82 FR 9716 - Antidumping Duty Investigation of Stainless Steel Sheet and Strip From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 25 (February 8, 2017)
International Trade Administration
Federal Register Volume 82, Issue 25 (February 8, 2017)
| Page Range | 9716-9719 | |
| FR Document | 2017-02576 |
[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)] [Notices] [Pages 9716-9719] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-02576] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-042] Antidumping Duty Investigation of Stainless Steel Sheet and Strip From the People's Republic of China: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective February 8, 2017. SUMMARY: The Department of Commerce (the Department) determines that imports of stainless steel sheet and strip (stainless sheet and strip) from the People's Republic of China (PRC) is being, or is likely to be, sold in the United States at less than fair value [[Page 9717]] (LTFV). The period of investigation (POI) is July 1, 2015, through December 31, 2015. The final weighted-average dumping margins for the investigation on stainless sheet and strip from the PRC are listed below in the ``Final Determination'' section of this notice. We continue to find that critical circumstances exist for the PRC-wide entity and the separate rate companies that were not selected for individual examination. FOR FURTHER INFORMATION CONTACT: Alexander Cipolla, or Kathryn Wallace, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4956 or (202) 482-6251 respectively. SUPPLEMENTARY INFORMATION: Background On September 19, 2016, the Department published its affirmative preliminary determination that stainless sheet and strip from the PRC is being, or is likely to be, sold in the United States at less than fair value, as provided by section 733 of the Tariff Act of 1930, as amended (the Act).\1\ The following events occurred since the Preliminary Determination. On October 21, 2016, the Department issued a postponement of the Final Determination.\2\ We invited interested party comments on the Preliminary Determination in this investigation. On November 2, 2016, mandatory respondent, Shanxi Taigang Stainless Steel Co., Ltd (Taigang) submitted a case brief. On November 14, 2016, Petitioners filed a rebuttal case brief.\3\ On January 17, 2017, the Department held hearing with respect to this investigation. For a complete discussion of the issues raised in the case and rebuttal briefs, see the Issues and Decision Memorandum.\4\ --------------------------------------------------------------------------- \1\ See Stainless Steel Sheet and Strip From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances, 81 FR 64135 (September 19, 2016) (Preliminary Determination) and the accompanying Preliminary Determination Memorandum. \2\ See Stainless Steel Sheet and Strip from the People's Republic of China: Postponement of Final Determination of Sales at Less Than Fair Value Investigation, 81 FR 72776 (October 21, 2016). \3\ Petitioners are AK Steel Corporation, Allegheny Ludlum, LLC d/b/a ATI Flat Rolled Products, North American Stainless, and Outokumpu Stainless USA, LLC. \4\ See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, regarding ``Decision Memorandum for the Final Determination in the Antidumping Duty Investigation of Stainless Steel Sheet and Strip from the People's Republic of China,'' (February 1, 2017) (Issues and Decision Memorandum), which is hereby adopted by this notice. --------------------------------------------------------------------------- Period of Investigation The POI is July 1, 2015, through December 31, 2015. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition.\5\ --------------------------------------------------------------------------- \5\ See 19 CFR 351.204(b)(1). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is stainless sheet and strip. For a complete description of the scope of this investigation, see Appendix I. Final Affirmative Determination of Critical Circumstances We continue to find that critical circumstances exist for the PRC- wide entity and non-selected respondents eligible for a separate rate, in accordance with section 735(a)(3) of the Act and 19 CFR 351.206. For a full description of the methodology and results of our analysis, see the Preliminary Determination, unchanged in the Issues and Decision Memorandum. Separate Rates In the Preliminary Determination, we found that evidence provided by Taiyuan Ridetaixing Precision Stainless Steel Incorporated Co., Ltd. (Ridetaixing), and Zhangjiagang Pohang Stainless Steel Co., Ltd. (ZPSS) supported finding an absence of both de jure and de facto government control, and, therefore, we preliminarily granted a separate rate to each of these companies.\6\ In addition, in the Preliminary Determination, we found Tiancheng Stainless Steel Products Co., Ltd. (Tiancheng), Taigang and Tianjin Taigang Daming Metal Product Co., Ltd. (Daming) to be ineligible for a separate rate.\7\ For the final determination, we continue to find that Ridetaixing and ZPSS are eligible for separate rates. --------------------------------------------------------------------------- \6\ See Preliminary Decision Memorandum at 10-13. \7\ Id. at 12. --------------------------------------------------------------------------- With respect to Taigang, we determined in the Preliminary Determination that it failed to demonstrate an absence of de facto government contro, and, thus, the Department did not grant Taigang a separate rate. For this final determination, we continue to find, based on record evidence, that Taigang failed to demonstrate an absence of de facto government control, and we are, therefore, not granting Taigang a separate rate. For further discussion of this issue, see the Issues and Decision Memorandum at Issue 5. We have looked to sections 735(c)(5)(A)-(B) of the Act for guidance in determining the rate applicable to separate rate respondents not selected for individual examination. Under section 735(c)(5)(A) of the Act, the rate for all other companies that have not been individually examined is normally an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely on the basis of facts available. In this investigation, both exporters selected for individual examination have been found to be part of the PRC-wide entity, which is receiving an antidumping duty rate based entirely on facts otherwise available with an adverse inference. Therefore, looking to section 735(c)(5)(B) of the Act, the Department is using ``any reasonable method'' to determine the rate for exporters that are not being individually examined and found to be entitled to a separate rate, as we did in the Preliminary Determination. As such, we continue to assign the simple average of the two petition rates (i.e., 63.86 percent) to the separate rate applicants not individually examined.\8\ --------------------------------------------------------------------------- \8\ See Preliminary Determination. --------------------------------------------------------------------------- Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the Issues and Decision Memorandum accompanying this notice, which is hereby adopted by this notice. A list of the issues which the parties raised and to which the Department responded in the memorandum appears in Appendix II of this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the memorandum are identical in content. [[Page 9718]] Changes Since the Preliminary Determination Based on our review and analysis of the comments received from parties, we made certain changes to the separate rate and PRC-wide entity cash deposit rates since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum, dated concurrently with this notice.\9\ --------------------------------------------------------------------------- \9\ See Issues and Decision Memorandum, dated concurrently with this memorandum. --------------------------------------------------------------------------- PRC-Wide Rate In our Preliminary Determination, we found that the PRC-wide entity, which includes Taigang, Daming, and other PRC exporters and/or producers that did not respond to the Department's requests for information, failed to provide necessary information, withheld information requested by the Department, failed to provide information in a timely manner, and significantly impeded this proceeding by not submitting the requested information. As a result, we preliminarily determined to calculate the PRC-wide rate on the basis of adverse facts available (AFA), pursuant to sections 776(a)-(b) of the Act. As AFA, we determined to use the highest petition margin (76.64 percent) and corroborated that margin. For this final determination, we continue to rely on AFA in determining the rate for the PRC-wide entity and to select 76.64 percent as the dumping margin for the PRC-wide entity. Combination Rates In the Initiation Notice, the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation.\10\ Policy Bulletin 05.1 describes this practice.\11\ --------------------------------------------------------------------------- \10\ See Stainless Steel Sheet and Strip from the People's Republic of China: Initiation of Antidumping Duty Investigation, 81 FR 12711 (March 10, 2016) (Initiation Notice). \11\ See Enforcement and Compliance Policy Bulletin No. 05.1 ``Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf. --------------------------------------------------------------------------- Final Determination The Department determines that imports of stainless sheet and strip from the PRC is being, or is likely to be, sold in the United States at LTFV as provided in section 735 of the Act and determines that the estimated final weighted-average dumping margins are as follows: ---------------------------------------------------------------------------------------------------------------- Weighted- average Cash deposit Exporter Producer dumpin margin (%) (%) ---------------------------------------------------------------------------------------------------------------- Taiyuan Ridetaixing Precision Stainless Steel Taiyuan Ridetaixing Precision 63.86 45.26 Incorporated Co., Ltd. Stainless Steel Incorporated Co., Ltd. Zhangjiagang Pohang Stainless Steel Co., Ltd.. Zhangjiagang Pohang Stainless 63.86 45.26 Steel Co., Ltd. PRC-Wide Entity............................... PRC-Wide Entity................. 76.64 58.04 ---------------------------------------------------------------------------------------------------------------- Disclosure We intend to disclose to parties the calculations performed in this proceeding within five days of any public announcement of this notice in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation As noted above, for this final determination, the Department found that critical circumstances exist with respect to imports of the subject merchandise from the PRC-wide entity and the non-selected separate rate respondents. Therefore, in accordance with section 735(c)(4)(A) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all imports of the merchandise subject to the investigation, that were entered or withdrawn from warehouse, for consumption on or after June 21, 2016, 90 days prior to publication of the Preliminary Determination in the Federal Register, and require a cash deposit for such entries as noted below. Pursuant to 19 CFR 351.205(d) and section 735(c)(1)(B)(ii) of the Act, we will instruct CBP to require a cash deposit \12\ for all suspended entries at an ad valorem rate equal to the weighted-average amount by which normal value exceeds U.S. price, as follows: (1) The cash deposit rate for the exporter/producer combination listed in the table above will be the dumping margin identified for that combination in the table adjusted, where appropriate,\13\ for export subsidies and estimated domestic subsidy pass-through; \14\ (2) for all combinations of PRC exporters/producers of merchandise under consideration that have not received their own separate rate above, the cash-deposit rate will be the dumping margin established for the PRC-wide entity, which will be adjusted, where appropriate for export subsidies and estimated domestic subsidy pass-through; and (3) for all non-PRC exporters of the merchandise under consideration which have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. These suspension of liquidation and cash deposit instructions will remain in effect until further notice. --------------------------------------------------------------------------- \12\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). \13\ If the ITC makes an affirmative final determination, we will adjust the cash deposit rates by deducting applicable final export subsidy and domestic pass-through rates from the final dumping margins. \14\ See sections 772(c)(1)(C) and 777A(f) of the Act, respectively. Unlike in administrative reviews, the Department makes an adjustment for export subsidies in investigations not in the margin-calculation program, but to the cash-deposit rate. See Notice of Final Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and accompanying Issues and Decision memorandum at Comment 1. --------------------------------------------------------------------------- The cash deposit rates were adjusted by the countervailing duty attributable to export subsidies. Pursuant to 777A(f) of the Act, we are also adjusting final cash deposit rates for estimated domestic subsidy pass-through, where appropriate.\15\ --------------------------------------------------------------------------- \15\ Id. at Issue 2. --------------------------------------------------------------------------- International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determination of sales at less than fair value. Because the final determination in this proceeding is [[Page 9719]] affirmative, the ITC will make its final determination, in accordance with section 735(b)(2) of the Act, as to whether the domestic industry in the United States is materially injured, threatened with material injury, or the establishment of an industry in the United States is materially retarded by reason of imports of passenger tires from the PRC, no later than 45 days after our final determination. If the ITC determines that material injury, threat of material injury, or material retardation does not exist, this proceeding will be terminated and all cash deposits posted will be refunded or canceled. If the ITC determines that such injury or material retardation does exist, then the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders In the event the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation subject to sanction. This determination and notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. Dated: January 1, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I--Scope of the Investigation The merchandise covered by this investigation is stainless steel sheet and strip, whether in coils or straight lengths. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flat-rolled product with a width that is greater than 9.5 mm and with a thickness of 0.3048 mm and greater but less than 4.75 mm, and that is annealed or otherwise heat treated, and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold- rolled, annealed, tempered, polished, aluminized, coated, painted, varnished, trimmed, cut, punched, or slit, etc.) provided that it maintains the specific dimensions of sheet and strip set forth above following such processing. The products described include products regardless of shape, and include products of either rectangular or non-rectangular cross-section where such cross-section is achieved subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above; and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non- rectangular cross-section, the width of certain products with non- rectangular shape, etc.), the measurement at its greatest width or thickness applies. All products that meet the written physical description, and in which the chemistry quantities do not exceed any one of the noted element levels listed above, are within the scope of this investigation unless specifically excluded. Subject merchandise includes stainless steel sheet and strip that has been further processed in a third country, including but not limited to cold-rolling, annealing, tempering, polishing, aluminizing, coating, painting, varnishing, trimming, cutting, punching, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the stainless steel sheet and strip. Excluded from the scope of this investigation are the following: (1) Sheet and strip that is not annealed or otherwise heat treated and not pickled or otherwise descaled; (2) plate (i.e., flat-rolled stainless steel products of a thickness of 4.75 mm or more); and (3) flat wire (i.e., cold-rolled sections, with a mill edge, rectangular in shape, of a width of not more than 9.5 mm). The products under investigation are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081, 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030, 7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045, 7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. Appendix II--Outline of the Issues and Decision Memorandum I. Summary II. Background III. Scope Comments IV. Scope of the Investigation V. Use of Adverse Facts Available VI. Critical Circumstances VII. Separate Rates VIII. Combination Rates IX. PRC-Wide Rate X. Adjustment Under Section 777A(F) of the Act XI. Adjustment to Cash Deposit Rate for Export Subsidies XII. Discussion of the Issues XIII. Recommendation List of Topics Discussed in the Issues and Decision Memorandum Issue 1: Whether the Department's Investigation and Decision Not to Verify Taigang Were Lawful Issue 2: Whether the Department Should Apply a Double-Remedy Adjustment for Domestic Subsidies Countervailed in the Accompanying CVD Investigation Issue 3: Whether the Department has the Statutory Authority to Issue a Country-Wide ``PRC-Entity'' AD Rate, and Whether the Department has Justification for Applying FA or AFA to Taigang Issue 4: Whether the Department's Presumption of PRC Government Control is Outdated Issue 5: Whether Taigang's Export Activities Are Controlled by the Chinese Government [FR Doc. 2017-02576 Filed 2-7-17; 8:45 am] BILLING CODE 3510-DS-P
![9716 Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices
ITC Notification Comment 6: The Department’s Preliminary processing that would not otherwise remove
Calculations Contain Errors in Certain the merchandise from the scope of the
In accordance with section 705(d) of Formulas for Calculating the Benefit investigation if performed in the country of
the Act, we will notify the ITC of our from the Provision of Electricity for manufacture of the stainless steel sheet and
determination. In addition, we are LTAR strip.
making available to the ITC all non- Comment 7: The Department Must Use Excluded from the scope of this
privileged and non-proprietary Taigang’s Consolidated Sales in investigation are the following: (1) Sheet and
information related to this investigation. Calculating Any Subsidy Rate with strip that is not annealed or otherwise heat
We will allow the ITC access to all Respect to Subsidies Received Directly treated and not pickled or otherwise
by Taigang descaled; (2) plate (i.e., flat-rolled stainless
privileged and business proprietary
Comment 8: The Correct Benchmark for steel products of a thickness of 4.75 mm or
information in our files, provided the Nickel Pig Iron more); and (3) flat wire (i.e., cold-rolled
ITC confirms that it will not disclose Comment 9: Provision of Inputs and sections, with a mill edge, rectangular in
such information, either publicly or Financing from Taigang’s Cross-Owned shape, of a width of not more than 9.5 mm).
under an administrative protective order Affiliates The products under investigation are
(APO), without the written consent of Comment 10: Countervailability of Certain currently classifiable under Harmonized
the Assistant Secretary for Enforcement Chromium Purchases Tariff Schedule of the United States (HTSUS)
and Compliance. Comment 11: Use of AFA in Finding Deed subheadings 7219.13.0031, 7219.13.0051,
Tax Exemption Used by Taigang/ 7219.13.0071, 7219.13.0081, 7219.14.0030,
Notification Regarding Administrative Untimely Submission 7219.14.0065, 7219.14.0090, 7219.23.0030,
Protective Orders XII. Recommendation 7219.23.0060, 7219.24.0030, 7219.24.0060,
7219.32.0005, 7219.32.0020, 7219.32.0025,
In the event the ITC issues a final Appendix II—Scope of the Investigation 7219.32.0035, 7219.32.0036, 7219.32.0038,
negative injury determination, this 7219.32.0042, 7219.32.0044, 7219.32.0045,
The merchandise covered by this
notice serves as the only reminder to investigation is stainless steel sheet and strip, 7219.32.0060, 7219.33.0005, 7219.33.0020,
parties subject to an APO of their whether in coils or straight lengths. Stainless 7219.33.0025, 7219.33.0035, 7219.33.0036,
responsibility concerning the steel is an alloy steel containing, by weight, 7219.33.0038, 7219.33.0042, 7219.33.0044,
destruction of proprietary information 1.2 percent or less of carbon and 10.5 percent 7219.33.0045, 7219.33.0070, 7219.33.0080,
disclosed under APO in accordance or more of chromium, with or without other 7219.34.0005, 7219.34.0020, 7219.34.0025,
with 19 CFR 351.305(a)(3). Timely elements. The subject sheet and strip is a flat- 7219.34.0030, 7219.34.0035, 7219.34.0050,
rolled product with a width that is greater 7219.35.0005, 7219.35.0015, 7219.35.0030,
written notification of the return or 7219.35.0035, 7219.35.0050, 7219.90.0010,
than 9.5 mm and with a thickness of 0.3048
destruction of APO materials, or 7219.90.0020, 7219.90.0025, 7219.90.0060,
mm and greater but less than 4.75 mm, and
conversion to judicial protective order, that is annealed or otherwise heat treated, 7219.90.0080, 7220.12.1000, 7220.12.5000,
is hereby requested. Failure to comply and pickled or otherwise descaled. The 7220.20.1010, 7220.20.1015, 7220.20.1060,
with the regulations and terms of an subject sheet and strip may also be further 7220.20.1080, 7220.20.6005, 7220.20.6010,
APO is a violation subject to sanction. processed (e.g., cold-rolled, annealed, 7220.20.6015, 7220.20.6060, 7220.20.6080,
This determination is issued and tempered, polished, aluminized, coated, 7220.20.7005, 7220.20.7010, 7220.20.7015,
published pursuant to sections 705(d) painted, varnished, trimmed, cut, punched, 7220.20.7060, 7220.20.7080, 7220.90.0010,
and 777(i) of the Act. or slit, etc.) provided that it maintains the 7220.90.0015, 7220.90.0060, and
specific dimensions of sheet and strip set 7220.90.0080. Although the HTSUS
Dated: February 1, 2017. forth above following such processing. The subheadings are provided for convenience
Ronald K. Lorentzen, products described include products and customs purposes, the written
Acting Assistant Secretary for Enforcement regardless of shape, and include products of description of the scope of this proceeding is
and Compliance. either rectangular or non-rectangular cross- dispositive.
section where such cross-section is achieved [FR Doc. 2017–02577 Filed 2–7–17; 8:45 am]
Appendix I—List of Topics Discussed in subsequent to the rolling process, i.e.,
the Final Decision Memorandum BILLING CODE 3510–DS–P
products which have been ‘‘worked after
I. Summary rolling’’ (e.g., products which have been
II. Background beveled or rounded at the edges).
For purposes of the width and thickness DEPARTMENT OF COMMERCE
III. Final Determination of Critical
Circumstances, in Part requirements referenced above: (1) Where the
nominal and actual measurements vary, a International Trade Administration
IV. Scope Comments
V. Scope of the Investigation product is within the scope if application of [A–570–042]
VI. Application of the Countervailing Duty either the nominal or actual measurement
Law to Imports from the PRC would place it within the scope based on the Antidumping Duty Investigation of
VII. Subsidies Valuation Information definitions set forth above; and (2) where the Stainless Steel Sheet and Strip From
VIII. Benchmarks and Discount Rates width and thickness vary for a specific
the People’s Republic of China: Final
IX. Use of Facts Otherwise Available and product (e.g., the thickness of certain
products with non-rectangular cross-section, Determination of Sales at Less Than
Adverse Inferences
X. Analysis of Programs the width of certain products with non- Fair Value and Final Affirmative
XI. Analysis of Comments rectangular shape, etc.), the measurement at Determination of Critical
Comment 1: Subsidies Received by Taigang its greatest width or thickness applies. Circumstances
Xinlei All products that meet the written physical
Comment 2: Previously Unreported description, and in which the chemistry AGENCY: Enforcement and Compliance,
Government Grants Received by the quantities do not exceed any one of the noted International Trade Administration,
Taigang Companies Discovered at element levels listed above, are within the Department of Commerce.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Verification scope of this investigation unless specifically DATES: Effective February 8, 2017.
Comment 3: TISCO’s Exemption from excluded. SUMMARY: The Department of Commerce
Distributing Dividends to the State Subject merchandise includes stainless
(the Department) determines that
Comment 4: Equity Investments in Taigang steel sheet and strip that has been further
Wanbang processed in a third country, including but imports of stainless steel sheet and strip
Comment 5: The Department’s Preliminary not limited to cold-rolling, annealing, (stainless sheet and strip) from the
Calculations Relating to the Provision of tempering, polishing, aluminizing, coating, People’s Republic of China (PRC) is
Land for LTAR Significantly Understate painting, varnishing, trimming, cutting, being, or is likely to be, sold in the
the Countervailable Benefit to TISCO punching, and/or slitting, or any other United States at less than fair value
VerDate Sep<11>2014 17:36 Feb 07, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\08FEN1.SGM 08FEN1](https://thefederalregister.org/doc/82_FR_9741/page/1.svg)
![Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices 9719
affirmative, the ITC will make its final specific dimensions of sheet and strip set 7220.90.0080. Although the HTSUS
determination, in accordance with forth above following such processing. The subheadings are provided for convenience
section 735(b)(2) of the Act, as to products described include products and customs purposes, the written
regardless of shape, and include products of description of the scope of this proceeding is
whether the domestic industry in the
either rectangular or non-rectangular cross- dispositive.
United States is materially injured, section where such cross-section is achieved
threatened with material injury, or the subsequent to the rolling process, i.e., Appendix II—Outline of the Issues and
establishment of an industry in the products which have been ‘‘worked after Decision Memorandum
United States is materially retarded by rolling’’ (e.g., products which have been I. Summary
reason of imports of passenger tires from beveled or rounded at the edges). II. Background
the PRC, no later than 45 days after our For purposes of the width and thickness
III. Scope Comments
final determination. If the ITC requirements referenced above: (1) Where the
IV. Scope of the Investigation
nominal and actual measurements vary, a
determines that material injury, threat of V. Use of Adverse Facts Available
product is within the scope if application of
material injury, or material retardation VI. Critical Circumstances
either the nominal or actual measurement
does not exist, this proceeding will be VII. Separate Rates
would place it within the scope based on the
terminated and all cash deposits posted VIII. Combination Rates
definitions set forth above; and (2) where the
will be refunded or canceled. If the ITC IX. PRC-Wide Rate
width and thickness vary for a specific
X. Adjustment Under Section 777A(F) of the
determines that such injury or material product (e.g., the thickness of certain
products with non-rectangular cross-section, Act
retardation does exist, then the XI. Adjustment to Cash Deposit Rate for
Department will issue an antidumping the width of certain products with non-
rectangular shape, etc.), the measurement at Export Subsidies
duty order directing CBP to assess, upon XII. Discussion of the Issues
its greatest width or thickness applies.
further instruction by the Department, All products that meet the written physical XIII. Recommendation
antidumping duties on all imports of the description, and in which the chemistry List of Topics Discussed in the Issues and
subject merchandise entered, or quantities do not exceed any one of the noted Decision Memorandum
withdrawn from warehouse, for element levels listed above, are within the
Issue 1: Whether the Department’s
consumption on or after the effective scope of this investigation unless specifically
Investigation and Decision Not to Verify
date of the suspension of liquidation. excluded.
Taigang Were Lawful
Subject merchandise includes stainless
Notification Regarding Administrative Issue 2: Whether the Department Should
steel sheet and strip that has been further
Protective Orders Apply a Double-Remedy Adjustment for
processed in a third country, including but
Domestic Subsidies Countervailed in the
In the event the ITC issues a final not limited to cold-rolling, annealing,
Accompanying CVD Investigation
tempering, polishing, aluminizing, coating,
negative injury determination, this Issue 3: Whether the Department has the
painting, varnishing, trimming, cutting,
notice will serve as the only reminder Statutory Authority to Issue a Country-
punching, and/or slitting, or any other
to parties subject to an administrative Wide ‘‘PRC-Entity’’ AD Rate, and Whether
processing that would not otherwise remove
protective order (APO) of their the Department has Justification for
the merchandise from the scope of the
responsibility concerning the Applying FA or AFA to Taigang
investigation if performed in the country of
Issue 4: Whether the Department’s
disposition of proprietary information manufacture of the stainless steel sheet and
Presumption of PRC Government Control is
disclosed under APO in accordance strip.
Outdated
with 19 CFR 351.305(a)(3). Timely Excluded from the scope of this
Issue 5: Whether Taigang’s Export Activities
written notification of the return or investigation are the following: (1) Sheet and
Are Controlled by the Chinese Government
strip that is not annealed or otherwise heat
destruction of APO materials, or [FR Doc. 2017–02576 Filed 2–7–17; 8:45 am]
treated and not pickled or otherwise
conversion to judicial protective order, descaled; (2) plate (i.e., flat-rolled stainless BILLING CODE 3510–DS–P
is hereby requested. Failure to comply steel products of a thickness of 4.75 mm or
with the regulations and terms of an more); and (3) flat wire (i.e., cold-rolled
APO is a violation subject to sanction. sections, with a mill edge, rectangular in DEPARTMENT OF COMMERCE
This determination and notice are shape, of a width of not more than 9.5 mm).
issued and published pursuant to The products under investigation are International Trade Administration
sections 735(d) and 777(i)(1) of the Act. currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS) [A–533–871]
Dated: January 1, 2017. subheadings 7219.13.0031, 7219.13.0051,
Ronald K. Lorentzen, 7219.13.0071, 7219.13.0081, 7219.14.0030, Finished Carbon Steel Flanges From
Acting Assistant Secretary for Enforcement 7219.14.0065, 7219.14.0090, 7219.23.0030, India: Preliminary Determination of
and Compliance. 7219.23.0060, 7219.24.0030, 7219.24.0060, Sales at Less Than Fair Value and
7219.32.0005, 7219.32.0020, 7219.32.0025,
Appendix I—Scope of the Investigation Postponement of Final Determination
7219.32.0035, 7219.32.0036, 7219.32.0038,
The merchandise covered by this 7219.32.0042, 7219.32.0044, 7219.32.0045, AGENCY: Enforcement and Compliance,
investigation is stainless steel sheet and strip, 7219.32.0060, 7219.33.0005, 7219.33.0020, International Trade Administration,
whether in coils or straight lengths. Stainless 7219.33.0025, 7219.33.0035, 7219.33.0036,
Department of Commerce.
steel is an alloy steel containing, by weight, 7219.33.0038, 7219.33.0042, 7219.33.0044,
1.2 percent or less of carbon and 10.5 percent 7219.33.0045, 7219.33.0070, 7219.33.0080, SUMMARY: The Department of Commerce
or more of chromium, with or without other 7219.34.0005, 7219.34.0020, 7219.34.0025, (the Department) preliminarily
elements. The subject sheet and strip is a flat- 7219.34.0030, 7219.34.0035, 7219.34.0050, determines that finished carbon steel
rolled product with a width that is greater 7219.35.0005, 7219.35.0015, 7219.35.0030, flanges from India are being, or are
asabaliauskas on DSK3SPTVN1PROD with NOTICES
than 9.5 mm and with a thickness of 0.3048 7219.35.0035, 7219.35.0050, 7219.90.0010, likely to be, sold in the United States at
mm and greater but less than 4.75 mm, and 7219.90.0020, 7219.90.0025, 7219.90.0060, less than fair value (LTFV). The period
that is annealed or otherwise heat treated, 7219.90.0080, 7220.12.1000, 7220.12.5000,
of investigation (POI) is April 1, 2015,
and pickled or otherwise descaled. The 7220.20.1010, 7220.20.1015, 7220.20.1060,
subject sheet and strip may also be further 7220.20.1080, 7220.20.6005, 7220.20.6010, through March 31, 2016. The estimated
processed (e.g., cold-rolled, annealed, 7220.20.6015, 7220.20.6060, 7220.20.6080, weighted-average dumping margins of
tempered, polished, aluminized, coated, 7220.20.7005, 7220.20.7010, 7220.20.7015, sales at LTFV are shown in the
painted, varnished, trimmed, cut, punched, 7220.20.7060, 7220.20.7080, 7220.90.0010, ‘‘Preliminary Determination’’ section of
or slit, etc.) provided that it maintains the 7220.90.0015, 7220.90.0060, and this notice. Interested parties are invited
VerDate Sep<11>2014 17:36 Feb 07, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\08FEN1.SGM 08FEN1](https://thefederalregister.org/doc/82_FR_9741/page/4.svg)
Document Created: 2017-02-08 02:59:34
Document Modified: 2017-02-08 02:59:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective February 8, 2017. | |
| Contact | Alexander Cipolla, or Kathryn Wallace, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 4956 or (202) 482-6251 respectively. | |
| FR Citation | 82 FR 9716 |
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