Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products From India: Preliminary Affirmative Determination, 68854-68856 [2015-28447]
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68854
Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: November 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Preliminary Determination of Critical
Circumstances
VI. Injury Test
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Disclosure and Public Comment
XI. Conclusion
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix II
Scope of the Investigation
The products covered by this investigation
are certain flat-rolled steel products, either
clad, plated, or coated with corrosionresistant metals such as zinc, aluminum, or
zinc-, aluminum-, nickel- or iron-based
alloys, whether or not corrugated or painted,
varnished, laminated, or coated with plastics
or other non-metallic substances in addition
to the metallic coating. The products covered
include coils that have a width of 12.7 mm
or greater, regardless of form of coil (e.g., in
successively superimposed layers, spirally
oscillating, etc.). The products covered also
include products not in coils (e.g., in straight
lengths) of a thickness less than 4.75 mm and
a width that is 12.7 mm or greater and that
measures at least 10 times the thickness. The
products covered also include products not
in coils (e.g., in straight lengths) of a
thickness of 4.75 mm or more and a width
exceeding 150 mm and measuring at least
twice the thickness. The products described
above may be rectangular, square, circular, or
other 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 crosssection, the width of certain products with
non-rectangular shape, etc.), the
measurement at its greatest width or
thickness applies.
Steel products included in the scope of this
investigation are products in which: (1) Iron
predominates, by weight, over each of the
other contained elements; (2) the carbon
VerDate Sep<11>2014
17:21 Nov 05, 2015
Jkt 238001
content is 2 percent or less, by weight; and
(3) none of the elements listed below exceeds
the quantity, by weight, respectively
indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.00 percent of nickel, or
• 0.30 percent of tungsten (also called
wolfram), or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium
Unless specifically excluded, products are
included in this scope regardless of levels of
boron and titanium.
For example, specifically included in this
scope are vacuum degassed, fully stabilized
(commonly referred to as interstitial-free (IF))
steels and high strength low alloy (HSLA)
steels. IF steels are recognized as low carbon
steels with micro-alloying levels of elements
such as titanium and/or niobium added to
stabilize carbon and nitrogen elements.
HSLA steels are recognized as steels with
micro-alloying levels of elements such as
chromium, copper, niobium, titanium,
vanadium, and molybdenum.
Furthermore, this scope also includes
Advanced High Strength Steels (AHSS) and
Ultra High Strength Steels (UHSS), both of
which are considered high tensile strength
and high elongation steels.
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. The following products are outside
of and/or specifically excluded from the
scope of this investigation:
• Flat-rolled steel products either plated or
coated with tin, lead, chromium, chromium
oxides, both tin and lead (‘‘terne plate’’), or
both chromium and chromium oxides (‘‘tin
free steel’’), whether or not painted,
varnished or coated with plastics or other
non-metallic substances in addition to the
metallic coating;
• Clad products in straight lengths of
4.7625 mm or more in composite thickness
and of a width which exceeds 150 mm and
measures at least twice the thickness; and
• Certain clad stainless flat-rolled
products, which are three-layered
corrosionresistant flat-rolled steel products
less than 4.75 mm in composite thickness
that consist of a flat-rolled steel product clad
on both sides with stainless steel in a 20%–
60%–20% ratio.
The products subject to the investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7210.30.0030,
7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0091, 7210.49.0095, 7210.61.0000,
7210.69.0000, 7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.6000, 7210.90.9000,
7212.20.0000, 7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000, 7212.40.1000,
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
7212.40.5000, 7212.50.0000, and
7212.60.0000.
The products subject to the investigation
may also enter under the following HTSUS
item numbers: 7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090,
7225.91.0000, 7225.92.0000, 7225.99.0090,
7226.99.0110, 7226.99.0130, 7226.99.0180,
7228.60.6000, 7228.60.8000, and
7229.90.1000.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
[FR Doc. 2015–28455 Filed 11–5–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–864]
Countervailing Duty Investigation of
Certain Corrosion-Resistant Steel
Products From India: Preliminary
Affirmative Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain
corrosion-resistant steel products
(‘‘corrosion-resistant steel’’) from India.
The period of investigation is January 1,
2014, through December 31, 2014. We
invite interested parties to comment on
this preliminary determination.
DATES: Effective November 6, 2015.
FOR FURTHER INFORMATION CONTACT: Jerry
Huang, Andrew Devine, or Matthew
Renkey, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone
202.482.4047, 202.482.0238, and
202.482.2312, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Investigation
The products covered by this
investigation are corrosion-resistant
steel products from India. For a
complete description of the scope of this
investigation, see Appendix II.
Methodology
The Department is conducting this
countervailing duty (‘‘CVD’’)
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (‘‘Act’’). For a full description
E:\FR\FM\06NON1.SGM
06NON1
Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices
of the methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memo.1 The
Preliminary Decision Memo is a public
document and is on file in the Central
Records Unit (‘‘CRU’’), Room B8024 of
the main Department of Commerce
building, as well as electronically via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’). ACCESS is available to
registered users at https://
access.trade.gov and it is available to all
parties in the CRU. In addition, parties
can directly access a complete version
of the Preliminary Decision Memo on
the internet at https://
enforcement.trade.gov/frn/.
The signed Preliminary Decision Memo
and the electronic versions of the
Preliminary Decision Memo are
identical in content.
mstockstill on DSK4VPTVN1PROD with NOTICES
Preliminary Determination and
Suspension of Liquidation
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
an individual rate for each producer/
exporter of the subject merchandise
individually investigated. We
preliminarily determine the
countervailable subsidy rates to be:
selected as respondents by those
companies’ exports of the subject
merchandise to the United States. Under
section 705(c)(5)(i) of the Act, the allothers rate should exclude zero and de
minimis rates calculated for the
exporters and producers individually
investigated. Where the rates for the
investigated companies are all zero or
de minimis, section 705(c)(5)(A)(ii) of
the Act instructs the Department to
establish an all-others rate using ‘‘any
reasonable method.’’ We have not
calculated the ‘‘all-others’’ rate by
weight averaging the rates of the two
individually investigated respondents,
because doing so risks disclosure of
proprietary information. Therefore, and
consistent with the Department’s
practice, for the ‘‘all-others’’ rate, we
calculated a simple average of the two
responding firms’ rates.2
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted in response to the
Department’s questionnaires prior to
making our final determination.
Disclosure and Public Comment
The Department intends to disclose
calculations performed for this
preliminary determination to the parties
Subsidy
within five days of the date of public
Company
rate
announcement of this determination in
(percent)
accordance with 19 CFR 351.224(b).
Case briefs or other written comments
JSW Steel Limited and JSW
Steel Coated Products Limited
2.85. may be submitted to the Assistant
Uttam Galva Steels Limited and
Secretary for Enforcement and
Uttam Value Steels Limited ....
7.71. Compliance no later than seven days
All Others ....................................
5.28. after the date on which the final
verification report is issued in this
In accordance with sections
proceeding, and rebuttal briefs, limited
703(d)(1)(B) and (d)(2) of the Act, we are
to issues raised in case briefs, may be
directing U.S. Customs and Border
submitted no later than five days after
Protection to suspend liquidation of all
the deadline date for case briefs.3 A
entries of corrosion-resistant steel from
table of contents, list of authorities used
India that are entered, or withdrawn
from warehouse, for consumption on or and an executive summary of issues
should accompany any briefs submitted
after the date of the publication of this
to the Department. This summary
notice in the Federal Register, and to
should be limited to five pages total,
require a cash deposit for such entries
including footnotes.
of merchandise in the amounts
Interested parties who wish to request
indicated above.
a hearing, or to participate if one is
In accordance with sections 703(d)
requested, must submit a written
and 705(c)(5)(A) of the Act, for
request to the Assistant Secretary for
companies not investigated, we apply
Enforcement and Compliance, U.S.
an ‘‘all-others’’ rate, which is normally
Department of Commerce, filed
calculated by weighting the subsidy
electronically using ACCESS. An
rates of the individual companies
electronically filed document must be
1 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Countervailing Duty Investigation of
Certain Corrosion-Resistant Steel Products from
India: Decision Memorandum for the Preliminary
Determination,’’ dated concurrently with this notice
(‘‘Preliminary Decision Memo’’).
VerDate Sep<11>2014
17:21 Nov 05, 2015
Jkt 238001
2 See, e.g., Countervailing Duty Investigation of
Chlorinated Isocyanurates from the People's
Republic of China: Preliminary Determination and
Alignment of Final Determination With Final
Antidumping Determination, 79 FR 10097
(February 24, 2014).
3 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
68855
received successfully in its entirety by
the Department’s electronic records
system, ACCESS, by 5:00 p.m. Eastern
Standard Time, within 30 days after the
date of publication of this notice.4
Requests should contain the party’s
name, address, and telephone number;
the number of participants; and a list of
the issues to be discussed. If a request
for a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a date, time
and location to be determined. Parties
will be notified of the date, time and
location of any hearing.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we will notify the International
Trade Commission (‘‘ITC’’) of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(2)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 45 days after the
Department makes its final
determination.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: November 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memo
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Preliminary Determination of Critical
Circumstances
VI. Injury Test
VII. Subsidies Valuation
VIII. Benchmarks and Discount Rates
IX. Analysis of Programs
X. Calculation of the All Others Rate
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
4 See
E:\FR\FM\06NON1.SGM
19 CFR 351.310(c).
06NON1
68856
Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
Appendix II—Scope of the Investigation
The products covered by this
investigation are certain flat-rolled steel
products, either clad, plated, or coated
with corrosion-resistant metals such as
zinc, aluminum, or zinc-, aluminum-,
nickel- or iron-based alloys, whether or
not corrugated or painted, varnished,
laminated, or coated with plastics or
other non-metallic substances in
addition to the metallic coating. The
products covered include coils that have
a width of 12.7 mm or greater,
regardless of form of coil (e.g., in
successively superimposed layers,
spirally oscillating, etc.). The products
covered also include products not in
coils (e.g., in straight lengths) of a
thickness less than 4.75 mm and a
width that is 12.7 mm or greater and
that measures at least 10 times the
thickness. The products covered also
include products not in coils (e.g., in
straight lengths) of a thickness of 4.75
mm or more and a width exceeding 150
mm and measuring at least twice the
thickness. The products described above
may be rectangular, square, circular, or
other 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 nonrectangular cross-section, the width of
certain products with non-rectangular
shape, etc.), the measurement at its
greatest width or thickness applies.
Steel products included in the scope
of this investigation are products in
which: (1) Iron predominates, by
weight, over each of the other contained
elements; (2) the carbon content is 2
percent or less, by weight; and (3) none
of the elements listed below exceeds the
quantity, by weight, respectively
indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.00 percent of nickel, or
VerDate Sep<11>2014
17:21 Nov 05, 2015
Jkt 238001
• 0.30 percent of tungsten (also called
wolfram), or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium
Unless specifically excluded,
products are included in this scope
regardless of levels of boron and
titanium.
For example, specifically included in
this scope are vacuum degassed, fully
stabilized (commonly referred to as
interstitial-free (IF)) steels and high
strength low alloy (HSLA) steels. IF
steels are recognized as low carbon
steels with micro-alloying levels of
elements such as titanium and/or
niobium added to stabilize carbon and
nitrogen elements. HSLA steels are
recognized as steels with micro-alloying
levels of elements such as chromium,
copper, niobium, titanium, vanadium,
and molybdenum.
Furthermore, this scope also includes
Advanced High Strength Steels (AHSS)
and Ultra High Strength Steels (UHSS),
both of which are considered high
tensile strength and high elongation
steels.
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. The following products are
outside of and/or specifically excluded
from the scope of this investigation:
• Flat-rolled steel products either
plated or coated with tin, lead,
chromium, chromium oxides, both tin
and lead (‘‘terne plate’’), or both
chromium and chromium oxides (‘‘tin
free steel’’), whether or not painted,
varnished or coated with plastics or
other non-metallic substances in
addition to the metallic coating;
• Clad products in straight lengths of
4.7625 mm or more in composite
thickness and of a width which exceeds
150 mm and measures at least twice the
thickness; and
• Certain clad stainless flat-rolled
products, which are three-layered
corrosion-resistant flat-rolled steel
products less than 4.75 mm in
composite thickness that consist of a
flat-rolled steel product clad on both
sides with stainless steel in a 20%–
60%–20% ratio.
The products subject to the
investigation are currently classified in
the Harmonized Tariff Schedule of the
United States (HTSUS) under item
numbers: 7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030,
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
7210.49.0091, 7210.49.0095,
7210.61.0000, 7210.69.0000,
7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.6000,
7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000,
7212.50.0000, and 7212.60.0000.
The products subject to the
investigation may also enter under the
following HTSUS item numbers:
7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000,
7217.20.1500, 7217.30.1530,
7217.30.1560, 7217.90.1000,
7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.91.0000,
7225.92.0000, 7225.99.0090,
7226.99.0110, 7226.99.0130,
7226.99.0180, 7228.60.6000,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description
of the scope of the investigation is
dispositive.
[FR Doc. 2015–28447 Filed 11–5–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request: Socioeconomics of
Ocean Guardian Schools—An Office of
the National Marine Sanctuaries
Educational Program
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before January 5, 2016.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW.,
Washington, DC 20230 (or via the
Internet at JJessup@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
SUMMARY:
E:\FR\FM\06NON1.SGM
06NON1
Agencies
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68854-68856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28447]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-864]
Countervailing Duty Investigation of Certain Corrosion-Resistant
Steel Products From India: Preliminary Affirmative Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily
determines that countervailable subsidies are being provided to
producers and exporters of certain corrosion-resistant steel products
(``corrosion-resistant steel'') from India. The period of investigation
is January 1, 2014, through December 31, 2014. We invite interested
parties to comment on this preliminary determination.
DATES: Effective November 6, 2015.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, Andrew Devine, or Matthew
Renkey, AD/CVD Operations, Office V, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone
202.482.4047, 202.482.0238, and 202.482.2312, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by this investigation are corrosion-resistant
steel products from India. For a complete description of the scope of
this investigation, see Appendix II.
Methodology
The Department is conducting this countervailing duty (``CVD'')
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (``Act''). For a full description
[[Page 68855]]
of the methodology underlying our preliminary conclusions, see the
Preliminary Decision Memo.\1\ The Preliminary Decision Memo is a public
document and is on file in the Central Records Unit (``CRU''), Room
B8024 of the main Department of Commerce building, as well as
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``ACCESS'').
ACCESS is available to registered users at https://access.trade.gov and
it is available to all parties in the CRU. In addition, parties can
directly access a complete version of the Preliminary Decision Memo on
the internet at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memo and the electronic versions of the
Preliminary Decision Memo are identical in content.
---------------------------------------------------------------------------
\1\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Countervailing Duty Investigation of Certain Corrosion-Resistant
Steel Products from India: Decision Memorandum for the Preliminary
Determination,'' dated concurrently with this notice (``Preliminary
Decision Memo'').
---------------------------------------------------------------------------
Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated an individual rate for each producer/exporter of the subject
merchandise individually investigated. We preliminarily determine the
countervailable subsidy rates to be:
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
JSW Steel Limited and JSW Steel Coated Products Limited..... 2.85.
Uttam Galva Steels Limited and Uttam Value Steels Limited... 7.71.
All Others.................................................. 5.28.
------------------------------------------------------------------------
In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, we
are directing U.S. Customs and Border Protection to suspend liquidation
of all entries of corrosion-resistant steel from India that are
entered, or withdrawn from warehouse, for consumption on or after the
date of the publication of this notice in the Federal Register, and to
require a cash deposit for such entries of merchandise in the amounts
indicated above.
In accordance with sections 703(d) and 705(c)(5)(A) of the Act, for
companies not investigated, we apply an ``all-others'' rate, which is
normally calculated by weighting the subsidy rates of the individual
companies selected as respondents by those companies' exports of the
subject merchandise to the United States. Under section 705(c)(5)(i) of
the Act, the all-others rate should exclude zero and de minimis rates
calculated for the exporters and producers individually investigated.
Where the rates for the investigated companies are all zero or de
minimis, section 705(c)(5)(A)(ii) of the Act instructs the Department
to establish an all-others rate using ``any reasonable method.'' We
have not calculated the ``all-others'' rate by weight averaging the
rates of the two individually investigated respondents, because doing
so risks disclosure of proprietary information. Therefore, and
consistent with the Department's practice, for the ``all-others'' rate,
we calculated a simple average of the two responding firms' rates.\2\
---------------------------------------------------------------------------
\2\ See, e.g., Countervailing Duty Investigation of Chlorinated
Isocyanurates from the People's Republic of China: Preliminary
Determination and Alignment of Final Determination With Final
Antidumping Determination, 79 FR 10097 (February 24, 2014).
---------------------------------------------------------------------------
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted in response to the Department's
questionnaires prior to making our final determination.
Disclosure and Public Comment
The Department intends to disclose calculations performed for this
preliminary determination to the parties within five days of the date
of public announcement of this determination in accordance with 19 CFR
351.224(b). Case briefs or other written comments may be submitted to
the Assistant Secretary for Enforcement and Compliance no later than
seven days after the date on which the final verification report is
issued in this proceeding, and rebuttal briefs, limited to issues
raised in case briefs, may be submitted no later than five days after
the deadline date for case briefs.\3\ A table of contents, list of
authorities used and an executive summary of issues should accompany
any briefs submitted to the Department. This summary should be limited
to five pages total, including footnotes.
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\3\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, ACCESS, by 5:00 p.m. Eastern Standard Time,
within 30 days after the date of publication of this notice.\4\
Requests should contain the party's name, address, and telephone
number; the number of participants; and a list of the issues to be
discussed. If a request for a hearing is made, the Department intends
to hold the hearing at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230, at a date, time and
location to be determined. Parties will be notified of the date, time
and location of any hearing.
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\4\ See 19 CFR 351.310(c).
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International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (``ITC'') of our determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information relating to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order, without the written consent of the Assistant
Secretary for Enforcement and Compliance.
In accordance with section 705(b)(2) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 45 days after the Department makes its final determination.
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: November 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--List of Topics Discussed in the Preliminary Decision Memo
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Preliminary Determination of Critical Circumstances
VI. Injury Test
VII. Subsidies Valuation
VIII. Benchmarks and Discount Rates
IX. Analysis of Programs
X. Calculation of the All Others Rate
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
[[Page 68856]]
Appendix II--Scope of the Investigation
The products covered by this investigation are certain flat-rolled
steel products, either clad, plated, or coated with corrosion-resistant
metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-
based alloys, whether or not corrugated or painted, varnished,
laminated, or coated with plastics or other non-metallic substances in
addition to the metallic coating. The products covered include coils
that have a width of 12.7 mm or greater, regardless of form of coil
(e.g., in successively superimposed layers, spirally oscillating,
etc.). The products covered also include products not in coils (e.g.,
in straight lengths) of a thickness less than 4.75 mm and a width that
is 12.7 mm or greater and that measures at least 10 times the
thickness. The products covered also include products not in coils
(e.g., in straight lengths) of a thickness of 4.75 mm or more and a
width exceeding 150 mm and measuring at least twice the thickness. The
products described above may be rectangular, square, circular, or other
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.
Steel products included in the scope of this investigation are
products in which: (1) Iron predominates, by weight, over each of the
other contained elements; (2) the carbon content is 2 percent or less,
by weight; and (3) none of the elements listed below exceeds the
quantity, by weight, respectively indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.00 percent of nickel, or
0.30 percent of tungsten (also called wolfram), or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium
Unless specifically excluded, products are included in this scope
regardless of levels of boron and titanium.
For example, specifically included in this scope are vacuum
degassed, fully stabilized (commonly referred to as interstitial-free
(IF)) steels and high strength low alloy (HSLA) steels. IF steels are
recognized as low carbon steels with micro-alloying levels of elements
such as titanium and/or niobium added to stabilize carbon and nitrogen
elements. HSLA steels are recognized as steels with micro-alloying
levels of elements such as chromium, copper, niobium, titanium,
vanadium, and molybdenum.
Furthermore, this scope also includes Advanced High Strength Steels
(AHSS) and Ultra High Strength Steels (UHSS), both of which are
considered high tensile strength and high elongation steels.
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. The following products are outside of
and/or specifically excluded from the scope of this investigation:
Flat-rolled steel products either plated or coated with
tin, lead, chromium, chromium oxides, both tin and lead (``terne
plate''), or both chromium and chromium oxides (``tin free steel''),
whether or not painted, varnished or coated with plastics or other non-
metallic substances in addition to the metallic coating;
Clad products in straight lengths of 4.7625 mm or more in
composite thickness and of a width which exceeds 150 mm and measures at
least twice the thickness; and
Certain clad stainless flat-rolled products, which are
three-layered corrosion-resistant flat-rolled steel products less than
4.75 mm in composite thickness that consist of a flat-rolled steel
product clad on both sides with stainless steel in a 20%-60%-20% ratio.
The products subject to the investigation are currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
item numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000,
7212.40.5000, 7212.50.0000, and 7212.60.0000.
The products subject to the investigation may also enter under the
following HTSUS item numbers: 7210.90.1000, 7215.90.1000, 7215.90.3000,
7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.91.0000, 7225.92.0000,
7225.99.0090, 7226.99.0110, 7226.99.0130, 7226.99.0180, 7228.60.6000,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
[FR Doc. 2015-28447 Filed 11-5-15; 8:45 am]
BILLING CODE 3510-DS-P