Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products From Taiwan: Preliminary Negative Countervailing Duty Determination, 68852-68854 [2015-28455]
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68852
Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices
performed within five days after the
date of publication of the notice of final
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
However, because there are no changes
to our Preliminary Determination, and
because we continue to apply AFA to
the PRC-wide entity, in accordance with
section 776 of the Act, there are no final
calculations to disclose.
mstockstill on DSK4VPTVN1PROD with NOTICES
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (‘‘CBP’’) to continue to
suspend liquidation of all imports of
subject merchandise entered or
withdrawn from warehouse, for
consumption on or after June 18, 2015,
the date of publication of the
Preliminary Determination in the
Federal Register. Pursuant to 19 CFR
351.205 (d), the Department will
instruct CBP to require a cash deposit
equal to the weighted-average amount
by which the NV exceeds U.S. price,
adjusted where appropriate for export
subsidies,9 as follows: (1) The rate for
the exporters listed in the chart above
will be the rate we have determined in
this final determination; (2) for all PRC
exporters of subject merchandise which
have not received their own rate, the
cash-deposit rate will be the PRC-wide
rate; and (3) for all non-PRC exporters
of subject merchandise which have not
received their own rate, the cash-deposit
rate will be the rate applicable to the
PRC exporter/producer combination
that supplied that non-PRC exporter.
These suspension-of-liquidation
instructions will remain in effect until
further notice.
As stated previously, we will adjust
cash deposit rates by the amount of
export subsidies, where appropriate. In
this LTFV investigation, with regard to
PRC-wide entity, export subsidies
constitute 9.66 percent 10 of the final
calculated countervailing duty rate in
Well Hope Enterprises Limited, and Zhejiang
Fuyang Yongxing Chemical Co., Ltd.
9 See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, the Department calculates
the adjustment for export subsidies in
investigations not in the margin calculation
program, but in the cash deposit instructions issued
to CBP. 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.
10 The following subsidy programs in the
concurrent countervailing duty investigation are
export subsidies: Preferential Export Financing
from the Export-Import Bank of China (4.25%),
Reduced Fee Export Insurance (4.25%), Grants to
Cover Legal Fees in Trade Remedy Cases (0.58%),
and Cash Grants for Exports (0.58%).
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the concurrent countervailing duty
investigation, and, thus, we will offset
the PRC-wide rate of 363.31 percent by
the countervailing duty rate attributable
to export subsidies (i.e., 9.66 percent) 11
to calculate the cash deposit rate for this
LTFV investigation. We are not
adjusting the PRC-wide rate for
estimated domestic subsidy passthrough because we have no basis upon
which to make such an adjustment.12
Dated: October 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
U.S. International Trade Commission
(‘‘ITC’’) Notification
[C–583–857]
In accordance with section 735(d) of
the Act, we will notify the ITC of our
final determination of sales at LTFV. As
our final determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will, within 45 days,
determine 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
or sales (or the likelihood of sales) for
importation of the subject merchandise.
If the ITC determines that material
injury, threat of material injury, or
material retardation does not exist, the
proceeding will be terminated and all
securities posted will be refunded or
canceled. If the ITC determines that
such injury, threat of injury, or
retardation does exist, the Department
will issue an antidumping duty order
directing CBP to assess 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 Order (‘‘APO’’)
This notice also serves as a reminder
to the parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
This determination and notice are
issued and published in accordance
with sections 735(d) and 777(i)(1) of the
Act.
11 See
Melamine from the People’s Republic of
China: Final Affirmative Countervailing Duty
Determination, dated concurrently with this notice.
12 See Preliminary Decision Memorandum at the
section, ‘‘Section 777A(f) of the Act.’’
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[FR Doc. 2015–28352 Filed 11–5–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Countervailing Duty Investigation of
Certain Corrosion-Resistant Steel
Products From Taiwan: Preliminary
Negative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are not being provided to
producers and exporters of certain
corrosion-resistent steel products
(corrosion-resistant steel) from Taiwan.
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: Joy
Zhang or Cindy Robinson, Office III,
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1168 and (202)
482–3797, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Investigation
The products covered by this
investigation are corrosion-resistent
steel products from Taiwan. For a
complete description of the scope of the
investigation, see Appendix II.
Methodology
The Department is conducting this
countervailing duty (CVD) investigation
in accordance with section 701 of the
the Act. For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.1 A
list of topics discussed in the
Preliminary Decision Memorandum is
1 See Memorandum, ‘‘Countervailing Duty
Investigation of Certain Corrosion-Resistant Steel
Products from Taiwan: Decision Memorandum for
the Preliminary Negative Determination,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Federal Register / Vol. 80, No. 215 / Friday, November 6, 2015 / Notices
included as Appendix I to this notice.
The Preliminary 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 https://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
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://enforcement.trade.gov/frn/
index.html. The signed Preliminary
Decision Memorandum and the
electronic version of the Preliminary
Decision Memorandum are identical in
content.
New Subsidy Allegations
On October 1, 2015, the Department
initiated an investigation of certain
additional and new subsidy programs
based on AK Steel’s New Subsidy
Allegations (NSA) with repect to
Prosperity Companies,2 Yieh Phui
Companies,3 and the Taiwan
Authorities (TA).4 We did not receive
questionnaire responses from Prosperity
Companies, the Yieh Phui Companies,
and TA until October 16, 19, and 20,
2015, respectively.5 The timing of the
NSA questionnaire responses submitted
by these parties does not give us
sufficient time to incorporate them into
our preliminary determination. We
intend to examine these programs after
the preliminary determination time
permitting.6
68853
Negative Preliminary Determination
and Suspension of Liquidation
For this preliminary determination,
we have calculated a de minimis
countervailable subsidy rate for each
individually investigated producer/
exporter of the subject merchandise.
Consistent with section 703(b)(4)(A) of
the Act, we are disregarding these rates
and preliminarily determine that no
countervailable subsides are being
provided to producers/exporters of the
subject merchandise in Taiwan. Because
the rates calculated for the individually
investigated companies are de minimis,
the all others rate is also de minimis.
We preliminarily determine the
estimated countervailable subsidy rates
to be:
Company
Subsidy rate
Prosperity Tieh Enterprise Co., Ltd. (PT); Hong-Ye Steel Co., Ltd. (HY); Prosperity Did Enterprise Co.,
Ltd. (PD); and Chan Lin Enterprise Co., Ltd. (CL) (collectively Prosperity Companies).
Yieh Phui Enterprise Co., Ltd. (Yieh Phui); Yieh Corporation Limited (YCL); Shin Yang Steel Co., Ltd.
(Shin Yang); and Synn Industrial Co., Ltd (Synn) (collectively Yieh Phui Companies).
All Others ...................................................................................................................................................
0.00 percent ad valorem, de minimis.
0.00 percent ad valorem, de minimis.
0.00 percent ad valorem, de minimis.
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
Because we preliminarily determine
that the CVD rates in this investigation
are de minimis, we will not direct CBP
to suspend liquidation of entries of
subject merchandise.
On October 29, 2015, we
preliminarily found that, with regard to
Taiwan, critical circumstances exist for
imports of subject merchandise from
‘‘All Other’’ produers and exporters and
did not exist for the mandatory
respondents, the Prosperity Companies
and the Yieh Phui Companies.7 Thus,
based on the Preliminary Critical
Circumstances Determination, the
retroactive collection of cash deposits
would apply with regard to companies
subject to the all others rate, contingent
upon the Department reaching an
affirmative result in the preliminary
determination. As indicated in this
notice and as further explained in the
Preliminary Decision Memorandum, we
have preliminarily determined that
countervailable subsidies are not being
provided to producers and exporters of
corrosion-resistant steel from Taiwan
and, thus, we are issuing a preliminary
negative countervailing duty
determination. Accordingly, we also
preliminarily determine that critical
circumstances do not exist with regard
to imports of corrosion-resistant steel
from Taiwan.
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
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement.8
Interested parties may submit case and
rebuttal briefs, as well as request a
hearing.9 For a schedule of the
deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the
Preliminary Decision Memorandum.
This determination is issued and
published pursuant to sections 703(f)
2 Including the mandatory respondent, Prosperity
Tieh Enterprise Co., Ltd. (PT), and PT’s following
crossed-own affiliates: Hong-Ye Steel Co., Ltd. (HY),
Prosperity Did Enterprise Co., Ltd. (PD), and Chan
Lin Enterprise Co., Ltd. (CL) (collectively Prosperity
Companies). See PT’s initial questionnaire
responses dated August 7, at 1–3.
3 Including the mandatory respondent Yieh Phui
Enterprise Co., Ltd. (Yieh Phui), and Yieh Phui’s
following crossed-own affiliates: Yieh Corporation
Limited (YCL); Shin Yang Steel Co., Ltd. (Shin
Yang); and Synn Industrial Co., Ltd (Synn).
4 See Memorandum to Erin Begnal, ‘‘Certain
Corrosion-Resistant Steel (CORE) Products from
Taiwan: Decision Memorandum on New Subsidy
Allegations,’’ dated October 1, 2015 (NSA Decision
Memorandum).
5 See Yieh Phui, PT, and TA’s NSA questionnaire
responses dated October 16, 2015, October 19, 2015,
and October 20, 2015, respectively (NSAQR).
6 See Preliminary Decision Memorandum for
further details.
7 See Antidumping and Countervailing Duty
Investigations of Corrosion-Resistant Steel Products
from India, Italy, the People's Republic of China,
the Republic of Korea, and Taiwan: Preliminary
Determinations of Critical Circumstances,
80 FR lll (November lll, 2015) (signed
October 29, 2015) (Preliminary Critical
Circumstances Determination).
8 See 19 CFR 351.224(b).
9 See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
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17:21 Nov 05, 2015
Jkt 238001
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted by the respondents prior to
making our final determination.
U.S. International Trade Commission
Notification
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Disclosure and Public Comment
E:\FR\FM\06NON1.SGM
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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
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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,
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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
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]]>Agencies
[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68852-68854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28455]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-583-857]
Countervailing Duty Investigation of Certain Corrosion-Resistant
Steel Products From Taiwan: Preliminary Negative Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are not being provided to
producers and exporters of certain corrosion-resistent steel products
(corrosion-resistant steel) from Taiwan. 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: Joy Zhang or Cindy Robinson, Office
III, AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1168 and (202) 482-3797, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by this investigation are corrosion-resistent
steel products from Taiwan. For a complete description of the scope of
the investigation, see Appendix II.
Methodology
The Department is conducting this countervailing duty (CVD)
investigation in accordance with section 701 of the the Act. For a full
description of the methodology underlying our preliminary conclusions,
see the Preliminary Decision Memorandum.\1\ A list of topics discussed
in the Preliminary Decision Memorandum is
[[Page 68853]]
included as Appendix I to this notice. The Preliminary 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 https://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
Preliminary Decision Memorandum can be accessed directly on the
internet at https://enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and the electronic version of the
Preliminary Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Memorandum, ``Countervailing Duty Investigation of
Certain Corrosion-Resistant Steel Products from Taiwan: Decision
Memorandum for the Preliminary Negative Determination,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
New Subsidy Allegations
On October 1, 2015, the Department initiated an investigation of
certain additional and new subsidy programs based on AK Steel's New
Subsidy Allegations (NSA) with repect to Prosperity Companies,\2\ Yieh
Phui Companies,\3\ and the Taiwan Authorities (TA).\4\ We did not
receive questionnaire responses from Prosperity Companies, the Yieh
Phui Companies, and TA until October 16, 19, and 20, 2015,
respectively.\5\ The timing of the NSA questionnaire responses
submitted by these parties does not give us sufficient time to
incorporate them into our preliminary determination. We intend to
examine these programs after the preliminary determination time
permitting.\6\
---------------------------------------------------------------------------
\2\ Including the mandatory respondent, Prosperity Tieh
Enterprise Co., Ltd. (PT), and PT's following crossed-own
affiliates: Hong-Ye Steel Co., Ltd. (HY), Prosperity Did Enterprise
Co., Ltd. (PD), and Chan Lin Enterprise Co., Ltd. (CL) (collectively
Prosperity Companies). See PT's initial questionnaire responses
dated August 7, at 1-3.
\3\ Including the mandatory respondent Yieh Phui Enterprise Co.,
Ltd. (Yieh Phui), and Yieh Phui's following crossed-own affiliates:
Yieh Corporation Limited (YCL); Shin Yang Steel Co., Ltd. (Shin
Yang); and Synn Industrial Co., Ltd (Synn).
\4\ See Memorandum to Erin Begnal, ``Certain Corrosion-Resistant
Steel (CORE) Products from Taiwan: Decision Memorandum on New
Subsidy Allegations,'' dated October 1, 2015 (NSA Decision
Memorandum).
\5\ See Yieh Phui, PT, and TA's NSA questionnaire responses
dated October 16, 2015, October 19, 2015, and October 20, 2015,
respectively (NSAQR).
\6\ See Preliminary Decision Memorandum for further details.
---------------------------------------------------------------------------
Negative Preliminary Determination and Suspension of Liquidation
For this preliminary determination, we have calculated a de minimis
countervailable subsidy rate for each individually investigated
producer/exporter of the subject merchandise. Consistent with section
703(b)(4)(A) of the Act, we are disregarding these rates and
preliminarily determine that no countervailable subsides are being
provided to producers/exporters of the subject merchandise in Taiwan.
Because the rates calculated for the individually investigated
companies are de minimis, the all others rate is also de minimis.
We preliminarily determine the estimated countervailable subsidy
rates to be:
------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd. (PT); 0.00 percent ad valorem, de
Hong-Ye Steel Co., Ltd. (HY); Prosperity minimis.
Did Enterprise Co., Ltd. (PD); and Chan
Lin Enterprise Co., Ltd. (CL)
(collectively Prosperity Companies).
Yieh Phui Enterprise Co., Ltd. (Yieh 0.00 percent ad valorem, de
Phui); Yieh Corporation Limited (YCL); minimis.
Shin Yang Steel Co., Ltd. (Shin Yang);
and Synn Industrial Co., Ltd (Synn)
(collectively Yieh Phui Companies).
All Others................................ 0.00 percent ad valorem, de
minimis.
------------------------------------------------------------------------
Because we preliminarily determine that the CVD rates in this
investigation are de minimis, we will not direct CBP to suspend
liquidation of entries of subject merchandise.
On October 29, 2015, we preliminarily found that, with regard to
Taiwan, critical circumstances exist for imports of subject merchandise
from ``All Other'' produers and exporters and did not exist for the
mandatory respondents, the Prosperity Companies and the Yieh Phui
Companies.\7\ Thus, based on the Preliminary Critical Circumstances
Determination, the retroactive collection of cash deposits would apply
with regard to companies subject to the all others rate, contingent
upon the Department reaching an affirmative result in the preliminary
determination. As indicated in this notice and as further explained in
the Preliminary Decision Memorandum, we have preliminarily determined
that countervailable subsidies are not being provided to producers and
exporters of corrosion-resistant steel from Taiwan and, thus, we are
issuing a preliminary negative countervailing duty determination.
Accordingly, we also preliminarily determine that critical
circumstances do not exist with regard to imports of corrosion-
resistant steel from Taiwan.
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\7\ See Antidumping and Countervailing Duty Investigations of
Corrosion-Resistant Steel Products from India, Italy, the People's
Republic of China, the Republic of Korea, and Taiwan: Preliminary
Determinations of Critical Circumstances, 80 FR ___ (November ___,
2015) (signed October 29, 2015) (Preliminary Critical Circumstances
Determination).
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Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.
U.S. 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.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\8\
Interested parties may submit case and rebuttal briefs, as well as
request a hearing.\9\ For a schedule of the deadlines for filing case
briefs, rebuttal briefs, and hearing requests, see the Preliminary
Decision Memorandum.
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\8\ See 19 CFR 351.224(b).
\9\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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This determination is issued and published pursuant to sections
703(f)
[[Page 68854]]
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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
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 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, 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
