Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From Brazil: Preliminary Affirmative Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 79569-79571 [2015-32221]
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Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
such as silicon and aluminum. AHSS and
UHSS are considered high tensile strength
and high elongation steels, although AHSS
and UHSS are covered whether or not they
are high tensile strength or high elongation
steels.
Subject merchandise includes cold-rolled
steel that has been further processed in a
third country, including but not limited to
annealing, tempering, 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 cold-rolled
steel.
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:
• Ball bearing steels; 8
• Tool steels; 9
• Silico-manganese steel; 10
• Grain-oriented electrical steels (GOES) as
defined in the final determination of the U.S.
Department of Commerce in Grain-Oriented
Electrical Steel From Germany, Japan, and
Poland.11
• Non-Oriented Electrical Steels (NOES), as
defined in the antidumping orders issued
8 Ball bearing steels are defined as steels which
contain, in addition to iron, each of the following
elements by weight in the amount specified: (i) not
less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent
of manganese; (iii) none, or not more than 0.03
percent of sulfur; (iv) none, or not more than 0.03
percent of phosphorus; (v) not less than 0.18 nor
more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii)
none, or not more than 0.28 percent of nickel; (viii)
none, or not more than 0.38 percent of copper; and
(ix) none, or not more than 0.09 percent of
molybdenum.
9 Tool steels are defined as steels which contain
the following combinations of elements in the
quantity by weight respectively indicated: (i) more
than 1.2 percent carbon and more than 10.5 percent
chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent
chromium; or (iii) not less than 0.85 percent carbon
and 1 percent to 1.8 percent, inclusive, manganese;
or (iv) 0.9 percent to 1.2 percent, inclusive,
chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi)
not less than 0.5 percent carbon and not less than
5.5 percent tungsten.
10 Silico-manganese steel is defined as steels
containing by weight: (i) not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
11 Grain-Oriented Electrical Steel From Germany,
Japan, and Poland: Final Determinations of Sales at
Less Than Fair Value and Certain Final Affirmative
Determination of Critical Circumstances, 79 FR
42,501, 42,503 (Dep’t of Commerce, July 22, 2014).
This determination defines grain-oriented electrical
steel as ‘‘a flat-rolled alloy steel product containing
by weight at least 0.6 percent but not more than 6
percent of silicon, not more than 0.08 percent of
carbon, not more than 1.0 percent of aluminum, and
no other element in an amount that would give the
steel the characteristics of another alloy steel, in
coils or in straight lengths.’’
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by the U.S. Department of Commerce in
Non-Oriented Electrical Steel From the
People’s Republic of China, Germany,
Japan, the Republic of Korea, Sweden, and
Taiwan.12
The products subject to these
investigations are currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS) under item numbers:
7209.15.0000, 7209.16.0030, 7209.16.0060,
7209.16.0070, 7209.16.0091, 7209.17.0030,
7209.17.0060, 7209.17.0070, 7209.17.0091,
7209.18.1530, 7209.18.1560, 7209.18.2510,
7209.18.2520, 7209.18.2580, 7209.18.6020,
7209.18.6090, 7209.25.0000, 7209.26.0000,
7209.27.0000, 7209.28.0000, 7209.90.0000,
7210.70.3000, 7211.23.1500, 7211.23.2000,
7211.23.3000, 7211.23.4500, 7211.23.6030,
7211.23.6060, 7211.23.6075, 7211.23.6085,
7211.29.2030, 7211.29.2090, 7211.29.4500,
7211.29.6030, 7211.29.6080, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7225.50.6000,
7225.50.8015, 7225.50.8085, 7225.99.0090,
7226.92.5000, 7226.92.7050, and
7226.92.8050.
The products subject to the investigations
may also enter under the following HTSUS
numbers: 7210.90.9000, 7212.50.0000,
7215.10.0010, 7215.10.0080, 7215.50.0016,
7215.50.0018, 7215.50.0020, 7215.50.0061,
7215.50.0063, 7215.50.0065, 7215.50.0090,
7215.90.5000, 7217.10.1000, 7217.10.2000,
7217.10.3000, 7217.10.7000, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090,
7225.19.0000, 7226.19.1000, 7226.19.9000,
7226.99.0180, 7228.50.5015, 7228.50.5040,
7228.50.5070, 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. 2015–32222 Filed 12–21–15; 8:45 am]
BILLING CODE 3510–DS–P
12 Non-Oriented Electrical Steel From the People’s
Republic of China, Germany, Japan, the Republic of
Korea, Sweden, and Taiwan: Antidumping Duty
Orders, 79 FR 71,741, 71,741–42 (Dep’t of
Commerce, Dec. 3, 2014). The orders define NOES
as ‘‘cold-rolled, flat-rolled, alloy steel products,
whether or not in coils, regardless of width, having
an actual thickness of 0.20 mm or more, in which
the core loss is substantially equal in any direction
of magnetization in the plane of the material. The
term ‘substantially equal’ means that the cross grain
direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of
core loss. NOES has a magnetic permeability that
does not exceed 1.65 Tesla when tested at a field
of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the sheet (i.e.,
B800 value). NOES contains by weight more than
1.00 percent of silicon but less than 3.5 percent of
silicon, not more than 0.08 percent of carbon, and
not more than 1.5 percent of aluminum. NOES has
a surface oxide coating, to which an insulation
coating may be applied.’’
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79569
DEPARTMENT OF COMMERCE
International Trade Administration
[C–351–844]
Countervailing Duty Investigation of
Certain Cold-Rolled Steel Flat Products
From Brazil: Preliminary Affirmative
Determination and Alignment of Final
Determination With Final Antidumping
Duty 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 cold-rolled steel flat products
(cold-rolled steel) from Brazil. The
period of investigation is January 1,
2014, through December 31, 2014. We
invite interested parties to comment on
this preliminary determination.
DATES: Effective Date: December 22,
2015.
FOR FURTHER INFORMATION CONTACT:
Nicholas Czajkowski or Lana Nigro, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1395 or (202) 482–
1779, respectively.
AGENCY:
Scope of the Investigation
The products covered by this
investigation are cold-rolled steel flat
products from Brazil. 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 each of the subsidy programs found
countervailable, we preliminarily
determine that there is a subsidy, i.e., a
financial contribution by an ‘‘authority’’
that gives rise to a benefit to the
recipient, and that the subsidy is
specific.1 For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum. A
list of topics discussed in the
Preliminary Decision Memorandum is
included as Appendix I to this notice.
The Preliminary Decision Memorandum
is a public document and is on file
1 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
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Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices
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 at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
In making this preliminary
determination, the Department relied, in
part, on facts otherwise available.2 For
further information, see ‘‘Use of Facts
Otherwise Available’’ in the
accompanying Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final
CVD determination in this investigation
with the final determination in the
companion antidumping duty (AD)
investigation of cold-rolled steel from
Brazil based on a request made by
Petitioners.3 Consequently, the final
CVD determination will be issued on
the same date as the final AD
determination, which is currently
scheduled to be issued no later than
May 8, 2016,4 unless postponed.
Preliminary Determination and
Suspension of Liquidation
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
a CVD rate for each individually
investigated respondent company.
Section 705(c)(5)(A)(i) of the Act states
that, for companies not individually
investigated, we will determine an ‘‘all
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2 See
section 776(a) of the Act.
3 AK Steel Corporation, ArcelorMittal USA LLC,
Nucor Corporation, Steel Dynamics Inc., and the
United States Steel Corporation (collectively,
Petitioners). See letter from Petitioners,
‘‘Countervailing Duty Investigations of Certain
Cold-Rolled Steel Flat Products from Brazil, India,
the People’s Republic of China, the Republic of
Korea, and the Russian Federation—Petitioners’
Request to Align Final Determinations in
Countervailing and Antidumping Duty
Investigations,’’ dated December 14, 2015
(Petitioners’ Request for Alignment).
4 The current deadline for the final AD
determination, May 8, 2016, is a Sunday. Pursuant
to Department practice, the signature date will be
the next business day, which is Monday, May 9,
2016. See Notice of Clarification: Application of
‘‘Next Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
VerDate Sep<11>2014
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Jkt 238001
others’’ rate equal to the weightedaverage countervailable subsidy rates
established for exporters and producers
individually investigated, excluding any
zero and de minimis countervailable
subsidy rates, and any rates determined
entirely under section 776 of the Act.
Consistent with the Department’s
practice, we normally calculate the all
others rate based on the weighted
average of the mandatory respondents’
calculated subsidy rates.5 In this case
however, the two mandatory
respondents have the same rate.
Therefore, it is unnecessary to calculate
an all others rate that is the weighted
average of the mandatory respondents’
rates. The all others rate is the rate
calculated for both mandatory
respondents.
We preliminarily determine the
countervailable subsidy rates to be:
Company
Companhia Siderurgica
Nacional (CSN) .................
Usinas Siderurgicas de
Minas Gerais S.A.
(Usiminas) .........................
All Others ..............................
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.6
Interested parties may submit case and
rebuttal briefs, as well as request a
hearing.7 For a schedule of the
deadlines for filing case briefs, rebuttal
Subsidy rate
briefs, and hearing requests, see the
(percent)
Preliminary Decision Memorandum.
This determination is issued and
published pursuant to sections 703(f)
7.42
and 777(i) of the Act and 19 CFR
351.205(c).
7.42
7.42
In accordance with sections
703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border
Protection to suspend liquidation of all
entries of cold-rolled steel from Brazil
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.
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.
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,
5 See, e.g., Countervailing Duty Investigation of
Certain Passenger Vehicle and Light Truck Tires
From the People’s Republic of China: Final
Affirmative Determination, and Final Affirmative
Critical Circumstances Determination, in Part, 80
FR 34888 (June 18, 2015).
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Frm 00016
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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.
Sfmt 4703
Dated: December 15, 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. Alignment
VI. Injury Test
VII. Use of Facts Otherwise Available
VIII. Subsidies Valuation
IX. Analysis of Programs
X. Calculation of the All Others Rate
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
Appendix II
Scope of the Investigation
The products covered by this investigation
are certain cold-rolled (cold-reduced), flatrolled steel products, whether or not
annealed, painted, varnished, or coated with
plastics or other non-metallic substances.
The products covered do not include those
that are clad, plated, or coated with metal.
The products covered include coils that have
a width or other lateral measurement
(‘‘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)
6
7
See 19 CFR 351.224(b).
See 19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
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Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Notices
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
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, high strength low alloy (HSLA) steels,
motor lamination steels, Advanced High
Strength Steels (AHSS), and Ultra High
Strength Steels (UHSS). IF steels are
recognized as low carbon steels with microalloying 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. Motor lamination steels
contain micro-alloying levels of elements
such as silicon and aluminum. AHSS and
UHSS are considered high tensile strength
and high elongation steels, although AHSS
and UHSS are covered whether or not they
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are high tensile strength or high elongation
steels.
Subject merchandise includes cold-rolled
steel that has been further processed in a
third country, including but not limited to
annealing, tempering, 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 cold-rolled
steel.
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:
• Ball bearing steels; 8
• Tool steels; 9
• Silico-manganese steel; 10
• Grain-oriented electrical steels (GOES) as
defined in the final determination of the
U.S. Department of Commerce in GrainOriented Electrical Steel From Germany,
Japan, and Poland.11
• Non-Oriented Electrical Steels (NOES), as
defined in the antidumping orders issued
by the U.S. Department of Commerce in
Non-Oriented Electrical Steel From the
People’s Republic of China, Germany,
8 Ball bearing steels are defined as steels which
contain, in addition to iron, each of the following
elements by weight in the amount specified: (i) Not
less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent
of manganese; (iii) none, or not more than 0.03
percent of sulfur; (iv) none, or not more than 0.03
percent of phosphorus; (v) not less than 0.18 nor
more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii)
none, or not more than 0.28 percent of nickel; (viii)
none, or not more than 0.38 percent of copper; and
(ix) none, or not more than 0.09 percent of
molybdenum.
9 Tool steels are defined as steels which contain
the following combinations of elements in the
quantity by weight respectively indicated: (i) More
than 1.2 percent carbon and more than 10.5 percent
chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent
chromium; or (iii) not less than 0.85 percent carbon
and 1 percent to 1.8 percent, inclusive, manganese;
or (iv) 0.9 percent to 1.2 percent, inclusive,
chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi)
not less than 0.5 percent carbon and not less than
5.5 percent tungsten.
10 Silico-manganese steel is defined as steels
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
11 Grain-Oriented Electrical Steel From Germany,
Japan, and Poland: Final Determinations of Sales at
Less Than Fair Value and Certain Final Affirmative
Determination of Critical Circumstances, 79 FR
42,501, 42,503 (Dep’t of Commerce, July 22, 2014).
This determination defines grain-oriented electrical
steel as ‘‘a flat-rolled alloy steel product containing
by weight at least 0.6 percent but not more than 6
percent of silicon, not more than 0.08 percent of
carbon, not more than 1.0 percent of aluminum, and
no other element in an amount that would give the
steel the characteristics of another alloy steel, in
coils or in straight lengths.’’
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79571
Japan, the Republic of Korea, Sweden, and
Taiwan.12
The products subject to this investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7209.15.0000,
7209.16.0030, 7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030, 7209.17.0060,
7209.17.0070, 7209.17.0091, 7209.18.1530,
7209.18.1560, 7209.18.2510, 7209.18.2520,
7209.18.2580, 7209.18.6020, 7209.18.6090,
7209.25.0000, 7209.26.0000, 7209.27.0000,
7209.28.0000, 7209.90.0000, 7210.70.3000,
7211.23.1500, 7211.23.2000, 7211.23.3000,
7211.23.4500, 7211.23.6030, 7211.23.6060,
7211.23.6075, 7211.23.6085, 7211.29.2030,
7211.29.2090, 7211.29.4500, 7211.29.6030,
7211.29.6080, 7211.90.0000, 7212.40.1000,
7212.40.5000, 7225.50.6000, 7225.50.8015,
7225.50.8085, 7225.99.0090, 7226.92.5000,
7226.92.7050, and 7226.92.8050. The
products subject to the investigation may also
enter under the following HTSUS numbers:
7210.90.9000, 7212.50.0000, 7215.10.0010,
7215.10.0080, 7215.50.0016, 7215.50.0018,
7215.50.0020, 7215.50.0061, 7215.50.0063,
7215.50.0065, 7215.50.0090, 7215.90.5000,
7217.10.1000, 7217.10.2000, 7217.10.3000,
7217.10.7000, 7217.90.1000, 7217.90.5030,
7217.90.5060, 7217.90.5090, 7225.19.0000,
7226.19.1000, 7226.19.9000, 7226.99.0180,
7228.50.5015, 7228.50.5040, 7228.50.5070,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
purposes only. The written description of the
scope of the investigation is dispositive.
[FR Doc. 2015–32221 Filed 12–21–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Visiting Committee on Advanced
Technology
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of public meeting.
AGENCY:
12 Non-Oriented Electrical Steel From the People’s
Republic of China, Germany, Japan, the Republic of
Korea, Sweden, and Taiwan: Antidumping Duty
Orders, 79 FR 71,741, 71,741–42 (Dep’t of
Commerce, Dec. 3, 2014). The orders define NOES
as ‘‘cold-rolled, flat-rolled, alloy steel products,
whether or not in coils, regardless of width, having
an actual thickness of 0.20 mm or more, in which
the core loss is substantially equal in any direction
of magnetization in the plane of the material. The
term ‘substantially equal’ means that the cross grain
direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of
core loss. NOES has a magnetic permeability that
does not exceed 1.65 Tesla when tested at a field
of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the sheet (i.e.,
B800 value). NOES contains by weight more than
1.00 percent of silicon but less than 3.5 percent of
silicon, not more than 0.08 percent of carbon, and
not more than 1.5 percent of aluminum. NOES has
a surface oxide coating, to which an insulation
coating may be applied.’’
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]]>Agencies
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Notices]
[Pages 79569-79571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32221]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-844]
Countervailing Duty Investigation of Certain Cold-Rolled Steel
Flat Products From Brazil: Preliminary Affirmative Determination and
Alignment of Final Determination With Final Antidumping Duty
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 cold-rolled steel flat products
(cold-rolled steel) from Brazil. The period of investigation is January
1, 2014, through December 31, 2014. We invite interested parties to
comment on this preliminary determination.
DATES: Effective Date: December 22, 2015.
FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski or Lana Nigro, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1395 or (202) 482-1779, respectively.
Scope of the Investigation
The products covered by this investigation are cold-rolled steel
flat products from Brazil. 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 each of the subsidy programs found
countervailable, we preliminarily determine that there is a subsidy,
i.e., a financial contribution by an ``authority'' that gives rise to a
benefit to the recipient, and that the subsidy is specific.\1\ For a
full description of the methodology underlying our preliminary
conclusions, see the Preliminary Decision Memorandum. A list of topics
discussed in the Preliminary Decision Memorandum is included as
Appendix I to this notice. The Preliminary Decision Memorandum is a
public document and is on file
[[Page 79570]]
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
at https://enforcement.trade.gov/frn/. The signed Preliminary Decision
Memorandum and the electronic versions of the Preliminary Decision
Memorandum are identical in content.
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\1\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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In making this preliminary determination, the Department relied, in
part, on facts otherwise available.\2\ For further information, see
``Use of Facts Otherwise Available'' in the accompanying Preliminary
Decision Memorandum.
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\2\ See section 776(a) of the Act.
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Alignment
As noted in the Preliminary Decision Memorandum, in accordance with
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning
the final CVD determination in this investigation with the final
determination in the companion antidumping duty (AD) investigation of
cold-rolled steel from Brazil based on a request made by
Petitioners.\3\ Consequently, the final CVD determination will be
issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than May 8, 2016,\4\ unless
postponed.
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\3\ AK Steel Corporation, ArcelorMittal USA LLC, Nucor
Corporation, Steel Dynamics Inc., and the United States Steel
Corporation (collectively, Petitioners). See letter from
Petitioners, ``Countervailing Duty Investigations of Certain Cold-
Rolled Steel Flat Products from Brazil, India, the People's Republic
of China, the Republic of Korea, and the Russian Federation--
Petitioners' Request to Align Final Determinations in Countervailing
and Antidumping Duty Investigations,'' dated December 14, 2015
(Petitioners' Request for Alignment).
\4\ The current deadline for the final AD determination, May 8,
2016, is a Sunday. Pursuant to Department practice, the signature
date will be the next business day, which is Monday, May 9, 2016.
See Notice of Clarification: Application of ``Next Business Day''
Rule for Administrative Determination Deadlines Pursuant to the
Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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Preliminary Determination and Suspension of Liquidation
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated a CVD rate for each individually investigated respondent
company. Section 705(c)(5)(A)(i) of the Act states that, for companies
not individually investigated, we will determine an ``all others'' rate
equal to the weighted-average countervailable subsidy rates established
for exporters and producers individually investigated, excluding any
zero and de minimis countervailable subsidy rates, and any rates
determined entirely under section 776 of the Act.
Consistent with the Department's practice, we normally calculate
the all others rate based on the weighted average of the mandatory
respondents' calculated subsidy rates.\5\ In this case however, the two
mandatory respondents have the same rate. Therefore, it is unnecessary
to calculate an all others rate that is the weighted average of the
mandatory respondents' rates. The all others rate is the rate
calculated for both mandatory respondents.
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\5\ See, e.g., Countervailing Duty Investigation of Certain
Passenger Vehicle and Light Truck Tires From the People's Republic
of China: Final Affirmative Determination, and Final Affirmative
Critical Circumstances Determination, in Part, 80 FR 34888 (June 18,
2015).
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We preliminarily determine the countervailable subsidy rates to be:
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Subsidy rate
Company (percent)
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Companhia Siderurgica Nacional (CSN).................... 7.42
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas)..... 7.42
All Others.............................................. 7.42
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In accordance with sections 703(d)(1)(B) and (2) of the Act, we are
directing U.S. Customs and Border Protection to suspend liquidation of
all entries of cold-rolled steel from Brazil 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.
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.
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.\6\
Interested parties may submit case and rebuttal briefs, as well as
request a hearing.\7\ For a schedule of the deadlines for filing case
briefs, rebuttal briefs, and hearing requests, see the Preliminary
Decision Memorandum.
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\6\ See 19 CFR 351.224(b).
\7\ 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) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: December 15, 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. Alignment
VI. Injury Test
VII. Use of Facts Otherwise Available
VIII. Subsidies Valuation
IX. Analysis of Programs
X. Calculation of the All Others Rate
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Verification
XIV. Conclusion
Appendix II
Scope of the Investigation
The products covered by this investigation are certain cold-
rolled (cold-reduced), flat-rolled steel products, whether or not
annealed, painted, varnished, or coated with plastics or other non-
metallic substances. The products covered do not include those that
are clad, plated, or coated with metal. The products covered include
coils that have a width or other lateral measurement (``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)
[[Page 79571]]
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, high strength low alloy (HSLA) steels, motor
lamination steels, Advanced High Strength Steels (AHSS), and Ultra
High Strength Steels (UHSS). 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. Motor lamination steels contain micro-alloying levels of
elements such as silicon and aluminum. AHSS and UHSS are considered
high tensile strength and high elongation steels, although AHSS and
UHSS are covered whether or not they are high tensile strength or
high elongation steels.
Subject merchandise includes cold-rolled steel that has been
further processed in a third country, including but not limited to
annealing, tempering, 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 cold-rolled steel.
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:
Ball bearing steels; \8\
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\8\ Ball bearing steels are defined as steels which contain, in
addition to iron, each of the following elements by weight in the
amount specified: (i) Not less than 0.95 nor more than 1.13 percent
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv)
none, or not more than 0.03 percent of phosphorus; (v) not less than
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25
nor more than 1.65 percent of chromium; (vii) none, or not more than
0.28 percent of nickel; (viii) none, or not more than 0.38 percent
of copper; and (ix) none, or not more than 0.09 percent of
molybdenum.
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Tool steels; \9\
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\9\ Tool steels are defined as steels which contain the
following combinations of elements in the quantity by weight
respectively indicated: (i) More than 1.2 percent carbon and more
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent chromium; or
(iii) not less than 0.85 percent carbon and 1 percent to 1.8
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent,
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon and not less
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent
carbon and not less than 5.5 percent tungsten.
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Silico-manganese steel; \10\
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\10\ Silico-manganese steel is defined as steels containing by
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or
more but not more than 1.9 percent of manganese, and (iii) 0.6
percent or more but not more than 2.3 percent of silicon.
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Grain-oriented electrical steels (GOES) as defined in the
final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel From Germany, Japan, and Poland.\11\
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\11\ Grain-Oriented Electrical Steel From Germany, Japan, and
Poland: Final Determinations of Sales at Less Than Fair Value and
Certain Final Affirmative Determination of Critical Circumstances,
79 FR 42,501, 42,503 (Dep't of Commerce, July 22, 2014). This
determination defines grain-oriented electrical steel as ``a flat-
rolled alloy steel product containing by weight at least 0.6 percent
but not more than 6 percent of silicon, not more than 0.08 percent
of carbon, not more than 1.0 percent of aluminum, and no other
element in an amount that would give the steel the characteristics
of another alloy steel, in coils or in straight lengths.''
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Non-Oriented Electrical Steels (NOES), as defined in the
antidumping orders issued by the U.S. Department of Commerce in Non-
Oriented Electrical Steel From the People's Republic of China,
Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\12\
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\12\ Non-Oriented Electrical Steel From the People's Republic of
China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan:
Antidumping Duty Orders, 79 FR 71,741, 71,741-42 (Dep't of Commerce,
Dec. 3, 2014). The orders define NOES as ``cold-rolled, flat-rolled,
alloy steel products, whether or not in coils, regardless of width,
having an actual thickness of 0.20 mm or more, in which the core
loss is substantially equal in any direction of magnetization in the
plane of the material. The term `substantially equal' means that the
cross grain direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of core loss.
NOES has a magnetic permeability that does not exceed 1.65 Tesla
when tested at a field of 800 A/m (equivalent to 10 Oersteds) along
(i.e., parallel to) the rolling direction of the sheet (i.e., B800
value). NOES contains by weight more than 1.00 percent of silicon
but less than 3.5 percent of silicon, not more than 0.08 percent of
carbon, and not more than 1.5 percent of aluminum. NOES has a
surface oxide coating, to which an insulation coating may be
applied.''
The products subject to this investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7209.15.0000, 7209.16.0030,
7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030,
7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530,
7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580,
7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000,
7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000,
7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500,
7211.23.6030, 7211.23.6060, 7211.23.6075, 7211.23.6085,
7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030,
7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000,
7225.50.6000, 7225.50.8015, 7225.50.8085, 7225.99.0090,
7226.92.5000, 7226.92.7050, and 7226.92.8050. The products subject
to the investigation may also enter under the following HTSUS
numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080,
7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061,
7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000,
7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000,
7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090,
7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180,
7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and
7229.90.1000.
The HTSUS subheadings above are provided for convenience and
U.S. Customs purposes only. The written description of the scope of
the investigation is dispositive.
[FR Doc. 2015-32221 Filed 12-21-15; 8:45 am]
BILLING CODE 3510-DS-P
