Certain Corrosion-Resistant Steel Products From Italy: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 69-72 [2015-32759]
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Notices
Electronic Service System (‘‘ACCESS’’)
on Enforcement and Compliance’s
ACCESS Web site at https://
access.trade.gov.4 Further, in
accordance with 19 CFR 351.303(f)(l)(i),
a copy of each request must be served
on the petitioner and each exporter or
producer specified in the request.
The Department will publish in the
Federal Register a notice of ‘‘Initiation
of Administrative Review of
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation’’ for requests received by
the last day of January 2016. If the
Department does not receive, by the last
day of January 2016, a request for
review of entries covered by an order,
finding, or suspended investigation
listed in this notice and for the period
identified above, the Department will
instruct CBP to assess antidumping or
countervailing duties on those entries at
a rate equal to the cash deposit of (or
bond for) estimated antidumping or
countervailing duties required on those
entries at the time of entry, or
withdrawal from warehouse, for
consumption and to continue to collect
the cash deposit previously ordered.
For the first administrative review of
any order, there will be no assessment
of antidumping or countervailing duties
on entries of subject merchandise
entered, or withdrawn from warehouse,
for consumption during the relevant
provisional-measures ‘‘gap’’ period of
the order, if such a gap period is
applicable to the period of review.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: December 22, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2015–33055 Filed 12–31–15; 8:45 am]
tkelley on DSK3SPTVN1PROD with NOTICES
BILLING CODE 3510–DS–P
4 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–832]
Certain Corrosion-Resistant Steel
Products From Italy: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) preliminarily
determines that certain corrosionresistant steel products (‘‘corrosionresistant steel’’) from Italy are being, or
are likely to be, sold in the United States
at less-than-fair-value (‘‘LTFV’’), as
provided in section 733(b) of the Tariff
Act of 1930, as amended (the ‘‘Act’’).
The period of investigation (‘‘POI’’) is
April 1, 2014, through March 31, 2015.
The estimated weighted-average
dumping margins shown in the
‘‘Preliminary Determination’’ section of
this notice. Interested parties are invited
to comment on this preliminary
determination.
AGENCY:
Effective Date: January 4, 2016.
Julia
Hancock or Susan Pulongbarit, 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) 482–1394 or (202) 482–
4031, respectively.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
Background
The Department published the notice
of initiation of this investigation on June
30, 2015.1 For a complete description of
the events that followed the initiation of
this investigation, see the memorandum
that is dated concurrently with this
determination and hereby adopted by
this notice.2 The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
1 See Certain Corrosion-Resistant Steel Products
from Italy, India, the People’s Republic of China,
the Republic of Korea, and Taiwan: Initiation of
Less-Than-Fair-Value investigations, 80 FR 37228
(June 30, 2015) (‘‘Initiation Notice’’).
2 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance ‘‘Decision
Memorandum for the Preliminary Determination in
the Antidumping Duty Investigation of Certain
Corrosion-Resistant Steel Products from Italy’’
(‘‘Preliminary Decision Memorandum’’), dated
concurrently with and hereby adopted by this
notice.
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69
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘ACCESS’’).
ACCESS is available to registered users
at https://access.trade.gov, and 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 found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
Scope of the Investigation
The product covered by this
investigation is corrosion-resistant steel
from Italy. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,3 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., ‘‘scope’’).4
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice, as
well as additional language proposed by
the Department. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.5 The
Department is preliminarily modifying
the scope language as it appeared in the
Initiation Notice to clarify that
corrosion-resistant steel which is further
processed in a third country is covered
by the scope of the investigation. See
‘‘Scope of the Investigation,’’ in
Appendix I, which includes the
additional clarifying language.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Export prices have been
calculated in accordance with section
772(a) of the Act. Constructed export
prices have been calculated in
3 See Antidumping Duties; Countervailing Duties,
62 FR 27296 (May 19, 1997).
4 See Initiation Notice, 80 FR at 37229.
5 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain
Corrosion-Resistant Steel Products From the
People’s Republic of China, India, Italy, the
Republic of Korea, and Taiwan: Scope Comments
Decision Memorandum for the Preliminary
Determinations,’’ dated December 21, 2015.
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accordance with section 772(b) of the
Act. Normal value (‘‘NV’’) is calculated
in accordance with section 773 of the
Act. For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding any
zero or de minimis and margins based
entirely under section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the
Act, if the estimated weighted-average
dumping margins established for all
exporters and producers individually
examined are zero, de minimis or
determined based entirely under section
776 of the Act, the Department may use
any reasonable method to establish the
estimated weighted-average dumping
margin for all other producers or
exporters.
Accordingly, because Arvedi is the
only respondent in this investigation for
which the Department preliminarily
calculated a company-specific rate
which is not zero, de minimis or based
entirely on facts available, pursuant to
section 735(c)(5)(A) of the Act, we are
using the weighted-average dumping
margin calculated for Arvedi as the
estimated weighted-average dumping
margin assigned to all other producers
and exporters of the merchandise under
consideration.
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Weightedaverage
margin
(percent)
Exporter/producer
Acciaieria Arvedi S.p.A ..............................................................................................................................................................................
Marcegaglia S.p.A .....................................................................................................................................................................................
All-Others ...................................................................................................................................................................................................
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Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, we are directing U.S.
Customs and Border Protection (‘‘CBP’’)
to suspend liquidation of all entries of
corrosion-resistant steel from Italy, as
described in the scope of the
investigation section entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register except for those produced and
exported by Marcegaglia. Because the
estimated weighted-average dumping
margin for Marcegaglia is zero, we are
not directing CBP to suspend
liquidation of entries of the
merchandise it produced and exported.
Pursuant to section 733 (d)(1)(B) of
the Act and 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit equal to the weightedaverage amount by which the NV
exceeds U.S. price as indicated in the
chart above,6 adjusted where
appropriate for export subsidies.7 The
Department has preliminarily
determined in its companion
6 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
7 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.
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countervailing duty investigation of
corrosion-resistant steel from Italy that
subject merchandise exported by Arvedi
and Marcegaglia did not benefit from
export subsidies.8 As a result, the
Department will make no adjustment to
Arvedi’s or Marcegaglia’s cash deposit
rates. The rate for all others producers
or exporters when adjusted for export
subsidies is 2.96 percent. The
suspension of liquidation instructions
will remain in effect until further notice.
Disclosure
We will disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of the publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties are invited to
comment on this preliminary
determination. 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.9
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
8 See Countervailing Duty Investigation of Certain
Corrosion-Resistant Steel Products from Italy:
Preliminary Affirmative Determination, 80 FR
68839 (November 6, 2015).
9 See 19 CFR 351.309.
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(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce. All documents must be filed
electronically using ACCESS. An
electronically-filed request must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time,
within 30 days after the date of
publication of this notice.10 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 time and
date to be determined. Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Verification
As provided in section 782(i) of the
Act, we intend to verify information
relied upon in making our final
determination.
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
10 See
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19 CFR 351.310(c).
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event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by Petitioners. 19
CFR 351.210(e)(2) requires that requests
by respondents for postponement of a
final antidumping determination must
be accompanied by a request for
extension of provisional measures from
a four-month period to a period not
more than six months in duration.
On November 13, 2015, pursuant to
sections 735(a)(2)(A) and 705(b) of the
Act, Arvedi and Marcegaglia requested
that, contingent upon an affirmative
preliminary determination of sales at
LTFV, the Department postpone the
final determination and that provisional
measures be extended to a period not to
exceed six months.11
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.12
tkelley on DSK3SPTVN1PROD with NOTICES
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we have notified the ITC of our
affirmative preliminary determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
11 See Letter to the Secretary of Commerce from
Arvedi and Marcegaglia ‘‘Request for Postponement
of Final Determination’’ (November 13, 2015).
12 See also 19 CFR 351.210(e).
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Dated: December 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The products covered by the scope 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 metal 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 4.75 mm or more than 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 for
above, and
(2) where the width and thickness vary for
a specific period (e.g., the thickness of certain
products with non-rectangular cross-section,
the width of certain products with nonrectangular shape, etc.), the measurement at
its greatest width or thickness applies.
Steel products included in the scope in
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; (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
• 1.25 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
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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 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.
Subject merchandise also includes
corrosion-resistant 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 investigations if performed
in the country of manufacture of the in-scope
corrosion resistant 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:
• 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
measure at least twice the thickness; and
• Certain clad stainless flat-rolled
products, which are three-layered corrosionresistant steel 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, 7215.20.1500, 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,
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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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Preliminary Determination of No Critical
Circumstances
V. Scope of Investigation
VI. All-Others Rate
VII. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
A. Comparison Market Viability
B. Affiliated Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of Normal Value Based on
Comparison Market Prices
XII. Currency Conversion
XIII. Conclusion
Lee, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4987, (202) 482–4474, or (202) 482–
6386, respectively.
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF COMMERCE
The Department published the notice
of initiation of this investigation on June
30, 2015.1 For a complete description of
the events that followed the initiation of
this investigation, see the memorandum
that is dated concurrently with this
determination and hereby adopted by
this notice.2 A list of topics included in
the Preliminary Decision Memorandum
is included as Appendix II 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 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 found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
International Trade Administration
Scope of the Investigation
[A–583–856]
The product covered by this
investigation is corrosion-resistant steel
from Taiwan. For a full description of
the scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I.
[FR Doc. 2015–32759 Filed 12–31–15; 8:45 am]
BILLING CODE 3510–DS–P
Certain Corrosion-Resistant Steel
Products from Taiwan: Negative
Preliminary Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) preliminarily
determines that certain corrosionresistant steel products (‘‘corrosionresistant steel’’) from Taiwan are not
being, or are not likely to be, sold in the
United States at less than fair value
(‘‘LTFV’’), as provided in section 733(b)
of the Tariff Act of 1930, as amended
(‘‘the Act’’). The period of investigation
(‘‘POI’’) is April 1, 2014, through March
31, 2015. Interested parties are invited
to comment on this preliminary
determination.
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
DATES:
Effective date: January 4, 2016.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley, Paul Stolz, or Shanah
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Scope Comments
In accordance with the preamble to
the Department’s regulations,3 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
1 See Certain Corrosion-Resistant Steel Products
from Italy, India, the People’s Republic of China,
the Republic of Korea, and Taiwan: Initiation of
Less-Than-Fair-Value Investigations, 80 FR 37228
(June 30, 2015) (‘‘Initiation Notice’’).
2 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ‘‘Decision
Memorandum for the Preliminary Determination in
the Antidumping Duty Investigation of Certain
Corrosion-Resistant Steel Products from Taiwan’’
(‘‘Preliminary Decision Memorandum’’), dated
concurrently with this notice.
3 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
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product coverage (i.e., ‘‘scope’’).4
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice, as
well as additional language proposed by
the Department. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.5 The
Department is preliminarily modifying
the scope language as it appeared in the
Initiation Notice to clarify that
corrosion-resistant steel which is further
processed in a third country is covered
by the scope of the investigation. See
‘‘Scope of the Investigation,’’ in
Appendix I, which includes the
additional clarifying language.
Postponement of Deadline for
Preliminary Determination
On October 14, 2015, the Department
published the notice of postponement
for the preliminary determination in
this investigation in accordance with
section 733(c)(1)(B) of the Act and 19
CFR 351.205(f)(1).6 As a result of the 41day postponement, the revised deadline
for the preliminary determination of this
investigation is now December 21,
2015.7
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Export prices have been
calculated in accordance with section
772(a) of the Act. Normal value (‘‘NV’’)
is calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
Preliminary Determination
For this preliminary determination,
we have calculated a zero dumping
margin for each individually
investigated producer/exporter of the
subject merchandise. Consistent with
section 733(b)(3) of the Act, we are
disregarding these rates and
4 See
Initiation Notice, 80 FR at 37229.
Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain
Corrosion-Resistant Steel Products From the
People’s Republic of China, India, Italy, the
Republic of Korea, and Taiwan: Scope Comments
Decision Memorandum for the Preliminary
Determinations,’’ dated December 21, 2015.
6 See Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea, and Taiwan: Postponement
of Preliminary Determinations of Antidumping Duty
Investigations, 80 FR 61793 (October 14, 2015).
7 Id., 80 FR at 61794.
5 See
E:\FR\FM\04JAN1.SGM
04JAN1
]]>Agencies
[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Notices]
[Pages 69-72]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32759]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-832]
Certain Corrosion-Resistant Steel Products From Italy:
Preliminary Affirmative Determination of Sales at Less Than Fair Value
and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') preliminarily
determines that certain corrosion-resistant steel products
(``corrosion-resistant steel'') from Italy are being, or are likely to
be, sold in the United States at less-than-fair-value (``LTFV''), as
provided in section 733(b) of the Tariff Act of 1930, as amended (the
``Act''). The period of investigation (``POI'') is April 1, 2014,
through March 31, 2015. The estimated weighted-average dumping margins
shown in the ``Preliminary Determination'' section of this notice.
Interested parties are invited to comment on this preliminary
determination.
DATES: Effective Date: January 4, 2016.
FOR FURTHER INFORMATION CONTACT: Julia Hancock or Susan Pulongbarit,
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-
1394 or (202) 482-4031, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on June 30, 2015.\1\ For a complete description of the
events that followed the initiation of this investigation, see the
memorandum that is dated concurrently with this determination and
hereby adopted by this notice.\2\ 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 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 found at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content.
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\1\ See Certain Corrosion-Resistant Steel Products from Italy,
India, the People's Republic of China, the Republic of Korea, and
Taiwan: Initiation of Less-Than-Fair-Value investigations, 80 FR
37228 (June 30, 2015) (``Initiation Notice'').
\2\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance ``Decision Memorandum for the Preliminary Determination
in the Antidumping Duty Investigation of Certain Corrosion-Resistant
Steel Products from Italy'' (``Preliminary Decision Memorandum''),
dated concurrently with and hereby adopted by this notice.
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Scope of the Investigation
The product covered by this investigation is corrosion-resistant
steel from Italy. For a full description of the scope of this
investigation, see the ``Scope of the Investigation,'' in Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\3\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., ``scope'').\4\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice, as well as additional language
proposed by the Department. For a summary of the product coverage
comments and rebuttal responses submitted to the record for this
preliminary determination, and accompanying discussion and analysis of
all comments timely received, see the Preliminary Scope Decision
Memorandum.\5\ The Department is preliminarily modifying the scope
language as it appeared in the Initiation Notice to clarify that
corrosion-resistant steel which is further processed in a third country
is covered by the scope of the investigation. See ``Scope of the
Investigation,'' in Appendix I, which includes the additional
clarifying language.
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\3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296
(May 19, 1997).
\4\ See Initiation Notice, 80 FR at 37229.
\5\ See Memorandum to Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Certain Corrosion-Resistant Steel Products From the People's
Republic of China, India, Italy, the Republic of Korea, and Taiwan:
Scope Comments Decision Memorandum for the Preliminary
Determinations,'' dated December 21, 2015.
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Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Export prices have been calculated in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in
[[Page 70]]
accordance with section 772(b) of the Act. Normal value (``NV'') is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our preliminary conclusions,
see the Preliminary Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated excluding any zero or de
minimis and margins based entirely under section 776 of the Act.
Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-
average dumping margins established for all exporters and producers
individually examined are zero, de minimis or determined based entirely
under section 776 of the Act, the Department may use any reasonable
method to establish the estimated weighted-average dumping margin for
all other producers or exporters.
Accordingly, because Arvedi is the only respondent in this
investigation for which the Department preliminarily calculated a
company-specific rate which is not zero, de minimis or based entirely
on facts available, pursuant to section 735(c)(5)(A) of the Act, we are
using the weighted-average dumping margin calculated for Arvedi as the
estimated weighted-average dumping margin assigned to all other
producers and exporters of the merchandise under consideration.
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Acciaieria Arvedi S.p.A..................................... 3.11
Marcegaglia S.p.A........................................... 0.00
All-Others.................................................. 3.11
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we are directing
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of
all entries of corrosion-resistant steel from Italy, as described in
the scope of the investigation section entered, or withdrawn from
warehouse, for consumption on or after the date of publication of this
notice in the Federal Register except for those produced and exported
by Marcegaglia. Because the estimated weighted-average dumping margin
for Marcegaglia is zero, we are not directing CBP to suspend
liquidation of entries of the merchandise it produced and exported.
Pursuant to section 733 (d)(1)(B) of the Act and 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 as indicated
in the chart above,\6\ adjusted where appropriate for export
subsidies.\7\ The Department has preliminarily determined in its
companion countervailing duty investigation of corrosion-resistant
steel from Italy that subject merchandise exported by Arvedi and
Marcegaglia did not benefit from export subsidies.\8\ As a result, the
Department will make no adjustment to Arvedi's or Marcegaglia's cash
deposit rates. The rate for all others producers or exporters when
adjusted for export subsidies is 2.96 percent. The suspension of
liquidation instructions will remain in effect until further notice.
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\6\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\7\ 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.
\8\ See Countervailing Duty Investigation of Certain Corrosion-
Resistant Steel Products from Italy: Preliminary Affirmative
Determination, 80 FR 68839 (November 6, 2015).
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Disclosure
We will disclose the calculations performed to interested parties
in this proceeding within five days of the date of the publication of
this notice in accordance with 19 CFR 351.224(b). Interested parties
are invited to comment on this preliminary determination. 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.\9\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
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\9\ See 19 CFR 351.309.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce.
All documents must be filed electronically using ACCESS. An
electronically-filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the
date of publication of this notice.\10\ 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 time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
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\10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the
[[Page 71]]
event of an affirmative preliminary determination, a request for such
postponement is made by exporters who account for a significant
proportion of exports of the subject merchandise, or in the event of a
negative preliminary determination, a request for such postponement is
made by Petitioners. 19 CFR 351.210(e)(2) requires that requests by
respondents for postponement of a final antidumping determination must
be accompanied by a request for extension of provisional measures from
a four-month period to a period not more than six months in duration.
On November 13, 2015, pursuant to sections 735(a)(2)(A) and 705(b)
of the Act, Arvedi and Marcegaglia requested that, contingent upon an
affirmative preliminary determination of sales at LTFV, the Department
postpone the final determination and that provisional measures be
extended to a period not to exceed six months.\11\
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\11\ See Letter to the Secretary of Commerce from Arvedi and
Marcegaglia ``Request for Postponement of Final Determination''
(November 13, 2015).
---------------------------------------------------------------------------
In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination and
extending the provisional measures from a four-month period to a period
not greater than six months. Accordingly, we will make our final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.\12\
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\12\ See also 19 CFR 351.210(e).
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International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we have notified the
ITC of our affirmative preliminary determination of sales at LTFV. If
our final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: December 21, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by the scope 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 metal 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 4.75 mm or more
than 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 for above, and
(2) where the width and thickness vary for a specific period
(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 in 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; (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
1.25 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 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.
Subject merchandise also includes corrosion-resistant 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
investigations if performed in the country of manufacture of the in-
scope corrosion resistant 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:
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
measure at least twice the thickness; and
Certain clad stainless flat-rolled products, which are
three-layered corrosion-resistant steel 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, 7215.20.1500, 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,
[[Page 72]]
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Preliminary Determination of No Critical Circumstances
V. Scope of Investigation
VI. All-Others Rate
VII. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of Differential Pricing Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
A. Comparison Market Viability
B. Affiliated Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of Normal Value Based on Comparison Market Prices
XII. Currency Conversion
XIII. Conclusion
[FR Doc. 2015-32759 Filed 12-31-15; 8:45 am]
BILLING CODE 3510-DS-P
