Certain Corrosion-Resistant Steel Products from Taiwan: Negative Preliminary Determination of Sales at Less Than Fair Value, 72-74 [2015-32761]
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72
Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Notices
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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16:43 Dec 31, 2015
Jkt 238001
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).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
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
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Notices
preliminarily determine that the
individually reviewed mandatory
respondents have not made sales of
subject merchandise at LTFV.
Weightedaverage
dumping
margin
(percent)
Exporter/manufacturer
Prosperity Tieh Enterprise Co., Ltd ...........................................................................................................................................................
Yieh Phui Enterprise Co., Ltd. and Synn Industrial Co., Ltd 8 ..................................................................................................................
Consistent with section 733(d)(1)(A)
of the Act, the Department has not
calculated a weighted-average dumping
margin for all other producers or
exporters because it has not made an
affirmative preliminary determination of
sales at LTFV.
Suspension of Liquidation
Because the Department has not made
an affirmative preliminary
determination of sales at less than fair
value, we are not directing U.S. Customs
and Border Protection to suspend
liquidation of any entries of corrosionresistant steel from Taiwan.
Disclosure and Public Comment
We will disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of 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.
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.
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we are notifying the ITC of our
negative 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
tkelley on DSK3SPTVN1PROD with NOTICES
8 We
have preliminarily determined to collapse
Yieh Phui Enterprise Co., Ltd. with its affiliate Synn
Industrial Co., Ltd. (collectively, ‘‘Yieh Phui’’). See
Memorandum to Erin Begnal, Director, Office III,
‘‘Less Than Fair Value Investigation of Certain
Corrosion-Resistant Steel Products from Taiwan:
Preliminary Affiliation and Collapsing
Memorandum for Yieh Phui Enterprise Co., Ltd.,’’
dated concurrently with this notice.
9 See 19 CFR 351.309.
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16:43 Dec 31, 2015
Jkt 238001
73
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,
10 See
PO 00000
19 CFR 351.310(c).
Frm 00013
Fmt 4703
Sfmt 4703
0.00
0.00
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
E:\FR\FM\04JAN1.SGM
04JAN1
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Notices
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 investigation 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,
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 Critical
Circumstances
V. Affiliation and Collapsing
VI. Scope of the Investigation
VII. Discussion of the Methodology
A. Determination of the Comparison
Method
B. Results of the 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
Antidumping duty proceedings
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 NV Based on ComparisonMarket Prices
XII. Currency Conversion
XIII. Conclusion
[FR Doc. 2015–32761 Filed 12–31–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Advance Notification of
Sunset Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Background
Every five years, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’), the Department of
Commerce (‘‘the Department’’) and the
International Trade Commission
automatically initiate and conduct a
review to determine whether revocation
of a countervailing or antidumping duty
order or termination of an investigation
suspended under section 704 or 734 of
the Act would be likely to lead to
continuation or recurrence of dumping
or a countervailable subsidy (as the case
may be) and of material injury.
Upcoming Sunset Reviews for February
2016
The following Sunset Reviews are
scheduled for initiation in February
2016 and will appear in that month’s
Notice of Initiation of Five-Year Sunset
Review (‘‘Sunset Review’’).
Department contact
Magnesium Metal from China, (A–570–896) (2nd Review) .....................
Porcelain-On-Steel Cooking Ware (A–570–506) (4th Review) ................
David Goldberger (202) 482–4136.
Matthew Renkey (202) 482–2312.
Countervailing duty proceedings
No Sunset Review of countervailing duty orders is scheduled for initiation in February 2016.
Suspended investigations
tkelley on DSK3SPTVN1PROD with NOTICES
No Sunset Review of suspended investigations is scheduled for initiation in February 2016.
The Department’s procedures for the
conduct of Sunset Reviews are set forth
in 19 CFR 351.218. The Notice of
Initiation of Five-Year (‘‘Sunset’’)
Reviews provides further information
regarding what is required of all parties
to participate in Sunset Reviews.
VerDate Sep<11>2014
16:43 Dec 31, 2015
Jkt 238001
Pursuant to 19 CFR 351.103(c), the
Department will maintain and make
available a service list for these
proceedings. To facilitate the timely
preparation of the service list(s), it is
requested that those seeking recognition
as interested parties to a proceeding
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
contact the Department in writing
within 10 days of the publication of the
Notice of Initiation.
Please note that if the Department
receives a Notice of Intent to Participate
from a member of the domestic industry
within 15 days of the date of initiation,
E:\FR\FM\04JAN1.SGM
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Agencies
[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Notices]
[Pages 72-74]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32761]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-856]
Certain Corrosion-Resistant Steel Products from Taiwan: Negative
Preliminary Determination of Sales at Less Than Fair Value
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 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.
DATES: Effective date: January 4, 2016.
FOR FURTHER INFORMATION CONTACT: Andrew Medley, Paul Stolz, or Shanah
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
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Scope of the Investigation
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.
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.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (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.
---------------------------------------------------------------------------
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 41-day postponement, the revised
deadline for the preliminary determination of this investigation is now
December 21, 2015.\7\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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
[[Page 73]]
preliminarily determine that the individually reviewed mandatory
respondents have not made sales of subject merchandise at LTFV.
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd......................... 0.00
Yieh Phui Enterprise Co., Ltd. and Synn Industrial Co., Ltd 0.00
\8\........................................................
------------------------------------------------------------------------
Consistent with section 733(d)(1)(A) of the Act, the Department has
not calculated a weighted-average dumping margin for all other
producers or exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
---------------------------------------------------------------------------
\8\ We have preliminarily determined to collapse Yieh Phui
Enterprise Co., Ltd. with its affiliate Synn Industrial Co., Ltd.
(collectively, ``Yieh Phui''). See Memorandum to Erin Begnal,
Director, Office III, ``Less Than Fair Value Investigation of
Certain Corrosion-Resistant Steel Products from Taiwan: Preliminary
Affiliation and Collapsing Memorandum for Yieh Phui Enterprise Co.,
Ltd.,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Suspension of Liquidation
Because the Department has not made an affirmative preliminary
determination of sales at less than fair value, we are not directing
U.S. Customs and Border Protection to suspend liquidation of any
entries of corrosion-resistant steel from Taiwan.
Disclosure and Public Comment
We will disclose the calculations performed to interested parties
in this proceeding within five days of the date of 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.
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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
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\10\ See 19 CFR 351.310(c).
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As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we are notifying the
ITC of our negative 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
[[Page 74]]
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
investigation 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,
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 Critical Circumstances
V. Affiliation and Collapsing
VI. Scope of the Investigation
VII. Discussion of the Methodology
A. Determination of the Comparison Method
B. Results of the 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 NV Based on Comparison-Market Prices
XII. Currency Conversion
XIII. Conclusion
[FR Doc. 2015-32761 Filed 12-31-15; 8:45 am]
BILLING CODE 3510-DS-P