Certain Corrosion-Resistant Steel Products From the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 78-81 [2015-32762]
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Notices
XI. Conclusion
[FR Doc. 2015–32763 Filed 12–31–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–878]
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Affirmative Preliminary 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 the Republic of
Korea (Korea) 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 of
sales at LTFV are 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.
Elfi
Blum or Lingjun Wang, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0197 or (202) 482–
2316, respectively.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
Background
tkelley on DSK3SPTVN1PROD with NOTICES
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
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
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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.
Scope of the Investigation
The product covered by this
investigation is corrosion-resistant steel
from Korea. 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
the Antidumping Duty Investigation of Certain
Corrosion-Resistant Steel Products from Korea’’
(‘‘Preliminary Decision Memorandum’’), dated
concurrently with this notice.
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.
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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 (‘‘EP’’)
have been calculated in accordance with
section 772(a) of the Act. Constructed
export prices (‘‘CEP’’) have been
calculated in 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
Consistent with sections
733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an
estimated all-others rate. Section
735(c)(5)(B) 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 and de
minimis margins, and any margins
determined entirely under section 776
of the Act. Where the rates for
investigated companies are zero or de
minimis, or based entirely on facts
othervwise available, section
705(c)(5)(A)(ii) of the Act instructs the
Department to establish an ‘‘all others’’
rate using ‘‘any reasonable method.’’
In this investigation, we calculated
weighted-average dumping margins for
Hyundai Steel Company (Hyundai) and
Dongkuk Steel Mill Co., Ltd./Union
Steel Manufacturing Co., Ltd. (Dongkuk/
Union), that are above de minimis and
which are not based on total facts
available. We calculated the all-others
rate using a simple average of the
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 See id.
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Notices
to unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date
Preliminary Determination
which is 90 days before the publication
The Department preliminarily
of this notice, the date suspension of
determines that the following dumping
liquidation is first ordered. Because we
margins exist:
find critical circumstances do not exist
for Dongkuk/Union, we will begin
Dumping
suspension of liquidation for such firm
Exporter/manufacturer
margins
on the date of publication of this notice
(percent)
in the Federal Register.
Dongkuk Steel Mill Co., Ltd./
Pursuant to section 733 (d)(1)(B) of
Union Steel Manufacturing
the Act and 19 CFR 351.205(d), the
Co., Ltd ...................................
2.99 Department will instruct CBP to require
Hyundai Steel Company .............
3.51 a cash deposit equal to the weightedAll Others ....................................
3.25
average amount by which the NV
exceeds U.S. price as indicated in the
Suspension of Liquidation
chart above,9 adjusted where
In accordance with section 733(d)(2)
appropriate for export subsidies,10 as
of the Act, we will direct U.S. Customs
follows: (1) The rate for Hyundai and
and Border Protection (‘‘CBP’’) to
the ‘‘all others’’ producers or exporters,
suspend liquidation of all entries of
when adjusted for export subsidies, is
corrosion-resistant steel from Korea as
3.50 and 3.24 (adjusted by 0.01%)
described in the scope of the
percent, respectively; (2) as Dongkuk/
investigation section entered, or
Union did not receive export subsidies
withdrawn from warehouse, for
in the accompanying CVD investigation,
consumption on or after the date of
we did not make an adjustment to
publication of this notice in the Federal Dongkuk/Union’s weighted-average
Register, except for Hyundai ’’ as
dumping margin.11 These suspension of
described below. Section 733(e)(2) of
liquidation instructions will remain in
the Act provides that, given an
effect until further notice.
affirmative determination of critical
Disclosure and Public Comment
circumstances, any suspension of
liquidation shall apply to unliquidated
We will disclose the calculations
entries of merchandise entered, or
performed to interested parties in this
withdrawn from warehouse, for
proceeding within five days of the date
consumption on or after the later of (a)
of publication of this notice in
the date which is 90 days before the
accordance with 19 CFR 351.224(b).
date on which the suspension of
Interested parties are invited to
liquidation was first ordered, or (b) the
comment on this preliminary
date on which notice of initiation of the determination. Case briefs or other
investigation was published. On
written comments may be submitted to
October 29, 2015, we preliminarily
the Assistant Secretary for Enforcement
found that critical circumstances exist
and Compliance no later than seven
for imports exported by Hyundai and
days after the date on which the final
‘‘all others.’’ For Hyundai and ‘‘all
verification report is issued in this
others’’, in accordance with section
proceeding, and rebuttal briefs, limited
733(e)(2)(A) of the Act, suspension of
to issues raised in case briefs, may be
liquidation of corrosion-resistant steel
submitted no later than five days after
from Korea, as described in the ‘‘Scope
of the Investigation’’ section, shall apply
9 See Modification of Regulations Regarding the
dumping margins calculated for the
mandatory respondents.8
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8 With
two respondents, we would normally
calculate (A) a weighted-average of the dumping
margins calculated for the mandatory respondents;
(B) a simple average of the dumping margins
calculated for the mandatory respondents; and (C)
a weighted-average of the dumping margins
calculated for the mandatory respondents using
each company’s publicly-ranged values for the
merchandise under consideration. We would
compare (B) and (C) to (A) and select the rate closest
to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof
From France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
As complete publicly ranged sales data was
unavailable, we based the all-others rate on a
simple average of the two calculated margins.
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Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
10 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.
11 See Countervailing Duty Investigation of
Certain Corrosion-Resistant Steel Products From the
Republic of Korea: Preliminary Affirmative
Determination, 80 FR 68842 (November 6, 2015),
and accompanying Preliminary Decision
Memorandum.
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79
the deadline date for case briefs.12
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.13 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
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 be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
On December 16, 2015, pursuant to 19
CFR 351.210(b) and (e), Dongkuk/Union
requested that, contingent upon an
affirmative preliminary determination of
12 See
13 See
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19 CFR 351.309.
19 CFR 351.310(c).
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Notices
sales at LTFV for the respondents, the
Department postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.14
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.15
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we are notifying 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.
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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
14 See Letter to the Secretary of Commerce from
Dongkuk/Union ‘‘Certain Corrosion-Resistant Steel
Products from the Republic of Korea: Request for
Postponement of the Final Determination’’
(December 16, 2015).
15 See also 19 CFR 351.210(e).
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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
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
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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. Scope of the Investigation
VI. Successor-In-Interest Analysis
A. Dongkuk/Union
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
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B. Affiliated-Party Transactions and
Arm’s-Length Test
C. Level of Trade
D. Cost of Production Analysis
E. Calculation of NV Based on Comparison
Market Prices
XII. Currency Conversions
XIII. Conclusion
[FR Doc. 2015–32762 Filed 12–31–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Science Advisory Board
Office of Oceanic and
Atmospheric Research (OAR), National
Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice of public meeting.
AGENCY:
This notice sets forth the
schedule and proposed agenda of a
forthcoming meeting of the NOAA
Science Advisory Board. The members
will discuss and provide advice on
issues outlined in the section on Matters
to be considered.
DATES: Time and Date: The meeting is
scheduled for January 28, 2016 from
1:00 p.m. to 4:00 p.m. Eastern Standard
Time.
ADDRESSES: Conference call. Public
access is available at: NOAA, SSMC 3,
Room 11836, 1315 East-West Highway,
Silver Spring, MD. Members of the
public will not be able to dial in to this
meeting.
Status: The meeting will be open to
public participation with a 5-minute
public comment period from 3:50 p.m.
Eastern Standard Time. The SAB
expects that public statements presented
at its meetings will not be repetitive of
previously submitted verbal or written
statements. In general, each individual
or group making a verbal presentation
will be limited to a total time of one
minute. Written comments should be
received in the SAB Executive Director’s
Office by January 21 to provide
sufficient time for SAB review. Written
comments received by the SAB
Executive Director after January 21, will
be distributed to the SAB, but may not
be reviewed prior to the meeting date.
Special Accommodations: These
meetings are physically accessible to
people with disabilities. Requests for
special accommodations may be
directed no later than 12 p.m. on
January 21, to Dr. Elizabeth Turner,
Acting SAB Executive Director, NOAA,
Room 146 Gregg Hall, 35 Colovos Road,
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SUMMARY:
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16:43 Dec 31, 2015
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Durham, NH 03824; email:
Elizabeth.Turner@noaa.gov.
The
NOAA Science Advisory Board (SAB)
was established by a Decision
Memorandum dated September 25,
1997, and is the only Federal Advisory
Committee with responsibility to advise
the Under Secretary of Commerce for
Oceans and Atmosphere on strategies
for research, education, and application
of science to operations and information
services. SAB activities and advice
provide necessary input to ensure that
National Oceanic and Atmospheric
Administration (NOAA) science
programs are of the highest quality and
provide optimal support to resource
management.
Matters To Be Considered: The
meeting will include the following
topics: (1) Report from the
Environmental Information Services
Working Group on a Review of the
NOAA Partnership Policy; (2)
Discussion of Ways to Optimize SAB
and Working Group Operations and
Working Group staff support from the
Line Offices and (3) Continued
Discussion of Strategic Advice to NOAA
and Impact on SAB Operations. For the
latest agenda, please visit the SAB Web
site at https://www.sab.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Dr.
Elizabeth Turner Acting Executive
Director, Science Advisory Board,
NOAA, Room 146 Gregg Hall, 35
Colovos Road, Durham, NH 03824.
Email: Elizabeth.Turner@noaa.gov; or
visit the NOAA SAB Web site at https://
www.sab.noaa.gov.
SUPPLEMENTARY INFORMATION:
Dated: December 21, 2015.
Jason Donaldson,
Chief Financial Officer and Chief
Administrative Officer, Office of Oceanic and
Atmospheric Research, National Oceanic and
Atmospheric Administration.
[FR Doc. 2015–32928 Filed 12–31–15; 8:45 am]
BILLING CODE 3510–KD–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE381
Pacific Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting
(webinar).
AGENCY:
The Pacific Fishery
Management Council (Pacific Council)
SUMMARY:
PO 00000
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81
will convene a joint webinar meeting of
its Ad Hoc Trawl Groundfish Electronic
Monitoring Policy Advisory Committee
(GEMPAC) and Groundfish Electronic
Monitoring Technical Advisory
Committee (GEMTAC), which is open to
the public.
DATES: The webinar meeting will be
held January 20 and March 2, 2016,
from 8:30 a.m. until the earlier of 5 p.m.
(Pacific Daylight Time) or when
business for each day has been
completed.
ADDRESSES: To attend the webinar, visit:
https://www.gotomeeting.com/online/
webinar/join-webinar. Enter the
Webinar ID, which is 125–796–547, and
your name and email address (required).
Participants are encouraged to use their
telephone, as this is the best practice to
avoid technical issues and excessive
feedback (see the PFMC GoToMeeting
Audio Diagram at https://
www.pcouncil.org/wp-content/uploads/
PFMC_Audio_Diagram_
GoToMeeting.pdf for best practices).
Please use your telephone for the audio
portion of the meeting by dialing this
TOLL number 1+ (213) 929–4212 (not a
toll-free number); then enter the
Attendee phone audio access code: 998–
723–935; then enter your audio phone
pin (shown after joining the webinar).
System Requirements for PC-based
attendees: Required: Windows® 7, Vista,
or XP; for Mac®-based attendees:
Required: Mac OS® X 10.5 or newer;
and for mobile attendees: iPhone®,
iPad®, AndroidTM phone or Android
tablet (See the GoToMeeting Webinar
Apps).
You may send an email to
kris.kleinschmidt@noaa.gov or contact
him at (503) 820–2280, extension 425
for technical assistance. A public
listening station will be available at the
Pacific Council office.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220.
FOR FURTHER INFORMATION CONTACT: Mr.
Brett Wiedoff, Staff Officer, Pacific
Council; telephone: (503) 820–2280.
SUPPLEMENTARY INFORMATION: The
primary purpose of the meeting is to
discuss draft regulations that would
implement the Pacific Council’s
electronic monitoring policies for the
limited entry groundfish midwater trawl
whiting fishery, and the limited entry
fixed gear fishery fishing under the nontrawl shorebased individual fishing
quota program.
Action will be restricted to those
issues specifically listed in this notice
and any issues arising after publication
of this notice that require emergency
E:\FR\FM\04JAN1.SGM
04JAN1
]]>Agencies
[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Notices]
[Pages 78-81]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32762]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-878]
Certain Corrosion-Resistant Steel Products From the Republic of
Korea: Affirmative Preliminary 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 the Republic of Korea (Korea) 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 of sales at LTFV are 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: Elfi Blum or Lingjun Wang, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0197 or (202) 482-2316, 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.
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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 Korea'' (``Preliminary Decision Memorandum''),
dated concurrently with this notice.
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Scope of the Investigation
The product covered by this investigation is corrosion-resistant
steel from Korea. 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,
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.
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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\
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\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\ See id.
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Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Export prices (``EP'') have been calculated in
accordance with section 772(a) of the Act. Constructed export prices
(``CEP'') have been calculated in 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
Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an estimated all-others rate. Section
735(c)(5)(B) 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 and de minimis
margins, and any margins determined entirely under section 776 of the
Act. Where the rates for investigated companies are zero or de minimis,
or based entirely on facts othervwise available, section
705(c)(5)(A)(ii) of the Act instructs the Department to establish an
``all others'' rate using ``any reasonable method.''
In this investigation, we calculated weighted-average dumping
margins for Hyundai Steel Company (Hyundai) and Dongkuk Steel Mill Co.,
Ltd./Union Steel Manufacturing Co., Ltd. (Dongkuk/Union), that are
above de minimis and which are not based on total facts available. We
calculated the all-others rate using a simple average of the
[[Page 79]]
dumping margins calculated for the mandatory respondents.\8\
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\8\ With two respondents, we would normally calculate (A) a
weighted-average of the dumping margins calculated for the mandatory
respondents; (B) a simple average of the dumping margins calculated
for the mandatory respondents; and (C) a weighted-average of the
dumping margins calculated for the mandatory respondents using each
company's publicly-ranged values for the merchandise under
consideration. We would compare (B) and (C) to (A) and select the
rate closest to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
unavailable, we based the all-others rate on a simple average of the
two calculated margins.
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Preliminary Determination
The Department preliminarily determines that the following dumping
margins exist:
------------------------------------------------------------------------
Dumping
Exporter/manufacturer margins
(percent)
------------------------------------------------------------------------
Dongkuk Steel Mill Co., Ltd./Union Steel Manufacturing Co., 2.99
Ltd........................................................
Hyundai Steel Company....................................... 3.51
All Others.................................................. 3.25
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of
all entries of corrosion-resistant steel from Korea 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 Hyundai '' as described
below. Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. On October 29, 2015, we
preliminarily found that critical circumstances exist for imports
exported by Hyundai and ``all others.'' For Hyundai and ``all others'',
in accordance with section 733(e)(2)(A) of the Act, suspension of
liquidation of corrosion-resistant steel from Korea, as described in
the ``Scope of the Investigation'' section, shall apply to unliquidated
entries of merchandise entered, or withdrawn from warehouse, for
consumption on or after the date which is 90 days before the
publication of this notice, the date suspension of liquidation is first
ordered. Because we find critical circumstances do not exist for
Dongkuk/Union, we will begin suspension of liquidation for such firm on
the date of publication of this notice in the Federal Register.
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,\9\ adjusted where appropriate for export
subsidies,\10\ as follows: (1) The rate for Hyundai and the ``all
others'' producers or exporters, when adjusted for export subsidies, is
3.50 and 3.24 (adjusted by 0.01%) percent, respectively; (2) as
Dongkuk/Union did not receive export subsidies in the accompanying CVD
investigation, we did not make an adjustment to Dongkuk/Union's
weighted-average dumping margin.\11\ These suspension of liquidation
instructions will remain in effect until further notice.
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\9\ 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).
\10\ 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.
\11\ See Countervailing Duty Investigation of Certain Corrosion-
Resistant Steel Products From the Republic of Korea: Preliminary
Affirmative Determination, 80 FR 68842 (November 6, 2015), and
accompanying Preliminary Decision Memorandum.
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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.\12\ 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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\12\ 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.\13\ 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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\13\ See 19 CFR 351.310(c).
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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 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 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 December 16, 2015, pursuant to 19 CFR 351.210(b) and (e),
Dongkuk/Union requested that, contingent upon an affirmative
preliminary determination of
[[Page 80]]
sales at LTFV for the respondents, the Department postpone the final
determination and that provisional measures be extended to a period not
to exceed six months.\14\
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\14\ See Letter to the Secretary of Commerce from Dongkuk/Union
``Certain Corrosion-Resistant Steel Products from the Republic of
Korea: Request for Postponement of the Final Determination''
(December 16, 2015).
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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.\15\
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\15\ 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 are notifying 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,
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. Scope of the Investigation
VI. Successor-In-Interest Analysis
A. Dongkuk/Union
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
[[Page 81]]
B. Affiliated-Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
E. Calculation of NV Based on Comparison Market Prices
XII. Currency Conversions
XIII. Conclusion
[FR Doc. 2015-32762 Filed 12-31-15; 8:45 am]
BILLING CODE 3510-DS-P
