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]

Download as PDF 78 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 VerDate Sep<11>2014 16:43 Dec 31, 2015 Jkt 238001 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 http://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. PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 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. E:\FR\FM\04JAN1.SGM 04JAN1 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 tkelley on DSK3SPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 16:43 Dec 31, 2015 Jkt 238001 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. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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 E:\FR\FM\04JAN1.SGM 19 CFR 351.309. 19 CFR 351.310(c). 04JAN1 80 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. tkelley on DSK3SPTVN1PROD with NOTICES 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). VerDate Sep<11>2014 16:43 Dec 31, 2015 Jkt 238001 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 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 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 E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Notices 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, tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:43 Dec 31, 2015 Jkt 238001 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 http://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 http:// 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 Frm 00021 Fmt 4703 Sfmt 4703 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: http://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 http:// 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

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[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 http://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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.309.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce. 
All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the 
date of publication of this notice.\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.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

Verification

    As provided in section 782(i) of the Act, we intend to verify 
information relied upon in making our final determination.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the 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).
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

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