Certain Corrosion-Resistant Steel Products From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75-78 [2015-32763]
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Notices
the review will continue. Thereafter,
any interested party wishing to
participate in the Sunset Review must
provide substantive comments in
response to the notice of initiation no
later than 30 days after the date of
initiation.
This notice is not required by statute
but is published as a service to the
international trading community.
Dated: December 22, 2015.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2015–33054 Filed 12–31–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–026]
Certain Corrosion-Resistant Steel
Products From the People’s Republic
of China: 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 People’s
Republic of China (PRC) 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 October
1, 2014, through March 31, 2015. The
estimated weighted-average dumping
margins are shown in the ‘‘Preliminary
Determination’’ section of this notice.
Interested parties are invited to
comment on this preliminary
determination.
AGENCY:
DATES:
Effective Date: January 4, 2016.
tkelley on DSK3SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Nancy Decker or Andrew Huston, 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)
482–0196 or (202) 482–4261,
respectively.
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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 Preliminary
Decision 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.
Scope of the Investigation
The product covered by this
investigation is corrosion-resistant steel
from the PRC. 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
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 the
People’s Republic of China’’ (Preliminary Decision
Memorandum), dated concurrently with and hereby
adopted by this notice.
3 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice, 80 FR at 37229.
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75
scope of the investigation as it appeared
in the Initiation Notice, as well as
additional language proposed by the
Department. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.5 The
Department is preliminarily modifying
the scope language as it appeared in the
Initiation Notice to clarify that
corrosion-resistant steel which is further
processed in a third country is covered
by the scope of the investigation. See
‘‘Scope of the Investigation,’’ in
Appendix I, which includes the
additional clarifying language.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Export prices have been
calculated in accordance with section
772(a) of the Act. Because the PRC is a
non-market economy within the
meaning of section 771(18) of the Act,
we calculated normal value (NV) in
accordance with section 773(c) of the
Act. For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice, the
Department stated that it would
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.6
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
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.
6 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries,’’ (April 5, 2005) (Policy
Bulletin 05.1), available on the Department’s Web
site at https://enforcement.trade.gov/policy/bull051.pdf.
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Federal Register / Vol. 81, No. 1 / Monday, January 4, 2016 / Notices
Weightedaverage
dumping
margin
(percent)
Exporter
Producer
Yieh Phui (China) Technomaterial Co., Ltd ...................................
Jiangyin Zongcheng Steel Co. Ltd .................................................
Union Steel China ..........................................................................
PRC-Wide Entity ............................................................................
Yieh Phui (China) Technomaterial Co., Ltd .................................
Jiangyin Zongcheng Steel Co. Ltd ...............................................
Union Steel China .........................................................................
.......................................................................................................
As detailed in the Preliminary
Decision Memorandum, Baoshan Iron &
Steel Co., Ltd. (Baoshan) and Hebei Iron
& Steel Co., Ltd. (Tangshan Branch)
(Tangshan), mandatory respondents in
this investigation, did not respond to
our questionnaire and, thus, did
demonstrate that they were entitled to
separate rates. Accordingly, we consider
Baoshan and Tangshan to be part of the
PRC-Wide Entity. Furthermore, because
we did not receive quantity and value
questionnaire responses or separate rate
applications from numerous companies,
the PRC-wide entity also includes these
non-responsive companies.7
tkelley on DSK3SPTVN1PROD with NOTICES
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 corrosionresistant steel from the PRC 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.
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
November 5, 2015, we preliminarily
found that critical circumstances exist
for imports of corrosion-resistant steel
from the PRC produced or exported by
the PRC-wide entity (which, as noted
above, includes Tangshan and
Baoshan).8 Accordingly, for the PRCwide entity, in accordance with section
733(e)(2)(A) of the Act, the suspension
of liquidation shall apply to
7 See Memorandum to the File, ‘‘Quantity and
Value Questionnaire Recipients’’ (July 16, 2015).
8 See Antidumping and Countervailing Duty
Investigations of Corrosion-Resistant Steel Products
From India, Italy, the People’s Republic of China,
the Republic of Korea, and Taiwan: Preliminary
Determinations of Critical Circumstances, 80 FR
68504, 68507 (November 5, 2015).
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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.
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 9 equal to the weightedaverage amount by which the NV
exceeds U.S. price as follows: (1) The
cash deposit rate for the exporter/
producer combination listed in the table
above will be the rate identified for that
combination in the table; (2) for all
combinations of PRC exporters/
producers of merchandise under
consideration that have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
established for the PRC-wide entity,
255.80 percent; and (3) for all non-PRC
exporters of the merchandise under
consideration which have not received
their own separate rate above, the cashdeposit rate will be the cash deposit rate
applicable to the PRC exporter/producer
combination that supplied that non-PRC
exporter. These suspension of
liquidation instructions will remain in
effect until further notice.
We normally adjust antidumping duty
cash deposit rates by the amount of
export subsidies, where appropriate. In
the companion CVD investigation, we
preliminarily found that Yieh Phui did
not receive export subsidies. The rate
for all-others companies in the CVD case
was based on Yieh Phui’s rate, and thus
the all-others companies did not receive
an export subsidy rate.10 Therefore, no
offset to Yieh Phui’s or the Separate
Rate entities’ (these companies were
considered ‘‘all-others’’ companies in
the companion CVD case) cash deposit
rates for export subsidies is necessary.
Finally, we are not adjusting the cash
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 Countervailing Duty Investigation of
Certain Corrosion-Resistant Steel Products From the
People’s Republic of China: Preliminary Affirmative
Determination, 80 FR 68843 (November 6, 2015)
and accompanying Preliminary Decision
Memorandum.
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255.80
255.80
255.80
255.80
deposit rate applicable to the PRC-wide
entity for export subsidies.11
Pursuant to section 777A(f) of the Act,
we normally adjust preliminary cash
deposit rates for estimated domestic
subsidy pass-through, where
appropriate. However, in this case we
are not granting a domestic subsidy
pass-through adjustment. See
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 announcement of this preliminary
determination in accordance with 19
CFR 351.224(b). Interested parties may
submit case briefs, rebuttal briefs, and
hearing requests.12 For a schedule of the
deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the
Preliminary Decision Memorandum at
Section IX.
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), Yieh Phui
(China) Technomaterial Co., Ltd.
requested that, contingent upon an
affirmative preliminary determination of
sales at LTFV, the Department postpone
the final determination and that
11 Id.
12 See
E:\FR\FM\04JAN1.SGM
19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
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provisional measures be extended to a
period not to exceed six months.13
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.14
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we will notify 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
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
13 See Letter to the Secretary of Commerce from
Yieh Phui ‘‘Corrosion-Resistant Steel Products from
China; Request to Extend Final Determination’’
(December 16, 2015).
14 See also 19 CFR 351.210(e).
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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 investigation if performed in
the country of manufacture of the in-scope
corrosion resistant steel.
All products that meet the written physical
description, and in which the chemistry
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77
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. Discussion of the Methodology
a. Non-Market Economy Country
b. Surrogate Country and Surrogate Values
Comments
c. Separate Rates
d. The PRC-Wide Entity
e. Application of Facts Available and
Adverse Inferences
f. Date of Sale
g. Comparisons to Fair Value
VII. Currency Conversion
VIII. Adjustment under Section 777A(F) of
the Act
IX. Disclosure and Public Comment
X. Verification
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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.
E:\FR\FM\04JAN1.SGM
04JAN1
]]>Agencies
[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Notices]
[Pages 75-78]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32763]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-026]
Certain Corrosion-Resistant Steel Products From the People's
Republic of China: 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 People's Republic of China (PRC) 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 October 1,
2014, through March 31, 2015. The estimated weighted-average dumping
margins 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: Nancy Decker or Andrew Huston, 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-
0196 or (202) 482-4261, 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
Preliminary Decision 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 the People's Republic of China'' (Preliminary
Decision Memorandum), dated concurrently with and hereby adopted by
this notice.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is corrosion-resistant
steel from the PRC. 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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Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Export prices have been calculated in
accordance with section 772(a) of the Act. Because the PRC is a non-
market economy within the meaning of section 771(18) of the Act, we
calculated normal value (NV) in accordance with section 773(c) of the
Act. For a full description of the methodology underlying our
preliminary conclusions, see the Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation. Policy Bulletin 05.1 describes
this practice.\6\
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\6\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available on
the Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
[[Page 76]]
------------------------------------------------------------------------
Weighted-
average
Exporter Producer dumping
margin
(percent)
------------------------------------------------------------------------
Yieh Phui (China) Technomaterial Yieh Phui (China) 255.80
Co., Ltd. Technomaterial Co., Ltd.
Jiangyin Zongcheng Steel Co. Ltd. Jiangyin Zongcheng Steel 255.80
Co. Ltd.
Union Steel China................ Union Steel China........ 255.80
PRC-Wide Entity.................. ......................... 255.80
------------------------------------------------------------------------
As detailed in the Preliminary Decision Memorandum, Baoshan Iron &
Steel Co., Ltd. (Baoshan) and Hebei Iron & Steel Co., Ltd. (Tangshan
Branch) (Tangshan), mandatory respondents in this investigation, did
not respond to our questionnaire and, thus, did demonstrate that they
were entitled to separate rates. Accordingly, we consider Baoshan and
Tangshan to be part of the PRC-Wide Entity. Furthermore, because we did
not receive quantity and value questionnaire responses or separate rate
applications from numerous companies, the PRC-wide entity also includes
these non-responsive companies.\7\
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\7\ See Memorandum to the File, ``Quantity and Value
Questionnaire Recipients'' (July 16, 2015).
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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 the PRC 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.
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 November 5, 2015, we
preliminarily found that critical circumstances exist for imports of
corrosion-resistant steel from the PRC produced or exported by the PRC-
wide entity (which, as noted above, includes Tangshan and Baoshan).\8\
Accordingly, for the PRC-wide entity, in accordance with section
733(e)(2)(A) of the Act, the suspension of liquidation 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.
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\8\ See Antidumping and Countervailing Duty Investigations of
Corrosion-Resistant Steel Products From India, Italy, the People's
Republic of China, the Republic of Korea, and Taiwan: Preliminary
Determinations of Critical Circumstances, 80 FR 68504, 68507
(November 5, 2015).
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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 \9\ equal to
the weighted-average amount by which the NV exceeds U.S. price as
follows: (1) The cash deposit rate for the exporter/producer
combination listed in the table above will be the rate identified for
that combination in the table; (2) for all combinations of PRC
exporters/producers of merchandise under consideration that have not
received their own separate rate above, the cash-deposit rate will be
the cash deposit rate established for the PRC-wide entity, 255.80
percent; and (3) for all non-PRC exporters of the merchandise under
consideration which have not received their own separate rate above,
the cash-deposit rate will be the cash deposit rate applicable to the
PRC exporter/producer combination that supplied that non-PRC exporter.
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).
---------------------------------------------------------------------------
We normally adjust antidumping duty cash deposit rates by the
amount of export subsidies, where appropriate. In the companion CVD
investigation, we preliminarily found that Yieh Phui did not receive
export subsidies. The rate for all-others companies in the CVD case was
based on Yieh Phui's rate, and thus the all-others companies did not
receive an export subsidy rate.\10\ Therefore, no offset to Yieh Phui's
or the Separate Rate entities' (these companies were considered ``all-
others'' companies in the companion CVD case) cash deposit rates for
export subsidies is necessary. Finally, we are not adjusting the cash
deposit rate applicable to the PRC-wide entity for export
subsidies.\11\
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\10\ See Countervailing Duty Investigation of Certain Corrosion-
Resistant Steel Products From the People's Republic of China:
Preliminary Affirmative Determination, 80 FR 68843 (November 6,
2015) and accompanying Preliminary Decision Memorandum.
\11\ Id.
---------------------------------------------------------------------------
Pursuant to section 777A(f) of the Act, we normally adjust
preliminary cash deposit rates for estimated domestic subsidy pass-
through, where appropriate. However, in this case we are not granting a
domestic subsidy pass-through adjustment. See 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 announcement of this
preliminary determination in accordance with 19 CFR 351.224(b).
Interested parties may submit case briefs, rebuttal briefs, and hearing
requests.\12\ For a schedule of the deadlines for filing case briefs,
rebuttal briefs, and hearing requests, see the Preliminary Decision
Memorandum at Section IX.
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\12\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
---------------------------------------------------------------------------
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), Yieh
Phui (China) Technomaterial Co., Ltd. requested that, contingent upon
an affirmative preliminary determination of sales at LTFV, the
Department postpone the final determination and that
[[Page 77]]
provisional measures be extended to a period not to exceed six
months.\13\
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\13\ See Letter to the Secretary of Commerce from Yieh Phui
``Corrosion-Resistant Steel Products from China; Request to Extend
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.\14\
---------------------------------------------------------------------------
\14\ 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 will notify 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
investigation if performed in the country of manufacture of the in-
scope corrosion resistant steel.
All products that meet the written physical description, and in
which the chemistry quantities do not exceed any one of the noted
element levels listed above, are within the scope of this
investigation unless specifically excluded. The following products
are outside of and/or specifically excluded from the scope of this
investigation:
Flat-rolled steel products either plated or coated with
tin, lead, chromium, chromium oxides, both tin and lead (terne
plate), or both chromium and chromium oxides (tin free steel),
whether or not painted, varnished or coated with plastics or other
non-metallic substances in addition to the metallic coating;
Clad products in straight lengths of 4.7625 mm or more
in composite thickness and of a width which exceeds 150 mm and
measure at least twice the thickness; and
Certain clad stainless flat-rolled products, which are
three-layered corrosion-resistant steel flat-rolled steel products
less than 4.75 mm in composite thickness that consist of a flat-
rolled steel product clad on both sides with stainless steel in a
20%-60%-20% ratio.
The products subject to the investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030, 7210.49.0091, 7210.49.0095,
7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000, 7212.50.0000, and 7212.60.0000.
The products subject to the investigation may also enter under
the following HTSUS item numbers: 7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.20.1500, 7217.30.1530, 7217.30.1560,
7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090,
7225.91.0000, 7225.92.0000, 7225.99.0090, 7226.99.0110,
7226.99.0130, 7226.99.0180, 7228.60.6000, 7228.60.8000, and
7229.90.1000.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
Appendix II--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Preliminary Determination of Critical Circumstances
V. Scope of the Investigation
VI. Discussion of the Methodology
a. Non-Market Economy Country
b. Surrogate Country and Surrogate Values Comments
c. Separate Rates
d. The PRC-Wide Entity
e. Application of Facts Available and Adverse Inferences
f. Date of Sale
g. Comparisons to Fair Value
VII. Currency Conversion
VIII. Adjustment under Section 777A(F) of the Act
IX. Disclosure and Public Comment
X. Verification
[[Page 78]]
XI. Conclusion
[FR Doc. 2015-32763 Filed 12-31-15; 8:45 am]
BILLING CODE 3510-DS-P
