Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Preliminary Negative Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 2172-2174 [2016-00750]
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Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices
the date of publication of notice of
initiation of the requested review.’’
Because the petitioners withdrew their
review request in a timely manner, and
because no other party requested a
review of these companies, we are
rescinding the administrative review in
part with respect to the aforementioned
44 companies.
Assessment
The Department will instruct U.S.
Customs and Border Protection (CBP) to
assess antidumping duties on all
appropriate entries. For the
aforementioned companies, for which
the review is rescinded, antidumping
duties shall be assessed at rates equal to
the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i). The Department
intends to issue appropriate assessment
instructions to CBP within 15 days after
publication of this notice.
Notifications to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement may
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–884]
Countervailing Duty Investigation of
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea:
Preliminary Negative Determination
and Alignment of Final Determination
With Final Antidumping Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) preliminarily
determines that de minimis
countervailable subsidies are being
provided to producers/exporters of
certain hot-rolled steel flat products
(‘‘hot-rolled steel’’) from the Republic of
Korea (‘‘Korea’’). The period of
investigation is January 1, 2014, through
December 31, 2014. We invite interested
parties to comment on this preliminary
determination.
DATES: Effective date: January 15, 2016.
FOR FURTHER INFORMATION CONTACT:
Katie Marksberry or Bob Palmer, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–7906 or (202) 482–
9068, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO, in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act and 19 CFR
351.213(d)(4).
Scope of the Investigation
The products covered by this
investigation are certain hot-rolled steel
flat products from Korea. For a complete
description of the scope of this
investigation, see Appendix II.
Methodology
The Department is conducting this
countervailing duty (‘‘CVD’’)
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the ‘‘Act’’). For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.1 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
I to this notice. The Preliminary
Dated: January 8, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2016–00619 Filed 1–14–16; 8:45 am]
BILLING CODE 3510–DS–P
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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 is available 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 accessed
directly at https://enforcement.trade.gov/
frn/. The signed Preliminary Decision
Memorandum and the electronic
version are identical in content.
The Department notes that, in making
this preliminary determination, we
relied, in part, on facts otherwise
available.2 For further information, see
‘‘Use of Facts Otherwise Available’’ in
the accompanying Preliminary Decision
Memorandum.
Alignment
As noted in the Preliminary Decision
Memorandum,3 in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final
CVD determination in this investigation
with the final determination in the
companion AD investigation of hotrolled steel from Korea based on a
request made by Petitioners.
Consequently, the final CVD
determination will be issued on the
same date as the final AD
determination, which is currently
scheduled to be issued no later than
May 23, 2016, unless postponed.4
Preliminary Determination
In accordance with section
703(d)(1)(A)(i) of the Act, we calculated
a CVD rate for each individually
investigated producer/exporter of the
subject merchandise. We preliminarily
determine that de minimis
countervailable subsides are being
provided with respect to the
manufacture, production or exportation
of the subject merchandise. Consistent
with section 703(b)(4)(A) of the Act, we
have disregarded de minimis rates.
Consistent with section 703(d) of the
Act, we have not calculated an allothers rate because we have not reached
an affirmative preliminarily
2 See
section 776(a) of the Act.
Preliminary Decision Memorandum.
4 We note that the current deadline for the final
AD determination is May 22, 2016, which is a
Sunday. Pursuant to Department practice, the
signature date will be the next business day, which
is Monday, March 9, 2016. See Notice of
Clarification: Application of ‘‘Next Business Day’’
Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70
FR 24533 (May 10, 2005).
3 See
1 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations;
Re: Decision Memorandum for the Preliminary
Negative Determination: Countervailing Duty
Investigation of Certain Hot-Rolled Steel Flat
Products from the Republic of Korea, dated January
8, 2015 (‘‘Preliminary Decision Memorandum’’).
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Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices
determination. We preliminarily
determine the countervailable subsidy
rates to be:
Subsidy
rate
Company
Dated: January 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Because we preliminarily determine
that the CVD rates in this investigation
are de minimis, we will not direct U.S.
Customs and Border Protection (‘‘CBP’’)
to suspend liquidation of entries of
subject merchandise.
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Use of Facts Otherwise Available
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Disclosure and Public Comment
X. Conclusion
Verification
Appendix II
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted by the respondents prior to
making our final determination.
Scope of the Investigation
The products covered by this investigation
are certain hot-rolled, flat-rolled steel
products, with or without patterns in relief,
and whether or not annealed, painted,
varnished, or coated with plastics or other
non-metallic substances. The products
covered do not include those that are clad,
plated, or coated with metal. The products
covered include coils that have a width or
other lateral measurement (‘‘width’’) of 12.7
mm or greater, regardless of thickness, and
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 of 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 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 achieve 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 forth
above unless the resulting measurement
makes the product covered by the existing
antidumping 7 or countervailing duty 8 orders
on Certain Cut-To-Length Carbon-Quality
Steel Plate Products From the Republic of
Korea (A–580–836; C–580–837), and
(2) where the width and thickness vary for
a specific product (e.g., the thickness of
POSCO and Daewoo International Corporation ................
Hyundai Steel Co., Ltd ...............
0.17
0.63
Percent (de minimis).
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we will notify the International
Trade Commission (‘‘ITC’’) of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(3)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 75 days after the
Department makes its final
determination.
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Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement.5
Interested parties may submit case and
rebuttal briefs, as well as request a
hearing.6 For a schedule of the
deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the
Preliminary Decision Memorandum.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
5 See
6 See
19 CFR 351.224(b).
19 CFR 351.309(c)–(d), 19 CFR 351.310(c).
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7 See Notice of Amendment of Final
Determinations of Sales at Less Than Fair Value
and Antidumping Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate Products From
France, India, Indonesia, Italy, Japan and the
Republic of Korea, 65 FR 6585 (February 10, 2000).
8 See Notice of Amended Final Determinations:
Certain Cut-to-Length Carbon-Quality Steel Plate
From India and the Republic of Korea; and Notice
of Countervailing Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate From France,
India, Indonesia, Italy, and the Republic of Korea,
65 FR 6587 (February 10, 2000).
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certain products with non-rectangular crosssection, 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 of 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; and
(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
• 1.50 percent of aluminum, 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, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium, 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 as interstitial-free (IF))
steels, high strength low alloy (HSLA) steels,
the substrate for motor lamination steels,
Advanced High Strength Steels (AHSS), and
Ultra High Strength Steels (UHSS). 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. The substrate for motor
lamination steels contains micro-alloying
levels of elements such as silicon and
aluminum. AHSS and UHSS are considered
high tensile strength and high elongation
steels, although AHSS and UHSS are covered
whether or not they are high tensile strength
or high elongation steels.
Subject merchandise includes hot-rolled
steel that has been further processed in a
third country, including but not limited to
pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing,
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 hot-rolled 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 these investigations unless
specifically excluded. The following
products are outside of and/or specifically
excluded from the scope of this investigation:
• Universal mill plates (i.e., hot-rolled,
flat-rolled products not in coils that have
been rolled on four faces or in a closed box
pass, of a width exceeding 150 mm but not
exceeding 1250 mm, of a thickness not less
than 4.0 mm, and without patterns in relief);
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Federal Register / Vol. 81, No. 10 / Friday, January 15, 2016 / Notices
• Products that have been cold-rolled
(cold-reduced) after hot-rolling; 9
• Ball bearing steels; 10
• Tool steels; 11 and
• Silico-manganese steels; 12
The products subject to this investigation
are currently classified in the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) under item numbers:
7208.10.1500, 7208.10.3000, 7208.10.6000,
7208.25.3000, 7208.25.6000, 7208.26.0030,
7208.26.0060, 7208.27.0030, 7208.27.0060,
7208.36.0030, 7208.36.0060, 7208.37.0030,
7208.37.0060, 7208.38.0015, 7208.38.0030,
7208.38.0090, 7208.39.0015, 7208.39.0030,
7208.39.0090, 7208.40.6030, 7208.40.6060,
7208.53.0000, 7208.54.0000, 7208.90.0000,
7210.70.3000, 7211.14.0030, 7211.14.0090,
7211.19.1500, 7211.19.2000, 7211.19.3000,
7211.19.4500, 7211.19.6000, 7211.19.7530,
7211.19.7560, 7211.19.7590, 7225.11.0000,
7225.19.0000, 7225.30.3050, 7225.30.7000,
7225.40.7000, 7225.99.0090, 7226.11.1000,
7226.11.9030, 7226.11.9060, 7226.19.1000,
7226.19.9000, 7226.91.5000, 7226.91.7000,
and 7226.91.8000. The products subject to
the investigation may also enter under the
following HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060,
7214.91.0090, 7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000, 7226.99.0180,
and 7228.60.6000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
purposes only. The written description of the
scope of the investigation is dispositive.
[FR Doc. 2016–00750 Filed 1–14–16; 8:45 am]
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BILLING CODE 3510–DS–P
9 For purposes of this scope exclusion, rolling
operations such as a skin pass, levelling, temper
rolling or other minor rolling operations after the
hot-rolling process for purposes of surface finish,
flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this
exclusion.
10 Ball bearing steels are defined as steels which
contain, in addition to iron, each of the following
elements by weight in the amount specified: (i) Not
less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent
of manganese; (iii) none, or not more than 0.03
percent of sulfur; (iv) none, or not more than 0.03
percent of phosphorus; (v) not less than 0.18 nor
more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii)
none, or not more than 0.28 percent of nickel; (viii)
none, or not more than 0.38 percent of copper; and
(ix) none, or not more than 0.09 percent of
molybdenum.
11 Tool steels are defined as steels which contain
the following combinations of elements in the
quantity by weight respectively indicated: (i) More
than 1.2 percent carbon and more than 10.5 percent
chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent
chromium; or (iii) not less than 0.85 percent carbon
and 1 percent to 1.8 percent, inclusive, manganese;
or (iv) 0.9 percent to 1.2 percent, inclusive,
chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi)
not less than 0.5 percent carbon and not less than
5.5 percent tungsten.
12 Silico-manganese steel is defined as steels
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE291
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to a Marine
Geophysical Survey in the South
Atlantic Ocean, January to March 2016
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) implementing regulations, we
hereby give notice that we have issued
an Incidental Harassment Authorization
(Authorization) to Lamont-Doherty
Earth Observatory (Lamont-Doherty), a
component of Columbia University, in
collaboration with the National Science
Foundation (NSF), to take marine
mammals, by harassment, in the South
Atlantic Ocean, January through March
2016.
DATES: Effective January 4 through
March 31, 2016.
ADDRESSES: A copy of the final
Authorization and application and other
supporting documents are available by
writing to Jolie Harrison, Chief, Permits
and Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910, by
telephoning the contacts listed here, or
by visiting the internet at: https://www.
nmfs.noaa.gov/pr/permits/incidental/
research.htm.
The NSF prepared a draft
Environmental Analysis in accordance
with Executive Order 12114,
‘‘Environmental Effects Abroad of Major
Federal Actions’’ for their proposed
federal action. The environmental
analysis titled ‘‘Environmental Analysis
of a Marine Geophysical Survey by the
R/V Marcus G. Langseth in the South
Atlantic Ocean, Austral Summer 2016,’’
prepared by LGL, Ltd. environmental
research associates, on behalf of NSF
and Lamont-Doherty is available at the
same internet address.
NMFS prepared an Environmental
Assessment (EA) titled, ‘‘Proposed
Issuance of an Incidental Harassment
Authorization to Lamont-Doherty Earth
Observatory to Take Marine Mammals
by Harassment Incidental to a Marine
Geophysical Survey in the South
Atlantic Ocean, January–March 2016,’’
SUMMARY:
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in accordance with NEPA and NOAA
Administrative Order 216–6. To obtain
an electronic copy of these documents,
write to the previously mentioned
address, telephone the contact listed
here (see FOR FURTHER INFORMATION
CONTACT), or download the files at:
https://www.nmfs.noaa.gov/pr/permits/
incidental/research.htm.
NMFS also issued a Biological
Opinion under section 7 of the
Endangered Species Act (ESA) to
evaluate the effects of the survey and
Authorization on marine species listed
as threatened and endangered. The
Biological Opinion is available online
at: https://www.nmfs.noaa.gov/pr/
consultations/opinions.htm.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, NMFS, Office of
Protected Resources, NMFS (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the Marine
Mammal Protection Act of 1972, as
amended (MMPA; 16 U.S.C. 1361 et
seq.) directs the Secretary of Commerce
to allow, upon request, the incidental,
but not intentional, taking of small
numbers of marine mammals of a
species or population stock, by U.S.
citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region
if, after NMFS provides a notice of a
proposed authorization to the public for
review and comment: (1) NMFS makes
certain findings; and (2) the taking is
limited to harassment.
An Authorization shall be granted for
the incidental taking of small numbers
of marine mammals if NMFS finds that
the taking will have a negligible impact
on the species or stock(s), and will not
have an unmitigable adverse impact on
the availability of the species or stock(s)
for subsistence uses (where relevant).
The Authorization must also set forth
the permissible methods of taking; other
means of effecting the least practicable
adverse impact on the species or stock
and its habitat (i.e., mitigation); and
requirements pertaining to the
monitoring and reporting of such taking.
NMFS has defined ‘‘negligible impact’’
in 50 CFR 216.103 as ‘‘an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.’’
Except with respect to certain
activities not pertinent here, the MMPA
at 16 U.S.C. 1362(18)(A) defines
‘‘harassment’’ as: Any act of pursuit,
torment, or annoyance which (i) has the
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Agencies
[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Notices]
[Pages 2172-2174]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00750]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Countervailing Duty Investigation of Certain Hot-Rolled Steel
Flat Products From the Republic of Korea: Preliminary Negative
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') preliminarily
determines that de minimis countervailable subsidies are being provided
to producers/exporters of certain hot-rolled steel flat products
(``hot-rolled steel'') from the Republic of Korea (``Korea''). The
period of investigation is January 1, 2014, through December 31, 2014.
We invite interested parties to comment on this preliminary
determination.
DATES: Effective date: January 15, 2016.
FOR FURTHER INFORMATION CONTACT: Katie Marksberry or Bob Palmer, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-7906
or (202) 482-9068, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Investigation
The products covered by this investigation are certain hot-rolled
steel flat products from Korea. For a complete description of the scope
of this investigation, see Appendix II.
Methodology
The Department is conducting this countervailing duty (``CVD'')
investigation in accordance with section 701 of the Tariff Act of 1930,
as amended (the ``Act''). For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum.\1\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix I 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 is available 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 accessed directly at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version are identical in content.
---------------------------------------------------------------------------
\1\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations; Re:
Decision Memorandum for the Preliminary Negative Determination:
Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat
Products from the Republic of Korea, dated January 8, 2015
(``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
The Department notes that, in making this preliminary
determination, we relied, in part, on facts otherwise available.\2\ For
further information, see ``Use of Facts Otherwise Available'' in the
accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\2\ See section 776(a) of the Act.
---------------------------------------------------------------------------
Alignment
As noted in the Preliminary Decision Memorandum,\3\ in accordance
with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are
aligning the final CVD determination in this investigation with the
final determination in the companion AD investigation of hot-rolled
steel from Korea based on a request made by Petitioners. Consequently,
the final CVD determination will be issued on the same date as the
final AD determination, which is currently scheduled to be issued no
later than May 23, 2016, unless postponed.\4\
---------------------------------------------------------------------------
\3\ See Preliminary Decision Memorandum.
\4\ We note that the current deadline for the final AD
determination is May 22, 2016, which is a Sunday. Pursuant to
Department practice, the signature date will be the next business
day, which is Monday, March 9, 2016. See Notice of Clarification:
Application of ``Next Business Day'' Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------
Preliminary Determination
In accordance with section 703(d)(1)(A)(i) of the Act, we
calculated a CVD rate for each individually investigated producer/
exporter of the subject merchandise. We preliminarily determine that de
minimis countervailable subsides are being provided with respect to the
manufacture, production or exportation of the subject merchandise.
Consistent with section 703(b)(4)(A) of the Act, we have disregarded de
minimis rates. Consistent with section 703(d) of the Act, we have not
calculated an all-others rate because we have not reached an
affirmative preliminarily
[[Page 2173]]
determination. We preliminarily determine the countervailable subsidy
rates to be:
------------------------------------------------------------------------
Subsidy
Company rate
------------------------------------------------------------------------
POSCO and Daewoo International Corporation.................. 0.17
Hyundai Steel Co., Ltd...................................... 0.63
------------------------------------------------------------------------
Percent (de minimis).
Because we preliminarily determine that the CVD rates in this
investigation are de minimis, we will not direct U.S. Customs and
Border Protection (``CBP'') to suspend liquidation of entries of
subject merchandise.
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondents prior to making our final
determination.
International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (``ITC'') of our determination. In
addition, we are making available to the ITC all non-privileged and
non-proprietary information relating to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms that it will not
disclose such information, either publicly or under an administrative
protective order, without the written consent of the Assistant
Secretary for Enforcement and Compliance.
In accordance with section 705(b)(3) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 75 days after the Department makes its final determination.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\5\
Interested parties may submit case and rebuttal briefs, as well as
request a hearing.\6\ For a schedule of the deadlines for filing case
briefs, rebuttal briefs, and hearing requests, see the Preliminary
Decision Memorandum.
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: January 8, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Use of Facts Otherwise Available
VII. Subsidies Valuation
VIII. Analysis of Programs
IX. Disclosure and Public Comment
X. Conclusion
Appendix II
Scope of the Investigation
The products covered by this investigation are certain hot-
rolled, flat-rolled steel products, with or without patterns in
relief, and whether or not annealed, painted, varnished, or coated
with plastics or other non-metallic substances. The products covered
do not include those that are clad, plated, or coated with metal.
The products covered include coils that have a width or other
lateral measurement (``width'') of 12.7 mm or greater, regardless of
thickness, and 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 of 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 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 achieve
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 forth above unless the resulting measurement makes the product
covered by the existing antidumping \7\ or countervailing duty \8\
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products
From the Republic of Korea (A-580-836; C-580-837), and
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\7\ See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products From France, India,
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585
(February 10, 2000).
\8\ See Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate From India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate From France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000).
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(2) where the width and thickness vary for a specific product
(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 of 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; and (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
1.50 percent of aluminum, 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, or
0.80 percent of molybdenum, or
0.10 percent of niobium, 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 as interstitial-
free (IF)) steels, high strength low alloy (HSLA) steels, the
substrate for motor lamination steels, Advanced High Strength Steels
(AHSS), and Ultra High Strength Steels (UHSS). 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. The substrate for motor
lamination steels contains micro-alloying levels of elements such as
silicon and aluminum. AHSS and UHSS are considered high tensile
strength and high elongation steels, although AHSS and UHSS are
covered whether or not they are high tensile strength or high
elongation steels.
Subject merchandise includes hot-rolled steel that has been
further processed in a third country, including but not limited to
pickling, oiling, levelling, annealing, tempering, temper rolling,
skin passing, 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 hot-rolled 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 these
investigations unless specifically excluded. The following products
are outside of and/or specifically excluded from the scope of this
investigation:
Universal mill plates (i.e., hot-rolled, flat-rolled
products not in coils that have been rolled on four faces or in a
closed box pass, of a width exceeding 150 mm but not exceeding 1250
mm, of a thickness not less than 4.0 mm, and without patterns in
relief);
[[Page 2174]]
Products that have been cold-rolled (cold-reduced)
after hot-rolling; \9\
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\9\ For purposes of this scope exclusion, rolling operations
such as a skin pass, levelling, temper rolling or other minor
rolling operations after the hot-rolling process for purposes of
surface finish, flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this exclusion.
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Ball bearing steels; \10\
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\10\ Ball bearing steels are defined as steels which contain, in
addition to iron, each of the following elements by weight in the
amount specified: (i) Not less than 0.95 nor more than 1.13 percent
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv)
none, or not more than 0.03 percent of phosphorus; (v) not less than
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25
nor more than 1.65 percent of chromium; (vii) none, or not more than
0.28 percent of nickel; (viii) none, or not more than 0.38 percent
of copper; and (ix) none, or not more than 0.09 percent of
molybdenum.
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Tool steels; \11\ and
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\11\ Tool steels are defined as steels which contain the
following combinations of elements in the quantity by weight
respectively indicated: (i) More than 1.2 percent carbon and more
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent chromium; or
(iii) not less than 0.85 percent carbon and 1 percent to 1.8
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent,
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon and not less
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent
carbon and not less than 5.5 percent tungsten.
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Silico-manganese steels; \12\
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\12\ Silico-manganese steel is defined as steels containing by
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or
more but not more than 1.9 percent of manganese, and (iii) 0.6
percent or more but not more than 2.3 percent of silicon.
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The products subject to this investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(``HTSUS'') under item numbers: 7208.10.1500, 7208.10.3000,
7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030,
7208.26.0060, 7208.27.0030, 7208.27.0060, 7208.36.0030,
7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015,
7208.38.0030, 7208.38.0090, 7208.39.0015, 7208.39.0030,
7208.39.0090, 7208.40.6030, 7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000, 7210.70.3000, 7211.14.0030,
7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000,
7211.19.4500, 7211.19.6000, 7211.19.7530, 7211.19.7560,
7211.19.7590, 7225.11.0000, 7225.19.0000, 7225.30.3050,
7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000,
7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.5000, 7226.91.7000, and 7226.91.8000. The products subject
to the investigation may also enter under the following HTSUS
numbers: 7210.90.9000, 7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060, 7214.91.0090,
7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.5000,
7226.99.0180, and 7228.60.6000.
The HTSUS subheadings above are provided for convenience and
U.S. Customs purposes only. The written description of the scope of
the investigation is dispositive.
[FR Doc. 2016-00750 Filed 1-14-16; 8:45 am]
BILLING CODE 3510-DS-P