Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products From the People's Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, and Preliminary Affirmative Determination of Critical Circumstances, 11751-11754 [2016-05001]
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11751
Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
Also excluded from the scope of this
investigation is ultra-tempered automotive
steel, which is hardened, tempered, surface
Element
C
Weight % ...............................
Si
0.90–1.05
• Physical properties:
Width less than or
equal to 150 mm
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Width of 150 to 330
mm.
Flatness of less than
0.2% of nominal strip
width
Flatness of less than
5 mm of nominal
strip width.
• Microstructure: Completely free from
decarburization. Carbides are spheroidal
and fine within 1% to 4% (area percentage)
and are undissolved in the uniform
tempered martensite;
• Surface roughness: less than or equal to
0.80 mm Rz;
• Non-metallic inclusion:
D Sulfide inclusion less than or equal to
0.04% (area percentage)
D Oxide inclusion less than or equal to
0.05% (area percentage); and
D The mill test certificate must demonstrate
that the steel is proprietary grade ‘‘PK’’ and
specify the following:
D The exact tensile strength, which must be
greater than or equal to 1600 N/mm2;
D The exact hardness, which must be greater
than or equal to 465 Vickers hardness
number;
D The exact elongation, which must be
between 2.5% and 9.5%; and
D Certified as having residual compressive
stress within a range of 100 to 400 N/mm2.
The products subject to this investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7209.15.0000,
7209.16.0030, 7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030, 7209.17.0060,
7209.17.0070, 7209.17.0091, 7209.18.1530,
7209.18.1560, 7209.18.2510, 7209.18.2520,
7209.18.2580, 7209.18.6020, 7209.18.6090,
7209.25.0000, 7209.26.0000, 7209.27.0000,
7209.28.0000, 7209.90.0000, 7210.70.3000,
7211.23.1500, 7211.23.2000, 7211.23.3000,
7211.23.4500, 7211.23.6030, 7211.23.6060,
7211.23.6090, 7211.29.2030, 7211.29.2090,
7211.29.4500, 7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7225.50.6000, 7225.50.8080, 7225.99.0090,
7226.92.5000, 7226.92.7050, and
7226.92.8050. The products subject to the
investigation may also enter under the
following HTSUS numbers: 7210.90.9000,
7212.50.0000, 7215.10.0010, 7215.10.0080,
7215.50.0016, 7215.50.0018, 7215.50.0020,
7215.50.0061, 7215.50.0063, 7215.50.0065,
Oersteds) along (i.e., parallel to) the rolling
direction of the sheet (i.e., B800 value). NOES
contains by weight more than 1.00 percent of
silicon but less than 3.5 percent of silicon, not more
than 0.08 percent of carbon, and not more than 1.5
percent of aluminum. NOES has a surface oxide
coating, to which an insulation coating may be
applied.’’
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• Thickness: less than or equal to 1.0 mm;
• Width: less than or equal to 330 mm;
• Chemical composition:
polished, and meets the following
specifications:
Mn
0.15–0.35
0.30–0.50
P
S
Less than or equal to 0.03 ...
Less than or equal to 0.006.
7215.50.0090, 7215.90.5000, 7217.10.1000,
7217.10.2000, 7217.10.3000, 7217.10.7000,
7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.19.0000, 7226.19.1000,
7226.19.9000, 7226.99.0180, 7228.50.5015,
7228.50.5040, 7228.50.5070, 7228.60.8000,
and 7229.90.1000.
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.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Respondent Selection
VI. Application of Facts Available and AllOthers Rate
VII. Preliminary Determination of Critical
Circumstances
VIII. Verification
IX. Conclusion
the Tariff Act of 1930, as amended (the
Act). The period of investigation is
January 1, 2015, through June 30, 2015.
The estimated weighted-average
dumping margin is shown in the
‘‘Preliminary Determination’’ section of
this notice. We invite interested parties
to comment on this preliminary
determination.
DATES:
Effective March 7, 2016.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke or Robert James, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–4947 or (202) 482–
0679, respectively.
SUPPLEMENTARY INFORMATION:
Background
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain cold-rolled steel
flat products (cold-rolled steel) from the
People’s Republic of China (the 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 Department published the notice
of initiation of this investigation on
August 24, 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 is hereby adopted by
this notice.2 A list of topics included 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 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 electronic version of
Preliminary Decision Memorandum are
identical in content.
1 See Certain Cold-Rolled Steel Flat Products from
Brazil, the People’s Republic of China, India, Japan,
the Republic of Korea, the Netherlands, the Russian
Federation, and the United Kingdom: Initiation of
Less-Than-Fair-Value Investigations, 80 FR 51198
(August 24, 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
Cold-Rolled Steel Flat Products from the People’s
Republic of China,’’ dated concurrently with and
hereby adopted by this notice.
[FR Doc. 2016–05005 Filed 3–4–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–029]
Antidumping Duty Investigation of
Certain Cold-Rolled Steel Flat Products
From the People’s Republic of China:
Affirmative Preliminary Determination
of Sales at Less Than Fair Value, and
Preliminary Affirmative Determination
of Critical Circumstances
AGENCY:
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11752
Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
Scope of the Investigation
The products covered by this
investigation are cold-rolled steel flat
products from the PRC. For a complete
description of the scope of this
investigation, see Appendix II.
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 not
modifying the scope language as it
appeared in the Initiation Notice.
Methodology
asabaliauskas on DSK3SPTVN1PROD with NOTICES
The Department is conducting this
investigation in accordance with section
731 of the Act. Because none of the
potential respondents in this
investigation submitted separate rate
applications, they are considered to be
part of the PRC-wide entity. Further, the
PRC-wide entity did not provide
necessary quantity-and-value data the
Department requested. Therefore, in
making this preliminary determination,
the Department relied on facts available
and, because respondents failed to
cooperate by not acting to the best of
their ability to respond to the
Department’s requests for information,
we drew an adverse inference in
selecting a rate from among the facts
otherwise available.6 For further
information, see ‘‘Use of Facts
Otherwise Available and Adverse
Inferences’’ in the accompanying
Preliminary Decision Memorandum.
3 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
4 See Initiation Notice, 80 FR at 51199.
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain ColdRolled Steel Products From Brazil, the People’s
Republic of China, India, Japan, the Republic of
Korea, the Russian Federation, and the United
Kingdom: Scope Comments Decision Memorandum
for the Preliminary Determinations,’’ dated
concurrently with this preliminary determination.
6 See sections 776(a) and (b) of the Act.
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Affirmative Preliminary Determination
of Critical Circumstances
On October 30, 2015, Petitioners filed
a timely critical circumstances
allegation, pursuant to section 703(e)(1)
and 733(e)(1) of the Act and 19 CFR
351.206, alleging that critical
circumstances exist with respect to
imports of certain cold-rolled steel flat
products from the PRC.7 We
preliminarily determine, on the basis of
adverse facts available, that critical
circumstances exist for PRC-wide entity.
A discussion of our determination can
be found in the Preliminary Decision
Memorandum at the section,
‘‘Preliminary Determination of Critical
Circumstances.’’
Preliminary Determination
Company
Dumping
rate
(percent)
PRC-Wide Entity .........................
265.79
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 cold-rolled
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 circumstance, 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
investigation was published.
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. We will
also instruct CBP, pursuant to section
733(d)(1)(B) of the Act and 19 CFR
351.205(d), to require a cash deposit
equal to the margins indicated in the
chart above.8 The suspension of
7 See Letter from Petitioners, dated October 30,
2015.
8 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
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liquidation will remain in effect until
further notice.
With respect to the PRC-wide entity,
we find that export subsidies constitute
66.03 percent 9 of the preliminarily
calculated countervailing duty rate in
the concurrent countervailing duty
investigation, and thus, we will offset
the PRC-wide rate of 265.79 by
countervailing duty rate attributable to
export subsidies (i.e., 66.03 percent) to
calculate the cash deposit rate for this
LTFV investigation. Accordingly, the
cash deposit rate will be 199.76 percent.
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). Case briefs or other
written comments may be submitted to
the Assistant Secretary for Enforcement
and Compliance no later than 30 days
after the publication of this preliminary
determination in the Federal Register.10
Rebuttal briefs, limited to issues raised
in case briefs, may be submitted no later
than five days after the deadline date for
case briefs.11
Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.12 This
summary should be limited to five pages
total, including footnotes.
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
9 The following programs were initiated on as
export specific in the concurrent countervailing
duty investigation were initiated on: Export Loans;
Preferential Lending to Cold-Rolled Steel Producers
and Exporters Classified As ‘‘Honorable
Enterprises’’; Preferential Income Tax Subsidies for
Foreign Invested Enterprises—Export Oriented
FIEs; Programs to Rebate Antidumping Legal Fees;
Export Assistance Grants; Subsidies for
Development of Famous Export Brands and China
World Top Brands; Sub-Central Government
Programs to Promote Famous Export Brands and
China World Top Brands; Export Interest Subsidies;
Export Seller’s Credits; Export Buyer’s Credits;
Export Credit Insurance Subsidies; Export Credit
Guarantees’’. See Certain Cold-Rolled Steel Flat
Products From Brazil, India, the People’s Republic
of China, the Republic of Korea, and the Russian
Federation: Initiation of Countervailing Duty
Investigations, 80 FR 51206 (August 24, 2015), see
also Countervailing Duty Investigation of Certain
Cold-Rolled Steel Flat Products From India:
Preliminary Affirmative Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 80 FR 79562
(December 22, 2015) and accompanying
Preliminary Decision Memorandum at 11–15 and
Appendix 1.
10 See 19 CFR 351.309(b)(2)(c)(i).
11 See 19 CFR 351.309, see also 19 CFR 351.303
(for general filing requirements).
12 See 19 CFR 351.309(c)(2) and (d)(2).
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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
Interested parties who wish to request
a hearing must do so in writing within
30 days after the publication of this
preliminary determination in the
Federal Register.13 Requests should
contain the party’s name, address, and
telephone number; the number of
participants; and a list of the issues to
be discussed. If a request for a hearing
is made, the Department intends to hold
the hearing at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a date, time, and location to be
determined. Parties will be notified of
the date, time, and location of any
hearing.
Parties must file their case and
rebuttal briefs, and any requests for a
hearing, electronically using ACCESS.14
Electronically-filed documents must be
received successfully in their entirety by
5:00 p.m. Eastern Time on the due dates
established above.15
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we are notifying the
International Trade Commission (ITC) of
our 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)(I) of the Act and 19
CFR 351.205(c).
Dated: February 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Preliminary Determination of Critical
Circumstance
V. Scope of the Investigation
VI. Discussion of the Methodology
A. Non-Market Economy Country
B. The PRC-wide Entity
C. Application of Facts Available and
Adverse Inferences
VII. Adjustment Under Section 777A(F) of
the Act
VIII. Adjustment to Cash Deposit Rate for
Export Subsidies
IX. Disclosure and Public Comment
13 See
19 CFR 351.310(c).
19 CFR 351.303(b)(2)(i).
15 See 19 CFR 351.303(b)(1).
14 See
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X. Conclusion
Appendix II—Scope of the Investigation
The products covered by this investigation
are certain cold-rolled (cold-reduced), flatrolled steel products, 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 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 of 4.75
mm or more and 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 forth
above, and
(2) where the width and thickness vary for
a specific product (e.g., the thickness of
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 (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 as interstitial-free (IF))
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steels, high strength low alloy (HSLA) steels,
motor lamination steels, Advanced High
Strength Steels (AHSS), and Ultra High
Strength Steels (UHSS). IF steels are
recognized as low carbon steels with microalloying 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. Motor lamination steels
contain 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 cold-rolled
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 cold-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 this investigation unless specifically
excluded. The following products are outside
of and/or specifically excluded from the
scope of this investigation:
• Ball bearing steels; 16
• Tool steels; 17
• Silico-manganese steel; 18
• Grain-oriented electrical steels (GOES) as
defined in the final determination of the U.S.
Department of Commerce in Grain-Oriented
16 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.
17 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.
18 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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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Electrical Steel From Germany, Japan, and
Poland.19
• Non-Oriented Electrical Steels (NOES), as
defined in the antidumping orders issued by
the U.S. Department of Commerce in NonOriented Electrical Steel From the People’s
Republic of China, Germany, Japan, the
Republic of Korea, Sweden, and Taiwan.20
The products subject to this investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7209.15.0000,
7209.16.0030, 7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030, 7209.17.0060,
7209.17.0070, 7209.17.0091, 7209.18.1530,
7209.18.1560, 7209.18.2510, 7209.18.2520,
7209.18.2580, 7209.18.6020, 7209.18.6090,
7209.25.0000, 7209.26.0000, 7209.27.0000,
7209.28.0000, 7209.90.0000, 7210.70.3000,
7211.23.1500, 7211.23.2000, 7211.23.3000,
7211.23.4500, 7211.23.6030, 7211.23.6060,
7211.23.6090, 7211.29.2030, 7211.29.2090,
7211.29.4500, 7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7225.50.6000, 7225.50.8080, 7225.99.0090,
7226.92.5000, 7226.92.7050, and
7226.92.8050. The products subject to the
investigation may also enter under the
following HTSUS numbers: 7210.90.9000,
7212.50.0000, 7215.10.0010, 7215.10.0080,
7215.50.0016, 7215.50.0018, 7215.50.0020,
7215.50.0061, 7215.50.0063, 7215.50.0065,
7215.50.0090, 7215.90.5000, 7217.10.1000,
7217.10.2000, 7217.10.3000, 7217.10.7000,
7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.19.0000, 7226.19.1000,
7226.19.9000, 7226.99.0180, 7228.50.5015,
7228.50.5040, 7228.50.5070, 7228.60.8000,
and 7229.90.1000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
19 See Grain-Oriented Electrical Steel From
Germany, Japan, and Poland: Final Determinations
of Sales at Less Than Fair Value and Certain Final
Affirmative Determination of Critical
Circumstances, 79 FR 42,501, 42,503 (Dep’t of
Commerce, July 22, 2014). This determination
defines grain-oriented electrical steel as ‘‘a flatrolled alloy steel product containing by weight at
least 0.6 percent but not more than 6 percent of
silicon, not more than 0.08 percent of carbon, not
more than 1.0 percent of aluminum, and no other
element in an amount that would give the steel the
characteristics of another alloy steel, in coils or in
straight lengths.’’
20 See Non-Oriented Electrical Steel From the
People’s Republic of China, Germany, Japan, the
Republic of Korea, Sweden, and Taiwan:
Antidumping Duty Orders, 79 FR 71,741, 71,741–
42 (Dep’t of Commerce, December 3, 2014). The
orders define NOES as ‘‘cold-rolled, flat-rolled,
alloy steel products, whether or not in coils,
regardless of width, having an actual thickness of
0.20 mm or more, in which the core loss is
substantially equal in any direction of
magnetization in the plane of the material. The term
‘substantially equal’ means that the cross grain
direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of
core loss. NOES has a magnetic permeability that
does not exceed 1.65 Tesla when tested at a field
of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the sheet (i.e.,
B800 value). NOES contains by weight more than
1.00 percent of silicon but less than 3.5 percent of
silicon, not more than 0.08 percent of carbon, and
not more than 1.5 percent of aluminum. NOES has
a surface oxide coating, to which an insulation
coating may be applied.’’
VerDate Sep<11>2014
18:37 Mar 04, 2016
Jkt 238001
purposes only. The written description of the
scope of the investigation is dispositive.
[FR Doc. 2016–05001 Filed 3–4–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–843]
Certain Cold-Rolled Steel Flat Products
From Brazil: Affirmative Preliminary
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain cold-rolled steel
flat products (cold-rolled steel) from
Brazil 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 July 1, 2014,
through June 30, 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:
DATES:
Effective March 7, 2016.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Joseph Shuler, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3477 or (202) 482–1293,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice
of initiation of this investigation on
August 24, 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
1 See Certain Cold-Rolled Steel Flat Products
From Brazil, the People’s Republic of China, India,
Japan, the Republic of Korea, the Netherlands, the
Russian Federation, and the United Kingdom:
Initiation of Less-Than-Fair-Value Investigations, 80
FR 51198 (August 24, 2015) (Initiation Notice).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
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.
On January 27, 2016, the Department
exercised its discretion to toll its
administrative deadlines due to the
closure of the Federal Government.
Thus, the deadline for this preliminary
determination has been extended by
four business days. The revised
deadline for this preliminary
determination is February 29, 2016.3
Scope of the Investigation
The product covered by this
investigation is cold-rolled steel from
Brazil. 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,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., ‘‘scope’’).5
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
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
Preliminary Determination in the Less-Than-FairValue Investigation of Certain Cold-Rolled Steel
Flat Products from Brazil’’ (Preliminary Decision
Memorandum), dated concurrently with this notice.
3 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm ‘Jonas,’ ’’ dated January 27, 2016.
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 80 FR at 51199.
E:\FR\FM\07MRN1.SGM
07MRN1
]]>Agencies
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11751-11754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05001]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-029]
Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat
Products From the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less Than Fair Value, and Preliminary
Affirmative Determination of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that certain cold-rolled steel flat products (cold-rolled
steel) from the People's Republic of China (the 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 is January 1, 2015, through June
30, 2015. The estimated weighted-average dumping margin is shown in the
``Preliminary Determination'' section of this notice. We invite
interested parties to comment on this preliminary determination.
DATES: Effective March 7, 2016.
FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Robert James, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4947
or (202) 482-0679, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on August 24, 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 is hereby adopted by this notice.\2\ A list of topics
included 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 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 electronic version of Preliminary Decision Memorandum
are identical in content.
---------------------------------------------------------------------------
\1\ See Certain Cold-Rolled Steel Flat Products from Brazil, the
People's Republic of China, India, Japan, the Republic of Korea, the
Netherlands, the Russian Federation, and the United Kingdom:
Initiation of Less-Than-Fair-Value Investigations, 80 FR 51198
(August 24, 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 Cold-Rolled Steel
Flat Products from the People's Republic of China,'' dated
concurrently with and hereby adopted by this notice.
---------------------------------------------------------------------------
[[Page 11752]]
Scope of the Investigation
The products covered by this investigation are cold-rolled steel
flat products from the PRC. For a complete description of the scope of
this investigation, see Appendix II.
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 not modifying the scope
language as it appeared in the Initiation Notice.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\4\ See Initiation Notice, 80 FR at 51199.
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Certain Cold-Rolled Steel Products From Brazil, the People's
Republic of China, India, Japan, the Republic of Korea, the Russian
Federation, and the United Kingdom: Scope Comments Decision
Memorandum for the Preliminary Determinations,'' dated concurrently
with this preliminary determination.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Because none of the potential respondents in
this investigation submitted separate rate applications, they are
considered to be part of the PRC-wide entity. Further, the PRC-wide
entity did not provide necessary quantity-and-value data the Department
requested. Therefore, in making this preliminary determination, the
Department relied on facts available and, because respondents failed to
cooperate by not acting to the best of their ability to respond to the
Department's requests for information, we drew an adverse inference in
selecting a rate from among the facts otherwise available.\6\ For
further information, see ``Use of Facts Otherwise Available and Adverse
Inferences'' in the accompanying Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\6\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
Affirmative Preliminary Determination of Critical Circumstances
On October 30, 2015, Petitioners filed a timely critical
circumstances allegation, pursuant to section 703(e)(1) and 733(e)(1)
of the Act and 19 CFR 351.206, alleging that critical circumstances
exist with respect to imports of certain cold-rolled steel flat
products from the PRC.\7\ We preliminarily determine, on the basis of
adverse facts available, that critical circumstances exist for PRC-wide
entity. A discussion of our determination can be found in the
Preliminary Decision Memorandum at the section, ``Preliminary
Determination of Critical Circumstances.''
---------------------------------------------------------------------------
\7\ See Letter from Petitioners, dated October 30, 2015.
---------------------------------------------------------------------------
Preliminary Determination
------------------------------------------------------------------------
Dumping
Company rate
(percent)
------------------------------------------------------------------------
PRC-Wide Entity............................................ 265.79
------------------------------------------------------------------------
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 cold-rolled 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 circumstance, 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 investigation was published. 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.
We will also instruct CBP, pursuant to section 733(d)(1)(B) of the Act
and 19 CFR 351.205(d), to require a cash deposit equal to the margins
indicated in the chart above.\8\ The suspension of liquidation will
remain in effect until further notice.
---------------------------------------------------------------------------
\8\ 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).
---------------------------------------------------------------------------
With respect to the PRC-wide entity, we find that export subsidies
constitute 66.03 percent \9\ of the preliminarily calculated
countervailing duty rate in the concurrent countervailing duty
investigation, and thus, we will offset the PRC-wide rate of 265.79 by
countervailing duty rate attributable to export subsidies (i.e., 66.03
percent) to calculate the cash deposit rate for this LTFV
investigation. Accordingly, the cash deposit rate will be 199.76
percent.
---------------------------------------------------------------------------
\9\ The following programs were initiated on as export specific
in the concurrent countervailing duty investigation were initiated
on: Export Loans; Preferential Lending to Cold-Rolled Steel
Producers and Exporters Classified As ``Honorable Enterprises'';
Preferential Income Tax Subsidies for Foreign Invested Enterprises--
Export Oriented FIEs; Programs to Rebate Antidumping Legal Fees;
Export Assistance Grants; Subsidies for Development of Famous Export
Brands and China World Top Brands; Sub-Central Government Programs
to Promote Famous Export Brands and China World Top Brands; Export
Interest Subsidies; Export Seller's Credits; Export Buyer's Credits;
Export Credit Insurance Subsidies; Export Credit Guarantees''. See
Certain Cold-Rolled Steel Flat Products From Brazil, India, the
People's Republic of China, the Republic of Korea, and the Russian
Federation: Initiation of Countervailing Duty Investigations, 80 FR
51206 (August 24, 2015), see also Countervailing Duty Investigation
of Certain Cold-Rolled Steel Flat Products From India: Preliminary
Affirmative Determination and Alignment of Final Determination With
Final Antidumping Duty Determination, 80 FR 79562 (December 22,
2015) and accompanying Preliminary Decision Memorandum at 11-15 and
Appendix 1.
---------------------------------------------------------------------------
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). Case
briefs or other written comments may be submitted to the Assistant
Secretary for Enforcement and Compliance no later than 30 days after
the publication of this preliminary determination in the Federal
Register.\10\ Rebuttal briefs, limited to issues raised in case briefs,
may be submitted no later than five days after the deadline date for
case briefs.\11\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(b)(2)(c)(i).
\11\ See 19 CFR 351.309, see also 19 CFR 351.303 (for general
filing requirements).
---------------------------------------------------------------------------
Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\12\ This summary should be limited to five pages total,
including footnotes.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------
[[Page 11753]]
Interested parties who wish to request a hearing must do so in
writing within 30 days after the publication of this preliminary
determination in the Federal Register.\13\ Requests should contain the
party's name, address, and telephone number; the number of
participants; and a list of the issues to be discussed. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 14th Street and Constitution Avenue
NW., Washington, DC 20230, at a date, time, and location to be
determined. Parties will be notified of the date, time, and location of
any hearing.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Parties must file their case and rebuttal briefs, and any requests
for a hearing, electronically using ACCESS.\14\ Electronically-filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time on the due dates established above.\15\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.303(b)(2)(i).
\15\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we are notifying the
International Trade Commission (ITC) of our 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)(I) of the Act and 19 CFR 351.205(c).
Dated: February 29, 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. Period of Investigation
IV. Preliminary Determination of Critical Circumstance
V. Scope of the Investigation
VI. Discussion of the Methodology
A. Non-Market Economy Country
B. The PRC-wide Entity
C. Application of Facts Available and Adverse Inferences
VII. Adjustment Under Section 777A(F) of the Act
VIII. Adjustment to Cash Deposit Rate for Export Subsidies
IX. Disclosure and Public Comment
X. Conclusion
Appendix II--Scope of the Investigation
The products covered by this investigation are certain cold-
rolled (cold-reduced), flat-rolled steel products, 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 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 of 4.75 mm or more and 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 forth above, and
(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 (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 as interstitial-
free (IF)) steels, high strength low alloy (HSLA) steels, 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. Motor lamination steels contain 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 cold-rolled 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 cold-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 this
investigation unless specifically excluded. The following products
are outside of and/or specifically excluded from the scope of this
investigation:
Ball bearing steels; \16\
Tool steels; \17\
Silico-manganese steel; \18\
Grain-oriented electrical steels (GOES) as defined in
the final determination of the U.S. Department of Commerce in Grain-
Oriented
[[Page 11754]]
Electrical Steel From Germany, Japan, and Poland.\19\
Non-Oriented Electrical Steels (NOES), as defined in
the antidumping orders issued by the U.S. Department of Commerce in
Non-Oriented Electrical Steel From the People's Republic of China,
Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\20\
---------------------------------------------------------------------------
\16\ 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.
\17\ 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.
\18\ 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.
\19\ See Grain-Oriented Electrical Steel From Germany, Japan,
and Poland: Final Determinations of Sales at Less Than Fair Value
and Certain Final Affirmative Determination of Critical
Circumstances, 79 FR 42,501, 42,503 (Dep't of Commerce, July 22,
2014). This determination defines grain-oriented electrical steel as
``a flat-rolled alloy steel product containing by weight at least
0.6 percent but not more than 6 percent of silicon, not more than
0.08 percent of carbon, not more than 1.0 percent of aluminum, and
no other element in an amount that would give the steel the
characteristics of another alloy steel, in coils or in straight
lengths.''
\20\ See Non-Oriented Electrical Steel From the People's
Republic of China, Germany, Japan, the Republic of Korea, Sweden,
and Taiwan: Antidumping Duty Orders, 79 FR 71,741, 71,741-42 (Dep't
of Commerce, December 3, 2014). The orders define NOES as ``cold-
rolled, flat-rolled, alloy steel products, whether or not in coils,
regardless of width, having an actual thickness of 0.20 mm or more,
in which the core loss is substantially equal in any direction of
magnetization in the plane of the material. The term `substantially
equal' means that the cross grain direction of core loss is no more
than 1.5 times the straight grain direction (i.e., the rolling
direction) of core loss. NOES has a magnetic permeability that does
not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent
to 10 Oersteds) along (i.e., parallel to) the rolling direction of
the sheet (i.e., B800 value). NOES contains by weight more than 1.00
percent of silicon but less than 3.5 percent of silicon, not more
than 0.08 percent of carbon, and not more than 1.5 percent of
aluminum. NOES has a surface oxide coating, to which an insulation
coating may be applied.''
---------------------------------------------------------------------------
The products subject to this investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7209.15.0000, 7209.16.0030,
7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030,
7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530,
7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580,
7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000,
7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000,
7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500,
7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030,
7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000,
7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and
7226.92.8050. The products subject to the investigation may also
enter under the following HTSUS numbers: 7210.90.9000, 7212.50.0000,
7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018,
7215.50.0020, 7215.50.0061, 7215.50.0063, 7215.50.0065,
7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000,
7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030,
7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000,
7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040,
7228.50.5070, 7228.60.8000, and 7229.90.1000.
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. 2016-05001 Filed 3-4-16; 8:45 am]
BILLING CODE 3510-DS-P
