Certain Cold-Rolled Steel Flat Products From Japan: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances, 11747-11751 [2016-05005]
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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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; 14
• Tool steels; 15
• Silico-manganese steel; 16
• Grain-oriented electrical steels (GOES) as
defined in the final determination of the
U.S. Department of Commerce in GrainOriented Electrical Steel From Germany,
Japan, and Poland.17
• 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.18
14 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.
15 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.
16 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.
17 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.’’
18 See Non-Oriented Electrical Steel From the
People’s Republic of China, Germany, Japan, the
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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: 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.
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. All-Others Rate
VI. Successor-in-Interest
VII. Discussion of Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
VIII. Date of Sale
IX. Product Comparisons
X. Export Price and Constructed Export Price
XI. Normal Value
A. Comparison Market Viability
Republic of Korea, Sweden, and Taiwan:
Antidumping Duty Orders, 79 FR 71,741, 71,741–
42 (Dep’t of Commerce, Dec. 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.’’
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11747
B. Affiliated Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of NV Based on ComparisonMarket Prices
XII. Currency Conversion
XIII. Conclusion
[FR Doc. 2016–05007 Filed 3–4–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–873]
Certain Cold-Rolled Steel Flat Products
From Japan: Affirmative Preliminary
Determination of Sales at Less Than
Fair Value and Preliminary Affirmative
Determination of Critical
Circumstances
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
Japan 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. JFE Steel
Corporation (‘‘JFE’’) and Nippon Steel &
Sumitomo Metal Corporation
(‘‘NSSMC’’) are the mandatory
respondents in this investigation. The
estimated weighted average dumping
margins of sales at LTFV are shown in
the ‘‘Preliminary Determination’’
section of this notice. Interested parties
are invited to comment on this
preliminary determination.
DATES: Effective March 7, 2016.
FOR FURTHER INFORMATION CONTACT:
Trisha Tran, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4852.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published the notice
of initiation of this investigation on
August 24, 2015.1 For a complete
1 See Certain Cold-Rolled Steel Flat Products
From Brazil, the People’s Republic of China, India,
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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
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 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 November 30, 2015, the
Department published notice of the 50day postponement for the preliminary
determination in this investigation, in
accordance with section 733(c)(1)(B) of
the Act and 19 CFR 351.205(f)(1).3 In
addition, the Department has exercised
its discretion to toll all administrative
deadlines due to the recent closure of
the Federal Government because of
Snowstorm ‘‘Jonas’’. Thus, all of the
deadlines in this segment of the
proceeding have been extended by four
business days. The revised deadline for
the preliminary determination is now
February 29, 2016.4
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Scope of the Investigation
The products covered by this
investigation are certain cold-rolled
(cold-reduced), flat-rolled steel
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,
Assistant Secretary for Enforcement and
Compliance ‘‘Decision Memorandum for the
Preliminary Determination of the Antidumping
Duty Investigation of Certain Cold-Rolled Steel Flat
Products from Japan’’ (‘‘Preliminary Decision
Memorandum’’), dated concurrently with this
notice.
3 See Certain Cold-Rolled Steel Flat Products
From Brazil, the People’s Republic of China, India,
Japan, the Republic of Korea, the Russian
Federation, and the United Kingdom: Postponement
of Preliminary Determinations of Antidumping Duty
Investigations, 80 FR 74764 (November 30, 2015).
4 See Memorandum to the Record from Ronald
Lorentzen, Acting Assistant Secretary for
Enforcement & Compliance, regarding ‘‘Tolling of
Administrative Deadlines as a Result of the
Government Closure during Snowstorm Jonas,’’
dated January 27, 2016.
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18:37 Mar 04, 2016
Jkt 238001
products, whether or not annealed,
painted, varnished, or coated with
plastics or other non-metallic
substances. 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,5 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., ‘‘scope’’).6
Certain interested parties commented on
the scope of the investigation, as it
appeared in the Initiation Notice, as
well as on additional language proposed
by the Department. For a summary of
the product coverage comments and
rebuttal responses submitted to the
record, and an accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.7 In this
investigation, the Department is
preliminarily modifying the scope
language as it appeared in the Initiation
Notice.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Pursuant to section
776(a) of the Act, the Department
preliminarily relied upon facts
otherwise available to assign estimated
weighted-average dumping margins to
the mandatory respondents, JFE and
NSSMC, because JFE and NSSMC each
informed the Department that they
would not respond to the Department’s
AD questionnaire and, therefore, would
not participate in this investigation as
mandatory respondents.8 Therefore, the
Department is preliminarily applying
5 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
6 See Initiation Notice, 80 FR at 51199.
7 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;
see also Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping Duty
Operations, ‘‘Certain Cold-Rolled Steel Products
From Japan: Additional Scope Comments and
Decision Memorandum for the Preliminary
Determination,’’ dated concurrently with this
preliminary determination (collectively,
Preliminary Scope Decision Memorandum).
8 See Letter from JFE, ‘‘Certain Cold-Rolled Steel
Flat Products from Japan: Advisement of NonParticipation in Investigation,’’ dated November 25,
2015; see also Letter from NSSMC, ‘‘Certain ColdRolled Steel Flat Products from Japan: NSSMC’s
Response to Issuance of the Antidumping Duty
Questionnaire,’’ dated December 1, 2015.
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adverse facts available to JFE and
NSSMC, in accordance with section
776(b) of Act. See Preliminary Decision
Memorandum for a complete
explanation of the methodology and
analysis underlying our preliminary
application of adverse facts available.
After JFE and NSSMC informed the
Department that they would not
participate in this investigation as
mandatory respondents, we selected
Hitachi Metals Limited (‘‘Hitachi’’) as a
voluntary respondent on December 10,
2015.9 On February 22, 2016,
Petitioners 10 provided a revised scope
clarifying Petitioners’ intent with regard
to the scope of the investigation to
exclude ultra-tempered automotive steel
from the scope of the investigation and
to limit application of this scope
exclusion only to this cold-rolled steel
from Japan investigation, which we
have accepted for this preliminary
determination.11 Because all of Hitachi’s
reported home market sales, U.S. sales,
and production costs were comprised
entirely of ultra-tempered automotive
steel strip that meets the specification of
the ultra-tempered steel scope
exclusion, Hitachi does not have any
sales during the POI to investigate and
calculate a margin.12 See Preliminary
Scope Decision Memoranda for a
complete discussion.
Preliminary Affirmative Determination
of Critical Circumstances
On October 30, 2015, Petitioners filed
timely critical circumstances
allegations, pursuant to section 733(e)(1)
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of the
merchandise under consideration from
Japan.13 In accordance with 19 CFR
351.206(c)(2)(i), when a critical
circumstances allegation is submitted
9 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Antidumping
Duty Investigation of Certain Cold-Rolled Steel Flat
Products from Japan: Whether to Selection
Additional Mandatory and/or Voluntary
Respondents,’’ dated December 10, 2015.
10 United States Steel Corporation, AK Steel
Corporation, ArcelorMittal USA LLC, Nucor
Corporation, Steel Dynamics, Inc., and United
States Steel Corporation.
11 See Letter from Petitioners, ‘‘Certain ColdRolled Steel Flat Products from Japan: Response to
Additional Information Request Regarding Scope,’’
dated February 22, 2016.
12 See Preliminary Scope Decision Memoranda.
See also Letter from Hitachi Metals, ‘‘Certain ColdRolled Steel Flat Products from Japan: Hitachi
Metals’ Pre-Preliminary Determination Comments,’’
dated February 12, 2016.
13 See Letter from Petitioners, ‘‘Certain ColdRolled Steel Flat Products From The People’s
Republic of China, Japan, And the Russian
Federation—Petitioners’ Critical Circumstances
Allegation,’’ dated October 30, 2015.
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more than 20 days before the scheduled
date of the preliminary determination,
the Department will issue a preliminary
finding whether there is a reasonable
basis to believe or suspect that critical
circumstances exist no later than the
date of the preliminary determination.
Based on our analyses, in accordance
with section 733(e) of the Act and 19
CFR 351.206, we preliminarily find that
critical circumstances exist for each of
the mandatory respondents in the
investigation. That is, with respect to
these companies, we preliminarily
determine that (1) importers of
merchandise knew or should have
known that the exporter was selling the
merchandise under consideration at
LTFV and that there was likely to be
material injury in accordance with
section 733(e)(1)(A) of the Act; and (2)
imports of subject merchandise have
been massive over a relatively short
period in accordance with section
733(e)(1)(B) of the Act. With respect to
all other producers and exporters
subject to the investigation concerning
cold-rolled steel from Japan, we
preliminarily do not find that critical
circumstances exist. For a full
description of the methodology and
results of our critical circumstances
analysis, see the Preliminary Decision
Memorandum.
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All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all-others’’
rate shall be an amount equal to the
weighted-average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
rates that are zero, de minimis, or
determined entirely under section 776
of the Act. We cannot apply the
methodology described in section
735(c)(5)(A) of the Act to calculate the
‘‘all-others’’ rate, as all of the margins in
this preliminary determination were
calculated under section 776 of the Act.
In cases where no weighted-average
dumping margins besides zero, de
minimis, or those determined entirely
under section 776 of the Act have been
established for individually estimated
entities, in accordance with section
735(c)(5)(B) of the Act, the Department
averages the margins calculated by the
Petitioners in the Petition and applies
the result to ‘‘all-other’’ entities not
individually examined. In this case,
however, Petitioners calculated only
one margin in the Petition. Therefore,
we assigned as the ‘‘all-others’’ rate the
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Jkt 238001
only margin in the Petition, which is
71.35 percent.14
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Exporter/producer
JFE Steel Corporation ................
Nippon Steel & Sumitomo Metal
Corporation .............................
All-Others ....................................
Weightedaverage
margin
(percent)
Disclosure and Public Comment
71.35
71.35
We will disclose the calculations that
we performed in this investigation to
interested parties in this proceeding
within five days after the date of public
announcement of the preliminary
determination in accordance with 19
CFR 351.224(b). Interested parties are
invited to comment on this preliminary
determination. Interested parties may
submit case briefs to the Department no
later than 30 days after the publication
of this preliminary determination.
Rebuttal briefs, the content of which is
limited to the issues raised in the case
briefs, must be filed within five days of
the deadline date for the submission of
case briefs.16 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this proceeding are encouraged to
submit with each argument: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. All documents must
be filed electronically using ACCESS.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request
for a hearing to the Assistant Secretary
for Enforcement and Compliance, U.S.
Department of Commerce. An
electronically-filed request for a hearing
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time, within 30 days after the
date of publication of this notice.17
Hearing requests should contain the
party’s name, address, and telephone
number, the number of participants, and
a list of the issues to be discussed. If a
request for a hearing is made, the
Department intends to hold the hearing
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230, at a time
and date to be determined. Parties
should confirm by telephone the date,
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 Japan, as
described in the scope of the
investigation, that is entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this notice in the Federal
Register.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. Because
we have preliminarily found that
critical circumstances exist with regard
to imports exported by the mandatory
respondents JFE and NSSMC, we will
instruct CBP to suspend liquidation of
all entries of cold-rolled steel from
Japan, as described in the scope of the
investigation, from the mandatory
respondents that are entered, or
withdrawn from warehouse, for
consumption on or after the date that is
14 See Certain Oil Country Tubular Goods From
Thailand: Preliminary Determination of Sales at
Less Than Fair Value, and Postponement of Final
Determination, 79 FR 10487 (February 25, 2014),
and accompanying Preliminary Decision
Memorandum, unchanged in Certain Oil Country
Tubular Goods From India, the Republic of Korea,
Taiwan, the Republic of Turkey, and the Socialist
Republic of Vietnam: Antidumping Duty Orders;
and Certain Oil Country Tubular Goods From the
Socialist Republic of Vietnam: Amended Final
Determination of Sales at Less Than Fair Value, 79
FR 53691 (September 10, 2014).
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90 days prior to the date on which
suspension of liquidation is first
ordered (e.g., the date of publication of
this notice). At such time, 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.15 The suspension of
liquidation will remain in effect until
further notice.
71.35
In addition, the Department
preliminarily determines that voluntary
respondent Hitachi Metals Limited has
no sales of subject merchandise during
to POI to examine.
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15 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).
16 See 19 CFR 351.309.
17 See 19 CFR 351.310(c).
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time, and location of the hearing two
days before the scheduled date.
Verification
Because none of the mandatory
respondents in this investigation
provided information requested by the
Department and the Department
preliminarily determines each of the
mandatory respondents to have been
uncooperative, verification will not be
conducted.
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 733(f) of
the Act, we are notifying the ITC of our
affirmative preliminary determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: February 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
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Appendix I—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
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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
these investigations 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 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 AI–ISS
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:
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
•
•
•
•
Ball bearing steels; 18
Tool steels; 19
Silico-manganese steel 20
Grain-oriented electrical steels (‘‘GOES’’)
as defined in the final determination of the
U.S. Department of Commerce in GrainOriented Electrical Steel From Germany,
Japan, and Poland.21
• 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.22
18 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.
19 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.
20 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.
21 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) (‘‘Grain-Oriented
Electrical Steel From Germany, Japan, and
Poland’’). 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.’’
22 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, Dec. 3, 2014) (‘‘NonOriented Electrical Steel From the People’s
Republic of China, Germany, Japan, the Republic of
Korea, Sweden, and Taiwan’’). 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
E:\FR\FM\07MRN1.SGM
07MRN1
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.’’
VerDate Sep<11>2014
18:37 Mar 04, 2016
Jkt 238001
• 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:
PO 00000
Frm 00014
Fmt 4703
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E:\FR\FM\07MRN1.SGM
07MRN1
]]>Agencies
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11747-11751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05005]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-873]
Certain Cold-Rolled Steel Flat Products From Japan: 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 Japan 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. JFE
Steel Corporation (``JFE'') and Nippon Steel & Sumitomo Metal
Corporation (``NSSMC'') are the mandatory respondents in this
investigation. The estimated weighted average dumping margins of sales
at LTFV are shown in the ``Preliminary Determination'' section of this
notice. Interested parties are invited to comment on this preliminary
determination.
DATES: Effective March 7, 2016.
FOR FURTHER INFORMATION CONTACT: Trisha Tran, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-4852.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on August 24, 2015.\1\ For a complete
[[Page 11748]]
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 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.
---------------------------------------------------------------------------
\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, Assistant Secretary for Enforcement and Compliance
``Decision Memorandum for the Preliminary Determination of the
Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat
Products from Japan'' (``Preliminary Decision Memorandum''), dated
concurrently with this notice.
---------------------------------------------------------------------------
On November 30, 2015, the Department published notice of the 50-day
postponement for the preliminary determination in this investigation,
in accordance with section 733(c)(1)(B) of the Act and 19 CFR
351.205(f)(1).\3\ In addition, the Department has exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government because of Snowstorm ``Jonas''. Thus,
all of the deadlines in this segment of the proceeding have been
extended by four business days. The revised deadline for the
preliminary determination is now February 29, 2016.\4\
---------------------------------------------------------------------------
\3\ See Certain Cold-Rolled Steel Flat Products From Brazil, the
People's Republic of China, India, Japan, the Republic of Korea, the
Russian Federation, and the United Kingdom: Postponement of
Preliminary Determinations of Antidumping Duty Investigations, 80 FR
74764 (November 30, 2015).
\4\ See Memorandum to the Record from Ronald Lorentzen, Acting
Assistant Secretary for Enforcement & Compliance, regarding
``Tolling of Administrative Deadlines as a Result of the Government
Closure during Snowstorm Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------
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. 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,\5\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., ``scope'').\6\ Certain
interested parties commented on the scope of the investigation, as it
appeared in the Initiation Notice, as well as on additional language
proposed by the Department. For a summary of the product coverage
comments and rebuttal responses submitted to the record, and an
accompanying discussion and analysis of all comments timely received,
see the Preliminary Scope Decision Memorandum.\7\ In this
investigation, the Department is preliminarily modifying the scope
language as it appeared in the Initiation Notice.
---------------------------------------------------------------------------
\5\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\6\ See Initiation Notice, 80 FR at 51199.
\7\ 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; see also Memorandum to
Christian Marsh, Deputy Assistant Secretary for Antidumping Duty
Operations, ``Certain Cold-Rolled Steel Products From Japan:
Additional Scope Comments and Decision Memorandum for the
Preliminary Determination,'' dated concurrently with this
preliminary determination (collectively, Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Pursuant to section 776(a) of the Act, the
Department preliminarily relied upon facts otherwise available to
assign estimated weighted-average dumping margins to the mandatory
respondents, JFE and NSSMC, because JFE and NSSMC each informed the
Department that they would not respond to the Department's AD
questionnaire and, therefore, would not participate in this
investigation as mandatory respondents.\8\ Therefore, the Department is
preliminarily applying adverse facts available to JFE and NSSMC, in
accordance with section 776(b) of Act. See Preliminary Decision
Memorandum for a complete explanation of the methodology and analysis
underlying our preliminary application of adverse facts available.
---------------------------------------------------------------------------
\8\ See Letter from JFE, ``Certain Cold-Rolled Steel Flat
Products from Japan: Advisement of Non-Participation in
Investigation,'' dated November 25, 2015; see also Letter from
NSSMC, ``Certain Cold-Rolled Steel Flat Products from Japan: NSSMC's
Response to Issuance of the Antidumping Duty Questionnaire,'' dated
December 1, 2015.
---------------------------------------------------------------------------
After JFE and NSSMC informed the Department that they would not
participate in this investigation as mandatory respondents, we selected
Hitachi Metals Limited (``Hitachi'') as a voluntary respondent on
December 10, 2015.\9\ On February 22, 2016, Petitioners \10\ provided a
revised scope clarifying Petitioners' intent with regard to the scope
of the investigation to exclude ultra-tempered automotive steel from
the scope of the investigation and to limit application of this scope
exclusion only to this cold-rolled steel from Japan investigation,
which we have accepted for this preliminary determination.\11\ Because
all of Hitachi's reported home market sales, U.S. sales, and production
costs were comprised entirely of ultra-tempered automotive steel strip
that meets the specification of the ultra-tempered steel scope
exclusion, Hitachi does not have any sales during the POI to
investigate and calculate a margin.\12\ See Preliminary Scope Decision
Memoranda for a complete discussion.
---------------------------------------------------------------------------
\9\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat
Products from Japan: Whether to Selection Additional Mandatory and/
or Voluntary Respondents,'' dated December 10, 2015.
\10\ United States Steel Corporation, AK Steel Corporation,
ArcelorMittal USA LLC, Nucor Corporation, Steel Dynamics, Inc., and
United States Steel Corporation.
\11\ See Letter from Petitioners, ``Certain Cold-Rolled Steel
Flat Products from Japan: Response to Additional Information Request
Regarding Scope,'' dated February 22, 2016.
\12\ See Preliminary Scope Decision Memoranda. See also Letter
from Hitachi Metals, ``Certain Cold-Rolled Steel Flat Products from
Japan: Hitachi Metals' Pre-Preliminary Determination Comments,''
dated February 12, 2016.
---------------------------------------------------------------------------
Preliminary Affirmative Determination of Critical Circumstances
On October 30, 2015, Petitioners filed timely critical
circumstances allegations, pursuant to section 733(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of the merchandise under consideration from
Japan.\13\ In accordance with 19 CFR 351.206(c)(2)(i), when a critical
circumstances allegation is submitted
[[Page 11749]]
more than 20 days before the scheduled date of the preliminary
determination, the Department will issue a preliminary finding whether
there is a reasonable basis to believe or suspect that critical
circumstances exist no later than the date of the preliminary
determination. Based on our analyses, in accordance with section 733(e)
of the Act and 19 CFR 351.206, we preliminarily find that critical
circumstances exist for each of the mandatory respondents in the
investigation. That is, with respect to these companies, we
preliminarily determine that (1) importers of merchandise knew or
should have known that the exporter was selling the merchandise under
consideration at LTFV and that there was likely to be material injury
in accordance with section 733(e)(1)(A) of the Act; and (2) imports of
subject merchandise have been massive over a relatively short period in
accordance with section 733(e)(1)(B) of the Act. With respect to all
other producers and exporters subject to the investigation concerning
cold-rolled steel from Japan, we preliminarily do not find that
critical circumstances exist. For a full description of the methodology
and results of our critical circumstances analysis, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\13\ See Letter from Petitioners, ``Certain Cold-Rolled Steel
Flat Products From The People's Republic of China, Japan, And the
Russian Federation--Petitioners' Critical Circumstances
Allegation,'' dated October 30, 2015.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all-
others'' rate shall be an amount equal to the weighted-average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any rates that are
zero, de minimis, or determined entirely under section 776 of the Act.
We cannot apply the methodology described in section 735(c)(5)(A) of
the Act to calculate the ``all-others'' rate, as all of the margins in
this preliminary determination were calculated under section 776 of the
Act. In cases where no weighted-average dumping margins besides zero,
de minimis, or those determined entirely under section 776 of the Act
have been established for individually estimated entities, in
accordance with section 735(c)(5)(B) of the Act, the Department
averages the margins calculated by the Petitioners in the Petition and
applies the result to ``all-other'' entities not individually examined.
In this case, however, Petitioners calculated only one margin in the
Petition. Therefore, we assigned as the ``all-others'' rate the only
margin in the Petition, which is 71.35 percent.\14\
---------------------------------------------------------------------------
\14\ See Certain Oil Country Tubular Goods From Thailand:
Preliminary Determination of Sales at Less Than Fair Value, and
Postponement of Final Determination, 79 FR 10487 (February 25,
2014), and accompanying Preliminary Decision Memorandum, unchanged
in Certain Oil Country Tubular Goods From India, the Republic of
Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of
Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular
Goods From the Socialist Republic of Vietnam: Amended Final
Determination of Sales at Less Than Fair Value, 79 FR 53691
(September 10, 2014).
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
JFE Steel Corporation....................................... 71.35
Nippon Steel & Sumitomo Metal Corporation................... 71.35
All-Others.................................................. 71.35
------------------------------------------------------------------------
In addition, the Department preliminarily determines that voluntary
respondent Hitachi Metals Limited has no sales of subject merchandise
during to POI to examine.
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 Japan, as described in the scope
of the investigation, that is entered, or withdrawn from warehouse, for
consumption on or after the date of publication of this notice in the
Federal Register.
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. Because we have
preliminarily found that critical circumstances exist with regard to
imports exported by the mandatory respondents JFE and NSSMC, we will
instruct CBP to suspend liquidation of all entries of cold-rolled steel
from Japan, as described in the scope of the investigation, from the
mandatory respondents that are entered, or withdrawn from warehouse,
for consumption on or after the date that is 90 days prior to the date
on which suspension of liquidation is first ordered (e.g., the date of
publication of this notice). At such time, 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.\15\ The suspension of liquidation will remain in effect until
further notice.
---------------------------------------------------------------------------
\15\ 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).
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Disclosure and Public Comment
We will disclose the calculations that we performed in this
investigation to interested parties in this proceeding within five days
after the date of public announcement of the preliminary determination
in accordance with 19 CFR 351.224(b). Interested parties are invited to
comment on this preliminary determination. Interested parties may
submit case briefs to the Department no later than 30 days after the
publication of this preliminary determination. Rebuttal briefs, the
content of which is limited to the issues raised in the case briefs,
must be filed within five days of the deadline date for the submission
of case briefs.\16\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2),
parties who submit case briefs or rebuttal briefs in this proceeding
are encouraged to submit with each argument: (1) A statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities. All documents must be filed electronically using ACCESS.
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\16\ See 19 CFR 351.309.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request for a hearing to the
Assistant Secretary for Enforcement and Compliance, U.S. Department of
Commerce. An electronically-filed request for a hearing must be
received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time, within 30 days after the date of publication of this notice.\17\
Hearing requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. If a request for a hearing is made, the Department
intends to hold the hearing at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
date to be determined. Parties should confirm by telephone the date,
[[Page 11750]]
time, and location of the hearing two days before the scheduled date.
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\17\ See 19 CFR 351.310(c).
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Verification
Because none of the mandatory respondents in this investigation
provided information requested by the Department and the Department
preliminarily determines each of the mandatory respondents to have been
uncooperative, verification will not be conducted.
International Trade Commission (``ITC'') Notification
In accordance with section 733(f) of the Act, we are notifying the
ITC of our affirmative preliminary determination of sales at LTFV. If
our final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: February 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--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 these investigations 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 AI-ISS
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; \18\
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\18\ 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; \19\
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\19\ 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 steel \20\
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\20\ 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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Grain-oriented electrical steels (``GOES'') as defined in
the final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel From Germany, Japan, and Poland.\21\
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\21\ 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) (``Grain-Oriented Electrical Steel From Germany, Japan, and
Poland''). 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.''
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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.\22\
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\22\ 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, Dec. 3, 2014) (``Non-Oriented Electrical Steel From the
People's Republic of China, Germany, Japan, the Republic of Korea,
Sweden, and Taiwan''). 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.''
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[[Page 11751]]
Also excluded from the scope of this investigation is ultra-
tempered automotive steel, which is hardened, tempered, surface
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polished, and meets the following specifications:
Thickness: less than or equal to 1.0 mm;
Width: less than or equal to 330 mm;
Chemical composition:
----------------------------------------------------------------------------------------------------------------
Element C Si Mn P S
----------------------------------------------------------------------------------------------------------------
Weight %..................... 0.90-1.05 0.15-0.35 0.30-0.50 Less than or Less than or
equal to 0.03. equal to
0.006.
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Physical properties:
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Flatness of less than 0.2%
Width less than or equal to 150 mm of nominal strip width
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Width of 150 to 330 mm.................... Flatness of less than 5 mm
of nominal strip width.
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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 [mu]m Rz;
Non-metallic inclusion:
[ssquf] Sulfide inclusion less than or equal to 0.04% (area
percentage)
[ssquf] Oxide inclusion less than or equal to 0.05% (area
percentage); and
[ssquf] The mill test certificate must demonstrate that the steel is
proprietary grade ``PK'' and specify the following:
[ssquf] The exact tensile strength, which must be greater than or
equal to 1600 N/mm\2\;
[ssquf] The exact hardness, which must be greater than or equal to
465 Vickers hardness number;
[ssquf] The exact elongation, which must be between 2.5% and 9.5%;
and
[ssquf] Certified as having residual compressive stress within a
range of 100 to 400 N/mm\2\.
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.
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 All-Others Rate
VII. Preliminary Determination of Critical Circumstances
VIII. Verification
IX. Conclusion
[FR Doc. 2016-05005 Filed 3-4-16; 8:45 am]
BILLING CODE 3510-DS-P
