Certain Cold-Rolled Steel Flat Products From the United Kingdom: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 11744-11747 [2016-05007]
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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 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 (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 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 (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
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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. Affiliation and Collapsing
VII. Discussion of The Methodology
Comparisons to Fair Value
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. NV
A. Comparison Market Viability
B. Affiliated Party Transactions and Arm’sLength Test
C. Level of Trade
D. COP 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. Adjustments To Cash Deposit Rates for
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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Export Subsidies in Companion
Countervailing Duty Investigation
XIV. Verification
XV. Conclusion
[FR Doc. 2016–05003 Filed 3–4–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–412–824]
Certain Cold-Rolled Steel Flat Products
From the United Kingdom: 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 the
United Kingdom 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 Date: March 7, 2016.
FOR FURTHER INFORMATION CONTACT:
Thomas Schauer, 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) 482–0410.
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,
Assistant Secretary for Enforcement and
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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.
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the recent closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the preliminary
determination of this investigation is
now February 29, 2016.3
Scope of the Investigation
The product covered by this
investigation is cold-rolled steel from
the United Kingdom. For a full
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix I.
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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
Compliance, ‘‘Decision Memorandum for the
Preliminary Determination in the Less-Than-FairValue Investigation of Certain Cold-Rolled Steel
Flat Products from the United Kingdom’’
(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.
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determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 The
Department is preliminarily not
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. Export prices have been
calculated in accordance with section
772(a) of the Act. Constructed export
prices have been calculated in
accordance with section 772(b) of the
Act. Normal value (NV) is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A)
of the Act provide that in the
preliminary determination the
Department shall determine an
estimated all-others rate for all exporters
and producers not individually
investigated, which shall be an amount
equal to the weighted average of the
estimated weighted-average dumping
margins established for exporters and
producers individually investigated,
excluding any zero and de minimis
margins, and any margins determined
entirely under section 776 of the Act.7
Therefore, we preliminary calculated
the all-others rate based on a weightedaverage of the dumping margins
calculated for the mandatory
respondents using each company’s
publicly-ranged values for the
merchandise under consideration.8
6 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.
7 With two respondents, we would normally
calculate (A) a weighted-average of the dumping
margins calculated for the mandatory respondents;
(B) a simple average of the dumping margins
calculated for the mandatory respondents; and (C)
a weighted-average of the dumping margins
calculated for the mandatory respondents using
each company’s publicly-ranged values for the
merchandise under consideration. We would
compare (B) and (C) to (A) and select the rate closest
to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof
From France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
8 See Memorandum to the File, From Thomas
Schauer, Senior International Trade Compliance
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Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Exporter/producer
Weightedaverage
margin
(percent)
Caparo Precision Strip, Ltd. .......
Tata Steel UK Ltd. ......................
All-Others ....................................
5.79
31.39
28.03
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 United Kingdom 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.
Pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit equal to the weightedaverage amount by which the NV
exceeds U.S. price as indicated in the
chart above. These suspension of
liquidation instructions will remain in
effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties are invited to
comment on this preliminary
determination. Case briefs or other
written comments may be submitted to
the Assistant Secretary for Enforcement
and Compliance no later than seven
days after the date on which the final
verification report is issued in this
proceeding, and rebuttal briefs, limited
to issues raised in case briefs, may be
submitted no later than five days after
the deadline date for case briefs.9
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.
Analyst, ‘‘Antidumping Duty Investigation of
Certain Cold-Rolled Steel Flat Products From the
United Kingdom: Calculation of All-Others Rate,’’
dated concurrently with this preliminary
determination.
9 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filings requirements).
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Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce. All documents must be filed
electronically using ACCESS. An
electronically-filed request must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time,
within 30 days after the date of
publication of this notice.10 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, 1401
Constitution Avenue NW., Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Verification
As provided in section 782(i) of the
Act, we intend to verify information
relied upon in making our final
determination.
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Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by petitioners. 19
CFR 351.210(e)(2) requires that requests
by respondents for postponement of a
final antidumping determination be
accompanied by a request for extension
of provisional measures from a fourmonth period to a period not more than
six months in duration.
On February 22, 2016, pursuant to 19
CFR 351.210(b) and (e), Tata Steel UK
Ltd. requested that, contingent upon an
affirmative preliminary determination of
sales at LTFV for the respondents, the
Department postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.11
10 See
19 CFR 351.310(c).
Letter to the Secretary of Commerce from
Tata Steel UK Ltd., ‘‘Antidumping Duty
Investigation of Certain Cold-Rolled Steel Flat
Products From the United Kingdom: Request for
11 See
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In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise;12
and (3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.13
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), 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
Postponement of Final Determination’’ (February
22, 2016).
12 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from Minoo
Hatten, Program Manager, for Antidumping and
Countervailing Duty Operations, Office I,
‘‘Antidumping Duty Investigation of Certain ColdRolled Steel Flat Products From the United
Kingdom: Respondent Selection,’’ dated September
14, 2015.
13 See also 19 CFR 351.210(e).
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(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))
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
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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
VerDate Sep<11>2014
18:37 Mar 04, 2016
Jkt 238001
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.’’
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
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,
E:\FR\FM\07MRN1.SGM
Continued
07MRN1
]]>Agencies
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11744-11747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05007]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-412-824]
Certain Cold-Rolled Steel Flat Products From the United Kingdom:
Affirmative Preliminary Determination of Sales at Less Than Fair Value,
Postponement of Final Determination and Extension of Provisional
Measures
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 United Kingdom 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.
DATES: Effective Date: March 7, 2016.
FOR FURTHER INFORMATION CONTACT: Thomas Schauer, 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) 482-0410.
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
[[Page 11745]]
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 in the Less-
Than-Fair-Value Investigation of Certain Cold-Rolled Steel Flat
Products from the United Kingdom'' (Preliminary Decision
Memorandum), dated concurrently with this notice.
---------------------------------------------------------------------------
As explained in the memorandum from the Acting Assistant Secretary
for Enforcement and Compliance, the Department has exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government. All deadlines in this segment of the
proceeding have been extended by four business days. The revised
deadline for the preliminary determination of this investigation is now
February 29, 2016.\3\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is cold-rolled steel from
the United Kingdom. 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 Scope Decision
Memorandum.\6\ The Department is preliminarily not modifying the scope
language as it appeared in the Initiation Notice.
---------------------------------------------------------------------------
\4\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997).
\5\ See Initiation Notice, 80 FR at 51199.
\6\ 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. Export prices have been calculated in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying our
preliminary conclusions, see the Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination the Department shall determine an
estimated all-others rate for all exporters and producers not
individually investigated, which shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis margins, and any margins determined
entirely under section 776 of the Act.\7\ Therefore, we preliminary
calculated the all-others rate based on a weighted-average of the
dumping margins calculated for the mandatory respondents using each
company's publicly-ranged values for the merchandise under
consideration.\8\
---------------------------------------------------------------------------
\7\ With two respondents, we would normally calculate (A) a
weighted-average of the dumping margins calculated for the mandatory
respondents; (B) a simple average of the dumping margins calculated
for the mandatory respondents; and (C) a weighted-average of the
dumping margins calculated for the mandatory respondents using each
company's publicly-ranged values for the merchandise under
consideration. We would compare (B) and (C) to (A) and select the
rate closest to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
\8\ See Memorandum to the File, From Thomas Schauer, Senior
International Trade Compliance Analyst, ``Antidumping Duty
Investigation of Certain Cold-Rolled Steel Flat Products From the
United Kingdom: Calculation of All-Others Rate,'' dated concurrently
with this preliminary determination.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Caparo Precision Strip, Ltd................................. 5.79
Tata Steel UK Ltd........................................... 31.39
All-Others.................................................. 28.03
------------------------------------------------------------------------
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 United Kingdom 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.
Pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d),
the Department will instruct CBP to require a cash deposit equal to the
weighted-average amount by which the NV exceeds U.S. price as indicated
in the chart above. These suspension of liquidation instructions will
remain in effect until further notice.
Disclosure and Public Comment
We intend to disclose the calculations performed to interested
parties in this proceeding within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b). Interested parties
are invited to comment on this preliminary determination. Case briefs
or other written comments may be submitted to the Assistant Secretary
for Enforcement and Compliance no later than seven days after the date
on which the final verification report is issued in this proceeding,
and rebuttal briefs, limited to issues raised in case briefs, may be
submitted no later than five days after the deadline date for case
briefs.\9\ 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.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filings requirements).
---------------------------------------------------------------------------
[[Page 11746]]
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce.
All documents must be filed electronically using ACCESS. An
electronically-filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the
date of publication of this notice.\10\ 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, 1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
petitioners. 19 CFR 351.210(e)(2) requires that requests by respondents
for postponement of a final antidumping determination be accompanied by
a request for extension of provisional measures from a four-month
period to a period not more than six months in duration.
On February 22, 2016, pursuant to 19 CFR 351.210(b) and (e), Tata
Steel UK Ltd. requested that, contingent upon an affirmative
preliminary determination of sales at LTFV for the respondents, the
Department postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\11\
---------------------------------------------------------------------------
\11\ See Letter to the Secretary of Commerce from Tata Steel UK
Ltd., ``Antidumping Duty Investigation of Certain Cold-Rolled Steel
Flat Products From the United Kingdom: Request for Postponement of
Final Determination'' (February 22, 2016).
---------------------------------------------------------------------------
In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise;\12\ and (3) no
compelling reasons for denial exist, we are postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, we will
make our final determination no later than 135 days after the date of
publication of this preliminary determination, pursuant to section
735(a)(2) of the Act.\13\
---------------------------------------------------------------------------
\12\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
Minoo Hatten, Program Manager, for Antidumping and Countervailing
Duty Operations, Office I, ``Antidumping Duty Investigation of
Certain Cold-Rolled Steel Flat Products From the United Kingdom:
Respondent Selection,'' dated September 14, 2015.
\13\ See also 19 CFR 351.210(e).
---------------------------------------------------------------------------
International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, we are notifying the
ITC of our affirmative preliminary determination of sales at LTFV. If
our final determination is affirmative, the ITC will determine before
the later of 120 days after the date of this preliminary determination
or 45 days after our final determination whether these imports are
materially injuring, or threaten material injury to, the U.S. industry.
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: 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 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
[[Page 11747]]
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Tool steels; \15\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Silico-manganese steel; \16\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.\17\
---------------------------------------------------------------------------
\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 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.''
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\18\ 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). 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.
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
B. Affiliated Party Transactions and Arm's-Length 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 Comparison-Market Prices
XII. Currency Conversion
XIII. Conclusion
[FR Doc. 2016-05007 Filed 3-4-16; 8:45 am]
BILLING CODE 3510-DS-P
