Certain Cold-Rolled Steel Flat Products From Brazil: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 11754-11757 [2016-05008]
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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Electrical Steel From Germany, Japan, and
Poland.19
• Non-Oriented Electrical Steels (NOES), as
defined in the antidumping orders issued by
the U.S. Department of Commerce in NonOriented Electrical Steel From the People’s
Republic of China, Germany, Japan, the
Republic of Korea, Sweden, and Taiwan.20
The products subject to this investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7209.15.0000,
7209.16.0030, 7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030, 7209.17.0060,
7209.17.0070, 7209.17.0091, 7209.18.1530,
7209.18.1560, 7209.18.2510, 7209.18.2520,
7209.18.2580, 7209.18.6020, 7209.18.6090,
7209.25.0000, 7209.26.0000, 7209.27.0000,
7209.28.0000, 7209.90.0000, 7210.70.3000,
7211.23.1500, 7211.23.2000, 7211.23.3000,
7211.23.4500, 7211.23.6030, 7211.23.6060,
7211.23.6090, 7211.29.2030, 7211.29.2090,
7211.29.4500, 7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7225.50.6000, 7225.50.8080, 7225.99.0090,
7226.92.5000, 7226.92.7050, and
7226.92.8050. The products subject to the
investigation may also enter under the
following HTSUS numbers: 7210.90.9000,
7212.50.0000, 7215.10.0010, 7215.10.0080,
7215.50.0016, 7215.50.0018, 7215.50.0020,
7215.50.0061, 7215.50.0063, 7215.50.0065,
7215.50.0090, 7215.90.5000, 7217.10.1000,
7217.10.2000, 7217.10.3000, 7217.10.7000,
7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.19.0000, 7226.19.1000,
7226.19.9000, 7226.99.0180, 7228.50.5015,
7228.50.5040, 7228.50.5070, 7228.60.8000,
and 7229.90.1000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
19 See Grain-Oriented Electrical Steel From
Germany, Japan, and Poland: Final Determinations
of Sales at Less Than Fair Value and Certain Final
Affirmative Determination of Critical
Circumstances, 79 FR 42,501, 42,503 (Dep’t of
Commerce, July 22, 2014). This determination
defines grain-oriented electrical steel as ‘‘a flatrolled alloy steel product containing by weight at
least 0.6 percent but not more than 6 percent of
silicon, not more than 0.08 percent of carbon, not
more than 1.0 percent of aluminum, and no other
element in an amount that would give the steel the
characteristics of another alloy steel, in coils or in
straight lengths.’’
20 See Non-Oriented Electrical Steel From the
People’s Republic of China, Germany, Japan, the
Republic of Korea, Sweden, and Taiwan:
Antidumping Duty Orders, 79 FR 71,741, 71,741–
42 (Dep’t of Commerce, December 3, 2014). The
orders define NOES as ‘‘cold-rolled, flat-rolled,
alloy steel products, whether or not in coils,
regardless of width, having an actual thickness of
0.20 mm or more, in which the core loss is
substantially equal in any direction of
magnetization in the plane of the material. The term
‘substantially equal’ means that the cross grain
direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of
core loss. NOES has a magnetic permeability that
does not exceed 1.65 Tesla when tested at a field
of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the sheet (i.e.,
B800 value). NOES contains by weight more than
1.00 percent of silicon but less than 3.5 percent of
silicon, not more than 0.08 percent of carbon, and
not more than 1.5 percent of aluminum. NOES has
a surface oxide coating, to which an insulation
coating may be applied.’’
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purposes only. The written description of the
scope of the investigation is dispositive.
[FR Doc. 2016–05001 Filed 3–4–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–843]
Certain Cold-Rolled Steel Flat Products
From Brazil: Affirmative Preliminary
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain cold-rolled steel
flat products (cold-rolled steel) from
Brazil are being, or are likely to be, sold
in the United States at less than fair
value (LTFV), as provided in section
733(b) of the Tariff Act of 1930, as
amended (the Act). The period of
investigation (POI) is July 1, 2014,
through June 30, 2015. The estimated
weighted-average dumping margins of
sales at LTFV are shown in the
‘‘Preliminary Determination’’ section of
this notice. Interested parties are invited
to comment on this preliminary
determination.
AGENCY:
DATES:
Effective March 7, 2016.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Joseph Shuler, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3477 or (202) 482–1293,
respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice
of initiation of this investigation on
August 24, 2015.1 For a complete
description of the events that followed
the initiation of this investigation, see
the memorandum that is dated
concurrently with this determination
and hereby adopted by this notice.2 A
1 See Certain Cold-Rolled Steel Flat Products
From Brazil, the People’s Republic of China, India,
Japan, the Republic of Korea, the Netherlands, the
Russian Federation, and the United Kingdom:
Initiation of Less-Than-Fair-Value Investigations, 80
FR 51198 (August 24, 2015) (Initiation Notice).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
PO 00000
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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.
On January 27, 2016, the Department
exercised its discretion to toll its
administrative deadlines due to the
closure of the Federal Government.
Thus, the deadline for this preliminary
determination has been extended by
four business days. The revised
deadline for this preliminary
determination is February 29, 2016.3
Scope of the Investigation
The product covered by this
investigation is cold-rolled steel from
Brazil. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,4 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
product coverage (i.e., ‘‘scope’’).5
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice, as
well as additional language proposed by
the Department. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
Preliminary Determination in the Less-Than-FairValue Investigation of Certain Cold-Rolled Steel
Flat Products from Brazil’’ (Preliminary Decision
Memorandum), dated concurrently with this notice.
3 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm ‘Jonas,’ ’’ dated January 27, 2016.
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 80 FR at 51199.
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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, we will direct U.S. Customs
and Border Protection (CBP) to suspend
liquidation of all entries of cold-rolled
steel from Brazil 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, adjusted where
appropriate for export subsidies, as
follows: (1) The rates for CSN and
Usiminas, when adjusted for export
subsidies, are 34.8 and 35.11 percent,
respectively; (2) if the exporter is not a
firm identified in this investigation, but
the producer is, the rate will be the rate
established for the producer of the
subject merchandise, less export
subsidies; (3) the rate for all other
producers or exporters when adjusted
for export subsidies is 34.95 percent.8
These suspension of liquidation
instructions will remain in effect until
further notice.
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.
Disclosure
We will 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
Preliminary Determination
determination. Case briefs or other
written comments may be submitted to
The Department preliminarily
determines that the following weighted- the Assistant Secretary for Enforcement
and Compliance no later than seven
average dumping margins exist:
days after the date on which the final
Weighted- verification report is issued in this
proceeding, and rebuttal briefs, limited
average
Exporter/producer
margin
to issues raised in case briefs, may be
(percent)
submitted no later than five days after
the deadline date for case briefs.9
Companhia Siderurgica Nacional
38.93
Pursuant to 19 CFR 351.309(c)(2) and
Usinas Siderurgicas de Minas
Gerais S.A. (Usiminas) ...........
38.93 (d)(2), parties who submit case briefs or
All-Others ....................................
38.93 rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
6 See Memorandum to Christian Marsh, Deputy
(2) a brief summary of the argument;
Assistant Secretary for Antidumping and
and (3) a table of authorities.
Countervailing Duty Operations, ‘‘Certain ColdPursuant to 19 CFR 351.310(c),
Rolled Steel Products From Brazil, the People’s
interested parties who wish to request a
Republic of China, India, Japan, the Republic of
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 the
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, and February 25,
2016, pursuant to 19 CFR 351.210(e),
CSN and Usiminas requested that the
Department postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.11
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
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
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act. For purposes of
this preliminary determination, we are
assigning as the ‘‘all-others’’ rate the rate
of 34.95 percent, which is based on the
estimated dumping margin calculated
for Companhia Siderurgica Nacional
(CSN), the only mandatory respondent
for which we calculated a dumping
margin, less export subsidies.7
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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Korea, the Russian Federation, and the United
Kingdom: Scope Comments Decision Memorandum
for the Preliminary Determinations’’ (Preliminary
Scope Decision Memorandum), dated concurrently
with this preliminary determination.
7 See memorandum entitled, ‘‘Antidumping Duty
Investigation of Certain Cold-Rolled Steel Flat
Products from Brazil: Calculation of All-Others
Rate’’ (All-Others Rate Memorandum), dated
February 29, 2016.
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8 See Countervailing Duty Investigation of Certain
Cold-Rolled Steel Flat Products From Brazil:
Preliminary Affirmative Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 80 FR 79569
(Dec. 22, 2015) and the accompanying preliminary
decision memorandum, dated December 15, 2015;
see also the All-Others Rate Memorandum.
9 See 19 CFR 351.309.
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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
10 See
19 CFR 351.310(c).
Letter to the Secretary of Commerce from
CSN, ‘‘Request for Postponement of Final
Determinations,’’ (February 22, 2016). See also
letter to the Secretary of Commerce from Usiminas,
‘‘Cold-Rolled and Hot-Rolled Steel Flat Products
from Brazil; Request for Postponement of Final
Determinations,’’ (February 25, 2016).
11 See
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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
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 exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.12
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.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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
12 See
also 19 CFR 351.210(e).
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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
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
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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; 13
• Tool steels; 14
• Silico-manganese steel; 15
• 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.16
• Non-Oriented Electrical Steels (NOES),
as defined in the antidumping orders issued
by the U.S. Department of Commerce in NonOriented Electrical Steel From the People’s
Republic of China, Germany, Japan, the
Republic of Korea, Sweden, and Taiwan.17
13 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.
14 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.
15 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.
16 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.’’
17 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
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Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Notices
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.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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. Discussion of Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
C. Application of Facts Available and
Adverse Inferences
VII. Date of Sale
VIII. Product Comparisons
IX. Constructed Export Price
X. Normal Value
A. Comparison Market Viability
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
XI. Currency Conversion
tested at a field of 800 A/m (equivalent to 10
Oersteds) along (i.e., parallel to) the rolling
direction of the sheet (i.e., B800 value). NOES
contains by weight more than 1.00 percent of
silicon but less than 3.5 percent of silicon, not more
than 0.08 percent of carbon, and not more than 1.5
percent of aluminum. NOES has a surface oxide
coating, to which an insulation coating may be
applied.’’
VerDate Sep<11>2014
18:37 Mar 04, 2016
Jkt 238001
XII. Conclusion
[FR Doc. 2016–05008 Filed 3–4–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–881]
Certain Cold-Rolled Steel Flat Products
From the Republic of Korea:
Affirmative Preliminary Determination
of Sales at Less Than Fair Value and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain cold-rolled steel
flat products (cold-rolled steel) from the
Republic of Korea (Korea) are being, or
are likely to be, sold in the United States
at less than fair value (LTFV), as
provided in section 733(b) of the Tariff
Act of 1930, as amended (the Act). The
period of investigation (POI) is 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 March 7, 2016.
FOR FURTHER INFORMATION CONTACT:
Victoria Cho or Steve Bezirganian, 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) 482–5075 or (202) 482–
1131.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published the notice
of initiation of this investigation on
August 24, 2015.1 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision Memorandum
that is dated concurrently with this
determination and hereby adopted by
this notice.2 A list of topics included in
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
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
11757
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 & 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
Korea. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I.
Scope Comments
In accordance with the preamble to
the Department’s regulations,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
Preliminary Determination in the Less-Than-FairValue Investigation of Certain Cold-Rolled Steel
Flat Products from the Republic of Korea’’
(Preliminary Decision Memorandum), dated
concurrently with this notice.
3 See Memorandum to the Record from Ron
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.
4 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 80 FR at 51199.
E:\FR\FM\07MRN1.SGM
07MRN1
]]>Agencies
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Notices]
[Pages 11754-11757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05008]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-843]
Certain Cold-Rolled Steel Flat Products From Brazil: Affirmative
Preliminary Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
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 Brazil are being, or are likely to be, sold in the United
States at less than fair value (LTFV), as provided in section 733(b) of
the Tariff Act of 1930, as amended (the Act). The period of
investigation (POI) is July 1, 2014, through June 30, 2015. The
estimated weighted-average dumping margins of sales at LTFV are shown
in the ``Preliminary Determination'' section of this notice. Interested
parties are invited to comment on this preliminary determination.
DATES: Effective March 7, 2016.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Joseph Shuler, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-3477 or (202)
482-1293, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice of initiation of this
investigation on August 24, 2015.\1\ For a complete description of the
events that followed the initiation of this investigation, see the
memorandum that is dated concurrently with this determination and
hereby adopted by this notice.\2\ A 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 Brazil'' (Preliminary Decision Memorandum), dated
concurrently with this notice.
---------------------------------------------------------------------------
On January 27, 2016, the Department exercised its discretion to
toll its administrative deadlines due to the closure of the Federal
Government. Thus, the deadline for this preliminary determination has
been extended by four business days. The revised deadline for this
preliminary determination is February 29, 2016.\3\
---------------------------------------------------------------------------
\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
Brazil. For a full description of the scope of this investigation, see
the ``Scope of the Investigation,'' in Appendix I.
Scope Comments
In accordance with the preamble to the Department's regulations,\4\
the Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., ``scope'').\5\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice, as well as additional language
proposed by the Department. For a summary of the product coverage
comments and rebuttal responses submitted to the record for this
preliminary determination, and accompanying discussion and analysis of
all comments timely received, see the Preliminary
[[Page 11755]]
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'' (Preliminary Scope
Decision Memorandum), 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
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 zero and de
minimis margins, and any margins determined entirely under section 776
of the Act. For purposes of this preliminary determination, we are
assigning as the ``all-others'' rate the rate of 34.95 percent, which
is based on the estimated dumping margin calculated for Companhia
Siderurgica Nacional (CSN), the only mandatory respondent for which we
calculated a dumping margin, less export subsidies.\7\
---------------------------------------------------------------------------
\7\ See memorandum entitled, ``Antidumping Duty Investigation of
Certain Cold-Rolled Steel Flat Products from Brazil: Calculation of
All-Others Rate'' (All-Others Rate Memorandum), dated February 29,
2016.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Companhia Siderurgica Nacional.............................. 38.93
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas)......... 38.93
All-Others.................................................. 38.93
------------------------------------------------------------------------
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 Brazil 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, adjusted
where appropriate for export subsidies, as follows: (1) The rates for
CSN and Usiminas, when adjusted for export subsidies, are 34.8 and
35.11 percent, respectively; (2) if the exporter is not a firm
identified in this investigation, but the producer is, the rate will be
the rate established for the producer of the subject merchandise, less
export subsidies; (3) the rate for all other producers or exporters
when adjusted for export subsidies is 34.95 percent.\8\ These
suspension of liquidation instructions will remain in effect until
further notice.
---------------------------------------------------------------------------
\8\ See Countervailing Duty Investigation of Certain Cold-Rolled
Steel Flat Products From Brazil: Preliminary Affirmative
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 80 FR 79569 (Dec. 22, 2015) and the
accompanying preliminary decision memorandum, dated December 15,
2015; see also the All-Others Rate Memorandum.
---------------------------------------------------------------------------
Disclosure
We will 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.
---------------------------------------------------------------------------
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
the 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, and February 25, 2016, pursuant to 19 CFR
351.210(e), CSN and Usiminas requested that 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 CSN, ``Request
for Postponement of Final Determinations,'' (February 22, 2016). See
also letter to the Secretary of Commerce from Usiminas, ``Cold-
Rolled and Hot-Rolled Steel Flat Products from Brazil; Request for
Postponement of Final Determinations,'' (February 25, 2016).
---------------------------------------------------------------------------
[[Page 11756]]
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 exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination and
extending the provisional measures from a four-month period to a period
not greater than six months. Accordingly, we will make our final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.\12\
---------------------------------------------------------------------------
\12\ 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 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; \13\
---------------------------------------------------------------------------
\13\ 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; \14\
---------------------------------------------------------------------------
\14\ 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; \15\
---------------------------------------------------------------------------
\15\ 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.\16\
---------------------------------------------------------------------------
\16\ 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.\17\
---------------------------------------------------------------------------
\17\ 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.''
---------------------------------------------------------------------------
[[Page 11757]]
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. Discussion of Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
C. Application of Facts Available and Adverse Inferences
VII. Date of Sale
VIII. Product Comparisons
IX. Constructed Export Price
X. 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
XI. Currency Conversion
XII. Conclusion
[FR Doc. 2016-05008 Filed 3-4-16; 8:45 am]
BILLING CODE 3510-DS-P
