Certain Cold-Rolled Steel Flat Products from the Russian Federation: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Affirmative Preliminary Determination of Critical Circumstances, and Postponement of Final Determination, 12072-12075 [2016-05000]
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Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 / Notices
than 5:00 p.m. EST on Friday, May 13,
2016, to ensure transmission to the
Committee prior to the meeting.
Comments received after that date will
be distributed to the members but may
not be considered at the meeting.
Copies of RE&EEAC meeting minutes
will be available within 30 days
following the meeting.
Dated: March 2, 2016.
Adam O’Malley,
Director, Office of Energy and Environmental
Industries.
[FR Doc. 2016–05189 Filed 3–7–16; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–822]
Certain Cold-Rolled Steel Flat Products
from the Russian Federation:
Affirmative Preliminary Determination
of Sales at Less Than Fair Value,
Affirmative Preliminary Determination
of Critical Circumstances, and
Postponement of Final Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) preliminarily
determines that cold-rolled steel flat
products (‘‘cold-rolled steel’’) from the
Russian Federation (‘‘Russia’’) 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 8, 2016.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita, Eve Wang, or Alex
Rosen, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4243, (202) 482–6231, or (202) 482–
7814, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the notice
of initiation of this investigation on
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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.
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department exercised its discretion to
toll deadlines as a result of the closure
of the Federal Government for
Snowstorm Jonas.3 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.
Scope of the Investigation
The product covered by this
investigation is cold-rolled steel from
Russia. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I.
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 Antidumping
Duty Investigation of Certain Cold-Rolled Steel Flat
Products from the Russian Federation’’
(‘‘Preliminary Decision Memorandum’’), dated
concurrently with this notice.
3 See Memorandum to the file from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Tolling of
Administrative Deadlines as a Result of the
Government Closure during Snowstorm ‘Jonas,’ ’’
dated January 27, 2016.
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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
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. 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.
Preliminary Affirmative Determination
of Critical Circumstances
On October 30, 2015, Petitioners filed
a timely critical circumstances
allegation, pursuant to section 773(e)(1)
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of the
merchandise under consideration.7 In
accordance with 19 CFR
351.206(c)(2)(i), when a critical
circumstances allegation is submitted
more than 20 days before the scheduled
date of the preliminary determination,
the Department must issue a
preliminary finding whether there is a
reasonable basis to believe or suspect
that critical circumstances exist no later
than the date of the preliminary
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 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 See letter from Petitioners, ‘‘Certain Cold-Rolled
Steel Flat Products From The People’s Republic of
China, Japan, and the Russian Federation:
Petitioners’ Critical Circumstances Allegation,’’
dated October 30, 2015.
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determination. We have conducted an
analysis of critical circumstances in
accordance with section 733(e) of the
Act and 19 CFR 351.206, and
preliminarily determine that: (1) There
is a history of dumping and material
injury by reason of dumped imports in
the United States or elsewhere of the
subject merchandise in accordance with
section 733(e)(1)(A)(i) of the Act; and (2)
imports of the subject merchandise have
been massive over a relatively short
period in accordance with section
733(e)(1)(B) of the Act. Therefore, we
preliminarily determine that critical
circumstances exist for all Russian
producers/exporters of subject
merchandise. For a full description of
the methodology and results of our
analysis, 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 or de minimis margins, and any
margins determined entirely under
section 776 of the Act. We based our
calculation of the all-others rate on the
margins calculated for Severstal Export
GmbH and PAO Severstal (collectively
‘‘Severstal’’) and Novex Trading (Swiss)
SA and Novolipetsk Steel OJSC
(collectively ‘‘NLMK’’), the two
mandatory respondents in this
investigation.
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
Exporter/producer
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Severstal Export GmbH and
PAO Severstal ..................
Novex Trading (Swiss) SA
and Novolipetsk Steel
OJSC .................................
All Others ..............................
Weightedaverage
margin
(percent)
12.62
16.89
14.76
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 Russia as described in the
scope of the investigation section
entered, or withdrawn from warehouse,
for consumption on or after the date of
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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.8 These suspension-ofliquidation instructions will remain in
effect until further notice.
Section 733(e)(2) of the Act provides
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. As
described above, we preliminarily find
that critical circumstances exist for
imports produced or exported by all
Russian exporters. Therefore, in
accordance with section 733(e)(2)(A) of
the Act, the suspension of liquidation
shall apply to unliquidated entries of
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date which is 90 days before
the publication of this notice.
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
8 The Department’s companion countervailing
duty investigation of cold-rolled steel flat products
from the Russian Federation did not find that
producers/exporters of covered merchandise
received countervailable benefits by virtue of export
subsidies. See Countervailing Duty Investigation of
Certain Cold-Rolled Steel Flat Products From the
Russian Federation: Preliminary Affirmative
Countervailing Duty Determination, Preliminary
Negative Critical Circumstances Determination, and
Alignment of Final Determination With Final
Antidumping Duty Determination, 80 FR 79564
(December 22, 2015) and accompanying Issues and
Decision Memorandum. Therefore, we made no
adjustments to the deposit rates for Severstal,
NLMK or the companies subject to the all-others
rate.
9 See 19 CFR 351.309.
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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.
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, 14th Street
and 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.
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 23, 2016, pursuant to 19
CFR 351.210(b) and (e), Severstal
requested that, contingent upon an
affirmative preliminary determination of
sales at LTFV for the respondents, the
Department postpone the final
10 See
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19 CFR 351.310(c).
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determination and that provisional
measures be extended to a period not to
exceed six months.11
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.
11 See Letter from Severstal, ‘‘Certain Cold-Rolled
Steel Flat Products from the Russian Federation:
Severstal’s Request for Postponement of Final
Determination,’’ dated February 23, 2016.
12 See also 19 CFR 351.210(e).
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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
third country, including but not limited to
annealing, tempering, painting, varnishing,
trimming, cutting, punching, and/or slitting,
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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
· 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
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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.
A. Comparison Market Viability
B. Affiliated-Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of Cost of Production
2. Test of Comparison Market Sale Prices
3. Results of the COP Test
E. Calculation of NV Based on Comparison
Market Prices
XIII. Currency Conversion
XIV. U.S. International Trade Commission
Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Conclusion
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
SUMMARY:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
I. Summary
II. Background
III. Period of Investigation
IV. Postponement of Final Determination and
Extension of Provisional Measures
V. Scope of the Investigation
VI. Preliminary Determination of Critical
Circumstances
A. Legal Framework
B. Critical Circumstances Allegation
C. Analysis
VII. Application of Facts Available and Use
of Adverse Inferences
VIII. Discussion of Methodology
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
IX. Product Comparisons
X. Date of Sale
XI. Export Price
XII. Normal Value
an actual thickness of 0.20 mm or more, in which
the core loss is substantially equal in any direction
of magnetization in the plane of the material. The
term ‘substantially equal’ means that the cross grain
direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of
core loss. NOES has a magnetic permeability that
does not exceed 1.65 Tesla when tested at a field
of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the sheet (i.e.,
B800 value). NOES contains by weight more than
1.00 percent of silicon but less than 3.5 percent of
silicon, not more than 0.08 percent of carbon, and
not more than 1.5 percent of aluminum. NOES has
a surface oxide coating, to which an insulation
coating may be applied.’’
VerDate Sep<11>2014
17:02 Mar 07, 2016
Jkt 238001
[FR Doc. 2016–05000 Filed 3–7–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE404
Marine Mammals; File No. 18978
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
Notice is hereby given that
Pam Miller, Alaska Community Action
on Toxics, 505 West Northern Lights
Blvd., Suite 205, Anchorage, AK 99503,
has applied in due form for a permit to
receive, import, and export specimens
of marine mammals for scientific
research.
DATES: Written, telefaxed, or email
comments must be received on or before
April 7, 2016.
ADDRESSES: The application and related
documents are available for review by
selecting ‘‘Records Open for Public
Comment’’ from the ‘‘Features’’ box on
the Applications and Permits for
Protected Species (APPS) home page,
https://apps.nmfs.noaa.gov, and then
selecting File No. 18978 from the list of
available applications.
These documents are also available
upon written request or by appointment
in the Permits and Conservation
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301) 427–8401; fax (301) 713–0376.
Written comments on this application
should be submitted to the Chief,
Permits and Conservation Division, at
the address listed above. Comments may
also be submitted by facsimile to (301)
713–0376, or by email to
NMFS.Pr1Comments@noaa.gov. Please
include the File No. 18978 in the subject
line of the email comment.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
12075
Those individuals requesting a public
hearing should submit a written request
to the Chief, Permits and Conservation
Division at the address listed above. The
request should set forth the specific
reasons why a hearing on this
application would be appropriate.
FOR FURTHER INFORMATION CONTACT:
Brendan Hurley or Jennifer Skidmore,
(301) 427–8401.
The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended
(MMPA; 16 U.S.C. 1361 et seq.), the
regulations governing the taking and
importing of marine mammals (50 CFR
part 216), the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531
et seq.), and the regulations governing
the taking, importing, and exporting of
endangered and threatened species (50
CFR 222–226).
The applicant proposes to measure
contaminant levels in subsistencehunted Arctic marine mammals to
determine marine mammal exposure to
polybrominated diphenyl ethers and
perfluorinated compounds. The
proposed research will contribute to
information about the levels of emerging
contaminants in marine mammals.
Researchers will work with Yupik
households and local hunters to obtain
samples from a maximum of 8 animals
per year from minke whale
(Balaenoptera acutorostrata); ringed
seal (Pusa hispida); bearded seal
(Erignathus barbatus); and ribbon seal
(Histriophoca fasciata). A maximum of
9 animals per year are requested from
bowhead whale (Balaena mysticetus)
and spotted seal (Phoca largha).
Samples would include organs, meat,
rendered oils, and blubber. No nontarget species will be affected. Samples
will come from animals subsistence
hunted on St Lawrence Island, AK. The
requested permit period is five years.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), an initial
determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of the
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 81, Number 45 (Tuesday, March 8, 2016)]
[Notices]
[Pages 12072-12075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05000]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-822]
Certain Cold-Rolled Steel Flat Products from the Russian
Federation: Affirmative Preliminary Determination of Sales at Less Than
Fair Value, Affirmative Preliminary Determination of Critical
Circumstances, and Postponement of Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') preliminarily
determines that cold-rolled steel flat products (``cold-rolled steel'')
from the Russian Federation (``Russia'') 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 8, 2016.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, Eve Wang, or Alex
Rosen, AD/CVD Operations, Office III, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230; telephone:
(202) 482-4243, (202) 482-6231, or (202) 482-7814, 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
Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat
Products from the Russian Federation'' (``Preliminary Decision
Memorandum''), dated concurrently with this notice.
---------------------------------------------------------------------------
As explained in the memorandum from the Acting Assistant Secretary
for Enforcement and Compliance, the Department exercised its discretion
to toll deadlines as a result of the closure of the Federal Government
for Snowstorm Jonas.\3\ 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\ See Memorandum to the file from Ron Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, ``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
Russia. 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. 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.
Preliminary Affirmative Determination of Critical Circumstances
On October 30, 2015, Petitioners filed a timely critical
circumstances allegation, pursuant to section 773(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of the merchandise under consideration.\7\ In
accordance with 19 CFR 351.206(c)(2)(i), when a critical circumstances
allegation is submitted more than 20 days before the scheduled date of
the preliminary determination, the Department must issue a preliminary
finding whether there is a reasonable basis to believe or suspect that
critical circumstances exist no later than the date of the preliminary
[[Page 12073]]
determination. We have conducted an analysis of critical circumstances
in accordance with section 733(e) of the Act and 19 CFR 351.206, and
preliminarily determine that: (1) There is a history of dumping and
material injury by reason of dumped imports in the United States or
elsewhere of the subject merchandise in accordance with section
733(e)(1)(A)(i) of the Act; and (2) imports of the subject merchandise
have been massive over a relatively short period in accordance with
section 733(e)(1)(B) of the Act. Therefore, we preliminarily determine
that critical circumstances exist for all Russian producers/exporters
of subject merchandise. For a full description of the methodology and
results of our analysis, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\7\ See letter from Petitioners, ``Certain Cold-Rolled Steel
Flat Products From The People's Republic of China, Japan, and the
Russian Federation: Petitioners' Critical Circumstances
Allegation,'' dated October 30, 2015.
---------------------------------------------------------------------------
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely under section 776
of the Act. We based our calculation of the all-others rate on the
margins calculated for Severstal Export GmbH and PAO Severstal
(collectively ``Severstal'') and Novex Trading (Swiss) SA and
Novolipetsk Steel OJSC (collectively ``NLMK''), the two mandatory
respondents in this investigation.
Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Severstal Export GmbH and PAO Severstal................. 12.62
Novex Trading (Swiss) SA and Novolipetsk Steel OJSC..... 16.89
All Others.............................................. 14.76
------------------------------------------------------------------------
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 Russia 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.\8\ These suspension-of-liquidation instructions
will remain in effect until further notice.
---------------------------------------------------------------------------
\8\ The Department's companion countervailing duty investigation
of cold-rolled steel flat products from the Russian Federation did
not find that producers/exporters of covered merchandise received
countervailable benefits by virtue of export subsidies. See
Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat
Products From the Russian Federation: Preliminary Affirmative
Countervailing Duty Determination, Preliminary Negative Critical
Circumstances Determination, and Alignment of Final Determination
With Final Antidumping Duty Determination, 80 FR 79564 (December 22,
2015) and accompanying Issues and Decision Memorandum. Therefore, we
made no adjustments to the deposit rates for Severstal, NLMK or the
companies subject to the all-others rate.
---------------------------------------------------------------------------
Section 733(e)(2) of the Act provides that, given an affirmative
determination of critical circumstances, any suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the later of (a)
the date which is 90 days before the date on which the suspension of
liquidation was first ordered, or (b) the date on which notice of
initiation of the investigation was published. As described above, we
preliminarily find that critical circumstances exist for imports
produced or exported by all Russian exporters. Therefore, in accordance
with section 733(e)(2)(A) of the Act, the suspension of liquidation
shall apply to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the date which is
90 days before the publication of this notice.
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, 14th Street and 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 23, 2016, pursuant to 19 CFR 351.210(b) and (e),
Severstal requested that, contingent upon an affirmative preliminary
determination of sales at LTFV for the respondents, the Department
postpone the final
[[Page 12074]]
determination and that provisional measures be extended to a period not
to exceed six months.\11\
---------------------------------------------------------------------------
\11\ See Letter from Severstal, ``Certain Cold-Rolled Steel Flat
Products from the Russian Federation: Severstal's Request for
Postponement of Final Determination,'' dated February 23, 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 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:
[middot] 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.
---------------------------------------------------------------------------
[middot] 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.
---------------------------------------------------------------------------
[middot] 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.
---------------------------------------------------------------------------
[middot] 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.''
---------------------------------------------------------------------------
[middot] 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 12075]]
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. Postponement of Final Determination and Extension of Provisional
Measures
V. Scope of the Investigation
VI. Preliminary Determination of Critical Circumstances
A. Legal Framework
B. Critical Circumstances Allegation
C. Analysis
VII. Application of Facts Available and Use of Adverse Inferences
VIII. Discussion of Methodology
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
IX. Product Comparisons
X. Date of Sale
XI. Export Price
XII. 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 Cost of Production
2. Test of Comparison Market Sale Prices
3. Results of the COP Test
E. Calculation of NV Based on Comparison Market Prices
XIII. Currency Conversion
XIV. U.S. International Trade Commission Notification
XV. Disclosure and Public Comment
XVI. Verification
XVII. Conclusion
[FR Doc. 2016-05000 Filed 3-7-16; 8:45 am]
BILLING CODE 3510-DS-P
