Stainless Steel Sheet and Strip From the People's Republic of China: Initiation of Countervailing Duty Investigation, 13322-13326 [2016-05469]
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Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices
Comment 12: Whether The Department
Should Have Investigated Other Potential
Countervailable Subsidies
Dated: March 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–05713 Filed 3–11–16; 8:45 am]
BILLING CODE 3510–DS–P
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is polyethylene terephthalate
(PET) resin having an intrinsic viscosity of at
least 0.70, but not more than 0.88, deciliters
per gram. The scope includes blends of virgin
PET resin and recycled PET resin containing
50 percent or more virgin PET resin content
by weight, provided such blends meet the
intrinsic viscosity requirements above. The
scope includes all PET resin meeting the
above specifications regardless of additives
introduced in the manufacturing process.
The merchandise subject to this investigation
is properly classified under subheading
3907.60.00.30 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheading is provided
for convenience and customs purposes, the
written description of the merchandise under
investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
Tariff Liability Issues
Comment 1: Whether the Absence of Duty
Liability Based on OCTAL’s Location in
the SFZ Is a Countervailable Subsidy
Comment 2: Whether Petitioners’ Subsidy
Allegations Regarding OCTAL’s Tariff
Exemptions Were Properly Alleged
Provision of Land for Less Than Adequate
Remuneration (LTAR) Issues
Comment 3: Whether the Department Should
Recalculate the Land for LTAR Rate With
a Revised Benchmark
Comment 4: Whether the Provision of Land
for LTAR to OCTAL Is an Export Subsidy
Comment 5: Whether The Department
Should Recalculate the Land for LTAR
Rate To Adjust for OCTAL’s Expenses To
Develop the Land
jstallworth on DSK7TPTVN1PROD with NOTICES
Provision of Infrastructure for LTAR Issues
Comment 6: Whether the Department Should
Continue To Find That OCTAL Benefited
From GSO Non-General Infrastructure
Funding in The Salalah Free Zone (SFZ)
Comment 7: Whether GSO Non-General
Infrastructure Funding in the SFZ Is an
Export Subsidy
Comment 8: Whether the Department
Miscalculated the GSO Non-General
Infrastructure Funding Subsidy
Provision of Electricity for LTAR Issues
Comment 9: Whether the Department Should
Revise Its Electricity for LTAR Benchmark
Comment 10: Whether the Provision of
Electricity for LTAR Is Specific
Miscellaneous Issues
Comment 11: Whether the Department
Should Countervail OCTAL’s Lease With
Salalah Port Services Company SAOG
(SPSC)
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DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–043]
Stainless Steel Sheet and Strip From
the People’s Republic of China:
Initiation of Countervailing Duty
Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective March 3, 2016.
FOR FURTHER INFORMATION CONTACT:
Sean Carey at (202) 482–3964; AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
The Petition
On February 12, 2016, the Department
of Commerce (Department) received a
countervailing duty (CVD) petition
concerning imports of stainless steel
sheet and strip from the People’s
Republic of China (PRC), filed in proper
form on behalf of AK Steel Corporation,
Allegheny Ludlum, LLC d/b/a ATI Flat
Rolled Products, North American
Stainless, and Outokumpu Stainless
USA, LLC (collectively, Petitioners).1
The CVD petition was accompanied by
an Antidumping Duty (AD) petition for
stainless steel sheet and strip from the
PRC.2 Petitioners are domestic
producers of stainless steel sheet and
strip, which represents the domestic
industry engaged in the manufacture of
stainless steel sheet and strip in the
United States.3
On February 17, 2016, the Department
requested information and clarification
of certain areas of the Petition.4 On
1 See ‘‘Stainless Steel Sheet and Strip from the
People’s Republic of China—Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated February 12, 2016 (Petition).
2 Id.
3 See Volume I of the Petition, at 2–3.
4 See the following February 17, 2016, letters from
the Department to Petitioners: ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Stainless Steel Sheet and Strip
from the People’s Republic of China: Supplemental
Questions’’ (General Issues Supplemental
Questionnaire), ‘‘Petition for the Imposition of
Countervailing Duties on Imports of Stainless Steel
Sheet and Strip from the People’s Republic of
China: Supplemental Questions’’ (CVD
Supplemental Questionnaire).
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February 19, 2016, Petitioners filed
responses to these requests 5 and an
amendment to the scope section of the
petition.6
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), Petitioners allege that the
Government of China (GOC) is
providing countervailable subsidies
(within the meaning of sections 701 and
771(5) of the Act) to imports of stainless
steel sheet and strip from the PRC, and
that such imports are materially
injuring, or threatening material injury
to, an industry in the United States.
Also, consistent with section 702(b)(1)
of the Act, for those alleged programs in
the PRC on which we have initiated a
CVD investigation, the Petition is
accompanied by information reasonably
available to Petitioners supporting their
allegation.
The Department finds that Petitioner
filed this Petition on behalf of the
domestic industry because it is an
interested party as defined in section
771(9)(C) of the Act, and Petitioner has
demonstrated sufficient industry
support with respect to the CVD
investigation that it is requesting the
Department to initiate.7
Period of Investigation
Pursuant to 19 CFR 351.204(b)(2),
because the Petition was filed on
February 12, 2016, the period of
investigation is January 1, 2015, through
December 31, 2015.
Scope of the Investigation
The product covered by this
investigation is stainless steel sheet and
strip from the PRC. For a full
description of the scope of the
investigation, see the ‘‘Scope of the
Investigation’’ in Appendix I of this
notice.
Comments on Scope of the
Investigations
During our review of the Petition, the
Department issued questions to, and
received responses from, Petitioners
pertaining to the proposed scope to
ensure that the scope language in the
Petition would be an accurate reflection
5 See the following February 19, 2016, responses
from Petitioners: ‘‘Stainless Steel Sheet and Strip
from the People’s Republic of China—Petitioners’
Response to the Department’s Questions on General
and Injury Volume of Petition and Amendment to
Petition to Modify Scope Language,’’ (General
Issues Supplement); ‘‘Stainless Steel Sheet and
Strip from the People’s Republic of China—
Petitioners’ Response to the CVD Supplemental
Questionnaire’’ (CVD Supplemental Response).
6 See CVD Supplemental Response, at Exhibit
GEN-Supp.2.
7 See the ‘‘Determination of Industry Support for
the Petitions’’ section below.
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of the products for which the domestic
industry is seeking relief.8
As discussed in the preamble to the
Department’s regulations,9 we are
setting aside a period for interested
parties to raise issues regarding product
coverage (scope). The Department will
consider all comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determinations. If scope comments
include factual information (see 19 CFR
351.102(b)(21)), all such factual
information should be limited to public
information. In order to facilitate
preparation of its questionnaires, the
Department requests all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on Tuesday,
March 23, 2016, which is 20 calendar
days from the signature date of this
notice. Any rebuttal comments, which
may include factual information, must
be filed by 5:00 p.m. ET on Monday,
April 4, 2016, because 10 calendar days
after the initial comments deadline falls
on Saturday, April 2, 2016.10
The Department requests that any
factual information the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigations may be relevant, the party
may contact the Department and request
permission to submit the additional
information. All such comments must
also be filed on the record of each of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to the Department
must be filed electronically using
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS).11 An electronically-filed
document must be received successfully
8 See
General Issues Supplemental Questionnaire.
Antidumping Duties; Countervailing Duties;
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
10 See 19 CFR 351.303(b)(1) (‘‘For both
electronically filed and manually filed documents,
if the applicable due date falls on a non-business
day, the Secretary will accept documents that are
filed on the next business day.’’)
11 See 19 CFR 351.303 (for general filings
requirements); see also Antidumping and
Countervailing Duty Proceedings: Electronic Filing
Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also
Enforcement and Compliance; Change of Electronic
Filing System Name, 79 FR 69046 (November 20,
2014) for details of the Department’s electronic
filing requirements, which went into effect on
August 5, 2011. Information on help using ACCESS
can be found at https://access.trade.gov/help.aspx
and a handbook can be found at https://
access.trade.gov/help/Handbook%20on
%20Electronic%20Filling%20Procedures.pdf.
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9 See
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in its entirety by the time and date it is
due. Documents excepted from the
electronic submission requirements
must be filed manually (i.e., in paper
form) with Enforcement and
Compliance’s APO/Dockets Unit, Room
18022, U.S. Department of Commerce,
14th Street and Constitution Avenue
NW, Washington, DC 20230, and
stamped with the date and time of
receipt by the applicable deadlines.
Consultations
Pursuant to section 702(b)(4)(A)(i) of
the Act, the Department notified
representatives of the GOC of the receipt
of the Petition. Also, in accordance with
section 702(b)(4)(A)(ii) of the Act, the
Department provided representatives of
the GOC the opportunity for
consultations with respect to the CVD
Petition.
Consultations were held with
representatives of the PRC on February
25, 2016.12 All invitation letters and
memoranda regarding these
consultations are on file electronically
via ACCESS.
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) At least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
the Department shall: (i) Poll the
industry or rely on other information in
order to determine if there is support for
the petition, as required by
subparagraph (A); or (ii) determine
industry support using a statistically
valid sampling method to poll the
‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the statute
directs the Department to look to
producers and workers who produce the
12 See Memorandum, ‘‘Countervailing Duty
Petition on Stainless Steel Sheet from the People’s
Republic of China: Consultations with the
Government of China,’’ February 26, 2016.
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13323
domestic like product. The International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
the Department and the ITC must apply
the same statutory definition regarding
the domestic like product,13 they do so
for different purposes and pursuant to a
separate and distinct authority. In
addition, the Department’s
determination is subject to limitations of
time and information. Although this
may result in different definitions of the
like product, such differences do not
render the decision of either agency
contrary to law.14
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the Petition).
With regard to the domestic like
product, Petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigation. Based on our analysis of
the information submitted on the
record, we have determined that
stainless sheet and strip constitutes a
single domestic like product, and we
have analyzed industry support in terms
of that domestic like product.15
In determining whether Petitioners
have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petition with reference to the
domestic like product as defined in the
‘‘Scope of the Investigation’’ in
Appendix I of this notice. Petitioners
provided their production of the
domestic like product in 2015, as well
13 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
15 For a discussion of the domestic like product
analysis in this case, see Countervailing Duty
Investigation Initiation Checklist: Stainless Steel
Sheet and Strip from the People’s Republic of China
(PRC CVD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering
Stainless Steel Sheet and Strip from the People’s
Republic of China (Attachment II). This checklist is
dated concurrently with this notice and on file
electronically via ACCESS. Access to documents
filed via ACCESS is also available in the Central
Records Unit, Room 18022 of the main Department
of Commerce building.
14 See
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jstallworth on DSK7TPTVN1PROD with NOTICES
as an estimate of total production of the
domestic like product for the entire
domestic industry.16 To establish
industry support, Petitioners compared
their own production to total estimated
production of the domestic like product
for the entire domestic industry.17 We
have relied upon data Petitioners
provided for purposes of measuring
industry support.18
Our review of the data provided in the
Petition, the Second General Issues
Supplement, and other information
readily available to the Department
indicates that Petitioners have
established industry support.19 First,
the Petition established support from
domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product and, as such, the Department is
not required to take further action in
order to evaluate industry support (e.g.,
polling).20 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
account for at least 25 percent of the
total production of the domestic like
product.21 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petition.22 Accordingly, the
Department determines that the Petition
was filed on behalf of the domestic
industry within the meaning of section
702(b)(1) of the Act.
The Department finds that Petitioners
filed the Petition on behalf of the
domestic industry because they are
interested parties as defined in section
771(9)(C) of the Act and that they have
demonstrated sufficient industry
support with respect to the CVD
investigation that they are requesting
the Department initiate.23
16 See Volume I of the Petition, at 4–5 and
Exhibits GEN–1 and GEN–12.
17 Id. For further discussion, see PRC CVD
Initiation Checklist, at Attachment II.
18 See PRC CVD Initiation Checklist, at
Attachment II.
19 Id.
20 See section 702(c)(4)(D) of the Act; see also
PRC CVD Initiation Checklist, at Attachment II.
21 See PRC CVD Initiation Checklist, at
Attachment II.
22 Id.
23 Id.
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Injury Test
Because the PRC is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from the PRC
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
Petitioners allege that imports of the
subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threatening
to cause, material injury to the U.S.
industry producing the domestic like
product. In addition, Petitioners allege
that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.24
Petitioners contend that the industry’s
injured condition is illustrated by:
reduced market share, underselling and
price suppression or depression, lost
sales and revenues, reductions in U.S.
production, shipments, and capacity
utilization, decreased employment, and
financial deterioration.25 We have
assessed the allegations and supporting
evidence regarding material injury,
threat of material injury, and causation,
and we have determined that these
allegations are properly supported by
adequate evidence and meet the
statutory requirements for initiation.26
Initiation of Countervailing Duty
Investigation
Section 702(b)(1) of the Act requires
the Department to initiate a CVD
investigation whenever an interested
party filed a CVD petition on behalf of
an industry that: (1) alleges elements
necessary for an imposition of a duty
under section 701(a) of the Act; and (2)
is accompanied by information
reasonably available to Petitioners
supporting the allegations.
Petitioners allege that producers/
exporters of stainless steel sheet and
strip from the PRC benefit from
countervailable subsidies bestowed by
the GOC. The Department examined the
Petition and finds that it complies with
24 See Volume I of the Petition, at 13 and Exhibit
GEN–6; see also General Issues Supplement, at
4–5 and Exhibit GEN-Supp. 6.
25 See Volume I of the Petition, at 14–19 and
Exhibits GEN–6 and GEN–8 through GEN–12; see
also Second General Issues Supplement, at 4–5 and
Exhibit GEN-Supp. 5.
26 See PRC CVD Initiation Checklist, at
Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Stainless Steel Sheet and Strip from the
People’s Republic of China.
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the requirements of section 702(b)(1) of
the Act. Therefore, in accordance with
section 702(b)(1) of the Act, we are
initiating a CVD investigation to
determine whether manufacturers,
producers, or exporters of stainless steel
sheet and strip from the PRC receive
countervailable subsidies from the GOC.
Based on our review of the Petition,
we find that there is sufficient
information to initiate a CVD
investigation on all 41 alleged programs
in the PRC.27 For a full discussion of the
basis for our decision to initiate on each
program, see the PRC CVD Initiation
Checklist. A public version of the
initiation checklists for each
investigation is available on ACCESS.
In accordance with section 703(b)(1)
of the Act and 19 CFR 351.205(b)(1),
unless postponed, we will make our
preliminary determination no later than
65 days after the date of this initiation.
On June 29, 2015, the President of the
United States signed into law the Trade
Preferences Extension Act of 2015,
which made numerous amendments to
the AD and CVD law.28 The 2015 law
does not specify dates of application for
those amendments. On August 6, 2015,
the Department published an
interpretative rule, in which it
announced the applicability dates for
each amendment to the Act, except for
amendments contained in section 771(7)
of the Act, which relate to
determinations of material injury by the
ITC.29 The amendments to sections
771(15), 773, 776, and 782 of the Act are
applicable to all determinations made
on or after August 6, 2015, and,
therefore, apply to this CVD
investigation.30
Respondent Selection
Petitioners named 158 companies as
producers/exporters of stainless steel
sheet and strip in the PRC.31 Following
standard practice in CVD investigations,
the Department will, where appropriate,
select respondents based on U.S.
Customs and Border Protection (‘‘CBP’’)
data for U.S. imports of amorphous
silica fabric during the period of
investigation. For this investigation, the
Department will release U.S. Customs
and Border Protection (CBP) data for
27 See PRC CVD Initiation Checklist for a more
detailed explanation.
28 See Trade Preferences Extension Act of 2015,
Pub. L. 114–27, 129 Stat. 362 (2015).
29 See Dates of Application of Amendments to the
Antidumping and Countervailing Duty Laws Made
by the Trade Preferences Extension Act of 2015, 80
FR 46793 (August 6, 2015) (Applicability Notice).
30 Id., at 46794–95. The 2015 amendments may be
found at https://www.congress.gov/bill/114thcongress/house-bill/1295/text/pl.
31 See Volume I of the Petition, at Exhibit GEN–
5.
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U.S. imports of subject merchandise
during the period of investigation under
the Harmonized Tariff Schedule of the
United States (HTSUS) numbers listed
in the scope. We intend to release the
CBP data under Administrative
Protective Order (APO) to all parties
with access to information protected by
APO within five business days of the
announcement of this Federal Register
notice. Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found at https://
enforcement.trade.gov/apo/. Interested
parties may submit comments regarding
the CBP data and respondent selection.
Comments must be filed in accordance
with the filing requirements stated
above. If respondent selection is
necessary, we intend to base our
decision regarding respondent selection
upon comments received from
interested parties and our analysis of the
record information within 20 days of
publication of this notice.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petition have been provided to
the GOC via ACCESS. Because of the
particularly large number of producers/
exporters identified in the Petition, the
Department considers the service of the
public version of the Petition to the
foreign producers/exporters satisfied by
the delivery of the public version to the
GOC, consistent with 19 CFR
351.203(c)(2).
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ITC Notification
We will notify the ITC of our
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
stainless steel sheet and strip from the
PRC are materially injuring, or
threatening material injury to, a U.S.
industry.32 A negative ITC
determination will result in the
investigation being terminated; 33
otherwise, these investigation will
proceed according to statutory and
regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) Evidence
32 See
33 See
section 703(a)(2) of the Act.
section 703(a)(1) of the Act.
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submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by the Department; and (v)
evidence other than factual information
described in (i)–(iv). Any party, when
submitting factual information, is
required to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 34 and, if
the information is being submitted to
rebut, clarify, or correct factual
information already on the record, to
provide an explanation identifying the
information already on the record that
the factual information seeks to rebut,
clarify, or correct.35 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Parties should review the
regulations prior to submitting factual
information in these investigations.
Extension of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351, or as otherwise specified by the
Secretary. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351. For
submissions that are due from multiple
parties simultaneously, an extension
request will be considered untimely if it
is filed after 10:00 a.m. ET on the due
date. Under certain circumstances, we
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, we will
inform parties in the letter or
memorandum setting forth the deadline
(including a specified time) by which
extension requests must be filed to be
considered timely. An extension request
must be made in a separate, stand-alone
submission; under limited
circumstances, we will grant untimelyfiled requests for the extension of time
limits. Review Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20,
2013), available at https://www.gpo.gov/
fdsys/pkg/FR-2013-09-20/html/201322853.htm, prior to submitting factual
information in these investigations.
34 See
35 See
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19 CFR 351.301(b).
19 CFR 351.301(b)(2).
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13325
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.36
Parties are hereby reminded that revised
certification requirements are in effect
for company/government officials, as
well as their representatives.
Investigations initiated on the basis of
petitions filed on or after August 16,
2013, and other segments of any AD or
CVD proceedings initiated on or after
August 16, 2013, should use the formats
for the revised certifications provided at
the end of the Final Rule.37 The
Department intends to reject factual
submissions if the submitting party does
not comply with the applicable revised
certification requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate
in these investigations should ensure
that they meet the requirements of these
procedures (e.g., the filing of letters of
appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act.
Dated: March 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this
investigation is stainless steel sheet and strip,
whether in coils or straight lengths. Stainless
steel is an alloy steel containing, by weight,
1.2 percent or less of carbon and 10.5 percent
or more of chromium, with or without other
elements. The subject sheet and strip is a flatrolled product with a width that is greater
than 9.5 mm and with a thickness of 0.3048
mm and greater but less than 4.75 mm, and
that is annealed or otherwise heat treated,
and pickled or otherwise descaled. The
subject sheet and strip may also be further
processed (e.g., cold-rolled, annealed,
tempered, polished, aluminized, coated,
painted, varnished, trimmed, cut, punched,
36 See
section 782(b) of the Act.
Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
37 See
E:\FR\FM\14MRN1.SGM
14MRN1
jstallworth on DSK7TPTVN1PROD with NOTICES
13326
Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Notices
or slit, etc.) provided that it maintains the
specific dimensions of sheet and strip set
forth above following such processing. The
products described include products
regardless of shape, and include products of
either rectangular or non-rectangular crosssection 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 nonrectangular shape, etc.), the measurement at
its greatest width or thickness applies.
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.
Subject merchandise includes stainless
steel sheet and strip that has been further
processed in a third country, including but
not limited to cold-rolling, annealing,
tempering, polishing, aluminizing, coating,
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 stainless steel sheet and
strip.
Excluded from the scope of this
investigation are the following: (1) Sheet and
strip that is not annealed or otherwise heat
treated and not pickled or otherwise
descaled; (2) plate (i.e., flat-rolled stainless
steel products of a thickness of 4.75 mm or
more); and (3) flat wire (i.e., cold-rolled
sections, with a mill edge, rectangular in
shape, of a width of not more than 9.5 mm).
The products under investigation are
currently classifiable under Harmonized
Tariff Schedule of the United States (HTSUS)
subheadings 7219.13.0031, 7219.13.0051,
7219.13.0071, 7219.13.0081, 7219.14.0030,
7219.14.0065, 7219.14.0090, 7219.23.0030,
7219.23.0060, 7219.24.0030, 7219.24.0060,
7219.32.0005, 7219.32.0020, 7219.32.0025,
7219.32.0035, 7219.32.0036, 7219.32.0038,
7219.32.0042, 7219.32.0044, 7219.32.0045,
7219.32.0060, 7219.33.0005, 7219.33.0020,
7219.33.0025, 7219.33.0035, 7219.33.0036,
7219.33.0038, 7219.33.0042, 7219.33.0044,
7219.33.0045, 7219.33.0070, 7219.33.0080,
7219.34.0005, 7219.34.0020, 7219.34.0025,
7219.34.0030, 7219.34.0035, 7219.34.0050,
7219.35.0005, 7219.35.0015, 7219.35.0030,
7219.35.0035, 7219.35.0050, 7219.90.0010,
7219.90.0020, 7219.90.0025, 7219.90.0060,
7219.90.0080, 7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015, 7220.20.1060,
7220.20.1080, 7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060, 7220.20.6080,
7220.20.7005, 7220.20.7010, 7220.20.7015,
7220.20.7060, 7220.20.7080, 7220.90.0010,
VerDate Sep<11>2014
14:27 Mar 11, 2016
Jkt 238001
7220.90.0015, 7220.90.0060, and
7220.90.0080. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this proceeding is
dispositive.
[FR Doc. 2016–05469 Filed 3–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–806]
Silicon Metal From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce
DATES: Effective Date: March 14, 2016.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on silicon
metal from the People’s Republic of
China (‘‘PRC’’) for the period of review
(‘‘POR’’) June 1, 2014, through May 31,
2015. This review covers two PRC
companies. The Department
preliminarily determines that both of
the companies under review, Shanghai
Jinneng and Shanghai Jinfeng, are part
of the PRC-wide entity. Interested
parties are invited to comment on these
preliminary results.
FOR FURTHER INFORMATION CONTACT:
Aleksandras Nakutis, AD/CVD
Operations, Office IV, Enforcement &
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3147.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published the notice
of initiation of this administrative
review on August 3, 2015.1 The
Department has exercised its discretion
to toll all administrative deadlines due
to the recent closure of the Federal
Government because of Snowstorm
‘‘Jonas’’. Thus, all of the deadlines in
this segment of the proceeding have
been extended by four business days.
The revised deadline for the preliminary
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR
45947 (August 03, 2015) (‘‘Initiation Notice’’). The
companies under review are: Shanghai Jinneng
International Trade Co. Ltd. (‘‘Shanghai Jinneng’’)
and Shanghai Jinfeng Hardware Plastics Co. Ltd.
(‘‘Shanghai Jinfeng’’).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
results of review is now March 7, 2016.2
For a complete description of the events
that followed the initiation of this
administrative review, see the
Preliminary Decision Memorandum 3
that is dated concurrently with, and
hereby adopted by, 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 in the
Central Records Unit, room B8024 of the
main Department of Commerce
building. In addition, a complete
version of the Preliminary Results
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Scope of the Order
The merchandise covered by this
review is silicon metal containing at
least 96.00 percent, but less than 99.99
percent of silicon by weight. Also
covered by this review is silicon metal
containing between 89.00 and 96.00
percent silicon by weight but which
contains a higher aluminum content
than the silicon metal containing at least
96.00 percent but less than 99.99
percent silicon by weight (58 FR 27542,
May 10, 1993). Silicon metal is
currently provided for under
subheadings 2804.69.10 and 2804.69.50
of the Harmonized Tariff Schedule
(‘‘HTS’’) as a chemical product, but is
commonly referred to as a metal.
Semiconductor-grade silicon (silicon
metal containing by weight not less than
99.99 percent of silicon and provided
for in subheading 2804.61.00 of the
HTS) is not subject to this order.
Although the HTS numbers are
provided for convenience and customs
purposes, the written description
remains dispositive.
2 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.
3 See Decision Memorandum for Preliminary
Results of Antidumping Duty Administrative
Review: Silicon Metal from the People’s Republic of
China; 2014–2015 (‘‘Preliminary Decision
Memorandum’’), from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
E:\FR\FM\14MRN1.SGM
14MRN1
]]>Agencies
[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13322-13326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05469]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-043]
Stainless Steel Sheet and Strip From the People's Republic of
China: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective March 3, 2016.
FOR FURTHER INFORMATION CONTACT: Sean Carey at (202) 482-3964; AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On February 12, 2016, the Department of Commerce (Department)
received a countervailing duty (CVD) petition concerning imports of
stainless steel sheet and strip from the People's Republic of China
(PRC), filed in proper form on behalf of AK Steel Corporation,
Allegheny Ludlum, LLC d/b/a ATI Flat Rolled Products, North American
Stainless, and Outokumpu Stainless USA, LLC (collectively,
Petitioners).\1\ The CVD petition was accompanied by an Antidumping
Duty (AD) petition for stainless steel sheet and strip from the PRC.\2\
Petitioners are domestic producers of stainless steel sheet and strip,
which represents the domestic industry engaged in the manufacture of
stainless steel sheet and strip in the United States.\3\
---------------------------------------------------------------------------
\1\ See ``Stainless Steel Sheet and Strip from the People's
Republic of China--Petitions for the Imposition of Antidumping and
Countervailing Duties,'' dated February 12, 2016 (Petition).
\2\ Id.
\3\ See Volume I of the Petition, at 2-3.
---------------------------------------------------------------------------
On February 17, 2016, the Department requested information and
clarification of certain areas of the Petition.\4\ On February 19,
2016, Petitioners filed responses to these requests \5\ and an
amendment to the scope section of the petition.\6\
---------------------------------------------------------------------------
\4\ See the following February 17, 2016, letters from the
Department to Petitioners: ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Stainless Steel
Sheet and Strip from the People's Republic of China: Supplemental
Questions'' (General Issues Supplemental Questionnaire), ``Petition
for the Imposition of Countervailing Duties on Imports of Stainless
Steel Sheet and Strip from the People's Republic of China:
Supplemental Questions'' (CVD Supplemental Questionnaire).
\5\ See the following February 19, 2016, responses from
Petitioners: ``Stainless Steel Sheet and Strip from the People's
Republic of China--Petitioners' Response to the Department's
Questions on General and Injury Volume of Petition and Amendment to
Petition to Modify Scope Language,'' (General Issues Supplement);
``Stainless Steel Sheet and Strip from the People's Republic of
China--Petitioners' Response to the CVD Supplemental Questionnaire''
(CVD Supplemental Response).
\6\ See CVD Supplemental Response, at Exhibit GEN-Supp.2.
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), Petitioners allege that the Government of China
(GOC) is providing countervailable subsidies (within the meaning of
sections 701 and 771(5) of the Act) to imports of stainless steel sheet
and strip from the PRC, and that such imports are materially injuring,
or threatening material injury to, an industry in the United States.
Also, consistent with section 702(b)(1) of the Act, for those alleged
programs in the PRC on which we have initiated a CVD investigation, the
Petition is accompanied by information reasonably available to
Petitioners supporting their allegation.
The Department finds that Petitioner filed this Petition on behalf
of the domestic industry because it is an interested party as defined
in section 771(9)(C) of the Act, and Petitioner has demonstrated
sufficient industry support with respect to the CVD investigation that
it is requesting the Department to initiate.\7\
---------------------------------------------------------------------------
\7\ See the ``Determination of Industry Support for the
Petitions'' section below.
---------------------------------------------------------------------------
Period of Investigation
Pursuant to 19 CFR 351.204(b)(2), because the Petition was filed on
February 12, 2016, the period of investigation is January 1, 2015,
through December 31, 2015.
Scope of the Investigation
The product covered by this investigation is stainless steel sheet
and strip from the PRC. For a full description of the scope of the
investigation, see the ``Scope of the Investigation'' in Appendix I of
this notice.
Comments on Scope of the Investigations
During our review of the Petition, the Department issued questions
to, and received responses from, Petitioners pertaining to the proposed
scope to ensure that the scope language in the Petition would be an
accurate reflection
[[Page 13323]]
of the products for which the domestic industry is seeking relief.\8\
---------------------------------------------------------------------------
\8\ See General Issues Supplemental Questionnaire.
---------------------------------------------------------------------------
As discussed in the preamble to the Department's regulations,\9\ we
are setting aside a period for interested parties to raise issues
regarding product coverage (scope). The Department will consider all
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information (see 19 CFR 351.102(b)(21)), all such factual information
should be limited to public information. In order to facilitate
preparation of its questionnaires, the Department requests all
interested parties submit such comments by 5:00 p.m. Eastern Time (ET)
on Tuesday, March 23, 2016, which is 20 calendar days from the
signature date of this notice. Any rebuttal comments, which may include
factual information, must be filed by 5:00 p.m. ET on Monday, April 4,
2016, because 10 calendar days after the initial comments deadline
falls on Saturday, April 2, 2016.\10\
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\10\ See 19 CFR 351.303(b)(1) (``For both electronically filed
and manually filed documents, if the applicable due date falls on a
non-business day, the Secretary will accept documents that are filed
on the next business day.'')
---------------------------------------------------------------------------
The Department requests that any factual information the parties
consider relevant to the scope of the investigation be submitted during
this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact the Department
and request permission to submit the additional information. All such
comments must also be filed on the record of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS).\11\ An electronically-
filed document must be received successfully in its entirety by the
time and date it is due. Documents excepted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230, and stamped with the date and time of receipt by
the applicable deadlines.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.303 (for general filings requirements); see
also Antidumping and Countervailing Duty Proceedings: Electronic
Filing Procedures; Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and Compliance; Change of
Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for
details of the Department's electronic filing requirements, which
went into effect on August 5, 2011. Information on help using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to section 702(b)(4)(A)(i) of the Act, the Department
notified representatives of the GOC of the receipt of the Petition.
Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the
Department provided representatives of the GOC the opportunity for
consultations with respect to the CVD Petition.
Consultations were held with representatives of the PRC on February
25, 2016.\12\ All invitation letters and memoranda regarding these
consultations are on file electronically via ACCESS.
---------------------------------------------------------------------------
\12\ See Memorandum, ``Countervailing Duty Petition on Stainless
Steel Sheet from the People's Republic of China: Consultations with
the Government of China,'' February 26, 2016.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) At least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, the Department
shall: (i) Poll the industry or rely on other information in order to
determine if there is support for the petition, as required by
subparagraph (A); or (ii) determine industry support using a
statistically valid sampling method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs the Department to look to producers and workers who produce the
domestic like product. The International Trade Commission (ITC), which
is responsible for determining whether ``the domestic industry'' has
been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both the Department and
the ITC must apply the same statutory definition regarding the domestic
like product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, the Department's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
Petition).
With regard to the domestic like product, Petitioners do not offer
a definition of the domestic like product distinct from the scope of
the investigation. Based on our analysis of the information submitted
on the record, we have determined that stainless sheet and strip
constitutes a single domestic like product, and we have analyzed
industry support in terms of that domestic like product.\15\
---------------------------------------------------------------------------
\15\ For a discussion of the domestic like product analysis in
this case, see Countervailing Duty Investigation Initiation
Checklist: Stainless Steel Sheet and Strip from the People's
Republic of China (PRC CVD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Stainless Steel Sheet and Strip from the
People's Republic of China (Attachment II). This checklist is dated
concurrently with this notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also available in the
Central Records Unit, Room 18022 of the main Department of Commerce
building.
---------------------------------------------------------------------------
In determining whether Petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation'' in Appendix I of this
notice. Petitioners provided their production of the domestic like
product in 2015, as well
[[Page 13324]]
as an estimate of total production of the domestic like product for the
entire domestic industry.\16\ To establish industry support,
Petitioners compared their own production to total estimated production
of the domestic like product for the entire domestic industry.\17\ We
have relied upon data Petitioners provided for purposes of measuring
industry support.\18\
---------------------------------------------------------------------------
\16\ See Volume I of the Petition, at 4-5 and Exhibits GEN-1 and
GEN-12.
\17\ Id. For further discussion, see PRC CVD Initiation
Checklist, at Attachment II.
\18\ See PRC CVD Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the Second General
Issues Supplement, and other information readily available to the
Department indicates that Petitioners have established industry
support.\19\ First, the Petition established support from domestic
producers (or workers) accounting for more than 50 percent of the total
production of the domestic like product and, as such, the Department is
not required to take further action in order to evaluate industry
support (e.g., polling).\20\ Second, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 702(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petition account for at least 25 percent of
the total production of the domestic like product.\21\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petition account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petition.\22\ Accordingly, the Department determines
that the Petition was filed on behalf of the domestic industry within
the meaning of section 702(b)(1) of the Act.
---------------------------------------------------------------------------
\19\ Id.
\20\ See section 702(c)(4)(D) of the Act; see also PRC CVD
Initiation Checklist, at Attachment II.
\21\ See PRC CVD Initiation Checklist, at Attachment II.
\22\ Id.
---------------------------------------------------------------------------
The Department finds that Petitioners filed the Petition on behalf
of the domestic industry because they are interested parties as defined
in section 771(9)(C) of the Act and that they have demonstrated
sufficient industry support with respect to the CVD investigation that
they are requesting the Department initiate.\23\
---------------------------------------------------------------------------
\23\ Id.
---------------------------------------------------------------------------
Injury Test
Because the PRC is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from the PRC materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
Petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threatening to cause, material injury to the U.S. industry
producing the domestic like product. In addition, Petitioners allege
that subject imports exceed the negligibility threshold provided for
under section 771(24)(A) of the Act.\24\
---------------------------------------------------------------------------
\24\ See Volume I of the Petition, at 13 and Exhibit GEN-6; see
also General Issues Supplement, at 4-5 and Exhibit GEN-Supp. 6.
---------------------------------------------------------------------------
Petitioners contend that the industry's injured condition is
illustrated by: reduced market share, underselling and price
suppression or depression, lost sales and revenues, reductions in U.S.
production, shipments, and capacity utilization, decreased employment,
and financial deterioration.\25\ We have assessed the allegations and
supporting evidence regarding material injury, threat of material
injury, and causation, and we have determined that these allegations
are properly supported by adequate evidence and meet the statutory
requirements for initiation.\26\
---------------------------------------------------------------------------
\25\ See Volume I of the Petition, at 14-19 and Exhibits GEN-6
and GEN-8 through GEN-12; see also Second General Issues Supplement,
at 4-5 and Exhibit GEN-Supp. 5.
\26\ See PRC CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Stainless Steel Sheet and Strip from the People's Republic
of China.
---------------------------------------------------------------------------
Initiation of Countervailing Duty Investigation
Section 702(b)(1) of the Act requires the Department to initiate a
CVD investigation whenever an interested party filed a CVD petition on
behalf of an industry that: (1) alleges elements necessary for an
imposition of a duty under section 701(a) of the Act; and (2) is
accompanied by information reasonably available to Petitioners
supporting the allegations.
Petitioners allege that producers/exporters of stainless steel
sheet and strip from the PRC benefit from countervailable subsidies
bestowed by the GOC. The Department examined the Petition and finds
that it complies with the requirements of section 702(b)(1) of the Act.
Therefore, in accordance with section 702(b)(1) of the Act, we are
initiating a CVD investigation to determine whether manufacturers,
producers, or exporters of stainless steel sheet and strip from the PRC
receive countervailable subsidies from the GOC.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on all 41
alleged programs in the PRC.\27\ For a full discussion of the basis for
our decision to initiate on each program, see the PRC CVD Initiation
Checklist. A public version of the initiation checklists for each
investigation is available on ACCESS.
---------------------------------------------------------------------------
\27\ See PRC CVD Initiation Checklist for a more detailed
explanation.
---------------------------------------------------------------------------
In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
On June 29, 2015, the President of the United States signed into
law the Trade Preferences Extension Act of 2015, which made numerous
amendments to the AD and CVD law.\28\ The 2015 law does not specify
dates of application for those amendments. On August 6, 2015, the
Department published an interpretative rule, in which it announced the
applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\29\ The amendments to
sections 771(15), 773, 776, and 782 of the Act are applicable to all
determinations made on or after August 6, 2015, and, therefore, apply
to this CVD investigation.\30\
---------------------------------------------------------------------------
\28\ See Trade Preferences Extension Act of 2015, Pub. L. 114-
27, 129 Stat. 362 (2015).
\29\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice).
\30\ Id., at 46794-95. The 2015 amendments may be found at
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
---------------------------------------------------------------------------
Respondent Selection
Petitioners named 158 companies as producers/exporters of stainless
steel sheet and strip in the PRC.\31\ Following standard practice in
CVD investigations, the Department will, where appropriate, select
respondents based on U.S. Customs and Border Protection (``CBP'') data
for U.S. imports of amorphous silica fabric during the period of
investigation. For this investigation, the Department will release U.S.
Customs and Border Protection (CBP) data for
[[Page 13325]]
U.S. imports of subject merchandise during the period of investigation
under the Harmonized Tariff Schedule of the United States (HTSUS)
numbers listed in the scope. We intend to release the CBP data under
Administrative Protective Order (APO) to all parties with access to
information protected by APO within five business days of the
announcement of this Federal Register notice. Interested parties must
submit applications for disclosure under APO in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found at
https://enforcement.trade.gov/apo/. Interested parties may submit
comments regarding the CBP data and respondent selection. Comments must
be filed in accordance with the filing requirements stated above. If
respondent selection is necessary, we intend to base our decision
regarding respondent selection upon comments received from interested
parties and our analysis of the record information within 20 days of
publication of this notice.
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\31\ See Volume I of the Petition, at Exhibit GEN-5.
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Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the GOC via ACCESS. Because of the particularly large
number of producers/exporters identified in the Petition, the
Department considers the service of the public version of the Petition
to the foreign producers/exporters satisfied by the delivery of the
public version to the GOC, consistent with 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of stainless steel sheet and strip from the PRC
are materially injuring, or threatening material injury to, a U.S.
industry.\32\ A negative ITC determination will result in the
investigation being terminated; \33\ otherwise, these investigation
will proceed according to statutory and regulatory time limits.
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\32\ See section 703(a)(2) of the Act.
\33\ See section 703(a)(1) of the Act.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i)-(iv). Any party, when submitting
factual information, is required to specify under which subsection of
19 CFR 351.102(b)(21) the information is being submitted \34\ and, if
the information is being submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\35\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Parties should review the regulations
prior to submitting factual information in these investigations.
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\34\ See 19 CFR 351.301(b).
\35\ See 19 CFR 351.301(b)(2).
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Extension of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances, we will grant untimely-filed requests for the extension
of time limits. Review Extension of Time Limits; Final Rule, 78 FR
57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual
information in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\36\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives. Investigations initiated on the basis of petitions
filed on or after August 16, 2013, and other segments of any AD or CVD
proceedings initiated on or after August 16, 2013, should use the
formats for the revised certifications provided at the end of the Final
Rule.\37\ The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
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\36\ See section 782(b) of the Act.
\37\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. On January 22, 2008, the
Department published Antidumping and Countervailing Duty Proceedings:
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January
22, 2008). Parties wishing to participate in these investigations
should ensure that they meet the requirements of these procedures
(e.g., the filing of letters of appearance as discussed at 19 CFR
351.103(d)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act.
Dated: March 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation is stainless steel
sheet and strip, whether in coils or straight lengths. Stainless
steel is an alloy steel containing, by weight, 1.2 percent or less
of carbon and 10.5 percent or more of chromium, with or without
other elements. The subject sheet and strip is a flat-rolled product
with a width that is greater than 9.5 mm and with a thickness of
0.3048 mm and greater but less than 4.75 mm, and that is annealed or
otherwise heat treated, and pickled or otherwise descaled. The
subject sheet and strip may also be further processed (e.g., cold-
rolled, annealed, tempered, polished, aluminized, coated, painted,
varnished, trimmed, cut, punched,
[[Page 13326]]
or slit, etc.) provided that it maintains the specific dimensions of
sheet and strip set forth above following such processing. The
products described include products regardless of 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.
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.
Subject merchandise includes stainless steel sheet and strip
that has been further processed in a third country, including but
not limited to cold-rolling, annealing, tempering, polishing,
aluminizing, coating, 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 stainless steel
sheet and strip.
Excluded from the scope of this investigation are the following:
(1) Sheet and strip that is not annealed or otherwise heat treated
and not pickled or otherwise descaled; (2) plate (i.e., flat-rolled
stainless steel products of a thickness of 4.75 mm or more); and (3)
flat wire (i.e., cold-rolled sections, with a mill edge, rectangular
in shape, of a width of not more than 9.5 mm).
The products under investigation are currently classifiable
under Harmonized Tariff Schedule of the United States (HTSUS)
subheadings 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081,
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030,
7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005,
7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036,
7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045,
7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025,
7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042,
7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080,
7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030,
7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015,
7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010,
7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080,
7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015,
7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080,
7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this proceeding is
dispositive.
[FR Doc. 2016-05469 Filed 3-11-16; 8:45 am]
BILLING CODE 3510-DS-P
