Certain Hot-Rolled Steel Flat Products From the Republic of Turkey: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 15231-15234 [2016-06440]
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Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
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, or
0.80 percent of molybdenum, or
0.10 percent of niobium, 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,
the substrate for 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. The substrate for motor
lamination steels contains 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 hot-rolled
steel that has been further processed in a
third country, including but not limited to
pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing,
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 hot-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:
• Universal mill plates (i.e., hot-rolled,
flat-rolled products not in coils that have
been rolled on four faces or in a closed box
pass, of a width exceeding 150 mm but not
exceeding 1250 mm, of a thickness not less
than 4.0 mm, and without patterns in relief);
• Products that have been cold-rolled
(cold-reduced) after hot-rolling; 18
• Ball bearing steels; 19
18 For purposes of this scope exclusion, rolling
operations such as a skin pass, levelling, temper
rolling or other minor rolling operations after the
hot-rolling process for purposes of surface finish,
flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this
exclusion.
19 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
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• Tool steels; 20 and
• Silico-manganese steels; 21
The products subject to this investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.10.1500,
7208.10.3000, 7208.10.6000, 7208.25.3000,
7208.25.6000, 7208.26.0030, 7208.26.0060,
7208.27.0030, 7208.27.0060, 7208.36.0030,
7208.36.0060, 7208.37.0030, 7208.37.0060,
7208.38.0015, 7208.38.0030, 7208.38.0090,
7208.39.0015, 7208.39.0030, 7208.39.0090,
7208.40.6030, 7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000, 7210.70.3000,
7211.14.0030, 7211.14.0090, 7211.19.1500,
7211.19.2000, 7211.19.3000, 7211.19.4500,
7211.19.6000, 7211.19.7530, 7211.19.7560,
7211.19.7590, 7225.11.0000, 7225.19.0000,
7225.30.3050, 7225.30.7000, 7225.40.7000,
7225.99.0090, 7226.11.1000, 7226.11.9030,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.5000, 7226.91.7000, and
7226.91.8000. The products subject to the
investigation may also enter under the
following HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060,
7214.91.0090, 7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000, 7226.99.0180,
and 7228.60.6000.
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. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
X. Date of Sale
XI. Product Comparisons
XII. Export Price and Constructed Export
Price
XIII. Normal Value
A. Comparison Market Viability
B. Affiliated Party Transactions and Arm’sLength Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of NV Based on ComparisonMarket Prices
XIV. Currency Conversion
XV. Adjustments to Cash Deposit Rates for
Export Subsidies in Companion
Countervailing Duty Investigation
XVI. Conclusion
Appendix II
Certain Hot-Rolled Steel Flat Products
From the Republic of Turkey:
Affirmative Preliminary Determination
of Sales at Less Than Fair Value and
Postponement of Final Determination
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. Scope Comments
VII. All-Others Rate
VIII. Affiliation and Collapsing
IX. Discussion of the Methodology
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.
20 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.
21 Silico-manganese steel is defined as steels
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
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[FR Doc. 2016–06488 Filed 3–21–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–826]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain hot-rolled steel
flat products (hot-rolled steel) from the
Republic of Turkey (Turkey) 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 are shown in the ‘‘Preliminary
Determination’’ section of this notice.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Effective: March 22, 2016.
FOR FURTHER INFORMATION CONTACT:
Alexander Cipolla or Toni Page, AD/
CVD Operations, Office VII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4956 or (202) 482–1398,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices
Background
The Department published the notice
of initiation of this investigation on
September 9, 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.
Scope of the Investigation
The product covered by this
investigation is hot-rolled steel from
Turkey. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I.
Scope Comments
Certain interested parties commented
on the scope of the investigation as it
appeared in the Initiation Notice. For
discussion of those comments, see the
Preliminary Decision Memorandum.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Postponement of Deadline for
Preliminary Determination
The Department published the notice
of postponement of preliminary
determination of this investigation on
November 25, 2015.3 Pursuant to
1 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Initiation of Less-Than-Fair Value
Investigations, 80 FR 54261 (September 9, 2015)
(Initiation Notice).
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Decision
Memorandum for the Preliminary Determination in
the Antidumping Duty Investigation of Certain HotRolled Steel Flat Products from the Republic of
Turkey’’ (Preliminary Decision Memorandum),
dated concurrently with this notice.
3 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 80 FR 73702 (November 25, 2015).
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sections 733(c)(1)(B)(i) and (ii) of the
Act, we postponed the preliminary
determination by 50 days.4 As a result
of the postponement, the revised
deadline for the preliminary
determination of this investigation is
March 8, 2016. However, as explained
in the memorandum from the Acting
Assistant Secretary for Enforcement and
Compliance, the Department has
exercised its discretion to toll all
administrative deadlines due to the
recent closure of the Federal
Government.5 All deadlines in this
investigation have been extended by
four business days.6 The revised
deadline for the preliminary
determination of this investigation is
now March 14, 2016.
Methodology
The Department is conducting this
investigation in accordance with section
731 of the Act. Export prices (EP) have
been calculated in accordance with
section 772(a) of the Act. Constructed
export prices (CEP) have been
calculated in accordance with section
772(b) of the Act. Normal value (NV) is
calculated in accordance with section
773 of the Act. For a full description of
the methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
Single Entity Treatment
For the reasons set forth in the
Preliminary Decision Memorandum and
in accordance with 19 CFR 351.401(f)
and the Department’s practice, we are
treating Colakoglu Metalurji A.S.
(Colakoglu) and Colakoglu Dis Ticaret
A.S. (COTAS) (collectively, Colakoglu),
as well as Eregli Demir ve Celik
Fabrikalari T.A.S. (Erdemir) and
Iskenderun Demir Ve Celik (Iskenderun)
(collectively, Erdemir), as single
entities, for the purposes of this
preliminary determination.7
All-Others Rate
Consistent with sections
733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an
estimated all-others rate. Section
735(c)(5)(B) 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
4 Id.
5 See Memorandum to the Record from Ron
Lorentzen, Acting A/S for Enforcement and
Compliance, regarding ‘‘Tolling of Administrative
Deadlines As a Result of the Government Closure
During Snowstorm Jonas,’’ (January 27, 2016).
6 Id.
7 See ‘‘Affiliation And Collapsing’’ section of the
Preliminary Decision Memorandum.
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exporters and producers individually
investigated, excluding any zero and de
minimis margins, and any margins
determined entirely under section 776
of the Act. Where the rates for
investigated companies are zero or de
minimis, or based entirely on facts
otherwise available, section
705(c)(5)(A)(ii) of the Act instructs the
Department to establish an ‘‘all-others’’
rate using ‘‘any reasonable method.’’
In this investigation, we calculated
weighted-average dumping margins for
Colakoglu and Erdemir that are above de
minimis and are not based on total facts
available. We calculated the all-others
rate using a weighted-average of the
dumping margins calculated for the
mandatory respondents using each
company’s publicly-ranged values for
the merchandise under consideration.8
Preliminary Determination
The Department preliminarily
determines that the following estimated
weighted-average dumping margins
exist:
Exporter/manufacturer
Colakoglu Metalurji A.S./
Colakoglu Dis Ticaret
A.S.9 ..................................
Eregli Demir ve Celik
Fabrikalari T.A.S./
Iskenderun Demir Ve
Celik 10 ..............................
All-Others ..............................
Dumping
margins
(percent)
7.07
5.24
6.82
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, we will direct U.S. Customs
8 With two respondents, we normally calculate
(A) a weighted-average of the dumping margins
calculated for the mandatory respondents; (B) a
simple average of the dumping margins calculated
for the mandatory respondents; and (C) a weightedaverage of the dumping margins calculated for the
mandatory respondents using each company’s
publicly-ranged values for the merchandise under
consideration. We would compare (B) and (C) to (A)
and select the rate closest to (A) as the most
appropriate rate for all other companies. See Ball
Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged
sales data was available, we based the all-others rate
on the publically ranged sales data of the
mandatory respondents. For a complete BPI
explanation, please see the All-Others Calculation
Memorandum.
9 In this investigation, the Department found that
Colakoglu Metalurji A.S. and Colakoglu Dis Ticaret
A.S. are a single entity. See ‘‘Single Entity
Treatment’’ section above; see also the ‘‘Affiliation
and Collapsing’’ section of the Preliminary Decision
Memorandum.
10 In this investigation, the Department found that
Eregli Demir ve Celik Fabrikalari T.A.S. and
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and Border Protection (CBP) to suspend
liquidation of all entries of hot-rolled
steel from Turkey as described in the
scope of the investigation section
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of this notice in the Federal
Register.
Pursuant to section 733(d)(1)(B) of the
Act and 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit equal to the weightedaverage amount by which the NV
exceeds U.S. price as indicated in the
chart above,11 adjusted where
appropriate for export subsidies.12
However, the preliminary determination
in the concurrent countervailing duty
investigation was negative.13 Therefore,
no adjustments for export subsidies will
be applied to the estimated weightedaverage dumping margins calculated for
each respondent, and for the all-others
rate. These suspension of liquidation
instructions will remain in effect until
further notice.
Disclosure
We will disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of announcement of this preliminary
determination in accordance with 19
CFR 351.224(b).
Verification
As provided in section 782(i) of the
Act, we intend to verify information
relied upon in making our final
determination.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Public Comment
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
Iskenderun Demir Ve Celik are a single entity. See
‘‘Single Entity Treatment’’ section above; see also
the ‘‘Affiliation and Collapsing’’ section of the
Preliminary Decision Memorandum.
11 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
12 See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, the Department calculates
the adjustment for export subsidies in
investigations not in the margin calculation
program, but in the cash deposit instructions issued
to CBP. See Notice of Final Determination of Sales
at Less Than Fair Value, and Negative
Determination of Critical Circumstances: Certain
Lined Paper Products from India, 71 FR 45012
(August 8, 2006), and accompanying Issues and
Decision Memorandum at Comment 1.
13 See Countervailing Duty Investigation of
Certain Hot-Rolled Steel Flat Products From the
Republic of Turkey: Preliminary Negative
Countervailing Duty Determination and Alignment
of Final Determination With Final Antidumping
Duty Determination, 81 FR 2166 (January 15, 2016).
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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.14
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.15 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.
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 March 8, 2016, pursuant to 19 CFR
351.210(b) and (e), Colakoglu and
Erdemir requested that, contingent upon
an affirmative preliminary
14 See
15 See
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19 CFR 351.310(c).
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15233
determination of sales at LTFV for the
respondents, the Department postpone
the final determination and that
provisional measures be extended to a
period not to exceed six months.16
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; 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.17
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: March 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation
are certain hot-rolled, flat-rolled steel
products, with or without patterns in relief,
and 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 thickness, and
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 of less than 4.75 mm
16 See Letter from Colakoglu, ‘‘Certain Hot-Rolled
Steel Flat Products from Turkey: Colakoglu’s
Request to Extend the Final Determination’’ (March
8, 2016); and Letter from Erdemir, ‘‘Hot-Rolled Steel
Flat Products from Turkey; Request to Extend Final
Determination,’’ (March 8, 2016).
17 See also 19 CFR 351.210(e).
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
and a width that is 12.7 mm or greater and
that measures at least 10 times 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 achieve 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 unless the resulting measurement
makes the product covered by the existing
antidumping 18 or countervailing duty 19
orders on Certain Cut-To-Length CarbonQuality Steel Plate Products From the
Republic of Korea (A–580–836; C–580–837),
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, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium, 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,
the substrate for motor lamination steels,
Advanced High Strength Steels (AHSS), and
Ultra High Strength Steels (UHSS). IF steels
are recognized as low carbon steels with
18 See Notice of Amendment of Final
Determinations of Sales at Less Than Fair Value
and Antidumping Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate Products From
France, India, Indonesia, Italy, Japan and the
Republic of Korea, 65 FR 6585 (February 10, 2000).
19 See Notice of Amended Final Determinations:
Certain Cut-to-Length Carbon-Quality Steel Plate
From India and the Republic of Korea; and Notice
of Countervailing Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate From France,
India, Indonesia, Italy, and the Republic of Korea,
65 FR 6587 (February 10, 2000).
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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. The substrate for motor
lamination steels contains 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 hot-rolled
steel that has been further processed in a
third country, including but not limited to
pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing,
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 hot-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:
• Universal mill plates (i.e., hot-rolled,
flat-rolled products not in coils that have
been rolled on four faces or in a closed box
pass, of a width exceeding 150 mm but not
exceeding 1250 mm, of a thickness not less
than 4.0 mm, and without patterns in relief);
• Products that have been cold-rolled
(cold-reduced) after hot-rolling; 20
• Ball bearing steels; 21
• Tool steels; 22 and
20 For purposes of this scope exclusion, rolling
operations such as a skin pass, levelling, temper
rolling or other minor rolling operations after the
hot-rolling process for purposes of surface finish,
flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this
exclusion.
21 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.
22 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.
PO 00000
Frm 00015
Fmt 4703
Sfmt 9990
• Silico-manganese steels; 23
The products subject to this investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.10.1500,
7208.10.3000, 7208.10.6000, 7208.25.3000,
7208.25.6000, 7208.26.0030, 7208.26.0060,
7208.27.0030, 7208.27.0060, 7208.36.0030,
7208.36.0060, 7208.37.0030, 7208.37.0060,
7208.38.0015, 7208.38.0030, 7208.38.0090,
7208.39.0015, 7208.39.0030, 7208.39.0090,
7208.40.6030, 7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000, 7210.70.3000,
7211.14.0030, 7211.14.0090, 7211.19.1500,
7211.19.2000, 7211.19.3000, 7211.19.4500,
7211.19.6000, 7211.19.7530, 7211.19.7560,
7211.19.7590, 7225.11.0000, 7225.19.0000,
7225.30.3050, 7225.30.7000, 7225.40.7000,
7225.99.0090, 7226.11.1000, 7226.11.9030,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.5000, 7226.91.7000, and
7226.91.8000. The products subject to the
investigation may also enter under the
following HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060,
7214.91.0090, 7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000, 7226.99.0180,
and 7228.60.6000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
and Border Protection 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. Scope Comments
VII. Affiliation and Collapsing
VIII. Discussion of the Methodology
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export
Price
XII. Normal Value
XIII. Currency Conversions
XIV. Adjustments to Cash Deposit Rates for
Export Subsidies in Companion
Countervailing Duty Investigation
XV. Conclusion
[FR Doc. 2016–06440 Filed 3–21–16; 8:45 am]
BILLING CODE 3510–DS–P
23 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.
E:\FR\FM\22MRN1.SGM
22MRN1
]]>Agencies
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15231-15234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06440]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-826]
Certain Hot-Rolled Steel Flat Products From the Republic of
Turkey: Affirmative Preliminary Determination of Sales at Less Than
Fair Value 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 certain hot-rolled steel flat products (hot-rolled
steel) from the Republic of Turkey (Turkey) 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 are shown in
the ``Preliminary Determination'' section of this notice. Interested
parties are invited to comment on this preliminary determination.
DATES: Effective: March 22, 2016.
FOR FURTHER INFORMATION CONTACT: Alexander Cipolla or Toni Page, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4956 or (202) 482-1398, respectively.
SUPPLEMENTARY INFORMATION:
[[Page 15232]]
Background
The Department published the notice of initiation of this
investigation on September 9, 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 Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Initiation of Less-Than-Fair
Value Investigations, 80 FR 54261 (September 9, 2015) (Initiation
Notice).
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Decision Memorandum for the Preliminary Determination in the
Antidumping Duty Investigation of Certain Hot-Rolled Steel Flat
Products from the Republic of Turkey'' (Preliminary Decision
Memorandum), dated concurrently with this notice.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is hot-rolled steel from
Turkey. For a full description of the scope of this investigation, see
the ``Scope of the Investigation,'' in Appendix I.
Scope Comments
Certain interested parties commented on the scope of the
investigation as it appeared in the Initiation Notice. For discussion
of those comments, see the Preliminary Decision Memorandum.
Postponement of Deadline for Preliminary Determination
The Department published the notice of postponement of preliminary
determination of this investigation on November 25, 2015.\3\ Pursuant
to sections 733(c)(1)(B)(i) and (ii) of the Act, we postponed the
preliminary determination by 50 days.\4\ As a result of the
postponement, the revised deadline for the preliminary determination of
this investigation is March 8, 2016. However, as explained in the
memorandum from the Acting Assistant Secretary for Enforcement and
Compliance, the Department has exercised its discretion to toll all
administrative deadlines due to the recent closure of the Federal
Government.\5\ All deadlines in this investigation have been extended
by four business days.\6\ The revised deadline for the preliminary
determination of this investigation is now March 14, 2016.
---------------------------------------------------------------------------
\3\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Postponement of Preliminary
Determinations of Antidumping Duty Investigations, 80 FR 73702
(November 25, 2015).
\4\ Id.
\5\ See Memorandum to the Record from Ron Lorentzen, Acting A/S
for Enforcement and Compliance, regarding ``Tolling of
Administrative Deadlines As a Result of the Government Closure
During Snowstorm Jonas,'' (January 27, 2016).
\6\ Id.
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Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Export prices (EP) have been calculated in
accordance with section 772(a) of the Act. Constructed export prices
(CEP) have been calculated in accordance with section 772(b) of the
Act. Normal value (NV) is calculated in accordance with section 773 of
the Act. For a full description of the methodology underlying our
preliminary conclusions, see the Preliminary Decision Memorandum.
Single Entity Treatment
For the reasons set forth in the Preliminary Decision Memorandum
and in accordance with 19 CFR 351.401(f) and the Department's practice,
we are treating Colakoglu Metalurji A.S. (Colakoglu) and Colakoglu Dis
Ticaret A.S. (COTAS) (collectively, Colakoglu), as well as Eregli Demir
ve Celik Fabrikalari T.A.S. (Erdemir) and Iskenderun Demir Ve Celik
(Iskenderun) (collectively, Erdemir), as single entities, for the
purposes of this preliminary determination.\7\
---------------------------------------------------------------------------
\7\ See ``Affiliation And Collapsing'' section of the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
All-Others Rate
Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act,
the Department also calculated an estimated all-others rate. Section
735(c)(5)(B) of the Act provides that the estimated all-others rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act. Where the rates for investigated companies are zero or de minimis,
or based entirely on facts otherwise available, section
705(c)(5)(A)(ii) of the Act instructs the Department to establish an
``all-others'' rate using ``any reasonable method.''
In this investigation, we calculated weighted-average dumping
margins for Colakoglu and Erdemir that are above de minimis and are not
based on total facts available. We calculated the all-others rate using
a weighted-average of the dumping margins calculated for the mandatory
respondents using each company's publicly-ranged values for the
merchandise under consideration.\8\
---------------------------------------------------------------------------
\8\ With two respondents, we normally calculate (A) a weighted-
average of the dumping margins calculated for the mandatory
respondents; (B) a simple average of the dumping margins calculated
for the mandatory respondents; and (C) a weighted-average of the
dumping margins calculated for the mandatory respondents using each
company's publicly-ranged values for the merchandise under
consideration. We would compare (B) and (C) to (A) and select the
rate closest to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
available, we based the all-others rate on the publically ranged
sales data of the mandatory respondents. For a complete BPI
explanation, please see the All-Others Calculation Memorandum.
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that the following
estimated weighted-average dumping margins exist:
------------------------------------------------------------------------
Dumping
Exporter/manufacturer margins
(percent)
------------------------------------------------------------------------
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S.\9\.. 7.07
Eregli Demir ve Celik Fabrikalari T.A.S./Iskenderun 5.24
Demir Ve Celik \10\....................................
All-Others.............................................. 6.82
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs
[[Page 15233]]
and Border Protection (CBP) to suspend liquidation of all entries of
hot-rolled steel from Turkey 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.
---------------------------------------------------------------------------
\9\ In this investigation, the Department found that Colakoglu
Metalurji A.S. and Colakoglu Dis Ticaret A.S. are a single entity.
See ``Single Entity Treatment'' section above; see also the
``Affiliation and Collapsing'' section of the Preliminary Decision
Memorandum.
\10\ In this investigation, the Department found that Eregli
Demir ve Celik Fabrikalari T.A.S. and Iskenderun Demir Ve Celik are
a single entity. See ``Single Entity Treatment'' section above; see
also the ``Affiliation and Collapsing'' section of the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
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,\11\ adjusted where appropriate for export
subsidies.\12\ However, the preliminary determination in the concurrent
countervailing duty investigation was negative.\13\ Therefore, no
adjustments for export subsidies will be applied to the estimated
weighted-average dumping margins calculated for each respondent, and
for the all-others rate. These suspension of liquidation instructions
will remain in effect until further notice.
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\11\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\12\ See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, the Department calculates the adjustment for
export subsidies in investigations not in the margin calculation
program, but in the cash deposit instructions issued to CBP. See
Notice of Final Determination of Sales at Less Than Fair Value, and
Negative Determination of Critical Circumstances: Certain Lined
Paper Products from India, 71 FR 45012 (August 8, 2006), and
accompanying Issues and Decision Memorandum at Comment 1.
\13\ See Countervailing Duty Investigation of Certain Hot-Rolled
Steel Flat Products From the Republic of Turkey: Preliminary
Negative Countervailing Duty Determination and Alignment of Final
Determination With Final Antidumping Duty Determination, 81 FR 2166
(January 15, 2016).
---------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed to interested parties
in this proceeding within five days of the date of announcement of this
preliminary determination in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i) of the Act, we intend to verify
information relied upon in making our final determination.
Public Comment
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.\14\ 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.
---------------------------------------------------------------------------
\14\ 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.\15\ 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.
---------------------------------------------------------------------------
\15\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
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 March 8, 2016, pursuant to 19 CFR 351.210(b) and (e), Colakoglu
and Erdemir requested that, contingent upon an affirmative preliminary
determination of sales at LTFV for the respondents, the Department
postpone the final determination and that provisional measures be
extended to a period not to exceed six months.\16\
---------------------------------------------------------------------------
\16\ See Letter from Colakoglu, ``Certain Hot-Rolled Steel Flat
Products from Turkey: Colakoglu's Request to Extend the Final
Determination'' (March 8, 2016); and Letter from Erdemir, ``Hot-
Rolled Steel Flat Products from Turkey; Request to Extend Final
Determination,'' (March 8, 2016).
---------------------------------------------------------------------------
In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our preliminary determination is
affirmative; (2) the requesting exporters account for a significant
proportion of exports of the subject merchandise; 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.\17\
---------------------------------------------------------------------------
\17\ 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: March 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are certain hot-
rolled, flat-rolled steel products, with or without patterns in
relief, and 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
thickness, and 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 of less than 4.75 mm
[[Page 15234]]
and a width that is 12.7 mm or greater and that measures at least 10
times 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 achieve 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 unless the resulting measurement makes the product
covered by the existing antidumping \18\ or countervailing duty \19\
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products
From the Republic of Korea (A-580-836; C-580-837), and
---------------------------------------------------------------------------
\18\ See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products From France, India,
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585
(February 10, 2000).
\19\ See Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate From India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate From France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000).
---------------------------------------------------------------------------
(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, or
0.80 percent of molybdenum, or
0.10 percent of niobium, 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, the
substrate for 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. The substrate for motor
lamination steels contains 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 hot-rolled steel that has been
further processed in a third country, including but not limited to
pickling, oiling, levelling, annealing, tempering, temper rolling,
skin passing, 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 hot-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:
Universal mill plates (i.e., hot-rolled, flat-rolled
products not in coils that have been rolled on four faces or in a
closed box pass, of a width exceeding 150 mm but not exceeding 1250
mm, of a thickness not less than 4.0 mm, and without patterns in
relief);
Products that have been cold-rolled (cold-reduced)
after hot-rolling; \20\
---------------------------------------------------------------------------
\20\ For purposes of this scope exclusion, rolling operations
such as a skin pass, levelling, temper rolling or other minor
rolling operations after the hot-rolling process for purposes of
surface finish, flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this exclusion.
---------------------------------------------------------------------------
Ball bearing steels; \21\
---------------------------------------------------------------------------
\21\ Ball bearing steels are defined as steels which contain, in
addition to iron, each of the following elements by weight in the
amount specified: (i) Not less than 0.95 nor more than 1.13 percent
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv)
none, or not more than 0.03 percent of phosphorus; (v) not less than
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25
nor more than 1.65 percent of chromium; (vii) none, or not more than
0.28 percent of nickel; (viii) none, or not more than 0.38 percent
of copper; and (ix) none, or not more than 0.09 percent of
molybdenum.
---------------------------------------------------------------------------
Tool steels; \22\ and
---------------------------------------------------------------------------
\22\ Tool steels are defined as steels which contain the
following combinations of elements in the quantity by weight
respectively indicated: (i) More than 1.2 percent carbon and more
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent chromium; or
(iii) not less than 0.85 percent carbon and 1 percent to 1.8
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent,
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon and not less
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent
carbon and not less than 5.5 percent tungsten.
---------------------------------------------------------------------------
Silico-manganese steels; \23\
---------------------------------------------------------------------------
\23\ Silico-manganese steel is defined as steels containing by
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or
more but not more than 1.9 percent of manganese, and (iii) 0.6
percent or more but not more than 2.3 percent of silicon.
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The products subject to this investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7208.10.1500, 7208.10.3000,
7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030,
7208.26.0060, 7208.27.0030, 7208.27.0060, 7208.36.0030,
7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015,
7208.38.0030, 7208.38.0090, 7208.39.0015, 7208.39.0030,
7208.39.0090, 7208.40.6030, 7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000, 7210.70.3000, 7211.14.0030,
7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000,
7211.19.4500, 7211.19.6000, 7211.19.7530, 7211.19.7560,
7211.19.7590, 7225.11.0000, 7225.19.0000, 7225.30.3050,
7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000,
7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.5000, 7226.91.7000, and 7226.91.8000. The products subject
to the investigation may also enter under the following HTSUS
numbers: 7210.90.9000, 7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060, 7214.91.0090,
7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.5000,
7226.99.0180, and 7228.60.6000.
The HTSUS subheadings above are provided for convenience and
U.S. Customs and Border Protection 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. Scope Comments
VII. Affiliation and Collapsing
VIII. Discussion of the Methodology
IX. Date of Sale
X. Product Comparisons
XI. Export Price and Constructed Export Price
XII. Normal Value
XIII. Currency Conversions
XIV. Adjustments to Cash Deposit Rates for Export Subsidies in
Companion Countervailing Duty Investigation
XV. Conclusion
[FR Doc. 2016-06440 Filed 3-21-16; 8:45 am]
BILLING CODE 3510-DS-P
