Certain Hot-Rolled Steel Flat Products From Brazil: Affirmative Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 15235-15238 [2016-06449]
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Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–845]
Certain Hot-Rolled Steel Flat Products
From Brazil: Affirmative Preliminary
Determination of Sales at Less Than
Fair Value, Postponement of Final
Determination, and Extension of
Provisional Measures
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that certain hot-rolled steel
flat products (hot-rolled steel) from
Brazil are being, or are likely to be, sold
in the United States at less than fair
value (LTFV), as provided in section
733(b) of the Tariff Act of 1930, as
amended (the Act). The period of
investigation (POI) is July 1, 2014,
through June 30, 2015. The estimated
weighted-average dumping margins of
sales at LTFV are shown in the
‘‘Preliminary Determination’’ section of
this notice. Interested parties are invited
to comment on this preliminary
determination.
AGENCY:
DATES:
Effective: March 22, 2016.
FOR FURTHER INFORMATION CONTACT:
Peter Zukowski or Yang Jin Chun, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–0189 or (202) 482–5760,
respectively.
SUPPLEMENTARY INFORMATION:
Background
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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 Preliminary Decision
Memorandum.2 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
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 Deputy Assistant
Secretary Christian Marsh to Assistant Secretary
Paul Piquado entitled ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Hot-Rolled Steel
Flat Products from the Brazil’’ (Preliminary
Decision Memorandum), dated concurrently with
this notice and hereby adopted by this notice.
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15235
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/.
Methodology
Scope of the Investigation
All-Others Rate
The products covered by this
investigation are hot-rolled steel from
Brazil. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I.
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)(A) of the Act provides that the
estimated all-others rate shall be an
amount equal to the weighted average of
the estimated weighted-average
dumping margins established for
exporters and producers individually
investigated, excluding any zero and de
minimis margins, and any margins
determined entirely under section 776
of the Act. For purposes of this
preliminary determination, we are
assigning as the ‘‘all-others’’ rate the rate
of 33.91 percent, which is based on the
estimated dumping margin calculated
´
for Companhia Siderurgica Nacional
(CSN), the only mandatory respondent
for which we calculated a dumping
margin.
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. 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’ ’’ dated January 27, 2016.
6 Id.
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The Department is conducting this
investigation in accordance with section
731 of the Act. Export prices have been
calculated in accordance with section
772(a) of the Act. Constructed export
prices have been calculated in
accordance with section 772(b) of the
Act. Normal value (NV) is calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
preliminary conclusions, see the
Preliminary Decision Memorandum.
Preliminary Determination
The Department preliminarily
determines that the following weightedaverage dumping margins exist:
Exporter/producer
´
Companhia Siderurgica
Nacional (CSN) .................
Usinas Siderurgicas de
Minas Gerais S.A.
(Usiminas) .........................
All-Others ..............................
Weightedaverage
margin
(percent)
33.91
34.28
33.91
Suspension of Liquidation
In accordance with section 733(d)(2)
of the Act, we will direct U.S. Customs
and Border Protection (CBP) to suspend
liquidation of all entries of hot-rolled
steel from Brazil as described in the
Scope of the Investigation in Appendix
I entered, or withdrawn from
warehouse, for consumption on or after
the date of publication of this notice in
the Federal Register, except for CSN
and Usiminas, as described below.
Section 733(e)(2) of the Act provides
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Federal Register / Vol. 81, No. 55 / Tuesday, March 22, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
that, given an affirmative determination
of critical circumstances, any
suspension of liquidation shall apply to
unliquidated entries of merchandise
entered, or withdrawn from warehouse,
for consumption on or after the later of
(a) the date which is 90 days before the
date on which the suspension of
liquidation was first ordered, or (b) the
date on which notice of initiation of the
investigation was published. On
December 9, 2015, we preliminarily
found that critical circumstances exist
for imports exported by CSN and
Usiminas.7 For CSN and Usiminas, in
accordance with section 733(e)(2)(A) of
the Act, suspension of liquidation of
hot-rolled steel from Brazil, as described
in the ‘‘Scope of the Investigation’’ in
Appendix I, shall apply to unliquidated
entries of merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of this
notice, the date suspension of
liquidation is first ordered. Because we
find critical circumstances do not exist
for ‘‘all others,’’ we will begin
suspension of liquidation for such firms
on the date of publication of this notice
in the Federal Register.
Pursuant to section 733 (d)(1)(B) of
the Act and 19 CFR 351.205(d), the
Department will instruct CBP to require
a cash deposit equal to the weightedaverage amount by which the NV
exceeds U.S. price, adjusted where
appropriate for export subsidies, as
follows: (1) The rates for CSN and
Usiminas, when adjusted for export
subsidies, are 29.78 and 30.46 percent,
respectively; (2) if the exporter is not a
firm identified in this investigation, but
the producer is, the rate will be the rate
established for the producer of the
subject merchandise, less export
subsidies; (3) the rate for all other
producers or exporters when adjusted
for export subsidies is 29.93 percent.8
7 See Antidumping Duty Investigations of Certain
Hot-Rolled Steel Flat Products From Australia,
Brazil, Japan, and the Netherlands and
Countervailing Duty Investigation of Certain HotRolled Steel Flat Products From Brazil: Preliminary
Determinations of Critical Circumstances, 80 FR
76444 (December 9, 2015).
8 Consistent with the Department’s normal
practice, because we calculated the ‘‘All Others
Rate’’ in this investigation based on the calculated
weighted-average dumping margin for CSN, the
‘‘All Others Rate’’ includes export subsidies at a
rate equal to the average of the CVD export subsidy
rates applicable to the mandatory respondents. See
Utility Scale Wind Towers From the People’s
Republic of China: Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, 77 FR 46034, 46043 (August
2, 2012); see also, ‘‘Antidumping Duty Investigation
of Certain Hot-Rolled Steel Flat Products from
Brazil: Calculation of All-Others Rate’’ (All-Others
Rate Memorandum), dated concurrently with this
notice.
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These suspensions of liquidation
instructions will remain in effect until
further notice.
Disclosure
We intend to disclose the calculations
performed to interested parties in this
proceeding within five days of the date
of publication of this notice in
accordance with 19 CFR 351.224(b).
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.9
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to submit with each
argument: (1) A statement of the issue;
(2) a brief summary of the argument;
and (3) a table of authorities.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, U.S. Department of
Commerce. All documents must be filed
electronically using ACCESS. An
electronically-filed request must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time,
within 30 days after the date of
publication of this notice.10 Requests
should contain the party’s name,
address, and telephone number, the
number of participants, and a list of the
issues to be discussed. If a request for
a hearing is made, the Department
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
9 See
19 CFR 351.309.
19 CFR 351.310(c).
10 See
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Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Act provides
that a final determination may be
postponed until not later than 135 days
after the date of the publication of the
preliminary determination if, in the
event of an affirmative preliminary
determination, a request for such
postponement is made by exporters who
account for a significant proportion of
exports of the subject merchandise, or in
the event of a negative preliminary
determination, a request for such
postponement is made by the
petitioners. Respondents’ requests for
postponement of a final antidumping
determination must 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.11
On February 22, and February 25,
2016, respectively, pursuant to 19 CFR
351.210(e), CSN and Usiminas
requested that the Department postpone
the final determination and extend
provisional measures to a period not to
exceed six months.12
In accordance with section
735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our
preliminary determination is
affirmative; (2) the requesting exporter
accounts for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, we are postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, we will make our
final determination no later than 135
days after the date of publication of this
preliminary determination, pursuant to
section 735(a)(2) of the Act.13
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, we are notifying the ITC of our
affirmative preliminary determination of
sales at LTFV. If our final determination
is affirmative, the ITC will determine
before the later of 120 days after the date
of this preliminary determination or 45
days after our final determination
whether these imports are materially
injuring, or threaten material injury to,
the U.S. industry.
11 See
19 CFR 351.210(e)(2).
Letter to the Secretary of Commerce from
CSN, ‘‘Request for Postponement of Final
Determinations,’’ (February 22, 2016). See also
letter to the Secretary of Commerce from Usiminas,
‘‘Cold-Rolled and Hot-Rolled Steel Flat Products
from Brazil; Request for Postponement of Final
Determinations,’’ (February 25, 2016).
13 See 19 CFR 351.210(e).
12 See
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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
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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
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 14 or countervailing duty 15
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
14 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).
15 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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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; 16
16 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.
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15237
• Ball bearing steels; 17
• Tool steels; 18 and
• Silico-manganese steels; 19
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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Preliminary Determination of Critical
Circumstances
V. Scope of the Investigation
17 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.
18 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.
19 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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VI. Scope Comments
VII. All-Others Rate
VIII. Discussion of Methodology
A. Determination of the Comparison
Method
B. Results of the Differential Pricing
Analysis
C. Application of Facts Available and
Adverse Inferences
1. Application of Facts Available With an
Adverse Inference
2. Selection of Information Used as Facts
Available
3. Selection and Corroboration of the AFA
Rate
IX. Date of Sale
X. Product Comparisons
XI. Constructed Export Price
XII. 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
XIII. Currency Conversion
XIV. Adjustments to Cash Deposit Rates For
Export Subsidies in the Companion
Countervailing Duty Investigation
XV. Conclusion
[FR Doc. 2016–06449 Filed 3–21–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–068]
Aluminum Extrusions From the
People’s Republic of China: Amended
Final Results of Countervailing Duty
Administrative Review; 2013
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On December 14, 2015, the
Department of Commerce (the
Department) published the Final Results
of the administrative review of the
countervailing duty (CVD) order 1 on
aluminum extrusions from the People’s
Republic of China (PRC) for the January
1, 2013, through December 31, 2013
period of review (POR).2 As explained
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
1 See Aluminum Extrusions from the People’s
Republic of China: Countervailing Duty Order, 76
FR 30653 (May 26, 2011) (Order).
2 See Aluminum Extrusions from the People’s
Republic of China: Final Results, and Partial
Rescission of Countervailing Duty Administrative
Review; 2013, 80 FR 77325, dated December 14,
2015 (Final Results); Memorandum from Christian
Marsh, Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations to Paul
Piquado Assistant Secretary for Enforcement and
Compliance regarding: ‘‘Decision Memorandum for
the Final Results of Countervailing Duty
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below, the Department is amending the
Final Results to correct the net subsidy
rates for the Jangho Companies,3 nonselected cooperative respondents, and
companies for which we applied total
adverse facts available (AFA) in the
Final Results. The amended final net
subsidy rates are listed below in
‘‘Amended Final Results of
Administrative Review.’’ 4
DATES: Effective Date: March 22, 2016.
FOR FURTHER INFORMATION CONTACT:
Davina Friedmann, Tyler Weinhold or
Robert James, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–0698, (202) 482–1121 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 14, 2015, the
Department published the Final
Results.5 On December 15, 2015, the
Jangho Companies alleged that certain
ministerial errors were contained in the
Final Results, and requested that the
Department correct such errors.6 No
other party has submitted ministerial
error comments or rebuttal comments.
Before the Department could take
action on the alleged ministerial errors,
both Taizhou United Imp & Exp Co Ltd.
and the Jangho Companies filed a
summons and complaint with the U.S.
Court of International Trade (‘‘CIT’’)
challenging the Final Results, which
vested the CIT with jurisdiction over the
administrative proceeding.7 On
Administrative Review: Aluminum Extrusions from
the People’s Republic of China, 2013 (Third
Review),’’ December 7, 2015 (Final Results Issues
and Decision Memorandum).
3 For purposes of this administrative review, the
Jangho Companies includes Guangzhou Jangho
Curtain Wall System Engineering Co., Ltd.,
(Guangzhou Jangho); Jangho Group Co., Ltd. (Jangho
Group Co.); Beijing Jiangheyuan Holding Co., Ltd
(Beijing Jiangheyuan); Beijing Jangho Curtain Wall
System Engineering Co., Ltd. (Beijing Jangho); and
Shanghai Jangho Curtain Wall System Engineering
Co., Ltd., (Shanghai Jangho).
4 On December 17, 2015, the Department issued
a memorandum correcting certain inadvertent
errors in the Issues and Decision Memorandum. See
Memorandum to the File from Tyler Weinhold:
‘‘Countervailing Duty Order on Aluminum
Extrusions from the People’s Republic of China:
Errors in the Issues and Decision Memorandum for
the Final Results of the 2013 Administrative
Review,’’ December 17, 2015. We hereby
incorporate that memorandum by reference in this
notice.
5 See Final Results.
6 See letter from the Jangho Companies to the
Department regarding: ‘‘Aluminum Extrusions from
the People’s Republic of China: Ministerial Errors,’’
December 15, 2015 (Ministerial Error Allegation).
7 See Zenith Elecs. Corp. v. United States, 884
F.2d 556, 561–62 (Fed. Cir. 1989).
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
February 8 and 12, 2016, the CIT
granted the Department leave to publish
amended final results upon considering
the ministerial error allegations.8
Scope of the Order
The merchandise covered by the
Order is aluminum extrusions which are
shapes and forms, produced by an
extrusion process, made from aluminum
alloys having metallic elements
corresponding to the alloy series
designations published by The
Aluminum Association commencing
with the numbers 1, 3, and 6 (or
proprietary equivalents or other
certifying body equivalents).9
Imports of the subject merchandise
are provided for under the following
categories of the Harmonized Tariff
Schedule of the United States (HTSUS):
9031.90.90.95, 7610.10.00, 7610.90.00,
7615.10.30, 7615.10.71, 7615.10.91,
7615.19.10, 7615.19.30, 7615.19.50,
7615.19.70, 7615.19.90, 7615.20.00,
7616.99.10, 7616.99.50, 8479.89.98,
8479.90.94, 8513.90.20, 9403.10.00,
9403.20.00, 7604.21.00.00,
7604.29.10.00, 7604.29.30.10,
7604.29.30.50, 7604.29.50.30,
7604.29.50.60, 7608.20.00.30,
7608.20.00.90, 8302.10.30.00,
8302.10.60.30, 8302.10.60.60,
8302.10.60.90, 8302.20.00.00,
8302.30.30.10, 8302.30.30.60,
8302.41.30.00, 8302.41.60.15,
8302.41.60.45, 8302.41.60.50,
8302.41.60.80, 8302.42.30.10,
8302.42.30.15, 8302.42.30.65,
8302.49.60.35, 8302.49.60.45,
8302.49.60.55, 8302.49.60.85,
8302.50.00.00, 8302.60.90.00,
8305.10.00.50, 8306.30.00.00,
8418.99.80.05, 8418.99.80.50,
8418.99.80.60, 8419.90.10.00,
8422.90.06.40, 8479.90.85.00,
8486.90.00.00, 8487.90.00.80,
8503.00.95.20, 8515.90.20.00,
8516.90.50.00, 8516.90.80.50,
8708.80.65.90, 9401.90.50.81,
9403.90.10.40, 9403.90.10.50,
9403.90.10.85, 9403.90.25.40,
9403.90.25.80, 9403.90.40.05,
9403.90.40.10, 9403.90.40.60,
9403.90.50.05, 9403.90.50.10,
9403.90.50.80, 9403.90.60.05,
9403.90.60.10, 9403.90.60.80,
9403.90.70.05, 9403.90.70.10,
9403.90.70.80, 9403.90.80.10,
9403.90.80.15, 9403.90.80.20,
9403.90.80.30, 9403.90.80.41,
9403.90.80.51, 9403.90.80.61,
8 See Taizhou United Imp. & Exp. Co. Ltd. v.
United States, CIT No. 16–00009; Guangzhou
Jangho Curtain Wall System Engineering Co., Ltd.
et al v. United States, CIT No. 16–00012.
9 See Final Results Issues and Decision
Memorandum for a complete description of the
scope of the Order.
E:\FR\FM\22MRN1.SGM
22MRN1
]]>Agencies
[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15235-15238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06449]
[[Page 15235]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-845]
Certain Hot-Rolled Steel Flat Products From Brazil: Affirmative
Preliminary Determination of Sales at Less Than Fair Value,
Postponement of Final Determination, and Extension of Provisional
Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that certain hot-rolled steel flat products (hot-rolled
steel) from Brazil are being, or are likely to be, sold in the United
States at less than fair value (LTFV), as provided in section 733(b) of
the Tariff Act of 1930, as amended (the Act). The period of
investigation (POI) is July 1, 2014, through June 30, 2015. The
estimated weighted-average dumping margins of sales at LTFV are shown
in the ``Preliminary Determination'' section of this notice. Interested
parties are invited to comment on this preliminary determination.
DATES: Effective: March 22, 2016.
FOR FURTHER INFORMATION CONTACT: Peter Zukowski or Yang Jin Chun, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-0189 or (202)
482-5760, respectively.
SUPPLEMENTARY INFORMATION:
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
Preliminary Decision Memorandum.\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/.
---------------------------------------------------------------------------
\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 Deputy Assistant Secretary Christian
Marsh to Assistant Secretary Paul Piquado entitled ``Decision
Memorandum for the Preliminary Determination in the Less-Than-Fair-
Value Investigation of Certain Hot-Rolled Steel Flat Products from
the Brazil'' (Preliminary Decision Memorandum), dated concurrently
with this notice and hereby adopted by this notice.
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are hot-rolled steel
from Brazil. For a full description of the scope of this investigation,
see the ``Scope of the Investigation,'' in Appendix I.
Scope Comments
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. 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' '' dated January 27, 2016.
\6\ Id.
---------------------------------------------------------------------------
Methodology
The Department is conducting this investigation in accordance with
section 731 of the Act. Export prices have been calculated in
accordance with section 772(a) of the Act. Constructed export prices
have been calculated in accordance with section 772(b) of the Act.
Normal value (NV) is calculated in accordance with section 773 of the
Act. For a full description of the methodology underlying our
preliminary conclusions, see the Preliminary Decision Memorandum.
All-Others Rate
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)(A) of the Act provides that the estimated all-others rate
shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act. For purposes of this preliminary determination, we are assigning
as the ``all-others'' rate the rate of 33.91 percent, which is based on
the estimated dumping margin calculated for Companhia
Sider[uacute]rgica Nacional (CSN), the only mandatory respondent for
which we calculated a dumping margin.
Preliminary Determination
The Department preliminarily determines that the following
weighted-average dumping margins exist:
------------------------------------------------------------------------
Weighted-
Exporter/producer average margin
(percent)
------------------------------------------------------------------------
Companhia Sider[uacute]rgica Nacional (CSN)............. 33.91
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas)..... 34.28
All-Others.............................................. 33.91
------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to suspend liquidation of all
entries of hot-rolled steel from Brazil as described in the Scope of
the Investigation in Appendix I entered, or withdrawn from warehouse,
for consumption on or after the date of publication of this notice in
the Federal Register, except for CSN and Usiminas, as described below.
Section 733(e)(2) of the Act provides
[[Page 15236]]
that, given an affirmative determination of critical circumstances, any
suspension of liquidation shall apply to unliquidated entries of
merchandise entered, or withdrawn from warehouse, for consumption on or
after the later of (a) the date which is 90 days before the date on
which the suspension of liquidation was first ordered, or (b) the date
on which notice of initiation of the investigation was published. On
December 9, 2015, we preliminarily found that critical circumstances
exist for imports exported by CSN and Usiminas.\7\ For CSN and
Usiminas, in accordance with section 733(e)(2)(A) of the Act,
suspension of liquidation of hot-rolled steel from Brazil, as described
in the ``Scope of the Investigation'' in Appendix I, shall apply to
unliquidated entries of merchandise entered, or withdrawn from
warehouse, for consumption on or after the date which is 90 days before
the publication of this notice, the date suspension of liquidation is
first ordered. Because we find critical circumstances do not exist for
``all others,'' we will begin suspension of liquidation for such firms
on the date of publication of this notice in the Federal Register.
---------------------------------------------------------------------------
\7\ See Antidumping Duty Investigations of Certain Hot-Rolled
Steel Flat Products From Australia, Brazil, Japan, and the
Netherlands and Countervailing Duty Investigation of Certain Hot-
Rolled Steel Flat Products From Brazil: Preliminary Determinations
of Critical Circumstances, 80 FR 76444 (December 9, 2015).
---------------------------------------------------------------------------
Pursuant to section 733 (d)(1)(B) of the Act and 19 CFR 351.205(d),
the Department will instruct CBP to require a cash deposit equal to the
weighted-average amount by which the NV exceeds U.S. price, adjusted
where appropriate for export subsidies, as follows: (1) The rates for
CSN and Usiminas, when adjusted for export subsidies, are 29.78 and
30.46 percent, respectively; (2) if the exporter is not a firm
identified in this investigation, but the producer is, the rate will be
the rate established for the producer of the subject merchandise, less
export subsidies; (3) the rate for all other producers or exporters
when adjusted for export subsidies is 29.93 percent.\8\ These
suspensions of liquidation instructions will remain in effect until
further notice.
---------------------------------------------------------------------------
\8\ Consistent with the Department's normal practice, because we
calculated the ``All Others Rate'' in this investigation based on
the calculated weighted-average dumping margin for CSN, the ``All
Others Rate'' includes export subsidies at a rate equal to the
average of the CVD export subsidy rates applicable to the mandatory
respondents. See Utility Scale Wind Towers From the People's
Republic of China: Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 77 FR 46034,
46043 (August 2, 2012); see also, ``Antidumping Duty Investigation
of Certain Hot-Rolled Steel Flat Products from Brazil: Calculation
of All-Others Rate'' (All-Others Rate Memorandum), dated
concurrently with this notice.
---------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to interested
parties in this proceeding within five days of the date of publication
of this notice in accordance with 19 CFR 351.224(b).
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.\9\ Pursuant to 19 CFR 351.309(c)(2)
and (d)(2), parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.309.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce.
All documents must be filed electronically using ACCESS. An
electronically-filed request must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the
date of publication of this notice.\10\ Requests should contain the
party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, the Department intends to hold the hearing at
the U.S. Department of Commerce, 1401 Constitution Avenue NW.,
Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone the date, time, and location of the hearing
two days before the scheduled date.
---------------------------------------------------------------------------
\10\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination if, in the event of an
affirmative preliminary determination, a request for such postponement
is made by exporters who account for a significant proportion of
exports of the subject merchandise, or in the event of a negative
preliminary determination, a request for such postponement is made by
the petitioners. Respondents' requests for postponement of a final
antidumping determination must 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.\11\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.210(e)(2).
---------------------------------------------------------------------------
On February 22, and February 25, 2016, respectively, pursuant to 19
CFR 351.210(e), CSN and Usiminas requested that the Department postpone
the final determination and extend provisional measures to a period not
to exceed six months.\12\
---------------------------------------------------------------------------
\12\ See Letter to the Secretary of Commerce from CSN, ``Request
for Postponement of Final Determinations,'' (February 22, 2016). See
also letter to the Secretary of Commerce from Usiminas, ``Cold-
Rolled and Hot-Rolled Steel Flat Products from Brazil; Request for
Postponement of Final Determinations,'' (February 25, 2016).
---------------------------------------------------------------------------
In accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because (1) our preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, we are postponing the final determination and
extending the provisional measures from a four-month period to a period
not greater than six months. Accordingly, we will make our final
determination no later than 135 days after the date of publication of
this preliminary determination, pursuant to section 735(a)(2) of the
Act.\13\
---------------------------------------------------------------------------
\13\ See 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.
[[Page 15237]]
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 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 \14\ or countervailing duty \15\
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products
From the Republic of Korea (A-580-836; C-580-837), and
---------------------------------------------------------------------------
\14\ 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).
\15\ 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; \16\
---------------------------------------------------------------------------
\16\ 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; \17\
---------------------------------------------------------------------------
\17\ 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; \18\ and
---------------------------------------------------------------------------
\18\ 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; \19\
---------------------------------------------------------------------------
\19\ 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.
---------------------------------------------------------------------------
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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Preliminary Determination of Critical Circumstances
V. Scope of the Investigation
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VI. Scope Comments
VII. All-Others Rate
VIII. Discussion of Methodology
A. Determination of the Comparison Method
B. Results of the Differential Pricing Analysis
C. Application of Facts Available and Adverse Inferences
1. Application of Facts Available With an Adverse Inference
2. Selection of Information Used as Facts Available
3. Selection and Corroboration of the AFA Rate
IX. Date of Sale
X. Product Comparisons
XI. Constructed Export Price
XII. Normal Value
A. Comparison Market Viability
B. Affiliated Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of COP
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of NV Based on Comparison-Market Prices
XIII. Currency Conversion
XIV. Adjustments to Cash Deposit Rates For Export Subsidies in the
Companion Countervailing Duty Investigation
XV. Conclusion
[FR Doc. 2016-06449 Filed 3-21-16; 8:45 am]
BILLING CODE 3510-DS-P
