Certain Cold-Rolled Steel Flat Products From Brazil: Amended Preliminary Determination of Sales at Less Than Fair Value, 20366-20367 [2016-08010]
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20366
Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–843]
Certain Cold-Rolled Steel Flat Products
From Brazil: Amended Preliminary
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 7, 2016, the
Department of Commerce (the
Department) published the preliminary
determination of sales at less than fair
value (LTFV) in the antidumping
investigation of certain cold-rolled steel
flat products from Brazil.1 We are
amending our Preliminary
Determination to correct for a
ministerial error with respect to the
calculation of the dumping margin for
mandatory respondent Companhia
Siderurgica National (CSN). The
correction to CSN’s margin affects the
dumping margin applicable, as adverse
facts available, to Usinas Siderurgicas
de Minas Gerais (Usiminas), as well as
the dumping margin applicable to all
other companies.
DATES: Effective Date: March 7, 2016.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Joseph Shuler, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–3477 or (202) 482–1293,
respectively.
AGENCY:
On March
7, 2016, CSN timely filed an allegation
that the Department made a significant
ministerial error.2 After reviewing the
allegation, we have determined that the
Preliminary Determination included a
significant ministerial error. Therefore,
we have made changes, as described
below, to the Preliminary
Determination.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
Scope of Investigation
The product covered by this
investigation is cold-rolled steel from
Brazil. For a full description of the
scope of this investigation, see
Preliminary Determination, at Appendix
I.
1 See Certain Cold-Rolled Steel Flat Products from
Brazil: Affirmative Preliminary Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 81 FR 11754 (March 7, 2016)
(Preliminary Determination).
2 See CSN’s March 7, 2016, submission.
VerDate Sep<11>2014
16:35 Apr 06, 2016
Jkt 238001
Significant Ministerial Error
A ministerial error is defined in 19
CFR 351.224(f) as ‘‘an error in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which the Secretary
considers ministerial.’’ Further, 19 CFR
351.224(e) provides that the Department
‘‘will analyze any comments received
and, if appropriate, correct any
significant ministerial error by
amending the preliminary
determination.’’ A significant
ministerial error is defined as a
ministerial error, the correction of
which, singly or in combination with
other errors, would result in: (1) A
change of at least five absolute
percentage points in, but not less than
25 percent of, the weighted-average
dumping margin calculated in the
original (erroneous) preliminary
determination; or (2) a difference
between a weighted-average dumping
margin of zero or de minimis and a
weighted-average dumping margin of
greater than de minimis or vice versa.3
Ministerial Error Allegation
CSN alleges that the Department
committed a ministerial error by doublecounting its processing cost when the
Department revised CSN’s cost of
manufacturing. Specifically, CSN
contends that in recalculating CSN’s
cost of manufacturing, the Department
double counted its home market
resellers’ processing costs, which
significantly overstated the derived
costs for the foreign like product
produced by CSN and its home market
reseller. The Department reviewed
CSN’s reporting of processing costs and
we agree with CSN that this is a
ministerial error in accordance with 19
CFR 351.224(f).4 Moreover, pursuant to
19 CFR 351.224(g)(1), this error is
significant because the correction of the
error results in a change of at least 5
absolute percentage points, but not less
than 25 percent, of the weighted-average
dumping margin from the Preliminary
Determination. Therefore, we are
correcting the error alleged by CSN, and
we are amending our preliminary
determination accordingly.
Amended Preliminary Determination
We are amending the preliminary
determination of sales at less than fair
3 See
19 CFR 351.224(g)(1) and (2).
Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, from James
Maeder, Senior Director, Office I, Antidumping and
Countervailing Duty Operations, dated March 28,
2016.
4 See
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
value for cold-rolled flat steel produts
from Brazil to reflect the correction of a
ministerial error made in the margin
calculations of that determination. As a
result of the correction of the ministerial
error, we have also revised the dumping
margins applicable to Usiminas 5 and to
all other companies. The revised
dumping margins are as follows:
Exporter/Producer
Companhia Siderurgica Nacional
Usinas Siderurgicas de Minas
Gerais S.A. (Usiminas) ...........
All-Others ....................................
Weightedaverage
margin
(percent)
20.84
35.43
20.84
Suspension of Liquidation
The collection of cash deposits will be
revised in accordance with sections
733(d) and (f) of the Act and 19 CFR
351.224. Because the correction of the
error for CSN results in a reduced cash
deposit rate for all of the respondents,
the revised rates calculated for CSN,
Usiminas, and companies covered by
the ‘‘all others’’ rate will be effective
retroactively to March 7, 2016, the date
of publication of the Preliminary
Determination.
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 16.71 and 31.61 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 16.86 percent.6
These suspension of liquidation
instructions will remain in effect until
further notice.
5 See Memorandum titled ‘‘Certain Cold-Rolled
Steel Flat Products from Brazil: Corroboration of a
Rate Based on Adverse Facts Available,’’ dated
concurrently with this notice.
6 See Countervailing Duty Investigation of Certain
Cold-Rolled Steel Flat Products From Brazil:
Preliminary Affirmative Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 80 FR 79569
(Dec. 22, 2015) and the accompanying preliminary
decision memorandum, dated December 15, 2015;
see also the All-Others Rate Memorandum, dated
concurrently with this notice.
E:\FR\FM\07APN1.SGM
07APN1
Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Notices
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we are notifying the
International Tade Commission (ITC) of
our amended 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.
Notification to Interested Parties
The Department intends to disclose
calculations performed in connection
with this amended preliminary
determination within five days of the
date of publication of this notice in
accordance with 19 CFR 351.224(b).
This determination is issued and
published in accordance with sections
733(f) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: April 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–08010 Filed 4–6–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Open Meeting of the Commission on
Enhancing National Cybersecurity
National Institute of Standards
and Technology, Commerce.
ACTION: Notice.
AGENCY:
The Commission on
Enhancing National Cybersecurity will
meet Thursday, April 14, 2016, from 1
p.m. until 4 p.m. Eastern Time. The
primary purpose of the meeting is to
discuss the goals and outcomes of the
Commission’s work with an emphasis
on topics for the Commission to review
as it develops detailed
recommendations to strengthen
cybersecurity in both the public and
private sectors while protecting privacy,
ensuring public safety and economic
and national security, fostering
discovery and development of new
technical solutions, and bolstering
partnerships between Federal, State,
local, tribal and territorial governments
and the private sector in the
development, promotion, and use of
cybersecurity technologies, policies, and
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:35 Apr 06, 2016
Jkt 238001
best practices. All sessions will be open
to the public.
DATES: The meeting will be held on
Thursday, April 14, 2016, from 1 p.m.
until 4 p.m. Eastern Time.
ADDRESSES: The meeting will be held at
the U.S. Department of Commerce,
Herbert C. Hoover Building, U.S.
Commerce Research Library Reading
Room, Room 1894, located on the first
floor at 15th Street and Pennsylvania
Avenue NW., Washington, DC. The
meeting is open to the public and
interested parties are requested to
contact Kevin Stine in advance of the
meeting for building entrance
requirements.
FOR FURTHER INFORMATION CONTACT:
Kevin Stine, Information Technology
Laboratory, National Institute of
Standards and Technology, 100 Bureau
Drive, Stop 2000, Gaithersburg, MD
20899–8900, telephone: (301) 975–4483,
or by email at: kevin.stine@nist.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. App., notice is
hereby given that the Commission on
Enhancing National Cybersecurity (‘‘the
Commission’’) will meet Thursday,
April 14, 2016, from 1 p.m. until 4 p.m.
Eastern Time. All sessions will be open
to the public. The Commission is
authorized by Executive Order 13718,
Commission on Enhancing National
Cybersecurity.1 The Commission was
established by the President and will
make detailed recommendations to
strengthen cybersecurity in both the
public and private sectors while
protecting privacy, ensuring public
safety and economic and national
security, fostering discovery and
development of new technical solutions,
and bolstering partnerships between
Federal, state, local, tribal and territorial
governments and the private sector in
the development, promotion, and use of
cybersecurity technologies, policies, and
best practices.
The agenda is expected to include the
following items:
— Introductions
— Review Executive Order and
Commission Charter
— Discuss proposed scope of work
— Discuss work plan for addressing
scope of work
— Informational briefings
— Commission timeline
— Public comment
— Closure
Note that agenda items may change
without notice. The final agenda will be
1 https://www.federalregister.gov/articles/2016/
02/12/2016–03038/commission-on-enhancingnational-cybersecurity.
PO 00000
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Fmt 4703
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20367
posted on https://www.csrc.nist.gov.
Seating will be available for the public
and media. No registration is required to
attend this meeting.
Public Participation: The Commission
agenda will include a period of time,
not to exceed fifteen minutes, for oral
comments from the public on Thursday,
April 14, 2016 (between 3:45 p.m. and
4 p.m.). Speakers will be selected on a
first-come, first-served basis. Each
speaker will be limited to five minutes.
Questions from the public will not be
considered during this period. Members
of the public who are interested in
speaking are requested to contact Kevin
Stine at the contact information
indicated in the FOR FURTHER
INFORMATION CONTACT section of this
notice.
Speakers who wish to expand upon
their oral statements, those who had
wished to speak but could not be
accommodated on the agenda, and those
who were unable to attend in person are
invited to submit written statements. In
addition, written statements are invited
and may be submitted to the
Commission at any time. All written
statements should be directed to the
Commission Executive Director,
Information Technology Laboratory, 100
Bureau Drive, Stop 8900, National
Institute of Standards and Technology,
Gaithersburg, MD 20899–8900. Pursuant
to 41 CFR 102–3.150(b), this Federal
Register notice for this meeting is being
published fewer than 15 calendar days
prior to the meeting as exceptional
circumstances exist. It is imperative that
the meeting be held on April 14, 2016
to accommodate the scheduling
priorities of the key participants, who
must begin work as soon as possible in
order to complete the Commission’s
report by December 1, 2016, as required
by Executive Order 13718 section 3(e)
(February 9, 2016). Notice of the
meeting is also posted on the National
Institute of Standards and Technology’s
Web site at www.csrc.nist.gov.
Kevin Kimball,
Chief of Staff.
[FR Doc. 2016–07954 Filed 4–6–16; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE548
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
E:\FR\FM\07APN1.SGM
07APN1
Agencies
[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Notices]
[Pages 20366-20367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08010]
[[Page 20366]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-843]
Certain Cold-Rolled Steel Flat Products From Brazil: Amended
Preliminary Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 7, 2016, the Department of Commerce (the Department)
published the preliminary determination of sales at less than fair
value (LTFV) in the antidumping investigation of certain cold-rolled
steel flat products from Brazil.\1\ We are amending our Preliminary
Determination to correct for a ministerial error with respect to the
calculation of the dumping margin for mandatory respondent Companhia
Siderurgica National (CSN). The correction to CSN's margin affects the
dumping margin applicable, as adverse facts available, to Usinas
Siderurgicas de Minas Gerais (Usiminas), as well as the dumping margin
applicable to all other companies.
---------------------------------------------------------------------------
\1\ See Certain Cold-Rolled Steel Flat Products from Brazil:
Affirmative Preliminary Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 81 FR 11754 (March 7, 2016) (Preliminary
Determination).
---------------------------------------------------------------------------
DATES: Effective Date: March 7, 2016.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Joseph Shuler, AD/
CVD Operations, Office I, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-3477 or (202)
482-1293, respectively.
SUPPLEMENTARY INFORMATION: On March 7, 2016, CSN timely filed an
allegation that the Department made a significant ministerial error.\2\
After reviewing the allegation, we have determined that the Preliminary
Determination included a significant ministerial error. Therefore, we
have made changes, as described below, to the Preliminary
Determination.
---------------------------------------------------------------------------
\2\ See CSN's March 7, 2016, submission.
---------------------------------------------------------------------------
Scope of Investigation
The product covered by this investigation is cold-rolled steel from
Brazil. For a full description of the scope of this investigation, see
Preliminary Determination, at Appendix I.
Significant Ministerial Error
A ministerial error is defined in 19 CFR 351.224(f) as ``an error
in addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' Further, 19 CFR 351.224(e) provides that the Department
``will analyze any comments received and, if appropriate, correct any
significant ministerial error by amending the preliminary
determination.'' A significant ministerial error is defined as a
ministerial error, the correction of which, singly or in combination
with other errors, would result in: (1) A change of at least five
absolute percentage points in, but not less than 25 percent of, the
weighted-average dumping margin calculated in the original (erroneous)
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a weighted-average
dumping margin of greater than de minimis or vice versa.\3\
---------------------------------------------------------------------------
\3\ See 19 CFR 351.224(g)(1) and (2).
---------------------------------------------------------------------------
Ministerial Error Allegation
CSN alleges that the Department committed a ministerial error by
double-counting its processing cost when the Department revised CSN's
cost of manufacturing. Specifically, CSN contends that in recalculating
CSN's cost of manufacturing, the Department double counted its home
market resellers' processing costs, which significantly overstated the
derived costs for the foreign like product produced by CSN and its home
market reseller. The Department reviewed CSN's reporting of processing
costs and we agree with CSN that this is a ministerial error in
accordance with 19 CFR 351.224(f).\4\ Moreover, pursuant to 19 CFR
351.224(g)(1), this error is significant because the correction of the
error results in a change of at least 5 absolute percentage points, but
not less than 25 percent, of the weighted-average dumping margin from
the Preliminary Determination. Therefore, we are correcting the error
alleged by CSN, and we are amending our preliminary determination
accordingly.
---------------------------------------------------------------------------
\4\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, from
James Maeder, Senior Director, Office I, Antidumping and
Countervailing Duty Operations, dated March 28, 2016.
---------------------------------------------------------------------------
Amended Preliminary Determination
We are amending the preliminary determination of sales at less than
fair value for cold-rolled flat steel produts from Brazil to reflect
the correction of a ministerial error made in the margin calculations
of that determination. As a result of the correction of the ministerial
error, we have also revised the dumping margins applicable to Usiminas
\5\ and to all other companies. The revised dumping margins are as
follows:
---------------------------------------------------------------------------
\5\ See Memorandum titled ``Certain Cold-Rolled Steel Flat
Products from Brazil: Corroboration of a Rate Based on Adverse Facts
Available,'' dated concurrently with this notice.
------------------------------------------------------------------------
Weighted-
average
Exporter/Producer margin
(percent)
------------------------------------------------------------------------
Companhia Siderurgica Nacional.............................. 20.84
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas)......... 35.43
All-Others.................................................. 20.84
------------------------------------------------------------------------
Suspension of Liquidation
The collection of cash deposits will be revised in accordance with
sections 733(d) and (f) of the Act and 19 CFR 351.224. Because the
correction of the error for CSN results in a reduced cash deposit rate
for all of the respondents, the revised rates calculated for CSN,
Usiminas, and companies covered by the ``all others'' rate will be
effective retroactively to March 7, 2016, the date of publication of
the Preliminary Determination.
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 16.71 and
31.61 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 16.86 percent.\6\ These
suspension of liquidation instructions will remain in effect until
further notice.
---------------------------------------------------------------------------
\6\ See Countervailing Duty Investigation of Certain Cold-Rolled
Steel Flat Products From Brazil: Preliminary Affirmative
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 80 FR 79569 (Dec. 22, 2015) and the
accompanying preliminary decision memorandum, dated December 15,
2015; see also the All-Others Rate Memorandum, dated concurrently
with this notice.
---------------------------------------------------------------------------
[[Page 20367]]
International Trade Commission Notification
In accordance with section 733(f) of the Act, we are notifying the
International Tade Commission (ITC) of our amended 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.
Notification to Interested Parties
The Department intends to disclose calculations performed in
connection with this amended preliminary determination within five days
of the date of publication of this notice in accordance with 19 CFR
351.224(b).
This determination is issued and published in accordance with
sections 733(f) and 777(i) of the Act and 19 CFR 351.224(e).
Dated: April 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-08010 Filed 4-6-16; 8:45 am]
BILLING CODE 3510-DS-P