Certain Cold-Rolled Steel Flat Products From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Partial Affirmative Critical Circumstances Determination, 32729-32733 [2016-12183]
Download as PDF
<![CDATA[
sradovich on DSK3TPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices
nuclear goods and services in
accordance with applicable U.S. laws
and regulations, for use by the
Department of Commerce in its role as
a member of the Civil Nuclear Trade
Working Group of the Trade Promotion
Coordinating Committee and the
Department’s active participation in the
Atoms for Prosperity interagency group
to promote U.S. civil nuclear trade.
In connection with that function, the
committee provides advice on: (1)
Matters concerning trade policy
development and negotiations relating
to U.S. civil nuclear exports; (2) the
effect of U.S. Government policies,
regulations, and programs, and the
policies and practices of foreign
governments on the export of U.S. civil
nuclear goods and services; (3) the
competitiveness of U.S. industry and its
ability to compete for civil nuclear
products and services opportunities in
international markets, including specific
problems in exporting, and U.S.
Government and public/private actions
to assist civil nuclear companies in
expanding their exports; (4) the
identification of priority civil nuclear
markets with the potential for high
immediate returns for U.S. exports, as
well as emerging markets with a longerterm potential for U.S. exports; (5)
strategies to increase private sector
awareness and effective use of U.S.
Government export promotion
programs, and how U.S. Government
programs may be more efficiently
designed and coordinated; (6) the
development of complementary
industry and trade association export
promotion programs, including ways for
greater and more effective coordination
of U.S. Government efforts with private
sector organizations’ civil nuclear
export promotion efforts; and (7) the
development of U.S. Government
programs to encourage producers of
civil nuclear products and services to
enter new foreign markets, in
connection with which the committee
may advise on how to gather,
disseminate, and promote awareness of
information on civil nuclear exports and
related trade issues.
Committee members represent U.S.
industry and related U.S. civil nuclear
trade organizations.
Committee activities are conducted
consistent with the provisions of the
FACA and its implementing regulations,
41 CFR subpart 102–3. FACA section
10(d) provides that an advisory
committee meeting, or portions thereof,
may be closed if the head of the agency
to which the advisory committee reports
determines such meeting may be closed
to the public in accordance with
VerDate Sep<11>2014
17:24 May 23, 2016
Jkt 238001
subsection (c) of the Government in the
Sunshine Act (5 U.S.C. 552b(c)).
The closed portions of the meetings
will involve committee discussions of
proposed U.S. Government strategies
and policies regarding: (1) Nuclear
cooperation agreements; (2)
implementation of the Convention on
Supplementary Compensation for
Nuclear Damage; (3) proposed bilateral
commercial nuclear working groups;
and (4) identification of specific trade
barriers impacting the U.S. civil nuclear
industry.
Subsection (c)(9)(B) of the
Government in the Sunshine Act
permits closure of a meeting or portion
of a meeting if the meeting is likely to
disclose information the premature
disclosure of which would be likely to
significantly frustrate implementation of
a proposed agency action. 5 U.S.C.
552b(c)(9)(B). Premature disclosure of
matters one through three listed in the
preceding paragraph would be likely to
significantly impair the implementation
of proposed agency policies and actions.
Subsection (c)(4) of the Government
in the Sunshine Act permits closure of
a meeting or portion of a meeting if
trade secrets and commercial or
financial information obtained from a
person and privileged or confidential
will be disclosed at the meeting. 5
U.S.C. 552b(c)(4). As noted above in
matter four, the committee will discuss
foreign trade barriers facing the U.S.
civil nuclear industry, with the aim of
developing proposals for how the U.S.
Government can develop strategies to
strengthen the industry’s
competitiveness as it competes abroad.
This portion of the meeting will include
the disclosure of committee members’
trade secrets and privileged or
confidential commercial or financial
information as the members discuss the
specific trade barriers their companies
and subsectors have encountered.
Accordingly, the Chief Financial
Officer and Assistant Secretary for
Administration at the U.S. Department
of Commerce has determined, pursuant
to Section 10(d) of the FACA (5 U.S.C.
App. 2 section 10(d)), that the portions
of the June 9 and August 4, 2016
meetings described above shall be
exempt from the provisions relating to
public meetings found in 5 U.S.C. App.
2 sections 10(a)(1) and 10(a)(3). This
determination shall be effective from the
date of its signing on May 13, 2016.
Man Cho,
Director, Acting, Office of Energy and
Environmental Industries.
[FR Doc. 2016–12268 Filed 5–23–16; 8:45 am]
BILLING CODE 3510–DR–P
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
32729
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–030]
Certain Cold-Rolled Steel Flat Products
From the People’s Republic of China:
Final Affirmative Countervailing Duty
Determination and Final Partial
Affirmative Critical Circumstances
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
countervailable subsidies are being
provided to producers/exporters of
certain cold-rolled steel flat products
(cold-rolled steel) from the People’s
Republic of China (the PRC). The
Department also determines critical
circumstances exist for certain imports
of the subject merchandise from the
PRC. The mandatory respondents in this
investigation are the Government of the
PRC (the GOC), Angang Group Hong
Kong Co., Ltd. (Angang Hong Kong), and
Benxi Iron and Steel (Group) Special
Steel Co., Ltd. (Benxi Iron and Steel).
The period of investigation is January 1,
2014, through December 31, 2014.
DATES: Effective Date: May 24, 2016.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas or John Corrigan, 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) 482–3813 or (202) 482–
7438, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 22, 2015, the
Department published its preliminary
affirmative determination that
countervailable subsidies are being
provided to producers/exporters of
certain cold-rolled steel from the PRC in
the Federal Register.1 We invited
interested parties to comment on our
preliminary determination.2 We only
received comments regarding the scope
of this investigation. No interested party
requested a hearing.
1 See Countervailing Duty Investigation of Certain
Cold-Rolled Steel Flat Products From the People’s
Republic of China: Preliminary Affirmative
Determination, Preliminary Partial Affirmative
Critical Circumstances Determination, and
Alignment of Final Determination With Final
Antidumping Duty Determination, 80 FR 79558
(December 22, 2015) (Preliminary Determination).
2 Id., at 79560.
E:\FR\FM\24MYN1.SGM
24MYN1
32730
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices
Scope of the Investigation
The products covered by this
investigation are certain cold-rolled
(cold-reduced), flat-rolled steel
products, whether or not annealed,
painted, varnished, or coated with
plastics or other non-metallic
substances. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix II.
Since the Preliminary Determination,
eight interested parties (i.e., JFE Steel
Corporation, Electrolux Home Products,
Inc., Electrolux Home Care Products,
Inc., ArcelorMittal USA LLC, AK Steel
Corporation, Nucor Corporation, Steel
Dynamics Inc., and United States Steel
Corporation) commented on the scope
of the investigation. The Department
reviewed these comments and made no
changes. For further discussion, see the
Final Scope Comments Memorandum.3
The scope in Appendix II reflects the
final scope language, which is
unmodified from the scope as it
appeared in the Preliminary
Determination.
Verification
None of the mandatory respondents in
the investigation provided information
requested by the Department. Hence, no
verification was conducted.
sradovich on DSK3TPTVN1PROD with NOTICES
Analysis of Comments Received and
Changes Since the Preliminary
Determination
As discussed above, we received no
comments from interested parties
pertaining to the Preliminary
Determination. Therefore, for this final
determination, and pursuant to sections
776(a)–(d) of the Tariff Act of 1930, as
amended (‘‘the Act’’), we continue to
rely on facts available for Angang Hong
Kong and Benxi Iron and Steel, the two
mandatory company respondents, and
the GOC, which did not respond to
either our primary questionnaires or
new subsidy allegation questionnaires.4
3 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain ColdRolled Steel Flat Products From Brazil, the People’s
Republic of China, India, Japan, the Republic of
Korea, the Russian Federation, and the United
Kingdom: Final Scope Comments Decision
Memorandum,’’ dated concurrently with this final
determination (Final Scope Comments
Memorandum).
4 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
Preliminary Affirmative Determination in the
Countervailing Duty Investigation of Certain ColdRolled Steel Flat Products from the People’s
Republic of China,’’ dated December 15, 2015
(Preliminary Decision Memorandum) at 9–10; see
VerDate Sep<11>2014
17:24 May 23, 2016
Jkt 238001
We also continue to rely on facts
available for Qian’an Golden Point
Trading Co., Ltd. (Qian’an Golden
Point), a non-selected exporter that did
not respond to the Department’s request
for clarification with respect to its
shipments of subject merchandise to the
United States during the POI.5 Further,
we continue to find that Angang Hong
Kong, Benxi Iron and Steel, the GOC
and Qian’an Golden Point failed to act
to the best of their ability and, therefore,
are drawing an adverse inference in
selecting from among the facts
otherwise available to determine
whether the benefits provided by
programs subject to this investigation
constitute countervailable subsidies and
calculate the ad valorem rates for
Angang Hong Kong, Benxi Iron and
Steel and Qian’an Golden Point.6
For this final determination, we
continue to find all programs in this
proceeding countervailable—that is,
they provide a financial contribution
within the meaning of sections
771(5)(B)(i) and (D) of the Act, confer a
benefit within the meaning of section
771(5)(B) of the Act, and are specific
within the meaning of section 771(5A)
of the Act. We are therefore continuing
to include these programs in the
determination of the AFA rates for
Angang Hong Kong, Benxi Iron and
Steel, and Qian’an Golden Point.7
However, in a change from the
Preliminary Determination, we are
updating the AFA rates for two
programs. The first of those programs is
the Provision of Electricity for Less than
Adequate Remuneration, and the second
is Import Tariff and Value-Added Tax
Exemptions for Foreign Invested
Enterprises and Certain Domestic
Enterprises Using Imported Equipment
in Encouraged Industries. These
changes are discussed in the Issues and
Decision Memorandum which is
incorporated by reference and hereby
adopted in this final determination.8
The Issues and Decision Memorandum
is a public document and is on file
also Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ’’Issues and Decision Memorandum for
the Final Affirmative Determination in the
Countervailing Duty Investigation of Certain ColdRolled Steel Flat Products from the People’s
Republic of China,’’ dated concurrently with this
notice (Issues and Decision Memorandum) at 6–7.
5 Id.
6 See sections 776(a) and (b) of the Tariff Act of
1930, as amended (the Act).
7 See Preliminary Decision Memorandum at 10–
15.
8 See Issues and Decision Memorandum at
‘‘Application of AFA: Angang Hong Kong, Benxi
Iron and Steel, Qian’an Golden Point, and the
GOC.’’
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
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 is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic versions of the Issues and
Decision Memorandum are identical in
content.
Final Partial Affirmative Determination
of Critical Circumstances, in Part
On October 30, 2015, Petitioners
timely filed a critical circumstances
allegation, pursuant to section 703(e)(1)
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of cold-rolled
steel from the PRC.9 In accordance with
19 CFR 351.206(c)(2)(i), we issued an
affirmative preliminary critical
circumstances determination. A
discussion of that determination can be
found in the Preliminary Decision
Memorandum at the section,
‘‘Preliminary Determination of Critical
Circumstances.’’ 10
As stated above, the Department did
not receive any comments concerning
the preliminary determination. Thus, in
accordance with section 705(a)(2) of the
Act, we continue to find, on the basis of
adverse facts available, that critical
circumstances exist with respect to
Angang Hong Kong, Benxi Iron and
Steel and Qian’an Golden Point. We
continue to determine that critical
circumstances do not exist for all other
producers/exporters of cold-rolled steel
from the PRC because we do not find
massive imports pursuant to 19 CFR
351.206(h)–(i).11
Final Determination
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
a countervailing duty rate for the
individually investigated producers/
exporters of the subject merchandise,
Angang Hong Kong, Benxi Iron and
Steel, and for non-cooperative exporter
Qian’an Golden Point. With respect to
9 See Letter from Petitioners, ‘‘Certain ColdRolled Steel Flat Products from the People’s
Republic of China, Japan, and the Russian
Federation—Petitioners’ Critical Circumstances
Allegation,’’ dated October 30, 2015 (Critical
Circumstances Allegation).
10 See Preliminary Decision Memorandum at 17.
11 Id. and Issues and Decision Memorandum at
the section ‘‘Final Determination of Critical
Circumstances, In Part.’’
E:\FR\FM\24MYN1.SGM
24MYN1
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices
the all-others rate, section
705(c)(5)(A)(ii) of the Act provides that
if the countervailable subsidy rates
established for all exporters and
producers individually investigated are
determined entirely in accordance with
section 776 of the Act, the Department
may use any reasonable method to
establish an all-others rate for exporters
and producers not individually
investigated. In this case, the rates
assigned to Angang Hong Kong and
Benxi Iron and Steel, are based entirely
on facts otherwise available, with
adverse inferences, under section 776 of
the Act.
All-Others Rate
There is no other information on the
record with which to determine an allothers rate. As a result, in accordance
with section 705(c)(5)(A)(ii) of the Act,
we have established the all-others rate
by applying the countervailable subsidy
rates for mandatory respondents Angang
Hong Kong and Benxi Iron and Steel,
which are the same as the rate applied
to non-selected exporter Qian’an Golden
Point. The final countervailable subsidy
rates are summarized in the table below.
Company
sradovich on DSK3TPTVN1PROD with NOTICES
Angang Group Hong Kong
Co., Ltd .............................
Benxi Iron and Steel (Group)
Special Steel Co., Ltd .......
Qian’an Golden Point Trading Co., Ltd .......................
All-Others ..............................
Subsidy rate
(percent)
256.44
256.44
256.44
256.44
Suspension of Liquidation
As a result of our Preliminary
Determination, and pursuant to section
703(d)(1)(B) and (d)(2) of the Act, we
instructed U.S. Customs and Border
Protection (CBP) to suspend all entries
of cold-rolled steel from the PRC, as
described in the ‘‘Scope of the
Investigation’’ that were entered, or
withdrawn from warehouse, for
consumption on or after the date of the
publication of the Preliminary
Determination in the Federal Register,
and to require a cash deposit for such
entries of merchandise.12 In accordance
with section 703(d) of the Act, we
issued instructions to CBP to
discontinue the suspension of
liquidation for CVD purposes for subject
merchandise entered, or withdrawn
from warehouse, on or after April 20,
2016, but to continue the suspension of
liquidation of all entries from December
22, 2015 through April 19, 2016.
Moreover, as a result of our
preliminary critical circumstances
12 See
Preliminary Determination, 80 FR 79559.
VerDate Sep<11>2014
17:24 May 23, 2016
Jkt 238001
determination for Angang Hong Kong,
Benxi Iron and Steel, and Qian’an
Golden Point, pursuant to section
703(e)(2) of the Act, we instructed CBP
to suspend liquidation of all entries of
subject merchandise from the PRC
which were entered or withdrawn from
warehouse, for consumption by these
companies on or after September 23,
2015, the date 90 days prior to the date
of the publication of the Preliminary
Determination in the Federal Register.13
In accordance with section 703(d) of the
Act, we later issued instructions to CBP
to discontinue the suspension of
liquidation for CVD purposes for subject
merchandise entered, or withdrawn
from warehouse by Angang Hong Kong,
Benxi Iron and Steel, or Qian’an Golden
Point, on or after April 20, 2016, but to
continue the suspension of liquidation
of all entries from September 23, 2015
through April 29, 2016.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a CVD order and reinstate the
suspension of liquidation under section
706(a) of the Act and will require a cash
deposit of estimated CVDs for such
entries of merchandise in the amounts
indicated above. If the ITC determines
that material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
Disclosure
We described the calculations used to
determine countervailing duty rates
based on adverse facts available in the
Issues and Decision Memorandum.14
Thus, no additional disclosure of
calculations is necessary for this final
determination.
International Trade Commission
Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
final affirmative determination of the
provision of countervailable subsidies
and final affirmative determination of
critical circumstances, in part. Because
the final determination in this
proceeding is affirmative, in accordance
with section 705(b)(2) of the Act, the
ITC will determine, within 45 days,
whether the domestic industry in the
United States is materially injured, or
threatened with material injury, by
reason of imports of cold-rolled steel
13 Id.
14 See Issues and Decision Memorandum at
‘‘Application of AFA: Angang Hong Kong, Benxi
Iron and Steel, Qian’an Golden Point, and the
GOC.’’
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
32731
from the PRC, or sales (or the likelihood
of sales) for importation, of cold-rolled
steel from the PRC. If the ITC
determines that such injury does not
exist, this proceeding will be terminated
and all securities posted will be
refunded or canceled. If the ITC
determines that such injury does exist,
the Department will issue a
countervailing duty order directing CBP
to assess, upon further instruction by
the Department, countervailing duties
on appropriate imports of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the effective date of the suspension
of liquidation.
In addition, we are making available
to the ITC all non-privileged and nonproprietary information related to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms it will not
disclose such information, either
publicly or under an administrative
protective order (APO), without the
written consent of the Assistant
Secretary for Enforcement and
Compliance.
Notification Regarding Administrative
Protective Orders
This notice will serve as a reminder
to the parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APOs in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: May 16, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and
Adverse Inferences
V. Calculation of the All-Others Rate
VI. Final Determination of Critical
Circumstances, In Part
VII. Recommendation
E:\FR\FM\24MYN1.SGM
24MYN1
32732
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices
sradovich on DSK3TPTVN1PROD with NOTICES
Appendix II
Scope of the Investigation
The products covered by this
investigation are certain cold-rolled
(cold-reduced), flat-rolled steel
products, whether or not annealed,
painted, varnished, or coated with
plastics or other non-metallic
substances. The products covered do
not include those that are clad, plated,
or coated with metal. The products
covered include coils that have a width
or other lateral measurement (‘‘width’’)
of 12.7 mm or greater, regardless of form
of coil (e.g., in successively
superimposed layers, spirally
oscillating, etc.). The products covered
also include products not in coils (e.g.,
in straight lengths) of a thickness less
than 4.75 mm and a width that is 12.7
mm or greater and that measures at least
10 times the thickness. The products
covered also include products not in
coils (e.g., in straight lengths) of a
thickness of 4.75 mm or more and a
width exceeding 150 mm and measuring
at least twice the thickness. The
products described above may be
rectangular, square, circular, or other
shape and include products of either
rectangular or non-rectangular crosssection where such cross-section is
achieved subsequent to the rolling
process, i.e., products which have been
‘‘worked after rolling’’ (e.g., products
which have been beveled or rounded at
the edges). For purposes of the width
and thickness requirements referenced
above:
(1) Where the nominal and actual
measurements vary, a product is within
the scope if application of either the
nominal or actual measurement would
place it within the scope based on the
definitions set forth above, and
(2) Where the width and thickness
vary for a specific product (e.g., the
thickness of certain products with nonrectangular 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
VerDate Sep<11>2014
17:24 May 23, 2016
Jkt 238001
• 2.00 percent of nickel, or
• 0.30 percent of tungsten (also called
wolfram), or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium
Unless specifically excluded,
products are included in this scope
regardless of levels of boron and
titanium.
For example, specifically included in
this scope are vacuum degassed, fully
stabilized (commonly referred to as
interstitial-free (IF)) steels, high strength
low alloy (HSLA) steels, motor
lamination steels, Advanced High
Strength Steels (AHSS), and Ultra High
Strength Steels (UHSS). IF steels are
recognized as low carbon steels with
micro-alloying levels of elements such
as titanium and/or niobium added to
stabilize carbon and nitrogen elements.
HSLA steels are recognized as steels
with micro-alloying levels of elements
such as chromium, copper, niobium,
titanium, vanadium, and molybdenum.
Motor lamination steels contain microalloying 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 coldrolled steel that has been further
processed in a third country, including
but not limited to annealing, tempering,
painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other
processing that would not otherwise
remove the merchandise from the scope
of the investigation if performed in the
country of manufacture of the coldrolled steel.
All products that meet the written
physical description, and in which the
chemistry quantities do not exceed any
one of the noted element levels listed
above, are within the scope of this
investigation unless specifically
excluded. The following products are
outside of and/or specifically excluded
from the scope of this investigation:
• Ball bearing steels; 15
15 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.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
• Tool steels; 16
• Silico-manganese steel;17
• Grain-oriented electrical steels
(GOES) as defined in the final
determination of the U.S. Department of
Commerce in Grain-Oriented Electrical
Steel From Germany, Japan, and
Poland.18
• Non-Oriented Electrical Steels
(NOES), as defined in the antidumping
orders issued by the U.S. Department of
Commerce in Non-Oriented Electrical
Steel From the People’s Republic of
China, Germany, Japan, the Republic of
Korea, Sweden, and Taiwan.19
The products subject to this
investigation are currently classified in
the Harmonized Tariff Schedule of the
United States (HTSUS) under item
numbers: 7209.15.0000, 7209.16.0030,
7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030,
7209.17.0060, 7209.17.0070,
16 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.
17 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.
18 Grain-Oriented Electrical Steel From Germany,
Japan, and Poland: Final Determinations of Sales at
Less Than Fair Value and Certain Final Affirmative
Determination of Critical Circumstances, 79 FR
42,501, 42,503 (Dep’t of Commerce, July 22, 2014).
This determination defines grain-oriented electrical
steel as ‘‘a flat-rolled alloy steel product containing
by weight at least 0.6 percent but not more than 6
percent of silicon, not more than 0.08 percent of
carbon, not more than 1.0 percent of aluminum, and
no other element in an amount that would give the
steel the characteristics of another alloy steel, in
coils or in straight lengths.’’
19 Non-Oriented Electrical Steel From the People’s
Republic of China, Germany, Japan, the Republic of
Korea, Sweden, and Taiwan: Antidumping Duty
Orders, 79 FR 71,741, 71,741–42 (Dep’t of
Commerce, Dec. 3, 2014). The orders define NOES
as ‘‘cold-rolled, flat-rolled, alloy steel products,
whether or not in coils, regardless of width, having
an actual thickness of 0.20 mm or more, in which
the core loss is substantially equal in any direction
of magnetization in the plane of the material. The
term ‘substantially equal’ means that the cross grain
direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of
core loss. NOES has a magnetic permeability that
does not exceed 1.65 Tesla when tested at a field
of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the sheet (i.e.,
B800 value). NOES contains by weight more than
1.00 percent of silicon but less than 3.5 percent of
silicon, not more than 0.08 percent of carbon, and
not more than 1.5 percent of aluminum. NOES has
a surface oxide coating, to which an insulation
coating may be applied.’’
E:\FR\FM\24MYN1.SGM
24MYN1
Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices
7209.17.0091, 7209.18.1530,
7209.18.1560, 7209.18.2510,
7209.18.2520, 7209.18.2580,
7209.18.6020, 7209.18.6090,
7209.25.0000, 7209.26.0000,
7209.27.0000, 7209.28.0000,
7209.90.0000, 7210.70.3000,
7211.23.1500, 7211.23.2000,
7211.23.3000, 7211.23.4500,
7211.23.6030, 7211.23.6060,
7211.23.6090, 7211.29.2030,
7211.29.2090, 7211.29.4500,
7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000,
7212.40.5000, 7225.50.6000,
7225.50.8080, 7225.99.0090,
7226.92.5000, 7226.92.7050, and
7226.92.8050. The products subject to
the investigation may also enter under
the following HTSUS numbers:
7210.90.9000, 7212.50.0000,
7215.10.0010, 7215.10.0080,
7215.50.0016, 7215.50.0018,
7215.50.0020, 7215.50.0061,
7215.50.0063, 7215.50.0065,
7215.50.0090, 7215.90.5000,
7217.10.1000, 7217.10.2000,
7217.10.3000, 7217.10.7000,
7217.90.1000, 7217.90.5030,
7217.90.5060, 7217.90.5090,
7225.19.0000, 7226.19.1000,
7226.19.9000, 7226.99.0180,
7228.50.5015, 7228.50.5040,
7228.50.5070, 7228.60.8000, and
7229.90.1000.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description
of the scope of the investigation is
dispositive.
[FR Doc. 2016–12183 Filed 5–23–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Visiting Committee on Advanced
Technology
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The Visiting Committee on
Advanced Technology (VCAT or
Committee), National Institute of
Standards and Technology (NIST), will
meet in an open session on Tuesday,
June 7, 2016 from 8:30 a.m. to 5:30 p.m.
Eastern Time and Wednesday, June 8,
2016 from 10:30 a.m. to 12:30 p.m.
Eastern Time. The VCAT is composed of
fifteen members appointed by the NIST
Director who are eminent in such fields
as business, research, new product
sradovich on DSK3TPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:24 May 23, 2016
Jkt 238001
development, engineering, labor,
education, management consulting,
environment, and international
relations.
DATES: The VCAT will meet on
Tuesday, June 7, 2016 from 8:30 a.m. to
5:30 p.m. Eastern Time and Wednesday,
June 8, 2016 from 10:30 a.m. to 12:30
p.m.
ADDRESSES: The meeting will be held in
the Portrait Room, Administration
Building, at NIST, 100 Bureau Drive,
Gaithersburg, Maryland 20899. Please
note admittance instructions under the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT:
Stephanie Shaw, VCAT, NIST, 100
Bureau Drive, Mail Stop 1060,
Gaithersburg, Maryland 20899–1060,
telephone number 301–975–2667. Ms.
Shaw’s email address is
stephanie.shaw@nist.gov.
SUPPLEMENTARY INFORMATION:
Authority: 15 U.S.C. 278 and the Federal
Advisory Committee Act, as amended, 5
U.S.C. App.
The purpose of this meeting is for the
VCAT to review and make
recommendations regarding general
policy for NIST, its organization, its
budget, and its programs within the
framework of applicable national
policies as set forth by the President and
the Congress. The agenda will include
an update on major programs at NIST
and presentations and discussions on
safety at NIST. There will be
presentations and discussion about how
NIST achieves balance between core
intramural research and extramural and
convening activities in its Laboratory
Programs. NIST’s role in the
Administration’s National Strategic
Computing Initiative will also be
discussed. The agenda may change to
accommodate Committee business. The
final agenda will be posted on the NIST
Web site at https://www.nist.gov/
director/vcat/agenda.cfm.
Individuals and representatives of
organizations who would like to offer
comments and suggestions related to the
Committee’s affairs are invited to
request a place on the agenda.
On Wednesday, June 8, approximately
one-half hour in the morning will be
reserved for public comments and
speaking times will be assigned on a
first-come, first-serve basis. The amount
of time per speaker will be determined
by the number of requests received, but
is likely to be about 3 minutes each. The
exact time for public comments will be
included in the final agenda that will be
posted on the NIST Web site at https://
www.nist.gov/director/vcat/agenda.cfm.
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
32733
Questions from the public will not be
considered during this period. 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 to VCAT,
NIST, 100 Bureau Drive, MS 1060,
Gaithersburg, Maryland 20899, via fax at
301–216–0529 or electronically by email
to stephanie.shaw@nist.gov .
All visitors to the NIST site are
required to pre-register to be admitted.
Please submit your name, time of
arrival, email address and phone
number to Stephanie Shaw by 5:00 p.m.
Eastern Time, Tuesday, May 31, 2016.
Non-U.S. citizens must submit
additional information; please contact
Ms. Shaw. Ms. Shaw’s email address is
stephanie.shaw@nist.gov and her phone
number is 301–975–2667. For
participants attending in person, please
note that federal agencies, including
NIST, can only accept a state-issued
driver’s license or identification card for
access to federal facilities if such license
or identification card is issued by a state
that is compliant with the REAL ID Act
of 2005 (Pub. L. 109–13), or by a state
that has an extension for REAL ID
compliance. NIST currently accepts
other forms of federal-issued
identification in lieu of a state-issued
driver’s license. For detailed
information please contact Ms. Shaw at
301–975–2667 or visit: https://nist.gov/
public_affairs/visitor/ .
Kevin Kimball,
NIST Chief of Staff.
[FR Doc. 2016–12293 Filed 5–20–16; 11:15 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE642
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s (Council’s)
Summer Flounder, Scup, and Black Sea
Bass Advisory Panel will hold a public
meeting.
DATES: The meeting will be held on
Wednesday, June 22, 2016, from 10 a.m.
until 4:30 p.m.
SUMMARY:
E:\FR\FM\24MYN1.SGM
24MYN1
]]>Agencies
[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Notices]
[Pages 32729-32733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12183]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-030]
Certain Cold-Rolled Steel Flat Products From the People's
Republic of China: Final Affirmative Countervailing Duty Determination
and Final Partial Affirmative Critical Circumstances Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
countervailable subsidies are being provided to producers/exporters of
certain cold-rolled steel flat products (cold-rolled steel) from the
People's Republic of China (the PRC). The Department also determines
critical circumstances exist for certain imports of the subject
merchandise from the PRC. The mandatory respondents in this
investigation are the Government of the PRC (the GOC), Angang Group
Hong Kong Co., Ltd. (Angang Hong Kong), and Benxi Iron and Steel
(Group) Special Steel Co., Ltd. (Benxi Iron and Steel). The period of
investigation is January 1, 2014, through December 31, 2014.
DATES: Effective Date: May 24, 2016.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or John Corrigan, 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) 482-3813
or (202) 482-7438, respectively.
SUPPLEMENTARY INFORMATION:
Background
On December 22, 2015, the Department published its preliminary
affirmative determination that countervailable subsidies are being
provided to producers/exporters of certain cold-rolled steel from the
PRC in the Federal Register.\1\ We invited interested parties to
comment on our preliminary determination.\2\ We only received comments
regarding the scope of this investigation. No interested party
requested a hearing.
---------------------------------------------------------------------------
\1\ See Countervailing Duty Investigation of Certain Cold-Rolled
Steel Flat Products From the People's Republic of China: Preliminary
Affirmative Determination, Preliminary Partial Affirmative Critical
Circumstances Determination, and Alignment of Final Determination
With Final Antidumping Duty Determination, 80 FR 79558 (December 22,
2015) (Preliminary Determination).
\2\ Id., at 79560.
---------------------------------------------------------------------------
[[Page 32730]]
Scope of the Investigation
The products covered by this investigation are certain cold-rolled
(cold-reduced), flat-rolled steel products, whether or not annealed,
painted, varnished, or coated with plastics or other non-metallic
substances. For a full description of the scope of this investigation,
see the ``Scope of the Investigation,'' in Appendix II.
Since the Preliminary Determination, eight interested parties
(i.e., JFE Steel Corporation, Electrolux Home Products, Inc.,
Electrolux Home Care Products, Inc., ArcelorMittal USA LLC, AK Steel
Corporation, Nucor Corporation, Steel Dynamics Inc., and United States
Steel Corporation) commented on the scope of the investigation. The
Department reviewed these comments and made no changes. For further
discussion, see the Final Scope Comments Memorandum.\3\ The scope in
Appendix II reflects the final scope language, which is unmodified from
the scope as it appeared in the Preliminary Determination.
---------------------------------------------------------------------------
\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Certain Cold-Rolled Steel Flat Products From Brazil, the People's
Republic of China, India, Japan, the Republic of Korea, the Russian
Federation, and the United Kingdom: Final Scope Comments Decision
Memorandum,'' dated concurrently with this final determination
(Final Scope Comments Memorandum).
---------------------------------------------------------------------------
Verification
None of the mandatory respondents in the investigation provided
information requested by the Department. Hence, no verification was
conducted.
Analysis of Comments Received and Changes Since the Preliminary
Determination
As discussed above, we received no comments from interested parties
pertaining to the Preliminary Determination. Therefore, for this final
determination, and pursuant to sections 776(a)-(d) of the Tariff Act of
1930, as amended (``the Act''), we continue to rely on facts available
for Angang Hong Kong and Benxi Iron and Steel, the two mandatory
company respondents, and the GOC, which did not respond to either our
primary questionnaires or new subsidy allegation questionnaires.\4\ We
also continue to rely on facts available for Qian'an Golden Point
Trading Co., Ltd. (Qian'an Golden Point), a non-selected exporter that
did not respond to the Department's request for clarification with
respect to its shipments of subject merchandise to the United States
during the POI.\5\ Further, we continue to find that Angang Hong Kong,
Benxi Iron and Steel, the GOC and Qian'an Golden Point failed to act to
the best of their ability and, therefore, are drawing an adverse
inference in selecting from among the facts otherwise available to
determine whether the benefits provided by programs subject to this
investigation constitute countervailable subsidies and calculate the ad
valorem rates for Angang Hong Kong, Benxi Iron and Steel and Qian'an
Golden Point.\6\
---------------------------------------------------------------------------
\4\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
``Decision Memorandum for the Preliminary Affirmative Determination
in the Countervailing Duty Investigation of Certain Cold-Rolled
Steel Flat Products from the People's Republic of China,'' dated
December 15, 2015 (Preliminary Decision Memorandum) at 9-10; see
also Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ''Issues and
Decision Memorandum for the Final Affirmative Determination in the
Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat
Products from the People's Republic of China,'' dated concurrently
with this notice (Issues and Decision Memorandum) at 6-7.
\5\ Id.
\6\ See sections 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
For this final determination, we continue to find all programs in
this proceeding countervailable--that is, they provide a financial
contribution within the meaning of sections 771(5)(B)(i) and (D) of the
Act, confer a benefit within the meaning of section 771(5)(B) of the
Act, and are specific within the meaning of section 771(5A) of the Act.
We are therefore continuing to include these programs in the
determination of the AFA rates for Angang Hong Kong, Benxi Iron and
Steel, and Qian'an Golden Point.\7\ However, in a change from the
Preliminary Determination, we are updating the AFA rates for two
programs. The first of those programs is the Provision of Electricity
for Less than Adequate Remuneration, and the second is Import Tariff
and Value-Added Tax Exemptions for Foreign Invested Enterprises and
Certain Domestic Enterprises Using Imported Equipment in Encouraged
Industries. These changes are discussed in the Issues and Decision
Memorandum which is incorporated by reference and hereby adopted in
this final determination.\8\ The Issues and 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 is available to all parties in the Central
Records Unit, Room B8024 of the main Department of Commerce building.
In addition, a complete version of the Issues and Decision Memorandum
can be accessed directly at https://enforcement.trade.gov/frn/. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\7\ See Preliminary Decision Memorandum at 10-15.
\8\ See Issues and Decision Memorandum at ``Application of AFA:
Angang Hong Kong, Benxi Iron and Steel, Qian'an Golden Point, and
the GOC.''
---------------------------------------------------------------------------
Final Partial Affirmative Determination of Critical Circumstances, in
Part
On October 30, 2015, Petitioners timely filed a critical
circumstances allegation, pursuant to section 703(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of cold-rolled steel from the PRC.\9\ In accordance
with 19 CFR 351.206(c)(2)(i), we issued an affirmative preliminary
critical circumstances determination. A discussion of that
determination can be found in the Preliminary Decision Memorandum at
the section, ``Preliminary Determination of Critical Circumstances.''
\10\
---------------------------------------------------------------------------
\9\ See Letter from Petitioners, ``Certain Cold-Rolled Steel
Flat Products from the People's Republic of China, Japan, and the
Russian Federation--Petitioners' Critical Circumstances
Allegation,'' dated October 30, 2015 (Critical Circumstances
Allegation).
\10\ See Preliminary Decision Memorandum at 17.
---------------------------------------------------------------------------
As stated above, the Department did not receive any comments
concerning the preliminary determination. Thus, in accordance with
section 705(a)(2) of the Act, we continue to find, on the basis of
adverse facts available, that critical circumstances exist with respect
to Angang Hong Kong, Benxi Iron and Steel and Qian'an Golden Point. We
continue to determine that critical circumstances do not exist for all
other producers/exporters of cold-rolled steel from the PRC because we
do not find massive imports pursuant to 19 CFR 351.206(h)-(i).\11\
---------------------------------------------------------------------------
\11\ Id. and Issues and Decision Memorandum at the section
``Final Determination of Critical Circumstances, In Part.''
---------------------------------------------------------------------------
Final Determination
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated a countervailing duty rate for the individually investigated
producers/exporters of the subject merchandise, Angang Hong Kong, Benxi
Iron and Steel, and for non-cooperative exporter Qian'an Golden Point.
With respect to
[[Page 32731]]
the all-others rate, section 705(c)(5)(A)(ii) of the Act provides that
if the countervailable subsidy rates established for all exporters and
producers individually investigated are determined entirely in
accordance with section 776 of the Act, the Department may use any
reasonable method to establish an all-others rate for exporters and
producers not individually investigated. In this case, the rates
assigned to Angang Hong Kong and Benxi Iron and Steel, are based
entirely on facts otherwise available, with adverse inferences, under
section 776 of the Act.
All-Others Rate
There is no other information on the record with which to determine
an all-others rate. As a result, in accordance with section
705(c)(5)(A)(ii) of the Act, we have established the all-others rate by
applying the countervailable subsidy rates for mandatory respondents
Angang Hong Kong and Benxi Iron and Steel, which are the same as the
rate applied to non-selected exporter Qian'an Golden Point. The final
countervailable subsidy rates are summarized in the table below.
------------------------------------------------------------------------
Subsidy rate
Company (percent)
------------------------------------------------------------------------
Angang Group Hong Kong Co., Ltd......................... 256.44
Benxi Iron and Steel (Group) Special Steel Co., Ltd..... 256.44
Qian'an Golden Point Trading Co., Ltd................... 256.44
All-Others.............................................. 256.44
------------------------------------------------------------------------
Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
section 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend all entries of cold-rolled steel
from the PRC, as described in the ``Scope of the Investigation'' that
were entered, or withdrawn from warehouse, for consumption on or after
the date of the publication of the Preliminary Determination in the
Federal Register, and to require a cash deposit for such entries of
merchandise.\12\ In accordance with section 703(d) of the Act, we
issued instructions to CBP to discontinue the suspension of liquidation
for CVD purposes for subject merchandise entered, or withdrawn from
warehouse, on or after April 20, 2016, but to continue the suspension
of liquidation of all entries from December 22, 2015 through April 19,
2016.
---------------------------------------------------------------------------
\12\ See Preliminary Determination, 80 FR 79559.
---------------------------------------------------------------------------
Moreover, as a result of our preliminary critical circumstances
determination for Angang Hong Kong, Benxi Iron and Steel, and Qian'an
Golden Point, pursuant to section 703(e)(2) of the Act, we instructed
CBP to suspend liquidation of all entries of subject merchandise from
the PRC which were entered or withdrawn from warehouse, for consumption
by these companies on or after September 23, 2015, the date 90 days
prior to the date of the publication of the Preliminary Determination
in the Federal Register.\13\ In accordance with section 703(d) of the
Act, we later issued instructions to CBP to discontinue the suspension
of liquidation for CVD purposes for subject merchandise entered, or
withdrawn from warehouse by Angang Hong Kong, Benxi Iron and Steel, or
Qian'an Golden Point, on or after April 20, 2016, but to continue the
suspension of liquidation of all entries from September 23, 2015
through April 29, 2016.
---------------------------------------------------------------------------
\13\ Id.
---------------------------------------------------------------------------
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order and
reinstate the suspension of liquidation under section 706(a) of the Act
and will require a cash deposit of estimated CVDs for such entries of
merchandise in the amounts indicated above. If the ITC determines that
material injury, or threat of material injury, does not exist, this
proceeding will be terminated and all estimated duties deposited or
securities posted as a result of the suspension of liquidation will be
refunded or canceled.
Disclosure
We described the calculations used to determine countervailing duty
rates based on adverse facts available in the Issues and Decision
Memorandum.\14\ Thus, no additional disclosure of calculations is
necessary for this final determination.
---------------------------------------------------------------------------
\14\ See Issues and Decision Memorandum at ``Application of AFA:
Angang Hong Kong, Benxi Iron and Steel, Qian'an Golden Point, and
the GOC.''
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative determination of the provision of
countervailable subsidies and final affirmative determination of
critical circumstances, in part. Because the final determination in
this proceeding is affirmative, in accordance with section 705(b)(2) of
the Act, the ITC will determine, within 45 days, whether the domestic
industry in the United States is materially injured, or threatened with
material injury, by reason of imports of cold-rolled steel from the
PRC, or sales (or the likelihood of sales) for importation, of cold-
rolled steel from the PRC. If the ITC determines that such injury does
not exist, this proceeding will be terminated and all securities posted
will be refunded or canceled. If the ITC determines that such injury
does exist, the Department will issue a countervailing duty order
directing CBP to assess, upon further instruction by the Department,
countervailing duties on appropriate imports of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
effective date of the suspension of liquidation.
In addition, we are making available to the ITC all non-privileged
and non-proprietary information related to this investigation. We will
allow the ITC access to all privileged and business proprietary
information in our files, provided the ITC confirms it will not
disclose such information, either publicly or under an administrative
protective order (APO), without the written consent of the Assistant
Secretary for Enforcement and Compliance.
Notification Regarding Administrative Protective Orders
This notice will serve as a reminder to the parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APOs in accordance with 19 CFR 351.305. Timely written notification of
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: May 16, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Calculation of the All-Others Rate
VI. Final Determination of Critical Circumstances, In Part
VII. Recommendation
[[Page 32732]]
Appendix II
Scope of the Investigation
The products covered by this investigation are certain cold-rolled
(cold-reduced), flat-rolled steel products, whether or not annealed,
painted, varnished, or coated with plastics or other non-metallic
substances. The products covered do not include those that are clad,
plated, or coated with metal. The products covered include coils that
have a width or other lateral measurement (``width'') of 12.7 mm or
greater, regardless of form of coil (e.g., in successively superimposed
layers, spirally oscillating, etc.). The products covered also include
products not in coils (e.g., in straight lengths) of a thickness less
than 4.75 mm and a width that is 12.7 mm or greater and that measures
at least 10 times the thickness. The products covered also include
products not in coils (e.g., in straight lengths) of a thickness of
4.75 mm or more and a width exceeding 150 mm and measuring at least
twice the thickness. The products described above may be rectangular,
square, circular, or other shape and include products of either
rectangular or non-rectangular cross-section where such cross-section
is achieved subsequent to the rolling process, i.e., products which
have been ``worked after rolling'' (e.g., products which have been
beveled or rounded at the edges). For purposes of the width and
thickness requirements referenced above:
(1) Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above, and
(2) Where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of this investigation are
products in which: (1) Iron predominates, by weight, over each of the
other contained elements; (2) the carbon content is 2 percent or less,
by weight; and (3) none of the elements listed below exceeds the
quantity, by weight, respectively indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.00 percent of nickel, or
0.30 percent of tungsten (also called wolfram), or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium
Unless specifically excluded, products are included in this scope
regardless of levels of boron and titanium.
For example, specifically included in this scope are vacuum
degassed, fully stabilized (commonly referred to as interstitial-free
(IF)) steels, high strength low alloy (HSLA) steels, motor lamination
steels, Advanced High Strength Steels (AHSS), and Ultra High Strength
Steels (UHSS). IF steels are recognized as low carbon steels with
micro-alloying levels of elements such as titanium and/or niobium added
to stabilize carbon and nitrogen elements. HSLA steels are recognized
as steels with micro-alloying levels of elements such as chromium,
copper, niobium, titanium, vanadium, and molybdenum. Motor lamination
steels contain micro-alloying levels of elements such as silicon and
aluminum. AHSS and UHSS are considered high tensile strength and high
elongation steels, although AHSS and UHSS are covered whether or not
they are high tensile strength or high elongation steels.
Subject merchandise includes cold-rolled steel that has been
further processed in a third country, including but not limited to
annealing, tempering, painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other processing that would not
otherwise remove the merchandise from the scope of the investigation if
performed in the country of manufacture of the cold-rolled steel.
All products that meet the written physical description, and in
which the chemistry quantities do not exceed any one of the noted
element levels listed above, are within the scope of this investigation
unless specifically excluded. The following products are outside of
and/or specifically excluded from the scope of this investigation:
Ball bearing steels; \15\
---------------------------------------------------------------------------
\15\ 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; \16\
---------------------------------------------------------------------------
\16\ 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 steel;\17\
---------------------------------------------------------------------------
\17\ 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.
---------------------------------------------------------------------------
Grain-oriented electrical steels (GOES) as defined in the
final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel From Germany, Japan, and Poland.\18\
---------------------------------------------------------------------------
\18\ Grain-Oriented Electrical Steel From Germany, Japan, and
Poland: Final Determinations of Sales at Less Than Fair Value and
Certain Final Affirmative Determination of Critical Circumstances,
79 FR 42,501, 42,503 (Dep't of Commerce, July 22, 2014). This
determination defines grain-oriented electrical steel as ``a flat-
rolled alloy steel product containing by weight at least 0.6 percent
but not more than 6 percent of silicon, not more than 0.08 percent
of carbon, not more than 1.0 percent of aluminum, and no other
element in an amount that would give the steel the characteristics
of another alloy steel, in coils or in straight lengths.''
---------------------------------------------------------------------------
Non-Oriented Electrical Steels (NOES), as defined in the
antidumping orders issued by the U.S. Department of Commerce in Non-
Oriented Electrical Steel From the People's Republic of China, Germany,
Japan, the Republic of Korea, Sweden, and Taiwan.\19\
---------------------------------------------------------------------------
\19\ Non-Oriented Electrical Steel From the People's Republic of
China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan:
Antidumping Duty Orders, 79 FR 71,741, 71,741-42 (Dep't of Commerce,
Dec. 3, 2014). The orders define NOES as ``cold-rolled, flat-rolled,
alloy steel products, whether or not in coils, regardless of width,
having an actual thickness of 0.20 mm or more, in which the core
loss is substantially equal in any direction of magnetization in the
plane of the material. The term `substantially equal' means that the
cross grain direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of core loss.
NOES has a magnetic permeability that does not exceed 1.65 Tesla
when tested at a field of 800 A/m (equivalent to 10 Oersteds) along
(i.e., parallel to) the rolling direction of the sheet (i.e., B800
value). NOES contains by weight more than 1.00 percent of silicon
but less than 3.5 percent of silicon, not more than 0.08 percent of
carbon, and not more than 1.5 percent of aluminum. NOES has a
surface oxide coating, to which an insulation coating may be
applied.''
---------------------------------------------------------------------------
The products subject to this investigation are currently classified
in the Harmonized Tariff Schedule of the United States (HTSUS) under
item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070,
[[Page 32733]]
7209.17.0091, 7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520,
7209.18.2580, 7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000,
7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500,
7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060,
7211.23.6090, 7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030,
7211.29.6080, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000,
7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and
7226.92.8050. The products subject to the investigation may also enter
under the following HTSUS numbers: 7210.90.9000, 7212.50.0000,
7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020,
7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000,
7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000,
7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
[FR Doc. 2016-12183 Filed 5-23-16; 8:45 am]
BILLING CODE 3510-DS-P
