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 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 http://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 http:// 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 http://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 http:// 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: http://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 
http://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 http://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