Certain Cold-Rolled Steel Flat Products From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances, 32725-32728 [2016-12186]

Download as PDF sradovich on DSK3TPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: March 2, 2016. Docket Number: 16–003. Applicant: Oregon Health & Science University, 3181 SW Sam Jackson Park Road, Portland, OR 97239. Instrument: Electron Microscope. Manufacturer: FEI Company, the Netherlands. Intended Use: The instrument will be used to study how genomic features in model systems and humans encode the molecular, cellular and tissue structures that comprise normal and diseased tissues and apply the resulting information to improve management of human diseases including cancer, cardiovascular disease, immunodeficiency and dementia. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: April 15, 2016. Docket Number: 16–006. Applicant: Texas Southwestern Medical Center, 5323 Harry Hinos Blvd., Dallas, TX 75390. Instrument: Electron Microscope. Manufacturer: FEI Company, the Netherlands. Intended Use: The instrument will be used to learn how imaged proteins and molecules perform their cellular functions, which can be used to understand cases where these proteins and molecules malfunction and cause disease, such as cancer. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: May 6, 2016. Docket Number: 16–009. Applicant: Stanford University, 299 Campus Drive West, Stanford, CA 94305–5126. Instrument: Electron Microscope. Manufacturer: FEI Company, Netherlands. Intended Use: The instrument will be used to determine the structures of proteins and protein complexes to atomic (3.5 angstroms+) or near atomic (10 angstroms+) resolution. Determining the structures to such high resolution will give insight into the basic biology of systems such as tissue samples, whole cells and purified proteins. Justification for Duty-Free Entry: There are no instruments of the same general category manufactured in the United States. Application accepted by Commissioner of Customs: March 2, 2016. VerDate Sep<11>2014 17:24 May 23, 2016 Jkt 238001 Dated: May 16, 2016. Gregory W. Campbell, Director of Subsidies Enforcement, Enforcement and Compliance. investigation. No interested party requested a hearing. [FR Doc. 2016–12176 Filed 5–23–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–029] Certain Cold-Rolled Steel Flat Products From the People’s Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, and Final Affirmative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that certain cold-rolled steel flat products (coldrolled steel) from the People’s Republic of China (the PRC) are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Tariff Act of 1930, as amended (the Act). The period of investigation is January 1, 2015, through June 30, 2015. The estimated weightedaverage dumping margin of sales at LTFV is shown in the ‘‘Final Determination’’ section of this notice. DATES: Effective Date: May 24, 2016. FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Robert James, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–4947 or (202) 482– 0679, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 7, 2016, the Department published its preliminary affirmative determination of sales at LTFV and preliminary affirmative determination of critical circumstance in LTFV investigation of cold-rolled steel from the PRC.1 We invited interested parties to comment on our preliminary determinations. We only received comments regarding the scope of this 1 See Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat Products From the People’s Republic of China: Affirmative Preliminary Determination of Sales at Less Than Fair Value, and Preliminary Affirmative Determination of Critical Circumstances, 81 FR 11751 (March 7, 2016) (Preliminary Determination). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 32725 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 from the PRC. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix I. 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 has made no changes to the scope of the investigation. For further discussion, see the Final Scope Comments Memorandum.2 The scope in Appendix I reflects the final unmodified scope language as it appeared in the Preliminary Determination. Verification The only respondent in the antidumping investigation of cold-rolled steel from the PRC, the PRC-wide entity, did not provide information requested by the Department. Hence, no verification was conducted. Analysis of Comments Received and Changes Since the Preliminary Determination We made no changes to the Preliminary Determination because we received no comments pertaining to the Preliminary Determination. Final Affirmative Determination of Critical Circumstances In accordance with section 733(e)(1) of the Act and 19 CFR 351.206, we preliminarily found critical circumstances exist with respect to imports of certain cold-rolled steel flat products from the PRC-wide entity.3 As stated above, the Department did not receive any comments concerning the preliminary determination. Thus, for the 2 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). 3 See Preliminary Determination. E:\FR\FM\24MYN1.SGM 24MYN1 32726 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices final determination, we continue to find that, in accordance with section 735(a)(3) of the Act and 19 CFR 351.206, critical circumstances exist with respect to the PRC-wide entity. Use of Adverse Facts Available As stated in the Preliminary Determination, the PRC-wide entity failed to cooperate to the best of its ability.4 Accordingly, pursuant to sections 776(a)(2)(A), (B), and (C) and section 776(b) of the Act, we find it appropriate to assign the estimated weighted-average dumping margin in the table below, which is based on total adverse facts available.5 Combination Rates the In the Initiation Department stated that it would calculate combination rates for PRC respondents that are eligible for separate rate in this investigation. This practice is described in Policy Bulletin 05.1, available at http:// enforcement.trade.gov/policy/ index.html. Because the Department has not granted a separate rate to any PRC respondent, the Department has not calculated combination rates for any PRC respondents. Notice,6 Final Determination As stated above, we made no changes to our affirmative preliminary LTFV determination; therefore, we continue to determine the following estimated weighted-average dumping margin exists for the PRC wide-entity during the period January 1, 2015, through June 30, 2015: Company PRC-Wide Entity ....... Dumping rate 265.79 percent Continuation of Suspension of Liquidation sradovich on DSK3TPTVN1PROD with NOTICES In accordance with section 735(c)(4)(A) of the Act, for the final determination, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of cold-rolled steel from the PRC as described in the ‘‘Scope of the Investigation’’ section which were entered, or withdrawn from warehouse, for consumption 90 days prior to the date of publication of the Preliminary 4 See Id., and accompanying Preliminary Decision Memorandum at 9–13. 5 Id. 6 See Certain Cold-Rolled Steel Flat Products from Brazil, the People’s Republic of China, India, Japan, the Republic of Korea, the Netherlands, the Russian Federation, and the United Kingdom: Initiation of Less-Than-Fair-Value Investigations, 80 FR 51198 (August 24, 2015) (Initiation Notice). VerDate Sep<11>2014 17:24 May 23, 2016 Jkt 238001 Determination, pursuant to section 733(e)(2) of the Act. As we stated in the Preliminary Determination, and consistent with our practice, where the product under investigation is also subject to a concurrent countervailing duty investigation, we will instruct CBP to require a cash deposit equal to the amount by which the normal value exceeds the export price or constructed export price, adjusted where appropriate for export subsidies and estimated domestic subsidy passthrough.7 With respect to the PRC-wide entity, we find that an adjustment for export subsidies of 66.03 percent 8 is warranted because this is the countervailing duty rate attributable to export subsidies included in the countervailing duty rate to which all entries from the PRC-wide entity are currently subject. We are not adjusting the final determination for estimated domestic subsidy pass-through because we have no basis upon to make such an adjustment. Thus, we will offset the PRC-wide rate of 265.79 by the countervailing duty rate attributable to export subsidies (i.e., 66.03 percent) to calculate the cash deposit ad valorem rate for the PRC-wide entity of 199.76 percent.9 The suspension of liquidation 7 See Preliminary Determination. sections 772(c)(1)(C) and 777A(f) of the Act, respectively. Unlike in administrative reviews, the Department makes an adjustment for export subsidies in an LTFV investigation not in the calculation of the weighted-average dumping margin, but in the cash deposit instructions issued to U.S. Customs and Border Protection. See Notice of Final Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and accompanying Issues and Decision Memorandum at comment 1. The following programs are export specific in the concurrent countervailing duty investigation: Export Loans; Preferential Lending to Cold-Rolled Steel Producers and Exporters Classified As ‘‘Honorable Enterprises’’; Preferential Income Tax Subsidies for Foreign Invested Enterprises—Export Oriented FIEs; Programs to Rebate Antidumping Legal Fees; Export Assistance Grants; Subsidies for Development of Famous Export Brands and China World Top Brands; SubCentral Government Programs to Promote Famous Export Brands and China World Top Brands; Export Interest Subsidies; Export Seller’s Credits; Export Buyer’s Credits; Export Credit Insurance Subsidies; Export Credit Guarantees’’. See Countervailing Duty Investigation of Certain Cold-Rolled Steel Flat Products From the People’s Republic of China: Final Affirmative Determination, Final Partial Affirmative Critical Circumstances Determination, and accompanying Issues and Decision Memorandum. The final determination in this companion CVD proceeding is being released concurrently with this final determination. 9 The cash deposit rate reflecting the export subsidy offset will be in effect until the countervailing duty provisional measures expire (i.e., 120 days after the publication of the preliminary determination of companion countervailing duty investigation). 8 See PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 instructions will remain in effect until further notice. Disclosure We described the calculations used to determine the estimated weightedaverage dumping margins based on adverse facts available, in the Preliminary Determination. We made no changes to our calculations since the Preliminary Determination. Thus, no additional disclosure of calculations is necessary for this final determination. International Trade Commission (ITC) Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of our final affirmative determination of sales at LTFV and final affirmative determination of critical circumstances. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to 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 no later than 45 days after our final determination. 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 an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. 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 APO 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 the terms of an APO is a sanctionable violation. We are issuing and publishing this determination in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). E:\FR\FM\24MYN1.SGM 24MYN1 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices Dated: May 16, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I sradovich on DSK3TPTVN1PROD with NOTICES Scope of the Investigation The products covered by this investigation are certain cold-rolled (cold-reduced), flatrolled 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 crosssection, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated: • 2.50 percent of manganese, or • 3.30 percent of silicon, or • 1.50 percent of copper, or • 1.50 percent of aluminum, or • 1.25 percent of chromium, or • 0.30 percent of cobalt, or • 0.40 percent of lead, or • 2.00 percent of nickel, or • 0.30 percent of tungsten (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 VerDate Sep<11>2014 17:24 May 23, 2016 Jkt 238001 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 microalloying 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; 10 · Tool steels; 11 · Silico-manganese steel; 12 10 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. 11 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. 12 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. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 32727 · 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.13 · Non-Oriented Electrical Steels (NOES), as defined in the antidumping orders issued by the U.S. Department of Commerce in NonOriented Electrical Steel From the People’s Republic of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan.14 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, 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. 13 See 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 flatrolled 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.’’ 14 See 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, December 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 32728 Federal Register / Vol. 81, No. 100 / Tuesday, May 24, 2016 / Notices The HTSUS subheadings above are provided for convenience and U.S. Customs purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2016–12186 Filed 5–23–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Civil Nuclear Trade Advisory Committee Meeting ITA, DOC. Notice of federal advisory committee meeting. AGENCY: ACTION: This notice sets forth the schedule and proposed agenda for a meeting of the Civil Nuclear Trade Advisory Committee (CINTAC). DATES: The meeting is scheduled for Thursday, June 9, 2016, from 9:00 a.m. to 4:00 p.m. Eastern Daylight Time (EDT). The public session is from 3:00 p.m. to 4:00 p.m. ADDRESSES: The meeting will be held in Room 1412, U.S. Department of Commerce, Herbert Clark Hoover Building, 1401 Constitution Ave. NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Chesebro, Office of Energy & Environmental Industries, ITA, Room 4053, 1401 Constitution Ave. NW., Washington, DC 20230. (Phone: 202– 482–1297; Fax: 202–482–5665; email: jonathan.chesebro@trade.gov). SUPPLEMENTARY INFORMATION: Background: The CINTAC was established under the discretionary authority of the Secretary of Commerce and in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), in response to an identified need for consensus advice from U.S. industry to the U.S. Government regarding the development and administration of programs to expand United States exports of civil nuclear goods and services in accordance with applicable U.S. laws and regulations, including advice on how U.S. civil nuclear goods and services export policies, programs, and activities will affect the U.S. civil nuclear industry’s competitiveness and ability to participate in the international market. Topics to be considered: The agenda for the Thursday, June 9, 2016 CINTAC meeting is as follows: Closed Session (9:00 a.m. to 3:00 p.m.) 1. Discussion of matters determined to be exempt from the provisions of the Federal Advisory Committee Act relating to public meetings sradovich on DSK3TPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:24 May 23, 2016 Jkt 238001 found in 5 U.S.C. App. §§ (10)(a)(1) and 10(a)(3). Public Session (3:00 p.m. to 4:00 p.m.) 1. International Trade Administration’s Civil Nuclear Trade Initiative Update 2. Civil Nuclear Trade Promotion Activities Discussion 3. Public comment period The meeting will be disabledaccessible. Public seating is limited and available on a first-come, first-served basis. Members of the public wishing to attend the meeting must notify Mr. Jonathan Chesebro at the contact information below by 5:00 p.m. EDT on Friday, June 3, 2016 in order to preregister for clearance into the building. Please specify any requests for reasonable accommodation at least five business days in advance of the meeting. Last minute requests will be accepted, but may be impossible to fill. A limited amount of time will be available for pertinent brief oral comments from members of the public attending the meeting. To accommodate as many speakers as possible, the time for public comments will be limited to two (2) minutes per person, with a total public comment period of 30 minutes. Individuals wishing to reserve speaking time during the meeting must contact Mr. Chesebro and submit a brief statement of the general nature of the comments and the name and address of the proposed participant by 5:00 p.m. EDT on Friday, June 3, 2016. If the number of registrants requesting to make statements is greater than can be reasonably accommodated during the meeting, ITA may conduct a lottery to determine the speakers. Speakers are requested to bring at least 20 copies of their oral comments for distribution to the participants and public at the meeting. Any member of the public may submit pertinent written comments concerning the CINTAC’s affairs at any time before and after the meeting. Comments may be submitted to the Civil Nuclear Trade Advisory Committee, Office of Energy & Environmental Industries, Room 4053, 1401 Constitution Ave. NW., Washington, DC 20230. For consideration during the meeting, and to ensure transmission to the Committee prior to the meeting, comments must be received no later than 5:00 p.m. EDT on Friday, June 3, 2016. Comments received after that date will be distributed to the members but may not be considered at the meeting. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Copies of CINTAC meeting minutes will be available within 90 days of the meeting. Man Cho, Director, Acting, Office of Energy and Environmental Industries. [FR Doc. 2016–12274 Filed 5–23–16; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE International Trade Administration Notice of Determination To Partially Close Two Meetings of the Civil Nuclear Trade Advisory Committee ITA, DOC. Notice of determination to partially close two meetings of the Civil Nuclear Trade Advisory Committee (CINTAC). AGENCY: ACTION: This notice of determination announces the partial closure of the June 9, 2016 and August 4, 2016 meetings of the CINTAC. DATES: The meetings are scheduled for Thursday, June 9, 2016, 9:00 a.m. to 4:00 p.m. Eastern Daylight Time (EDT) and Thursday August 4, 2016, 9:00 a.m. to 4:00 p.m. EDT. The public sessions of the meetings are from 3:00 p.m. to 4:00p.m. SUMMARY: The meetings will be held in Room 1412, U.S. Department of Commerce, Herbert Clark Hoover Building, 1401 Constitution Ave. NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Chesebro, Office of Energy & Environmental Industries, ITA, Room 4053, 1401 Constitution Ave. NW., Washington, DC 20230. (Phone: 202– 482–1297; Fax: 202–482–5665; email: jonathan.chesebro@trade.gov). SUPPLEMENTARY INFORMATION: ADDRESSES: Notice of Determination In response to requests from representatives of a substantial segment of the U.S. civil nuclear industry and the U.S. Departments of State and Energy, the Secretary of Commerce, under discretionary authority, established the Civil Nuclear Trade Advisory Committee (the committee) in 2008, pursuant to provisions under the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App. 2. The committee was most recently rechartered in August 2014 and the current charter is set to expire in August 2016. It advises the Secretary of Commerce on the development and administration of programs and policies to expand United States exports of civil E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Notices]
[Pages 32725-32728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12186]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-029]


Certain Cold-Rolled Steel Flat Products From the People's 
Republic of China: Final Affirmative Determination of Sales at Less 
Than Fair Value, and Final Affirmative Determination of Critical 
Circumstances

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
certain cold-rolled steel flat products (cold-rolled steel) from the 
People's Republic of China (the PRC) are being, or are likely to be, 
sold in the United States at less than fair value (LTFV), as provided 
in section 735 of the Tariff Act of 1930, as amended (the Act). The 
period of investigation is January 1, 2015, through June 30, 2015. The 
estimated weighted-average dumping margin of sales at LTFV is shown in 
the ``Final Determination'' section of this notice.

DATES: Effective Date: May 24, 2016.

FOR FURTHER INFORMATION CONTACT: Scott Hoefke or Robert James, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4947 
or (202) 482-0679, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2016, the Department published its preliminary 
affirmative determination of sales at LTFV and preliminary affirmative 
determination of critical circumstance in LTFV investigation of cold-
rolled steel from the PRC.\1\ We invited interested parties to comment 
on our preliminary determinations. We only received comments regarding 
the scope of this investigation. No interested party requested a 
hearing.
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    \1\ See Antidumping Duty Investigation of Certain Cold-Rolled 
Steel Flat Products From the People's Republic of China: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value, and 
Preliminary Affirmative Determination of Critical Circumstances, 81 
FR 11751 (March 7, 2016) (Preliminary Determination).
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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 from the PRC. For a full description of the scope of this 
investigation, see the ``Scope of the Investigation,'' in Appendix I.
    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 has made no changes to the scope 
of the investigation. For further discussion, see the Final Scope 
Comments Memorandum.\2\ The scope in Appendix I reflects the final 
unmodified scope language as it appeared in the Preliminary 
Determination.
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    \2\ 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).
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Verification

    The only respondent in the antidumping investigation of cold-rolled 
steel from the PRC, the PRC-wide entity, did not provide information 
requested by the Department. Hence, no verification was conducted.

Analysis of Comments Received and Changes Since the Preliminary 
Determination

    We made no changes to the Preliminary Determination because we 
received no comments pertaining to the Preliminary Determination.

Final Affirmative Determination of Critical Circumstances

    In accordance with section 733(e)(1) of the Act and 19 CFR 351.206, 
we preliminarily found critical circumstances exist with respect to 
imports of certain cold-rolled steel flat products from the PRC-wide 
entity.\3\ As stated above, the Department did not receive any comments 
concerning the preliminary determination. Thus, for the

[[Page 32726]]

final determination, we continue to find that, in accordance with 
section 735(a)(3) of the Act and 19 CFR 351.206, critical circumstances 
exist with respect to the PRC-wide entity.
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    \3\ See Preliminary Determination.
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Use of Adverse Facts Available

    As stated in the Preliminary Determination, the PRC-wide entity 
failed to cooperate to the best of its ability.\4\ Accordingly, 
pursuant to sections 776(a)(2)(A), (B), and (C) and section 776(b) of 
the Act, we find it appropriate to assign the estimated weighted-
average dumping margin in the table below, which is based on total 
adverse facts available.\5\
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    \4\ See Id., and accompanying Preliminary Decision Memorandum at 
9-13.
    \5\ Id.
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Combination Rates

    In the Initiation Notice,\6\ the Department stated that it would 
calculate combination rates for PRC respondents that are eligible for 
separate rate in this investigation. This practice is described in 
Policy Bulletin 05.1, available at http://enforcement.trade.gov/policy/index.html. Because the Department has not granted a separate rate to 
any PRC respondent, the Department has not calculated combination rates 
for any PRC respondents.
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    \6\ See Certain Cold-Rolled Steel Flat Products from Brazil, the 
People's Republic of China, India, Japan, the Republic of Korea, the 
Netherlands, the Russian Federation, and the United Kingdom: 
Initiation of Less-Than-Fair-Value Investigations, 80 FR 51198 
(August 24, 2015) (Initiation Notice).
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Final Determination

    As stated above, we made no changes to our affirmative preliminary 
LTFV determination; therefore, we continue to determine the following 
estimated weighted-average dumping margin exists for the PRC wide-
entity during the period January 1, 2015, through June 30, 2015:

------------------------------------------------------------------------
                  Company                           Dumping rate
------------------------------------------------------------------------
PRC-Wide Entity...........................  265.79 percent
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(4)(A) of the Act, for the final 
determination, we will instruct U.S. Customs and Border Protection 
(CBP) to continue to suspend liquidation of all entries of cold-rolled 
steel from the PRC as described in the ``Scope of the Investigation'' 
section which were entered, or withdrawn from warehouse, for 
consumption 90 days prior to the date of publication of the Preliminary 
Determination, pursuant to section 733(e)(2) of the Act.
    As we stated in the Preliminary Determination, and consistent with 
our practice, where the product under investigation is also subject to 
a concurrent countervailing duty investigation, we will instruct CBP to 
require a cash deposit equal to the amount by which the normal value 
exceeds the export price or constructed export price, adjusted where 
appropriate for export subsidies and estimated domestic subsidy pass-
through.\7\ With respect to the PRC-wide entity, we find that an 
adjustment for export subsidies of 66.03 percent \8\ is warranted 
because this is the countervailing duty rate attributable to export 
subsidies included in the countervailing duty rate to which all entries 
from the PRC-wide entity are currently subject. We are not adjusting 
the final determination for estimated domestic subsidy pass-through 
because we have no basis upon to make such an adjustment. Thus, we will 
offset the PRC-wide rate of 265.79 by the countervailing duty rate 
attributable to export subsidies (i.e., 66.03 percent) to calculate the 
cash deposit ad valorem rate for the PRC-wide entity of 199.76 
percent.\9\ The suspension of liquidation instructions will remain in 
effect until further notice.
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    \7\ See Preliminary Determination.
    \8\ See sections 772(c)(1)(C) and 777A(f) of the Act, 
respectively. Unlike in administrative reviews, the Department makes 
an adjustment for export subsidies in an LTFV investigation not in 
the calculation of the weighted-average dumping margin, but in the 
cash deposit instructions issued to U.S. Customs and Border 
Protection. See Notice of Final Determination of Sales at Less Than 
Fair Value, and Negative Determination of Critical Circumstances: 
Certain Lined Paper Products from India, 71 FR 45012 (August 8, 
2006), and accompanying Issues and Decision Memorandum at comment 1. 
The following programs are export specific in the concurrent 
countervailing duty investigation: Export Loans; Preferential 
Lending to Cold-Rolled Steel Producers and Exporters Classified As 
``Honorable Enterprises''; Preferential Income Tax Subsidies for 
Foreign Invested Enterprises--Export Oriented FIEs; Programs to 
Rebate Antidumping Legal Fees; Export Assistance Grants; Subsidies 
for Development of Famous Export Brands and China World Top Brands; 
Sub-Central Government Programs to Promote Famous Export Brands and 
China World Top Brands; Export Interest Subsidies; Export Seller's 
Credits; Export Buyer's Credits; Export Credit Insurance Subsidies; 
Export Credit Guarantees''. See Countervailing Duty Investigation of 
Certain Cold-Rolled Steel Flat Products From the People's Republic 
of China: Final Affirmative Determination, Final Partial Affirmative 
Critical Circumstances Determination, and accompanying Issues and 
Decision Memorandum. The final determination in this companion CVD 
proceeding is being released concurrently with this final 
determination.
    \9\ The cash deposit rate reflecting the export subsidy offset 
will be in effect until the countervailing duty provisional measures 
expire (i.e., 120 days after the publication of the preliminary 
determination of companion countervailing duty investigation).
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Disclosure

    We described the calculations used to determine the estimated 
weighted-average dumping margins based on adverse facts available, in 
the Preliminary Determination. We made no changes to our calculations 
since the Preliminary Determination. Thus, no additional disclosure of 
calculations is necessary for this final determination.

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of our final affirmative 
determination of sales at LTFV and final affirmative determination of 
critical circumstances. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to 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 no later than 45 days after our final determination. 
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 an antidumping duty order directing CBP to 
assess, upon further instruction by the Department, antidumping duties 
on all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation.

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 
APO 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 the terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).


[[Page 32727]]


    Dated: May 16, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

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:
    [middot] Ball bearing steels; \10\
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    \10\ 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.
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    [middot] Tool steels; \11\
---------------------------------------------------------------------------

    \11\ 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.
---------------------------------------------------------------------------

    [middot] Silico-manganese steel; \12\
---------------------------------------------------------------------------

    \12\ Silico-manganese steel is defined as steels containing by 
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or 
more but not more than 1.9 percent of manganese, and (iii) 0.6 
percent or more but not more than 2.3 percent of silicon.
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    [middot] 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.\13\
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    \13\ See 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.''
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    [middot] 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.\14\
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    \14\ See 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, December 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.''
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    The products subject to this investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7209.15.0000, 7209.16.0030, 
7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 
7209.17.0060, 7209.17.0070, 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.

[[Page 32728]]

    The HTSUS subheadings above are provided for convenience and 
U.S. Customs purposes only. The written description of the scope of 
the investigation is dispositive.

[FR Doc. 2016-12186 Filed 5-23-16; 8:45 am]
 BILLING CODE 3510-DS-P