Certain Corrosion-Resistant Steel Products From Italy: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 35320-35323 [2016-12969]
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Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–832]
Certain Corrosion-Resistant Steel
Products From Italy: Final
Determination of Sales at Less Than
Fair Value and Final Affirmative
Determination of Critical
Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) determines that
certain corrosion-resistant steel
products (‘‘corrosion-resistant steel’’)
from Italy is being, or is likely to be,
sold in the United States at less than fair
value (‘‘LTFV’’), as provided in section
735(a) of the Tariff Act of 1930, as
amended (‘‘the Act’’). The period of
investigation (‘‘POI’’) is April 1, 2014,
through March 31, 2015. The final
dumping margins of sales at LTFV are
listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective Date: June 2, 2016.
FOR FURTHER INFORMATION CONTACT: Julia
Hancock or Susan Pulongbarit, AD/CVD
Operations, Office V, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1394 or (202) 482–
4031, respectively.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background
On January 4, 2016, the Department
published the Preliminary
Determination of this antidumping duty
(‘‘AD’’) investigation.1 The following
events occurred since the Preliminary
Determination was issued.
Between January and April 2016, the
Department received supplemental
questionnaire responses and revised
databases from Acciaieria Arvedi SPA
(‘‘Arvedi’’) and Marcegaglia SpA
(‘‘Marcegaglia’’), the mandatory
respondents in this investigation.
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
1 See Certain Corrosion-Resistant Steel Products
From Italy: Preliminary Affirmative Determination
of Sales at Less Than Fair Value and Postponement
of Final Determination, 81 FR 69 (January 4, 2016)
(‘‘Preliminary Determination’’).
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extended by four business days. The
revised deadline for the final
determination is now May 24, 2016.2
Between April 19, and April 20, 2016,
Petitioners 3 submitted timely, properly
filed case briefs.4 Between April 25, and
April 28, 2016, Arvedi, and Petitioners
submitted timely, properly filed rebuttal
briefs.5 Additionally, on April 27, 2016,
Marcegaglia submitted a timely,
properly filed case brief.6 Moreover, on
May 2, 2016, Marcegaglia submitted a
timely, properly filed rebuttal brief.7
Additionally, on May 3, 2016, the
Department held a public hearing on
this antidumping duty investigation.
In accordance with the Preliminary
Scope Determination,8 the Department
set aside a period of time for parties to
address scope issues in case briefs or
other written comments on scope issues.
For a summary of the product
coverage comments and rebuttal
responses submitted to the record of this
final determination, and accompanying
discussion and analysis of all comments
timely received, see the Final Scope
Decision Memorandum.9 The Final
Scope Decision Memorandum is
incorporated by, and hereby adopted by,
this notice.
Scope of the Investigation
Analysis of Comments Received
The product covered by this
investigation is corrosion-resistant steel
from Italy. For a complete description of
the scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix II of this notice.
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum
accompanying this notice, which is
hereby adopted by this notice.10 A list
of the issues raised is attached to this
notice as Appendix II. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’). ACCESS is available to
registered users at https://
access.trade.gov and it is available to all
parties in the Central Records Unit,
Room B–8024 of the main Department
of Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
2 See Memorandum for the Record, from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Tolling of
Administrative Deadlines as a Result of the
Government Closure during Snowstorm Jonas,’’
dated January 27, 2016.
3 United States Steel Corporation, Nucor
Corporation, ArcelorMittal USA, AK Steel
Corporation, Steel Dynamics, Inc., and California
Steel Industries, Inc., (collectively ‘‘Petitioners’’).
4 See Letter to the Secretary of Commerce from
Petitioners ‘‘Case Brief Submitted on behalf of
Petitioners: Brief on Arvedi,’’ (April 19, 2016)
(‘‘Petitioners’ Case Brief on Arvedi’’); Letter to the
Secretary of Commerce from Petitioners ‘‘Case Brief
Submitted on Behalf of Petitioners: Brief on
Marcegaglia,’’ (April 20, 2016) (‘‘Petitioners’ Case
Brief on Marcegaglia’’).
5 See Letter to the Secretary of Commerce from
Petitioners ‘‘Rebuttal Brief on Marcegaglia
Submitted on behalf of Petitioners,’’ (April 28,
2016) (‘‘Petitioners’ Rebuttal Brief on Marcegaglia’’);
Letter to the Secretary of Commerce from Arvedi
‘‘Arvedi’s Rebuttal Brief,’’ (April 25, 2016)
(‘‘Arvedi’s Rebuttal Brief’’); Letter to the Secretary
of Commerce from Marcegaglia, ‘‘Marcegaglia’s
Rebuttal Brief,’’ (April 28, 2016) (‘‘Marcegaglia’s
Rebuttal Brief’’)..
6 See Letter to the Secretary of Commerce from
Marcegaglia, ‘‘Revised Case Brief of Marcegaglia,’’
(April 27, 2016) (‘‘Marcegaglia’s Revised Case
Brief’’). We note that this is a refiled and redacted
case brief. See Letter to Marcegaglia from Paul
Walker, Program Manager, Office V, Re: CorrosionResistant Steel Products from Italy: Rejection of
New Factual Information, (April 26, 2016); Letter to
the Secretary of Commerce from Marcegaglia,
‘‘Corrosion-Resistant Steel Products from Italy:
Objection to the Department’s Rejection of
Marcegaglia’s Case Brief,’’ (April 27, 2016).
7 See Letter to the Secretary of Commerce from
Marcegaglia, ‘‘Revised Rebuttal Brief of
Marcegaglia,’’ (May 2, 2016) (‘‘Marcegaglia’s
Revised Rebuttal Brief’’). We note that this is a
refiled and redacted rebuttal brief. See Letter to
Marcegaglia from Paul Walker, Program Manager,
Office V, Re: Corrosion-Resistant Steel Products
from Italy: Rejection of New Factual Information in
Rebuttal Brief, (April 29, 2016).
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Scope Comments
8 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain
Corrosion-Resistant Steel Products From the
People’s Republic of China, India, Italy, the
Republic of Korea, and Taiwan: Scope Comments
Decision Memorandum for the Preliminary
Determinations,’’ dated December 21, 2015
(‘‘Preliminary Scope Decision Memorandum’’). See
also Memorandum to the File, ‘‘Certain CorrosionResistant Steel Products From the People’s Republic
of China, India, Italy, the Republic of Korea, and
Taiwan: Correction to Preliminary Determination
Scope Memorandum,’’ dated January 29, 2016.
9 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Scope Comments
Decision Memorandum for the Final
Determinations,’’ dated concurrently with this
notice.
10 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
‘‘Issues and Decision Memorandum for the Final
Determination of the Antidumping Duty
Investigation of Certain Corrosion-Resistant Steel
Products from Italy’’ (May 24, 2016) (‘‘Issues and
Decision Memorandum’’).
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Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Act, between January and March 2016,
the Department verified the sales and
cost data reported by Arvedi and
Marcegaglia. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by Arvedi and
Marcegaglia.11
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Changes Since the Preliminary
Determination and Use of Adverse
Facts Available
Based on our analysis of the
comments received and our findings at
verification, we revised the margin for
Marcegaglia to reflect the application of
facts available with an adverse
inference, pursuant to sections
776(a)(2)(A)–(D) and 776(b) of the the
Act. Additionally, we made certain
changes to the margin calculation for
Arvedi and applied partial facts
available with an adverse inference to
11 See Memorandum to the File, through Paul
Walker, Program Manager, Office V, from Julia
Hancock and Susan Pulongbarit, Senior
International Trade Analysts, and Omar Qureshi,
International Trade Analyst, ‘‘Verification of Home
Market Sales of Arvedi in the Antidumping Duty
Investigation of Certain Corrosion-Resistant Steel
Products from Italy,’’ (March 29, 2016);
Memorandum to the File, through Paul Walker,
Program Manager, Office V, from Susan Pulongbarit
and Julia Hancock, Senior International Trade
Analysts, and Omar Qureshi, International Trade
Analyst, ‘‘Verification of Home Market Sales of
Marcegaglia in the Antidumping Duty Investigation
of Certain Corrosion-Resistant Steel Products from
Italy,’’ (April 8, 2016); Memorandum to the File,
through Paul Walker, Program Manager, Office V,
from Susan Pulongbarit and Julia Hancock, Senior
International Trade Analysts, ‘‘Verification of U.S.
Sales of Marcegaglia in the Antidumping Duty
Investigation of Certain Corrosion-Resistant Steel
Products from Italy,’’ (April 7, 2016); Memorandum
to the File, through Neal Halper, Director, Office of
Accounting, from Christopher Zimpo and James
Balog, Accountants, ’’ Verification of the Cost of
Production and Constructed Value Data Submitted
by Arvedi in the Antidumping Duty Investigation
of Certain Corrosion-Resistant Steel Products from
Italy’’ (April 7, 2016); Memorandum to the File,
through Neal Halper, Director, Office of
Accounting, from James Balog, Accountant,
‘‘Verification of the Cost of Production and
Constructed Value Data Submitted by Marcegaglia
in the Antidumping Duty Investigation of Certain
Corrosion-Resistant Steel Products from Italy’’
(April 12, 2016); Memorandum to the File, through
Neal Halper, Director, Office of Accounting, from
James Balog, Accountant, ‘‘Verification of the Cost
of Production and Constructed Value Data
Submitted by Marcegaglia in the Antidumping Duty
Investigation of Certain Corrosion-Resistant Steel
Products from Italy’’ (April 12, 2016) ;
Memorandum to the File, through Neal Halper,
Director, Office of Accounting, from James Balog,
Accountant, ‘‘Verification of the Further
Manufacturing Data Submitted by Marcegaglia in
the Antidumping Duty Investigation of Certain
Corrosion-Resistant Steel Products from Italy’’
(April 12, 2016).
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Arvedi for its non-prime sales in the
home market and affiliated prime sales
in the home market, pursuant to
sections 776(a)(2)(A)–(D) and 776(b) of
the Act. We have also revised the allothers rate. For a discussion of these
changes, see the ‘‘Margin Calculations’’
section and Comments 1–11 of the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated ‘‘all-others’’
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and any
margins determined entirely under
section 776 of the Act. Because Arvedi
is the only respondent in this
investigation for which the Department
calculated a company-specific rate
which is not zero, de minimis or based
entirely on facts available, pursuant to
section 735(c)(5)(A) of the Act, we are
using the weighted-average dumping
margin calculated for Arvedi as the
estimated weighted-average dumping
margin assigned to all other producers
and exporters of the merchandise under
consideration.12
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Final Affirmative Determination of
Critical Circumstances, in Part
On November 5, 2015, the Department
issued its preliminary critical
circumstances determination. Pursuant
to this determination, the Department
determined that critical circumstances
did not exist for imports of subject
merchandise from Arvedi, Marcegaglia,
and ‘‘all-others.’’ 13 Based on Arvedi’s
and Marcegaglia’s final dumping
margins, and further analysis following
the Preliminary Determinations of
Critical Circumstances, we are
modifying our findings for the final
determination and finding critical
circumstances exist for Marcegaglia. For
a complete discussion of this issue, see
the ‘‘Affirmative Finding of Critical
Circumstances, In Part’’ section of the
Issues and Decision Memorandum.
Suspension of Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Protection (‘‘CBP’’) to continue to
suspend liquidation of all appropriate
entries of corrosion-resistant steel from
Italy, as described in Appendix I of this
notice, which were entered, or
withdrawn from warehouse, for
consumption on or after January 8,
2016, the date of publication of the
Final Determination
Preliminary Determination of this
investigation in the Federal Register.
The Department determines that the
However, because prior to this final
final weighted-average dumping
determination provisional measures
margins are as follows:
were not in effect for Marcegaglia, the
Weighted- Department reached a negative critical
average
circumstances determination at the
Exporter/producer
margin
Preliminary Determination, and has
(percent)
reached an affirmative critical
Acciaieria Arvedi S.p.A ...............
12.63 circumstances determination with
Marcegaglia S.p.A ......................
92.12 respect to Marcegaglia for this final
All-Others ....................................
12.63 determination, pursuant to section
735(c)(4)(C) of the Act, the Department
will instruct CBP to suspend liquidation
Disclosure
of all entries of corrosion-resistant steel
We will disclose the calculations
from Italy from Marcegaglia which were
performed to interested parties within
entered, or withdrawn from warehouse,
five days of the public announcement of for consumption on or after 90-days
this final determination in accordance
prior to the date of publication of this
with 19 CFR 351.224(b).
final determination in the Federal
Register, and require a cash deposit for
12 With two respondents, we would normally
such entries as noted above.
calculate (A) a weighted-average of the dumping
Further, CBP shall require a cash
margins calculated for the mandatory respondents;
deposit equal to the estimated amount
(B) a simple average of the dumping margins
by which the normal value exceeds the
calculated for the mandatory respondents; and (C)
a weighted-average of the dumping margins
U.S. price, as follows: (1) The rate for
calculated for the mandatory respondents using
the mandatory respondents listed above
each company’s publicly-ranged values for the
will be the respondent-specific
merchandise under consideration. We would
compare (B) and (C) to (A) and select the rate closest
to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof
From France, Germany, Italy, Japan, and the United
Kingdom: Final Results of Antidumping Duty
Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order
in Part, 75 FR 53661, 53663 (September 1, 2010).
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13 See Antidumping and Countervailing Duty
Investigations of Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of China,
the Republic of Korea, and Taiwan: Preliminary
Determinations of Critical Circumstances, 80 FR
68504 (November 5, 2015) (‘‘Preliminary
Determinations of Critical Circumstances’’).
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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.
Dated: May 24, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
ITC Notification
Appendix I—Scope of the Investigation
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. 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
corrosion-resistant steel from Italy no
later than 45 days after our final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, the
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weighted-average dumping margin
determined in this final determination;
(2) if the exporter is not a firm identified
in this investigation, but the producer
is, the rate will be the rate established
for the producer of the subject
merchandise; and (3) the rate for all
other producers or exporters will be
12.63 percent. The instructions
suspending liquidation will remain in
effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of
the Act and 19 CFR 351.210(d), the
Department will instruct CBP to require
a cash deposit equal to the weightedaverage amount by which the NV
exceeds U.S. price as indicated in the
chart above,14 adjusted where
appropriate for export subsidies.15 The
Department has determined in its
companion countervailing duty
investigation of corrosion-resistant steel
from Italy that subject merchandise
exported by Arvedi and Marcegaglia did
not benefit from export subsidies.16 As
a result, the Department will make no
adjustment to Arvedi’s or Marcegaglia’s
cash deposit rates. The rate for all other
producers or exporters when adjusted
for export subsidies is 12.48 percent.
The products covered by this investigation
are certain flat-rolled steel products, either
clad, plated, or coated with corrosionresistant metals such as zinc, aluminum, or
zinc-, aluminum-, nickel- or iron-based
alloys, whether or not corrugated or painted,
varnished, laminated, or coated with plastics
or other non-metallic substances in addition
to the metallic coating. The products covered
include coils that have a 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
14 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
15 See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, the Department calculates
the adjustment for export subsidies in
investigations not in the margin calculation
program, but in the cash deposit instructions issued
to CBP. 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.
16 See Countervailing Duty Investigation of
Certain Corrosion-Resistant Steel Products from
Italy: Final Affirmative Determination, dated
concurrently with this notice.
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Notification Regarding Administrative
Protective Orders (‘‘APO’’)
This notice serves as a reminder to
parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the 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 violation subject to sanction.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
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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
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 and high strength low alloy
(‘‘HSLA’’) steels. 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.
Furthermore, this scope also includes
Advanced High Strength Steels (‘‘AHSS’’)
and Ultra High Strength Steels (‘‘UHSS’’),
both of which are considered high tensile
strength and high elongation steels.
Subject merchandise also includes
corrosion-resistant 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 in-scope
corrosion resistant 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:
• Flat-rolled steel products either plated or
coated with tin, lead, chromium, chromium
oxides, both tin and lead (‘‘terne plate’’), or
both chromium and chromium oxides (‘‘tin
free steel’’), whether or not painted,
varnished or coated with plastics or other
non-metallic substances in addition to the
metallic coating;
• Clad products in straight lengths of
4.7625 mm or more in composite thickness
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and of a width which exceeds 150 mm and
measures at least twice the thickness; and
• Certain clad stainless flat-rolled
products, which are three-layered corrosionresistant flat-rolled steel products less than
4.75 mm in composite thickness that consist
of a flat-rolled steel product clad on both
sides with stainless steel in a 20%–60%–
20% ratio.
The products subject to the investigation
are currently classified in the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) under item numbers:
7210.30.0030, 7210.30.0060, 7210.41.0000,
7210.49.0030, 7210.49.0091, 7210.49.0095,
7210.61.0000, 7210.69.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090, 7210.90.6000,
7210.90.9000, 7212.20.0000, 7212.30.1030,
7212.30.1090, 7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000, 7212.50.0000,
and 7212.60.0000.
The products subject to the investigation
may also enter under the following HTSUS
item numbers: 7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090,
7225.91.0000, 7225.92.0000, 7225.99.0090,
7226.99.0110, 7226.99.0130, 7226.99.0180,
7228.60.6000, 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.
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Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Changes Since the Preliminary
Determination
V. Application of Total Adverse Facts
Available With Regard to Marcegaglia
VI. Selection of AFA Rate and Corroboration
VII. Affirmative Finding of Critical
Circumstances, In Part
VIII. List of Comments
IX. Discussion of Comments
Comment 1: Application of Total Adverse
Facts Available (‘‘AFA’’) to Marcegaglia
A. Misclassified Export Price (‘‘EP’’) Sales
Comment 2: Corporate Name Change of
Marcegaglia
Comment 3: Application of Adverse Facts
Available (‘‘AFA’’) to Arvedi’s NonPrime Sales
Comment 4: Application of AFA to Arvedi’s
Packing Revenue
Comment 5: Treatment of Arvedi’s Cost of
Manufacturing (‘‘COM’’)
A. Other Operating Costs
B. Net Extraordinary Charges
C. Bad Debt Expenses
D. Offset of Electricity Sales to COM
E. Adjust Variable Manufacturing Cost
Based on Sales Quantities
F. Disallow Insurance Claim as ‘‘Indirect
Damages’’ As An Offset to Fixed
Overhead Costs
Comment 6: Programming Errors in Arvedi’s
Margin Program
A. Net U.S. Price Variable
B. Marine Insurance
VerDate Sep<11>2014
18:30 Jun 01, 2016
Jkt 238001
Comment 7: Revised U.S. Sales Data for
Arvedi
Comment 8: Adjustments to Arvedi’s Cost
Data Based on Verification
[FR Doc. 2016–12969 Filed 6–1–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–864]
Countervailing Duty Investigation of
Certain Corrosion-Resistant Steel
Products From India: Final Affirmative
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 and exporters of
certain corrosion-resistant steel
products (‘‘corrosion-resistant steel’’)
from India as provided in section 705 of
the Tariff Act of 1930, as amended (the
‘‘Act’’). For information on the subsidy
rates, see the ‘‘Final Determination’’
section of this notice. The period of
investigation is January 1, 2014, through
December 31, 2014.
DATES: Effective Date: June 2, 2016.
FOR FURTHER INFORMATION CONTACT:
Andrew Devine, Paul Walker, or
Matthew Renkey, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone 202–
482–0238, 202–482–0413, or 202–482–
2312, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department published the
Preliminary Determination on
November 6, 2015,1 and placed the PostPreliminary Memorandum on the record
of this investigation on March 9, 2016.2
A summary of the events that occurred
since the post-preliminary analysis, as
well verification and a full discussion of
the issues raised by parties for this final
determination, may be found in the
1 See Countervailing Duty Investigation of Certain
Corrosion-Resistant Steel Products from India:
Preliminary Affirmative Determination, 80 FR
68854 (November 6, 2015) (‘‘Preliminary
Determination’’).
2 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, re:
‘‘Post-Preliminary Analysis for the Countervailing
Duty Investigation of Certain Corrosion Resistant
Steel from India,’’ dated March 9, 2016 (‘‘PostPreliminary Memorandum’’).
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
35323
Issues and Decision Memo.3 The Issues
and Decision Memo is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://trade.gov/enforcement.
The signed Issues and Decision Memo
and the electronic versions of the Issues
and Decision Memo are identical in
content.
As explained in the memorandum
from the Acting Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll all administrative deadlines due
to the closure of the Federal
Government. All deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the final
determination is now May 24, 2016.4
Scope of the Investigation
The products covered by this
investigation are corrosion-resistant
steel products from India. For a
complete description of the scope of this
investigation, see Appendix II. The
Department did not receive comments
regarding the scope of this investigation.
Scope Comments
In accordance with the Preliminary
Scope Determination,5 the Department
3 See 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
Corrosion Resistant Steel from India,’’ dated
concurrently with this notice (‘‘Issues and Decision
Memo’’).
4 See Memorandum to the Record from Ron
Lorentzen, Acting Assistant Secretary for
Enforcement & Compliance, regarding ‘‘Tolling of
Administrative Deadlines As a Result of the
Government Closure During Snowstorm Jonas,’’
dated January 27, 2016.
5 See Memorandum to Gary Taverman, Associate
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain
Corrosion-Resistant Steel Products From the
People’s Republic of China, India, Italy, the
Republic of Korea, and Taiwan: Scope Comments
Decision Memorandum for the Preliminary
Determinations,’’ dated December 21, 2015
(‘‘Preliminary Scope Decision Memorandum’’). See
also Memorandum to the File, ‘‘Certain CorrosionResistant Steel Products From the People’s Republic
of China, India, Italy, the Republic of Korea, and
Taiwan: Correction to Preliminary Determination
Scope Memorandum,’’ dated January 29, 2016.
E:\FR\FM\02JNN1.SGM
02JNN1
]]>Agencies
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35320-35323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12969]
[[Page 35320]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-832]
Certain Corrosion-Resistant Steel Products From Italy: Final
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') determines
that certain corrosion-resistant steel products (``corrosion-resistant
steel'') from Italy is being, or is likely to be, sold in the United
States at less than fair value (``LTFV''), as provided in section
735(a) of the Tariff Act of 1930, as amended (``the Act''). The period
of investigation (``POI'') is April 1, 2014, through March 31, 2015.
The final dumping margins of sales at LTFV are listed below in the
``Final Determination'' section of this notice.
DATES: Effective Date: June 2, 2016.
FOR FURTHER INFORMATION CONTACT: Julia Hancock or Susan Pulongbarit,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1394 or (202) 482-4031, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2016, the Department published the Preliminary
Determination of this antidumping duty (``AD'') investigation.\1\ The
following events occurred since the Preliminary Determination was
issued.
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products From Italy:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 81 FR 69 (January 4,
2016) (``Preliminary Determination'').
---------------------------------------------------------------------------
Between January and April 2016, the Department received
supplemental questionnaire responses and revised databases from
Acciaieria Arvedi SPA (``Arvedi'') and Marcegaglia SpA
(``Marcegaglia''), the mandatory respondents in this investigation.
As explained in the memorandum from the Acting Assistant Secretary
for Enforcement and Compliance, the Department has exercised its
discretion to toll all administrative deadlines due to the closure of
the Federal Government. All deadlines in this segment of the proceeding
have been extended by four business days. The revised deadline for the
final determination is now May 24, 2016.\2\
---------------------------------------------------------------------------
\2\ See Memorandum for the Record, from Ron Lorentzen, Acting
Assistant Secretary for Enforcement and Compliance, ``Tolling of
Administrative Deadlines as a Result of the Government Closure
during Snowstorm Jonas,'' dated January 27, 2016.
---------------------------------------------------------------------------
Between April 19, and April 20, 2016, Petitioners \3\ submitted
timely, properly filed case briefs.\4\ Between April 25, and April 28,
2016, Arvedi, and Petitioners submitted timely, properly filed rebuttal
briefs.\5\ Additionally, on April 27, 2016, Marcegaglia submitted a
timely, properly filed case brief.\6\ Moreover, on May 2, 2016,
Marcegaglia submitted a timely, properly filed rebuttal brief.\7\
---------------------------------------------------------------------------
\3\ United States Steel Corporation, Nucor Corporation,
ArcelorMittal USA, AK Steel Corporation, Steel Dynamics, Inc., and
California Steel Industries, Inc., (collectively ``Petitioners'').
\4\ See Letter to the Secretary of Commerce from Petitioners
``Case Brief Submitted on behalf of Petitioners: Brief on Arvedi,''
(April 19, 2016) (``Petitioners' Case Brief on Arvedi''); Letter to
the Secretary of Commerce from Petitioners ``Case Brief Submitted on
Behalf of Petitioners: Brief on Marcegaglia,'' (April 20, 2016)
(``Petitioners' Case Brief on Marcegaglia'').
\5\ See Letter to the Secretary of Commerce from Petitioners
``Rebuttal Brief on Marcegaglia Submitted on behalf of
Petitioners,'' (April 28, 2016) (``Petitioners' Rebuttal Brief on
Marcegaglia''); Letter to the Secretary of Commerce from Arvedi
``Arvedi's Rebuttal Brief,'' (April 25, 2016) (``Arvedi's Rebuttal
Brief''); Letter to the Secretary of Commerce from Marcegaglia,
``Marcegaglia's Rebuttal Brief,'' (April 28, 2016) (``Marcegaglia's
Rebuttal Brief'')..
\6\ See Letter to the Secretary of Commerce from Marcegaglia,
``Revised Case Brief of Marcegaglia,'' (April 27, 2016)
(``Marcegaglia's Revised Case Brief''). We note that this is a
refiled and redacted case brief. See Letter to Marcegaglia from Paul
Walker, Program Manager, Office V, Re: Corrosion-Resistant Steel
Products from Italy: Rejection of New Factual Information, (April
26, 2016); Letter to the Secretary of Commerce from Marcegaglia,
``Corrosion-Resistant Steel Products from Italy: Objection to the
Department's Rejection of Marcegaglia's Case Brief,'' (April 27,
2016).
\7\ See Letter to the Secretary of Commerce from Marcegaglia,
``Revised Rebuttal Brief of Marcegaglia,'' (May 2, 2016)
(``Marcegaglia's Revised Rebuttal Brief''). We note that this is a
refiled and redacted rebuttal brief. See Letter to Marcegaglia from
Paul Walker, Program Manager, Office V, Re: Corrosion-Resistant
Steel Products from Italy: Rejection of New Factual Information in
Rebuttal Brief, (April 29, 2016).
---------------------------------------------------------------------------
Additionally, on May 3, 2016, the Department held a public hearing
on this antidumping duty investigation.
Scope of the Investigation
The product covered by this investigation is corrosion-resistant
steel from Italy. For a complete description of the scope of this
investigation, see the ``Scope of the Investigation,'' in Appendix II
of this notice.
Scope Comments
In accordance with the Preliminary Scope Determination,\8\ the
Department set aside a period of time for parties to address scope
issues in case briefs or other written comments on scope issues.
---------------------------------------------------------------------------
\8\ See Memorandum to Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Certain Corrosion-Resistant Steel Products From the People's
Republic of China, India, Italy, the Republic of Korea, and Taiwan:
Scope Comments Decision Memorandum for the Preliminary
Determinations,'' dated December 21, 2015 (``Preliminary Scope
Decision Memorandum''). See also Memorandum to the File, ``Certain
Corrosion-Resistant Steel Products From the People's Republic of
China, India, Italy, the Republic of Korea, and Taiwan: Correction
to Preliminary Determination Scope Memorandum,'' dated January 29,
2016.
---------------------------------------------------------------------------
For a summary of the product coverage comments and rebuttal
responses submitted to the record of this final determination, and
accompanying discussion and analysis of all comments timely received,
see the Final Scope Decision Memorandum.\9\ The Final Scope Decision
Memorandum is incorporated by, and hereby adopted by, this notice.
---------------------------------------------------------------------------
\9\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Scope Comments Decision Memorandum for the Final Determinations,''
dated concurrently with this notice.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum
accompanying this notice, which is hereby adopted by this notice.\10\ A
list of the issues raised is attached to this notice as Appendix II.
The Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (``ACCESS'').
ACCESS is available to registered users at https://access.trade.gov and
it is available to all parties in the Central Records Unit, Room B-8024
of the main Department of Commerce building. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and
[[Page 35321]]
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\10\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations
``Issues and Decision Memorandum for the Final Determination of the
Antidumping Duty Investigation of Certain Corrosion-Resistant Steel
Products from Italy'' (May 24, 2016) (``Issues and Decision
Memorandum'').
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, between January and March
2016, the Department verified the sales and cost data reported by
Arvedi and Marcegaglia. We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by Arvedi and Marcegaglia.\11\
---------------------------------------------------------------------------
\11\ See Memorandum to the File, through Paul Walker, Program
Manager, Office V, from Julia Hancock and Susan Pulongbarit, Senior
International Trade Analysts, and Omar Qureshi, International Trade
Analyst, ``Verification of Home Market Sales of Arvedi in the
Antidumping Duty Investigation of Certain Corrosion-Resistant Steel
Products from Italy,'' (March 29, 2016); Memorandum to the File,
through Paul Walker, Program Manager, Office V, from Susan
Pulongbarit and Julia Hancock, Senior International Trade Analysts,
and Omar Qureshi, International Trade Analyst, ``Verification of
Home Market Sales of Marcegaglia in the Antidumping Duty
Investigation of Certain Corrosion-Resistant Steel Products from
Italy,'' (April 8, 2016); Memorandum to the File, through Paul
Walker, Program Manager, Office V, from Susan Pulongbarit and Julia
Hancock, Senior International Trade Analysts, ``Verification of U.S.
Sales of Marcegaglia in the Antidumping Duty Investigation of
Certain Corrosion-Resistant Steel Products from Italy,'' (April 7,
2016); Memorandum to the File, through Neal Halper, Director, Office
of Accounting, from Christopher Zimpo and James Balog, Accountants,
'' Verification of the Cost of Production and Constructed Value Data
Submitted by Arvedi in the Antidumping Duty Investigation of Certain
Corrosion-Resistant Steel Products from Italy'' (April 7, 2016);
Memorandum to the File, through Neal Halper, Director, Office of
Accounting, from James Balog, Accountant, ``Verification of the Cost
of Production and Constructed Value Data Submitted by Marcegaglia in
the Antidumping Duty Investigation of Certain Corrosion-Resistant
Steel Products from Italy'' (April 12, 2016); Memorandum to the
File, through Neal Halper, Director, Office of Accounting, from
James Balog, Accountant, ``Verification of the Cost of Production
and Constructed Value Data Submitted by Marcegaglia in the
Antidumping Duty Investigation of Certain Corrosion-Resistant Steel
Products from Italy'' (April 12, 2016) ; Memorandum to the File,
through Neal Halper, Director, Office of Accounting, from James
Balog, Accountant, ``Verification of the Further Manufacturing Data
Submitted by Marcegaglia in the Antidumping Duty Investigation of
Certain Corrosion-Resistant Steel Products from Italy'' (April 12,
2016).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination and Use of Adverse Facts
Available
Based on our analysis of the comments received and our findings at
verification, we revised the margin for Marcegaglia to reflect the
application of facts available with an adverse inference, pursuant to
sections 776(a)(2)(A)-(D) and 776(b) of the the Act. Additionally, we
made certain changes to the margin calculation for Arvedi and applied
partial facts available with an adverse inference to Arvedi for its
non-prime sales in the home market and affiliated prime sales in the
home market, pursuant to sections 776(a)(2)(A)-(D) and 776(b) of the
Act. We have also revised the all-others rate. For a discussion of
these changes, see the ``Margin Calculations'' section and Comments 1-
11 of the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``all-
others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero or de
minimis margins, and any margins determined entirely under section 776
of the Act. Because Arvedi is the only respondent in this investigation
for which the Department calculated a company-specific rate which is
not zero, de minimis or based entirely on facts available, pursuant to
section 735(c)(5)(A) of the Act, we are using the weighted-average
dumping margin calculated for Arvedi as the estimated weighted-average
dumping margin assigned to all other producers and exporters of the
merchandise under consideration.\12\
---------------------------------------------------------------------------
\12\ With two respondents, we would normally calculate (A) a
weighted-average of the dumping margins calculated for the mandatory
respondents; (B) a simple average of the dumping margins calculated
for the mandatory respondents; and (C) a weighted-average of the
dumping margins calculated for the mandatory respondents using each
company's publicly-ranged values for the merchandise under
consideration. We would compare (B) and (C) to (A) and select the
rate closest to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010).
---------------------------------------------------------------------------
Final Determination
The Department determines that the final weighted-average dumping
margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Acciaieria Arvedi S.p.A..................................... 12.63
Marcegaglia S.p.A........................................... 92.12
All-Others.................................................. 12.63
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed to interested parties
within five days of the public announcement of this final determination
in accordance with 19 CFR 351.224(b).
Final Affirmative Determination of Critical Circumstances, in Part
On November 5, 2015, the Department issued its preliminary critical
circumstances determination. Pursuant to this determination, the
Department determined that critical circumstances did not exist for
imports of subject merchandise from Arvedi, Marcegaglia, and ``all-
others.'' \13\ Based on Arvedi's and Marcegaglia's final dumping
margins, and further analysis following the Preliminary Determinations
of Critical Circumstances, we are modifying our findings for the final
determination and finding critical circumstances exist for Marcegaglia.
For a complete discussion of this issue, see the ``Affirmative Finding
of Critical Circumstances, In Part'' section of the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\13\ See Antidumping and Countervailing Duty Investigations of
Corrosion-Resistant Steel Products from India, Italy, the People's
Republic of China, the Republic of Korea, and Taiwan: Preliminary
Determinations of Critical Circumstances, 80 FR 68504 (November 5,
2015) (``Preliminary Determinations of Critical Circumstances'').
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border Protection (``CBP'') to continue
to suspend liquidation of all appropriate entries of corrosion-
resistant steel from Italy, as described in Appendix I of this notice,
which were entered, or withdrawn from warehouse, for consumption on or
after January 8, 2016, the date of publication of the Preliminary
Determination of this investigation in the Federal Register. However,
because prior to this final determination provisional measures were not
in effect for Marcegaglia, the Department reached a negative critical
circumstances determination at the Preliminary Determination, and has
reached an affirmative critical circumstances determination with
respect to Marcegaglia for this final determination, pursuant to
section 735(c)(4)(C) of the Act, the Department will instruct CBP to
suspend liquidation of all entries of corrosion-resistant steel from
Italy from Marcegaglia which were entered, or withdrawn from warehouse,
for consumption on or after 90-days prior to the date of publication of
this final determination in the Federal Register, and require a cash
deposit for such entries as noted above.
Further, CBP shall require a cash deposit equal to the estimated
amount by which the normal value exceeds the U.S. price, as follows:
(1) The rate for the mandatory respondents listed above will be the
respondent-specific
[[Page 35322]]
weighted-average dumping margin determined in this final determination;
(2) if the exporter is not a firm identified in this investigation, but
the producer is, the rate will be the rate established for the producer
of the subject merchandise; and (3) the rate for all other producers or
exporters will be 12.63 percent. The instructions suspending
liquidation will remain in effect until further notice.
Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR
351.210(d), the Department will instruct CBP to require a cash deposit
equal to the weighted-average amount by which the NV exceeds U.S. price
as indicated in the chart above,\14\ adjusted where appropriate for
export subsidies.\15\ The Department has determined in its companion
countervailing duty investigation of corrosion-resistant steel from
Italy that subject merchandise exported by Arvedi and Marcegaglia did
not benefit from export subsidies.\16\ As a result, the Department will
make no adjustment to Arvedi's or Marcegaglia's cash deposit rates. The
rate for all other producers or exporters when adjusted for export
subsidies is 12.48 percent.
---------------------------------------------------------------------------
\14\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
\15\ See section 772(c)(1)(C) of the Act. Unlike in
administrative reviews, the Department calculates the adjustment for
export subsidies in investigations not in the margin calculation
program, but in the cash deposit instructions issued to CBP. 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.
\16\ See Countervailing Duty Investigation of Certain Corrosion-
Resistant Steel Products from Italy: Final Affirmative
Determination, dated concurrently with this notice.
---------------------------------------------------------------------------
ITC Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. 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 corrosion-resistant steel from Italy no later than
45 days after our final determination. If the ITC determines that
material injury or threat of material injury does not exist, the
proceeding will be terminated and all cash deposits will be refunded.
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 (``APO'')
This notice serves as a reminder to parties subject to APO of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
notification of the 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 violation
subject to sanction.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: May 24, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are certain flat-
rolled steel products, either clad, plated, or coated with
corrosion-resistant metals such as zinc, aluminum, or zinc-,
aluminum-, nickel- or iron-based alloys, whether or not corrugated
or painted, varnished, laminated, or coated with plastics or other
non-metallic substances in addition to the metallic coating. The
products covered include coils that have a 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 and high strength low alloy (``HSLA'') steels.
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.
Furthermore, this scope also includes Advanced High Strength
Steels (``AHSS'') and Ultra High Strength Steels (``UHSS''), both of
which are considered high tensile strength and high elongation
steels.
Subject merchandise also includes corrosion-resistant 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 in-
scope corrosion resistant 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:
Flat-rolled steel products either plated or coated with
tin, lead, chromium, chromium oxides, both tin and lead (``terne
plate''), or both chromium and chromium oxides (``tin free steel''),
whether or not painted, varnished or coated with plastics or other
non-metallic substances in addition to the metallic coating;
Clad products in straight lengths of 4.7625 mm or more
in composite thickness
[[Page 35323]]
and of a width which exceeds 150 mm and measures at least twice the
thickness; and
Certain clad stainless flat-rolled products, which are
three-layered corrosion-resistant flat-rolled steel products less
than 4.75 mm in composite thickness that consist of a flat-rolled
steel product clad on both sides with stainless steel in a 20%-60%-
20% ratio.
The products subject to the investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(``HTSUS'') under item numbers: 7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030, 7210.49.0091, 7210.49.0095,
7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000, 7212.50.0000, and 7212.60.0000.
The products subject to the investigation may also enter under
the following HTSUS item numbers: 7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530,
7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.91.0000, 7225.92.0000, 7225.99.0090,
7226.99.0110, 7226.99.0130, 7226.99.0180, 7228.60.6000,
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.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Changes Since the Preliminary Determination
V. Application of Total Adverse Facts Available With Regard to
Marcegaglia
VI. Selection of AFA Rate and Corroboration
VII. Affirmative Finding of Critical Circumstances, In Part
VIII. List of Comments
IX. Discussion of Comments
Comment 1: Application of Total Adverse Facts Available (``AFA'') to
Marcegaglia
A. Misclassified Export Price (``EP'') Sales
Comment 2: Corporate Name Change of Marcegaglia
Comment 3: Application of Adverse Facts Available (``AFA'') to
Arvedi's Non-Prime Sales
Comment 4: Application of AFA to Arvedi's Packing Revenue
Comment 5: Treatment of Arvedi's Cost of Manufacturing (``COM'')
A. Other Operating Costs
B. Net Extraordinary Charges
C. Bad Debt Expenses
D. Offset of Electricity Sales to COM
E. Adjust Variable Manufacturing Cost Based on Sales Quantities
F. Disallow Insurance Claim as ``Indirect Damages'' As An Offset
to Fixed Overhead Costs
Comment 6: Programming Errors in Arvedi's Margin Program
A. Net U.S. Price Variable
B. Marine Insurance
Comment 7: Revised U.S. Sales Data for Arvedi
Comment 8: Adjustments to Arvedi's Cost Data Based on Verification
[FR Doc. 2016-12969 Filed 6-1-16; 8:45 am]
BILLING CODE 3510-DS-P
