Countervailing Duty Investigation of Certain Corrosion-Resistant Steel Products From Taiwan: Final Negative Countervailing Duty Determination, 35299-35301 [2016-12977]
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35299
Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[C–583–857]
Countervailing Duty Investigation of
Certain Corrosion-Resistant Steel
Products From Taiwan: Final Negative
Countervailing Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
countervailable subsidies are not being
provided to producers and exporters of
certain corrosion-resistant steel
products (corrosion-resistant steel) from
Taiwan.
DATES: Effective Date: June 2, 2016.
FOR FURTHER INFORMATION CONTACT: Joy
Zhang or Cindy Robinson, Office III,
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1168 and (202)
482–3797, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Petitioners in this investigation
are the United States Steel Corporation,
Nucor Corporation, Steel Dynamics Inc.,
California Steel Industries,
ArcelorMittal USA LLC, and AK Steel
Corporation. This investigation covers
26 alleged government subsidy
programs. The mandatory respondents
in this investigation are (1) Prosperity
Tieh Enterprise Co., Ltd. (PT), and its
crossed-own affiliates: Hong-Ye Steel
Co., Ltd. (HY), Prosperity Did Enterprise
Co., Ltd. (PD), and Chan Lin Enterprise
Co., Ltd. (CL) (collectively the
Prosperity Companies) and (2) Yieh
Phui Enterprise Co., Ltd. (Yieh Phui),
and its crossed-own affiliates: Yieh
Corporation Limited (YCL); Shin Yang
Steel Co., Ltd. (Shin Yang); and Synn
Industrial Co., Ltd (Synn) (collectively
the Yieh Phui Companies).
On November 6, 2015, the Department
published its Preliminary
Determination.1 For a description of the
events that have occurred since the
Preliminary Determination, see the
Issues and Decision Memorandum. 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 to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov.
The signed and electronic versions of
the Issues and Decision Memorandum
are identical in content.
Period of Investigation
The period of investigation for which
we are measuring subsidies is January 1,
2014, through December 31, 2014.
Scope Comments
In accordance with the Preliminary
Scope Determination,2 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 on the record of
this final determination, and
accompanying discussion and analysis
of all comments timely received, see the
Final Scope Decision Memorandum.3
Scope of the Investigation
The products covered by this
investigation are corrosion-resistant
steel products from Taiwan. For a
complete description of the scope of the
investigation, see Appendix II.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs submitted by
parties in this investigation are
addressed in the Issues and Decision
Memorandum, dated concurrently with
this notice.4 A list of subsidy programs
and the issues that parties raised, and to
which we responded in the Decision
Memorandum, is attached to this notice
as Appendix I.
We determine the total estimated net
countervailable subsidy rates to be:
Producer/Exporter
Subsidy rate
Prosperity Tieh Enterprise Co., Ltd. (PT); Hong-Ye Steel Co., Ltd. (HY); Prosperity Did Enterprise Co., Ltd. (PD);
and Chan Lin Enterprise Co., Ltd. (CL) (collectively Prosperity Companies).
Yieh Phui Enterprise Co., Ltd. (Yieh Phui); Yieh Corporation Limited (YCL); Shin Yang Steel Co., Ltd. (Shin Yang);
and Synn Industrial Co., Ltd (Synn) (collectively Yieh Phui Companies).
0.00 percent ad valorem.
0.00 percent ad valorem.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Because the total estimated net
countervailable subsidy rates are zero,
we determine that countervailable
subsidies are not being provided to
producers or exporters of corrosionresistant steel from Taiwan. We have
not calculated an all-others rate
pursuant to sections 705(c)(1)(B) and
(c)(5) of the Tariff Act of 1930, as
amended (the Act) because we have not
reached an affirmative final
determination. Because our final
determination is negative, this
proceeding is terminated in accordance
with section 705(c)(2) of the Act.
In the Preliminary Determination, the
total net countervailable subsidy rates
for the individually examined
respondents were zero and, therefore,
we did not suspend liquidation of
entries of corrosion-resistant steel from
Taiwan.5 Because the estimated subsidy
rates for both examined companies are
zero in this final determination, we are
not directing U.S. Customs and Border
Protection to suspend liquidation of
entries of corrosion-resistant steel from
Taiwan.
1 See Countervailing Duty Investigation of Certain
Corrosion-Resistant Steel Products from Taiwan:
Preliminary Negative Countervailing Duty
Determination, 80 FR 68852 (November 6, 2015)
(Preliminary Determination).
2 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.
3 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.
4 See Issue and Decision Memorandum.
5 See Preliminary Determination, 80 FR 68852.
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Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
United States International Trade
Commission (USITC) Notification
In accordance with section 705(d) of
the Act, we will notify the USITC of our
final determination. Because our final
determination is negative, this
investigation is terminated.
Return or Destruction of Proprietary
Information
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation that is subject to
sanction.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act.
Dated: May 24, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Appendix I
I. Summary
II. Background
A. Case History
B. Period of Investigation
III. Scope Comments
IV. Scope of the Investigation
V. Final Determination of Critical
Circumstances
VI. Subsidies Valuation
A. Allocation Period
B. Attribution of Subsidies
C. Denominators
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
A. Programs Determined To Be Not
Countervailable
1. Provision of Cold-Rolled Steel and HotRolled Steel for Less Than Adequate
Remuneration (LTAR)
2. Tariff Exemption for Imported
Equipment Program
3. Income Tax Credit for Upgraded
Equipment
B. Programs Determined Not To Confer a
Benefit During the POI
1. Loan Financing by the National
Development Fund (NDF)
2. Provision of Land for LTAR for Eligible
Firms Located in the Pingtung Industrial
Park—a New Subsidy Allegation
C. Programs Determined To Be Not Used
IX. Analysis of Comments
Comment 1: Whether CSC Is a Government
Authority Capable of Providing a
Financial Contribution
Comment 2: Whether the Department Should
Use A ‘‘Tier Two’’ Benchmark To
Measure the Benefit for Cold-Rolled
Steel and Hot-Rolled Steel
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18:30 Jun 01, 2016
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Comment 3: Whether the Department Should
Further Investigate and Collect the
Information Requested by AK Steel
X. Conclusion
Appendix II—Scope of the Investigation
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
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
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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
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,
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Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
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.
[FR Doc. 2016–12977 Filed 6–1–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202)
482–4735.
AGENCY:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
may request, in accordance with 19 CFR
351.213, that the Department of
Commerce (‘‘the Department’’) conduct
an administrative review of that
antidumping or countervailing duty
order, finding, or suspended
investigation.
All deadlines for the submission of
comments or actions by the Department
discussed below refer to the number of
calendar days from the applicable
starting date.
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, the
Department intends to select
respondents based on U.S. Customs and
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Border Protection (‘‘CBP’’) data for U.S.
imports during the period of review. We
intend to release the CBP data under
Administrative Protective Order
(‘‘APO’’) to all parties having an APO
within five days of publication of the
initiation notice and to make our
decision regarding respondent selection
within 21 days of publication of the
initiation Federal Register notice.
Therefore, we encourage all parties
interested in commenting on respondent
selection to submit their APO
applications on the date of publication
of the initiation notice, or as soon
thereafter as possible. The Department
invites comments regarding the CBP
data and respondent selection within
five days of placement of the CBP data
on the record of the review.
In the event the Department decides
it is necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act:
In general, the Department finds that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (i.e., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
require follow-up questions and
analysis. Accordingly, the Department
will not conduct collapsing analyses at
the respondent selection phase of this
review and will not collapse companies
at the respondent selection phase unless
there has been a determination to
collapse certain companies in a
previous segment of this antidumping
proceeding (i.e., investigation,
administrative review, new shipper
review or changed circumstances
review). For any company subject to this
review, if the Department determined,
or continued to treat, that company as
collapsed with others, the Department
will assume that such companies
continue to operate in the same manner
and will collapse them for respondent
selection purposes. Otherwise, the
Department will not collapse companies
for purposes of respondent selection.
Parties are requested to (a) identify
which companies subject to review
previously were collapsed, and (b)
provide a citation to the proceeding in
which they were collapsed. Further, if
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35301
companies are requested to complete
the Quantity and Value Questionnaire
for purposes of respondent selection, in
general each company must report
volume and value data separately for
itself. Parties should not include data
for any other party, even if they believe
they should be treated as a single entity
with that other party. If a company was
collapsed with another company or
companies in the most recently
completed segment of this proceeding
where the Department considered
collapsing that entity, complete quantity
and value data for that collapsed entity
must be submitted.
Deadline for Withdrawal of Request for
Administrative Review
Pursuant to 19 CFR 351.213(d)(1), a
party that requests a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review. The
regulation provides that the Department
may extend this time if it is reasonable
to do so. In order to provide parties
additional certainty with respect to
when the Department will exercise its
discretion to extend this 90-day
deadline, interested parties are advised
that, with regard to reviews requested
on the basis of anniversary months on
or after June 2016, the Department does
not intend to extend the 90-day
deadline unless the requestor
demonstrates that an extraordinary
circumstance prevented it from
submitting a timely withdrawal request.
Determinations by the Department to
extend the 90-day deadline will be
made on a case-by-case basis.
The Department is providing this
notice on its Web site, as well as in its
‘‘Opportunity to Request Administrative
Review’’ notices, so that interested
parties will be aware of the manner in
which the Department intends to
exercise its discretion in the future.
Opportunity to Request a Review: Not
later than the last day of June 2016,1
interested parties may request
administrative review of the following
orders, findings, or suspended
investigations, with anniversary dates in
June for the following periods:
1 Or the next business day, if the deadline falls
on a weekend, federal holiday or any other day
when the Department is closed.
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Agencies
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35299-35301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12977]
[[Page 35299]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-583-857]
Countervailing Duty Investigation of Certain Corrosion-Resistant
Steel Products From Taiwan: Final Negative Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
countervailable subsidies are not being provided to producers and
exporters of certain corrosion-resistant steel products (corrosion-
resistant steel) from Taiwan.
DATES: Effective Date: June 2, 2016.
FOR FURTHER INFORMATION CONTACT: Joy Zhang or Cindy Robinson, Office
III, AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1168 and (202) 482-3797, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Petitioners in this investigation are the United States Steel
Corporation, Nucor Corporation, Steel Dynamics Inc., California Steel
Industries, ArcelorMittal USA LLC, and AK Steel Corporation. This
investigation covers 26 alleged government subsidy programs. The
mandatory respondents in this investigation are (1) Prosperity Tieh
Enterprise Co., Ltd. (PT), and its crossed-own affiliates: Hong-Ye
Steel Co., Ltd. (HY), Prosperity Did Enterprise Co., Ltd. (PD), and
Chan Lin Enterprise Co., Ltd. (CL) (collectively the Prosperity
Companies) and (2) Yieh Phui Enterprise Co., Ltd. (Yieh Phui), and its
crossed-own affiliates: Yieh Corporation Limited (YCL); Shin Yang Steel
Co., Ltd. (Shin Yang); and Synn Industrial Co., Ltd (Synn)
(collectively the Yieh Phui Companies).
On November 6, 2015, the Department published its Preliminary
Determination.\1\ For a description of the events that have occurred
since the Preliminary Determination, see the Issues and Decision
Memorandum. 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
to all parties in the Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov. The signed and electronic versions of the Issues
and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Countervailing Duty Investigation of Certain Corrosion-
Resistant Steel Products from Taiwan: Preliminary Negative
Countervailing Duty Determination, 80 FR 68852 (November 6, 2015)
(Preliminary Determination).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation for which we are measuring subsidies is
January 1, 2014, through December 31, 2014.
Scope Comments
In accordance with the Preliminary Scope Determination,\2\ the
Department set aside a period of time for parties to address scope
issues in case briefs or other written comments on scope issues.
---------------------------------------------------------------------------
\2\ 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.
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For a summary of the product coverage comments and rebuttal
responses submitted on the record of this final determination, and
accompanying discussion and analysis of all comments timely received,
see the Final Scope Decision Memorandum.\3\
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are corrosion-resistant
steel products from Taiwan. For a complete description of the scope of
the investigation, see Appendix II.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs submitted by parties in this investigation
are addressed in the Issues and Decision Memorandum, dated concurrently
with this notice.\4\ A list of subsidy programs and the issues that
parties raised, and to which we responded in the Decision Memorandum,
is attached to this notice as Appendix I.
---------------------------------------------------------------------------
\4\ See Issue and Decision Memorandum.
---------------------------------------------------------------------------
We determine the total estimated net countervailable subsidy rates
to be:
----------------------------------------------------------------------------------------------------------------
Producer/Exporter Subsidy rate
----------------------------------------------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd. (PT); Hong-Ye Steel 0.00 percent ad valorem.
Co., Ltd. (HY); Prosperity Did Enterprise Co., Ltd. (PD);
and Chan Lin Enterprise Co., Ltd. (CL) (collectively
Prosperity Companies).
Yieh Phui Enterprise Co., Ltd. (Yieh Phui); Yieh 0.00 percent ad valorem.
Corporation Limited (YCL); Shin Yang Steel Co., Ltd. (Shin
Yang); and Synn Industrial Co., Ltd (Synn) (collectively
Yieh Phui Companies).
----------------------------------------------------------------------------------------------------------------
Because the total estimated net countervailable subsidy rates are
zero, we determine that countervailable subsidies are not being
provided to producers or exporters of corrosion-resistant steel from
Taiwan. We have not calculated an all-others rate pursuant to sections
705(c)(1)(B) and (c)(5) of the Tariff Act of 1930, as amended (the Act)
because we have not reached an affirmative final determination. Because
our final determination is negative, this proceeding is terminated in
accordance with section 705(c)(2) of the Act.
In the Preliminary Determination, the total net countervailable
subsidy rates for the individually examined respondents were zero and,
therefore, we did not suspend liquidation of entries of corrosion-
resistant steel from Taiwan.\5\ Because the estimated subsidy rates for
both examined companies are zero in this final determination, we are
not directing U.S. Customs and Border Protection to suspend liquidation
of entries of corrosion-resistant steel from Taiwan.
---------------------------------------------------------------------------
\5\ See Preliminary Determination, 80 FR 68852.
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[[Page 35300]]
United States International Trade Commission (USITC) Notification
In accordance with section 705(d) of the Act, we will notify the
USITC of our final determination. Because our final determination is
negative, this investigation is terminated.
Return or Destruction of Proprietary Information
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a violation that is subject
to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act.
Dated: May 24, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
I. Summary
II. Background
A. Case History
B. Period of Investigation
III. Scope Comments
IV. Scope of the Investigation
V. Final Determination of Critical Circumstances
VI. Subsidies Valuation
A. Allocation Period
B. Attribution of Subsidies
C. Denominators
VII. Benchmarks and Interest Rates
VIII. Analysis of Programs
A. Programs Determined To Be Not Countervailable
1. Provision of Cold-Rolled Steel and Hot-Rolled Steel for Less
Than Adequate Remuneration (LTAR)
2. Tariff Exemption for Imported Equipment Program
3. Income Tax Credit for Upgraded Equipment
B. Programs Determined Not To Confer a Benefit During the POI
1. Loan Financing by the National Development Fund (NDF)
2. Provision of Land for LTAR for Eligible Firms Located in the
Pingtung Industrial Park--a New Subsidy Allegation
C. Programs Determined To Be Not Used
IX. Analysis of Comments
Comment 1: Whether CSC Is a Government Authority Capable of
Providing a Financial Contribution
Comment 2: Whether the Department Should Use A ``Tier Two''
Benchmark To Measure the Benefit for Cold-Rolled Steel and Hot-
Rolled Steel
Comment 3: Whether the Department Should Further Investigate and
Collect the Information Requested by AK Steel
X. Conclusion
Appendix II--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 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,
[[Page 35301]]
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.
[FR Doc. 2016-12977 Filed 6-1-16; 8:45 am]
BILLING CODE 3510-DS-P