Certain Corrosion-Resistant Steel Products From India: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 35329-35332 [2016-12986]
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
• 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 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
VerDate Sep<11>2014
18:30 Jun 01, 2016
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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.
[FR Doc. 2016–12971 Filed 6–1–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–863]
Certain Corrosion-Resistant Steel
Products From India: Final
Determination of Sales at Less Than
Fair Value and Final Negative
Determination of Critical
Circumstances
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 India 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.
AGENCY:
DATES:
Effective Date: June 2, 2016.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta or Ryan Mullen, 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) 482–2593 or (202) 482–
5260, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2016, the Department
published the Preliminary
Determination of this antidumping duty
(‘‘AD’’) investigation.1 The following
1 See Certain Corrosion-Resistant Steel Products
from India: Affirmative Preliminary Determination
of Sales at Less Than Fair Value and Postponement
of Final Determination, 81 FR 63 (January 4, 2016)
(‘‘Preliminary Determination’’).
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35329
events occurred since the Preliminary
Determination was issued.
In April 2016, the Department
received revised databases from JSW 2
and Uttam Galva Steels Ltd. (‘‘Uttam
Galva’’), the mandatory respondents in
this investigation.
Additionally, in April 2016,
Petitioners,3 JSW, and Uttam Galva
submitted case briefs 4 and rebuttal
briefs.5 A hearing was held on May 4,
2016.
Also, as explained in the
memorandum from the Acting Assistant
Secretary for Enforcement and
Compliance, the Department exercised
its authority to toll all administrative
deadlines due to the recent closure of
the Federal Government.6 As a
consequence, all deadlines in this
segment of the proceeding have been
extended by four business days. The
revised deadline for the final results is
now May 24, 2016.
Scope of the Investigation
The product covered by this
investigation is corrosion-resistant steel
from the India. For a complete
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix I of this
notice.
Scope Comments
In accordance with the Preliminary
Scope Determination,7 the Department
2 We refer to JSW Steel Ltd. (‘‘JSWSL’’) and its
wholly-owned affiliate JSW Steel Coated Products
Limited (‘‘JSCPL’’) collectively as ‘‘JSW.’’
3 Petitioners are United States Steel Corporation,
Nucor Corporation, ArcelorMittal USA, AK Steel
Corporation, Steel Dynamics, Inc., and California
Steel Industries, Inc.
4 See Letter to the Secretary of Commerce from
Petitioners, ‘‘Case Brief of Petitioners’’ (April 18,
2016); Letter to the Secretary of Commerce from
JSW, ‘‘JSW’s Resubmitted Case Brief’’ (April 21,
2016); and Letter to the Secretary of Commerce from
Uttam Galva, ‘‘Uttam Galva Steels Limited’s Case
Brief’’ (April 19, 2016).
5 See Letter to the Secretary of Commerce from
Petitioners, ‘‘Petitioners’ Rebuttal Brief’’ (April 25,
2016); Letter to the Secretary of Commerce from
JSW, ‘‘JSW’s Rebuttal Brief’’ (April 25, 2016); and
Letter to the Secretary of Commerce from Uttam
Galva, ‘‘Uttam Galva Steels Limited’s Rebuttal
Brief’’ (April 25, 2016) .
6 See Memorandum to the File from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, ‘‘Tolling of Administrative Deadlines
As a Result of the Government Closure During
Snowstorm Jonas’’ dated January 27, 2016.
7 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
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Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
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.8 The Final
Scope Decision Memorandum is
incorporated by, and hereby adopted by,
this notice.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for JSW and
Uttam Galva. For a discussion of these
changes, see the ‘‘Margin Calculations’’
and ‘‘Comparisons to Fair Value’’
sections of the Issues and Decision
Memorandum. We have also revised the
all-others rate.
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, which is
hereby adopted by this notice.9 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
Decision Memorandum are identical in
content.
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
margins determined entirely under
section 776 of the Act. Therefore, we
calculated the all-others rate based on a
weighted average of the dumping
margins calculated for the mandatory
respondents using each company’s
publicly-ranged values for the
merchandise under consideration.11
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Verification
As provided in section 782(i) of the
Act, in January, February, and March
2016, the Department verified the sales
and cost data reported by the mandatory
respondents, pursuant to section 782(i)
of the Act. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by Respondents.10
of China, India, Italy, the Republic of Korea, and
Taiwan: Correction to Preliminary Determination
Scope Memorandum,’’ dated January 29, 2016.
8 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.
9 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 India’’ (May 24, 2016) (‘‘Issues and
Decision Memorandum’’).
10 See Memorandum to the File, through Neal
Halper, Office Director, and Peter Scholl, Lead
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Accountant, from Ji Young Oh, Senior Accountant,
‘‘Verification of the Cost Response of JSW Steel
Limited and JSW Steel Coated Products Limited in
the Antidumping Duty Investigation of Certain
Corrosion-Resistant Steel Flat Products from India’’
(April 7, 2016); Memorandum to the File, through
Neal Halper, Office Director, and Peter Scholl, Lead
Accountant, from Alma Sepulveda, Senior
Accountant, and Laurens van Houten, Senior
Accountant, ‘‘Verification of the Cost Response of
Uttam Galva Steels Limited in the Antidumping
Duty Investigation of Certain Corrosion-Resistant
Steel Flat Products from India’’ (March 23, 2016);
Memorandum to the File, through Catherine
Bertrand, Program Manager, Office V, from Kabir
Archuletta, Senior International Trade Analyst,
Ryan Mullen, International Trade Analyst, and
Jessica Weeks, International Trade Analyst,
‘‘Verification of JSW Steel Ltd. and JSW Coated
Steel Products in the Antidumping Duty
Investigation of Certain Corrosion-Resistant Steel
from India’’ (April 7, 2016); Memorandum to the
File, through Catherine Bertrand, Program Manager,
Office V, from Ryan Mullen, International Trade
Analyst, ‘‘Verification of Home Market and U.S.
Sales of Uttam Galva Steels Limited in the
Antidumping Duty Investigation of Certain
Corrosion-Resistant Steel Products from India’’
(April 7, 2016); and Memorandum to the File,
through Catherine Bertrand, Program Manager,
Office V, from Ryan Mullen, International Trade
Analyst, ‘‘Verification of U.S. Sales of Uttam Galva
North America in the Antidumping Duty
Investigation of Certain Corrosion-Resistant Steel
Products from India’’ (April 7, 2016).
11 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
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Final Determination
The Department determines that the
final weighted-average dumping
margins are as follows:
Exporter/producer
JSW: 12 .......................................
JSW Steel Ltd
JSW Coated Products Limited
Uttam Galva: 13 ...........................
Uttam Galva Steels Limited
Uttam Value Steels Limited
Atlantis International Services Company Ltd
Uttam Galva Steels, Netherlands, B.V
Uttam Galva Steels (BVI)
Limited
All-Others ....................................
Weightedaverage
margin
(percent)
4.44
3.05
3.86
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 Negative Determination of
Critical Circumstances
On October 29, 2015, the Department
found that critical circumstances do not
exist for imports exported by JSW,
Uttam Galva, and ‘‘all others.’’ 14 Based
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).
12 We find JSWSL and its wholly-owned affiliated
JSCPL, (collectively ‘‘JSW’’) are affiliated and have
met the criteria to be collapsed. See Memorandum
to the File, through Catherine Bertrand, Program
Manager, Enforcement and Compliance, Office V,
from Kabir Archuletta, Senior International Trade
Analyst, Enforcement and Compliance, Office V,
‘‘Antidumping Duty Investigation of Certain
Corrosion Resistant Steel Products from India: JSW
Affiliation and Collapsing Memorandum,’’ dated
concurrently with this determination. Therefore, we
will assign one rate to these companies.
13 We find Uttam Galva to be affiliated with these
companies and that they have met the criteria to be
treated as a single entity. For further discussion of
this issue, which includes business proprietary
information, see Memorandum to James C. Doyle,
Director, Office V, through Catherine Bertrand,
Program Manager, Office V, from Ryan Mullen,
International Trade Analyst, Office V,
‘‘Antidumping Duty Investigation of Certain
Corrosion Resistant Steel Products from India:
Uttam Galva Affiliation and Single Entity
Memorandum,’’ dated concurrently with this
determination. Therefore, we will assign one rate to
these companies.
14 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
Determination of Critical Circumstances, 80 FR
68504, (November 5, 2015).
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Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
on the final dumping margins of JSW
and Uttam Galva and further analysis
following the Preliminary Critical
Circumstances Determination, we are
not modifying our findings for the final
determination. For a complete
discussion of this issue, see the
‘‘Negative Finding of Critical
Circumstances’’ section of the Issues
and Decision Memorandum.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Continuation of 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
India, as described in Appendix I of this
notice, which were entered, or
withdrawn from warehouse, for
consumption on or after January 4,
2016, the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
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) For the
exporters/producers listed in the table
above, the cash deposit rates will be
equal to the dumping margin which the
Department 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; (3) the rate for all
other producers or exporters will be
4.03 percent. These instructions
suspending liquidation will remain in
effect until further notice.
Pursuant to section 733 (d)(1)(B) of
the Act and 19 CFR 351.205(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,15 adjusted where
appropriate for export subsidies,16 as
follows: (1) The rate for JSW, when
adjusted for export subsidies, is 0.49
percent; (2) the rate for Uttam Galva,
when adjusted for export subsidies, is
15 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).
16 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.
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18:30 Jun 01, 2016
Jkt 238001
0.00 percent; (3) the rate for all other
producers or exporters, when adjusted
for export subsidies, is 0.00 percent.
The instructions suspending
liquidation will remain in effect until
further 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 India 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 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
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35331
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
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’’),
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Federal Register / Vol. 81, No. 106 / Thursday, June 2, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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,
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
1. Summary
2. Background
3. Period of Investigation
4. Margin Calculations
5. Comparisons to Fair Value
6. List of Comments
7. Discussion of Comments
VerDate Sep<11>2014
18:30 Jun 01, 2016
Comment 1: Duty Drawback
Comment 2: Date of Sale
Comment 3: Revision of Uttam Galva’s
Yield Strength Product Characteristics
Comment 4: JSW’s Sales Below Cost
Comment 5: Export Subsidy Offset
Deduction for Duty Drawback Subsidy
Rates
Comment 6: JSW’s Forward Exchange Rate
Contracts
Comment 7: Treatment of JSW’s Domestic
Brokerage and Handling
Comment 8: Adjustments for JSW
Verification Findings
Comment 9: JSW’s POI Material Costs
Comment 10: Uttam Galva’s Cost of
Production Minor Corrections
Comment 11: JSW Royalty Expense
Comment 12: Ministerial Errors
Comment 13: Uttam Galva’s Differential
Pricing Analysis
8. Negative Finding of Critical Circumstances
9. Conclusion
[FR Doc. 2016–12986 Filed 6–1–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–040]
Truck and Bus Tires From the People’s
Republic of China: Postponement of
Preliminary Determination of
Antidumping Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: June 2, 2016.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Andre Gziryan, AD/
CVD Operations Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–5760 and (202) 482–2201,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 18, 2016, the Department
of Commerce (the Department) initiated
the antidumping duty investigation of
truck and bus tires from the People’s
Republic of China.1 The Initiation
Notice stated that the Department would
issue its preliminary determination for
this investigation no later than 140 days
after the date of the initiation in
accordance with section 733(b)(1)(A) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.205(b)(1), unless
postponed.2
1 See Truck and Bus Tires From the People’s
Republic of China: Initiation of Antidumping Duty
Investigation, 81 FR 9434 (February 25, 2016)
(Initiation Notice).
2 Id., 81 FR at 9438.
Jkt 238001
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
Period of Investigation
The period of investigation is July 1,
2015, through December 31, 2015.
Postponement of Preliminary
Determination
Section 733(c)(1)(A) of the Act
permits the Department to postpone the
time limit for the preliminary
determination if it receives a timely
request from the petitioner for
postponement. The Department may
postpone the preliminary determination
under section 733(c)(1) of the Act no
later than 190 days after the date on
which the administering authority
initiates an investigation.
On May 20, 2016, United Steel, Paper
and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union, AFL–CIO,
CLC (the petitioner) made a timely
request under 19 CFR 351.205(e) for a
50-day postponement of the preliminary
determination of this investigation.3 The
petitioner states that a postponement is
necessary given a very large number of
separate rate applications and the need
for additional time to analyze responses
from the two selected respondents.4
For the reasons stated above, and
because there are no compelling reasons
to deny the petitioner’s request, the
Department is fully postponing the
preliminary determination of this
investigation in accordance with section
733(c)(1)(A) of the Act and 19 CFR
351.205(b)(2) and (e) to August 26, 2016.
The deadline for the final determination
will continue to be 75 days after the
date of the preliminary determination,
unless extended.
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: May 26, 2016.
Paul Piquado,
Assistant Secretary For Enforcement and
Compliance.
[FR Doc. 2016–13044 Filed 6–1–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
3 See Truck and Bus Tires from the People’s
Republic of China (A–570–040): Petitioner’s
Request to Extend the Preliminary Determination
dated May 20, 2016.
4 Id.
E:\FR\FM\02JNN1.SGM
02JNN1
]]>Agencies
[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35329-35332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12986]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-863]
Certain Corrosion-Resistant Steel Products From India: Final
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances
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 India 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: Kabir Archuletta or Ryan Mullen, 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-
2593 or (202) 482-5260, 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 India:
Affirmative Preliminary Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 81 FR 63 (January 4,
2016) (``Preliminary Determination'').
---------------------------------------------------------------------------
In April 2016, the Department received revised databases from JSW
\2\ and Uttam Galva Steels Ltd. (``Uttam Galva''), the mandatory
respondents in this investigation.
---------------------------------------------------------------------------
\2\ We refer to JSW Steel Ltd. (``JSWSL'') and its wholly-owned
affiliate JSW Steel Coated Products Limited (``JSCPL'') collectively
as ``JSW.''
---------------------------------------------------------------------------
Additionally, in April 2016, Petitioners,\3\ JSW, and Uttam Galva
submitted case briefs \4\ and rebuttal briefs.\5\ A hearing was held on
May 4, 2016.
---------------------------------------------------------------------------
\3\ Petitioners are United States Steel Corporation, Nucor
Corporation, ArcelorMittal USA, AK Steel Corporation, Steel
Dynamics, Inc., and California Steel Industries, Inc.
\4\ See Letter to the Secretary of Commerce from Petitioners,
``Case Brief of Petitioners'' (April 18, 2016); Letter to the
Secretary of Commerce from JSW, ``JSW's Resubmitted Case Brief''
(April 21, 2016); and Letter to the Secretary of Commerce from Uttam
Galva, ``Uttam Galva Steels Limited's Case Brief'' (April 19, 2016).
\5\ See Letter to the Secretary of Commerce from Petitioners,
``Petitioners' Rebuttal Brief'' (April 25, 2016); Letter to the
Secretary of Commerce from JSW, ``JSW's Rebuttal Brief'' (April 25,
2016); and Letter to the Secretary of Commerce from Uttam Galva,
``Uttam Galva Steels Limited's Rebuttal Brief'' (April 25, 2016) .
---------------------------------------------------------------------------
Also, as explained in the memorandum from the Acting Assistant
Secretary for Enforcement and Compliance, the Department exercised its
authority to toll all administrative deadlines due to the recent
closure of the Federal Government.\6\ As a consequence, all deadlines
in this segment of the proceeding have been extended by four business
days. The revised deadline for the final results is now May 24, 2016.
---------------------------------------------------------------------------
\6\ See Memorandum to the File from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, ``Tolling of Administrative Deadlines
As a Result of the Government Closure During Snowstorm Jonas'' dated
January 27, 2016.
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is corrosion-resistant
steel from the India. For a complete description of the scope of this
investigation, see the ``Scope of the Investigation,'' in Appendix I of
this notice.
Scope Comments
In accordance with the Preliminary Scope Determination,\7\ the
Department
[[Page 35330]]
set aside a period of time for parties to address scope issues in case
briefs or other written comments on scope issues.
---------------------------------------------------------------------------
\7\ 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.\8\ The Final Scope Decision
Memorandum is incorporated by, and hereby adopted by, this notice.
---------------------------------------------------------------------------
\8\ 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,
which is hereby adopted by this notice.\9\ 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 Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\9\ 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 India'' (May 24, 2016) (``Issues and Decision
Memorandum'').
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Act, in January, February, and
March 2016, the Department verified the sales and cost data reported by
the mandatory respondents, pursuant to section 782(i) of the Act. We
used standard verification procedures, including an examination of
relevant accounting and production records, and original source
documents provided by Respondents.\10\
---------------------------------------------------------------------------
\10\ See Memorandum to the File, through Neal Halper, Office
Director, and Peter Scholl, Lead Accountant, from Ji Young Oh,
Senior Accountant, ``Verification of the Cost Response of JSW Steel
Limited and JSW Steel Coated Products Limited in the Antidumping
Duty Investigation of Certain Corrosion-Resistant Steel Flat
Products from India'' (April 7, 2016); Memorandum to the File,
through Neal Halper, Office Director, and Peter Scholl, Lead
Accountant, from Alma Sepulveda, Senior Accountant, and Laurens van
Houten, Senior Accountant, ``Verification of the Cost Response of
Uttam Galva Steels Limited in the Antidumping Duty Investigation of
Certain Corrosion-Resistant Steel Flat Products from India'' (March
23, 2016); Memorandum to the File, through Catherine Bertrand,
Program Manager, Office V, from Kabir Archuletta, Senior
International Trade Analyst, Ryan Mullen, International Trade
Analyst, and Jessica Weeks, International Trade Analyst,
``Verification of JSW Steel Ltd. and JSW Coated Steel Products in
the Antidumping Duty Investigation of Certain Corrosion-Resistant
Steel from India'' (April 7, 2016); Memorandum to the File, through
Catherine Bertrand, Program Manager, Office V, from Ryan Mullen,
International Trade Analyst, ``Verification of Home Market and U.S.
Sales of Uttam Galva Steels Limited in the Antidumping Duty
Investigation of Certain Corrosion-Resistant Steel Products from
India'' (April 7, 2016); and Memorandum to the File, through
Catherine Bertrand, Program Manager, Office V, from Ryan Mullen,
International Trade Analyst, ``Verification of U.S. Sales of Uttam
Galva North America in the Antidumping Duty Investigation of Certain
Corrosion-Resistant Steel Products from India'' (April 7, 2016).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
JSW and Uttam Galva. For a discussion of these changes, see the
``Margin Calculations'' and ``Comparisons to Fair Value'' sections of
the Issues and Decision Memorandum. We have also revised the all-others
rate.
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 margins determined entirely under section 776 of
the Act. Therefore, we calculated the all-others rate based on a
weighted average of the dumping margins calculated for the mandatory
respondents using each company's publicly-ranged values for the
merchandise under consideration.\11\
---------------------------------------------------------------------------
\11\ 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)
------------------------------------------------------------------------
JSW: \12\................................................... 4.44
JSW Steel Ltd
JSW Coated Products Limited
Uttam Galva: \13\........................................... 3.05
Uttam Galva Steels Limited..............................
Uttam Value Steels Limited..............................
Atlantis International Services Company Ltd
Uttam Galva Steels, Netherlands, B.V
Uttam Galva Steels (BVI) Limited
All-Others.................................................. 3.86
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\12\ We find JSWSL and its wholly-owned affiliated JSCPL,
(collectively ``JSW'') are affiliated and have met the criteria to
be collapsed. See Memorandum to the File, through Catherine
Bertrand, Program Manager, Enforcement and Compliance, Office V,
from Kabir Archuletta, Senior International Trade Analyst,
Enforcement and Compliance, Office V, ``Antidumping Duty
Investigation of Certain Corrosion Resistant Steel Products from
India: JSW Affiliation and Collapsing Memorandum,'' dated
concurrently with this determination. Therefore, we will assign one
rate to these companies.
\13\ We find Uttam Galva to be affiliated with these companies
and that they have met the criteria to be treated as a single
entity. For further discussion of this issue, which includes
business proprietary information, see Memorandum to James C. Doyle,
Director, Office V, through Catherine Bertrand, Program Manager,
Office V, from Ryan Mullen, International Trade Analyst, Office V,
``Antidumping Duty Investigation of Certain Corrosion Resistant
Steel Products from India: Uttam Galva Affiliation and Single Entity
Memorandum,'' dated concurrently with this determination. Therefore,
we will assign one rate to these companies.
---------------------------------------------------------------------------
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 Negative Determination of Critical Circumstances
On October 29, 2015, the Department found that critical
circumstances do not exist for imports exported by JSW, Uttam Galva,
and ``all others.'' \14\ Based
[[Page 35331]]
on the final dumping margins of JSW and Uttam Galva and further
analysis following the Preliminary Critical Circumstances
Determination, we are not modifying our findings for the final
determination. For a complete discussion of this issue, see the
``Negative Finding of Critical Circumstances'' section of the Issues
and Decision Memorandum.
---------------------------------------------------------------------------
\14\ 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
Determination of Critical Circumstances, 80 FR 68504, (November 5,
2015).
---------------------------------------------------------------------------
Continuation of 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 India, as described in Appendix I of this notice,
which were entered, or withdrawn from warehouse, for consumption on or
after January 4, 2016, the date of publication of the Preliminary
Determination of this investigation in the Federal Register.
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) For the exporters/producers listed in the table above, the cash
deposit rates will be equal to the dumping margin which the Department
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; (3) the rate for all other producers or exporters will be
4.03 percent. These instructions suspending liquidation will remain in
effect until further notice.
Pursuant to section 733 (d)(1)(B) of the Act and 19 CFR 351.205(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,\15\ adjusted where appropriate for export
subsidies,\16\ as follows: (1) The rate for JSW, when adjusted for
export subsidies, is 0.49 percent; (2) the rate for Uttam Galva, when
adjusted for export subsidies, is 0.00 percent; (3) the rate for all
other producers or exporters, when adjusted for export subsidies, is
0.00 percent.
---------------------------------------------------------------------------
\15\ 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).
\16\ 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.
---------------------------------------------------------------------------
The instructions suspending liquidation will remain in effect until
further 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 India 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''),
[[Page 35332]]
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,
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
1. Summary
2. Background
3. Period of Investigation
4. Margin Calculations
5. Comparisons to Fair Value
6. List of Comments
7. Discussion of Comments
Comment 1: Duty Drawback
Comment 2: Date of Sale
Comment 3: Revision of Uttam Galva's Yield Strength Product
Characteristics
Comment 4: JSW's Sales Below Cost
Comment 5: Export Subsidy Offset Deduction for Duty Drawback
Subsidy Rates
Comment 6: JSW's Forward Exchange Rate Contracts
Comment 7: Treatment of JSW's Domestic Brokerage and Handling
Comment 8: Adjustments for JSW Verification Findings
Comment 9: JSW's POI Material Costs
Comment 10: Uttam Galva's Cost of Production Minor Corrections
Comment 11: JSW Royalty Expense
Comment 12: Ministerial Errors
Comment 13: Uttam Galva's Differential Pricing Analysis
8. Negative Finding of Critical Circumstances
9. Conclusion
[FR Doc. 2016-12986 Filed 6-1-16; 8:45 am]
BILLING CODE 3510-DS-P
