Countervailing Duty Investigation of Stainless Steel Sheet and Strip From the People's Republic of China: Preliminary Determination of Critical Circumstances, 41519-41521 [2016-15132]
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Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices
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VerDate Sep<11>2014
20:12 Jun 24, 2016
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41519
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Comments must comply with 15 CFR
301.5(a)(3) and (4) of the regulations and
be postmarked on or before July 18,
2016. Address written comments to
Statutory Import Programs Staff, Room
3720, U.S. Department of Commerce,
Washington, DC 20230. Applications
may be examined between 8:30 a.m. and
5:00 p.m. at the U.S. Department of
Commerce in Room 3720.
Docket Number: 15–052. Applicant:
Iowa State University of Science and
Technology, 211 TASF, Ames, IA
50011–3020. Instrument: Electron
Microscope. Manufacturer: FEI, Co.,
Czech Republic and Great Britain.
Intended Use: The instrument will be
used to perform microstructure
examination, compositional analysis
and orientation analysis on materials
such as metals, compounds, alloys,
oxides and organic materials.
Justification for Duty-Free Entry: There
are no instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: April 13,
2016.
Docket Number: 16–007. Applicant:
University of California, Riverside, 900
University Ave., Riverside, CA 92521.
Instrument: Electron Microscope.
Manufacturer: FEI Company, the
Netherlands. Intended Use: The
instrument will be used to characterize
the morphology and structure at
microscopic down to atomic scale of
materials and biological tissues.
Justification for Duty-Free Entry: There
are no instruments of the same general
category manufactured in the United
States. Application accepted by
Commissioner of Customs: May 9, 2016.
Dated: June 21, 2016.
Karen Miller-Kuwana,
Board Secretary, First Responder Network
Authority.
Dated: June 21, 2016.
Gregory W. Campbell,
Director of Subsidies Enforcement,
Enforcement and Compliance.
[FR Doc. 2016–15158 Filed 6–24–16; 8:45 am]
[FR Doc. 2016–15139 Filed 6–24–16; 8:45 am]
BILLING CODE 3510–TL–P
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
International Trade Administration
International Trade Administration
Application(s) for Duty-Free Entry of
Scientific Instruments
[C–570–043]
Pursuant to Section 6(c) of the
Educational, Scientific and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301), we
invite comments on the question of
whether instruments of equivalent
scientific value, for the purposes for
which the instruments shown below are
intended to be used, are being
manufactured in the United States.
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Countervailing Duty Investigation of
Stainless Steel Sheet and Strip From
the People’s Republic of China:
Preliminary Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 12, 2016, the
Department of Commerce (the
Department) received a countervailing
AGENCY:
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Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices
duty (CVD) petition concerning imports
of stainless steel sheet and strip
(stainless sheet and strip) from the
People’s Republic of China (PRC).1 On
May 6, 2016, the Department received
timely allegations that critical
circumstances exist with respect to
imports of the merchandise under
investigation.2 Based on information
provided by Petitioners, data placed on
the record of this investigation by the
mandatory respondent, and data
collected by the Department, the
Department preliminarily determines
that critical circumstances exist for
imports of stainless sheet and strip from
the PRC.
DATES: Effective on June 27, 2016.
FOR FURTHER INFORMATION CONTACT:
Emily Halle, 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)
482–0176.
SUPPLEMENTARY INFORMATION:
Background
Section 703(e)(1) of the Tariff Act of
1930, as amended (the Act), provides
that the Department will preliminarily
determine that critical circumstances
exist in CVD investigations if there is a
reasonable basis to believe or suspect:
(A) That ‘‘the alleged countervailable
subsidy’’ is inconsistent with the
Subsidies and Countervailing Measures
(SCM) Agreement of the World Trade
Organization, and (B) that there have
been massive imports of the subject
merchandise over a relatively short
period. Section 19 CFR 351.206
provides that imports must increase by
at least 15 percent during the ‘‘relatively
short period’’ to be considered
‘‘massive’’ and defines a ‘‘relatively
short period’’ as normally being the
period beginning on the date the
proceeding begins (i.e., the date the
petition is filed) and ending at least
three months later.3 The regulations also
provide, however, that, if the
Department finds that importers, or
mstockstill on DSK3G9T082PROD with NOTICES
1 See
Stainless Steel Sheet and Strip From the
People’s Republic of China—Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ February 12, 2016 (Petition). The
petitioners for these investigations are AK Steel
Corporation, Allegheny Ludlum, LLC d/b/a ATI Flat
Rolled Products, North American Stainless, and
Outokumpu Stainless USA, LLC (collectively,
Petitioners).
2 See Letter from Petitioners, ‘‘Antidumping and
Countervailing Duty Investigations of Stainless
Steel Sheet and Strip from the People’s Republic of
China—Petitioners Allegation of Critical
Circumstances,’’ May 6, 2016 (Critical
Circumstances Allegation).
3 See 19 CFR 351.206(i).
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18:52 Jun 24, 2016
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exporters or producers, had reason to
believe, at some time prior to the
beginning of the proceeding, that a
proceeding was likely, the Department
may consider a period of not less than
three months from that earlier time.4
On March 25, 2016, the Department
selected Ningbo Baoxin Stainless Steel
Co., Ltd. (Ningbo Baoxin) and Shanxi
Taigang Stainless Steel Co. Ltd.
(Taigang) as mandatory respondents.5
Since Ningbo Baoxin has not
participated in this proceeding, we
selected Daming International Import
Export Co Ltd (Daming) as an additional
mandatory respondent on May 5, 2016.6
Daming has not participated in this
proceeding.
Alleged Countervailable Subsidies Are
Inconsistent With the SCM Agreement
To determine whether an alleged
countervailable subsidy is inconsistent
with the SCM Agreement, in accordance
with section 703(e)(1)(A) of the Act, the
Department considered the evidence
currently on the record of this
investigation. Specifically, as
determined in our initiation checklist,
the following subsidy programs, alleged
in the Petition and supported by
information reasonably available to
Petitioners, appear to be either export
contingent or contingent upon the use of
domestic goods over imported goods,
which would render them inconsistent
with the SCM Agreement: Preferential
Lending to Stainless Sheet and Strip
Producers and Exporters Classified As
‘‘Honorable Enterprises,’’ 7 Export
Loans,8 Export Credit Guarantees,9
Income Tax Credits for DomesticallyOwned Companies Purchasing
Domestically Produced Equipment,10
Subsidies for Development of Famous
Brands and China World Top Brands,11
and Export Assistance Grants.12
Therefore, the Department preliminarily
determines that there are alleged
subsidies in this CVD investigation that
are inconsistent with the SCM
Agreement.
4 Id.
5 See Memorandum, ‘‘Countervailing Duty
Investigation of Stainless Steel Sheet and Strip from
the People’s Republic of China: Respondent
Selection,’’ March 25, 2016.
6 See Memorandum, ‘‘Countervailing Duty
Investigation of Stainless Steel Sheet and Strip
From the People’s Republic of China: Second
Analysis Regarding Respondent Selection,’’ May 5,
2016.
7 See PRC CVD Initiation Checklist, March 3,
2016, at 9.
8 Id., at 10.
9 Id., at 12.
10 Id., at 21.
11 Id., at 32.
12 Id., at 36.
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Massive Imports
In determining whether there are
‘‘massive imports’’ over a ‘‘relatively
short period,’’ pursuant to sections
703(e)(1)(B) and 733(e)(1)(B) of the Act,
the Department normally compares the
import volumes of the subject
merchandise for at least three months
immediately preceding the filing of the
petition (i.e., the ‘‘base period’’) to a
comparable period of at least three
months following the filing of the
petition (i.e., the ‘‘comparison period’’).
Imports normally will be considered
massive when imports during the
comparison period have increased by 15
percent or more compared to imports
during the base period.
Petitioners did not provide any
argument or evidence pursuant to CFR
351.206(i), that importers, exporters or
producers had a reason to believe, at
some time prior to the filing of the
petition, that a proceeding was likely.
Thus, in order to determine whether
there has been a massive surge in
imports for the cooperating mandatory
respondent, we have used a comparison
period starting with the month the
petition was filed in (i.e., February
2016), up to the most recent month we
have shipping data for on the record
(i.e., April 2016). We then selected a
base period with the same number of
months, starting in the month prior to
the filing of the petition (i.e., November
2015 through January 2016). Based on
this analysis, we preliminarily
determine that Taigang had massive
imports.13
For ‘‘all other’’ exporters or
producers, the Department compared
Global Trade Atlas (GTA) data for the
period February through April (the last
month for which GTA data is currently
available) with the proceeding threemonth period of November 2015
through January 2016.14 We then
13 See Memorandum, ‘‘Monthly Shipment
Quantity and Value Analysis for Critical
Circumstances Preliminary Determination,’’ June
20, 2016.
14 The Department gathered GTA data under the
following harmonized tariff schedule numbers:
7219.13.0031, 7219.13.0051, 7219.13.0071,
7219.13.0081, 7219.14.0030, 7219.14.0065,
7219.14.0090, 7219.23.0030, 7219.23.0060,
7219.24.0030, 7219.24.0060, 7219.32.0005,
7219.32.0020, 7219.32.0025, 7219.32.0035,
7219.32.0036, 7219.32.0038, 7219.32.0042,
7219.32.0044, 7219.32.0045, 7219.32.0060,
7219.33.0005, 7219.33.0020, 7219.33.0025,
7219.33.0035, 7219.33.0036, 7219.33.0038,
7219.33.0042, 7219.33.0044, 7219.33.0045,
7219.33.0070, 7219.33.0080, 7219.34.0005,
7219.34.0020, 7219.34.0025, 7219.34.0030,
7219.34.0035, 7219.34.0050, 7219.35.0005,
7219.35.0015, 7219.35.0030, 7219.35.0035,
7219.35.0050, 7219.90.0010, 7219.90.0020,
7219.90.0025, 7219.90.0060, 7219.90.0080,
7220.12.1000, 7220.12.5000, 7220.20.1010,
7220.20.1015, 7220.20.1060, 7220.20.1080,
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Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices
subtracted shipments reported by the
cooperating mandatory respondent from
the GTA data. Based on this analysis,
we preliminarily determine that ‘‘all
other’’ exporters or producers had
massive imports.15
Because we do not have verifiable
shipment data from the non-cooperating
mandatory respondents (i.e., those
mandatory respondents that did not
respond to the initial questionnaire or
who otherwise indicated their
unwillingness to participate in the
investigation), we determined, on the
basis of adverse facts available,16 that
there has been a massive surge in
imports. Accordingly, we preliminarily
determine that the following producers/
exporters had massive surges in
imports: Ningbo Baoxin, and Daming.17
Conclusion
Based on the criteria and findings
discussed above, we preliminarily
determine that critical circumstances
exist with respect to imports of stainless
sheet and strip shipped by Taigang,
Ningbo Baoxin, Daming, and ‘‘all other’’
exporters or producers.
We will issue a final determination
concerning critical circumstances when
we issue our final subsidy
determination. All interested parties
will have the opportunity to address
this determination in case briefs to be
submitted after completion of the
preliminary CVD determination.
ITC Notification
In accordance with sections 703(f)
and 733(f) of the Act, we will notify the
ITC of our determination.
Suspension of Liquidation
mstockstill on DSK3G9T082PROD with NOTICES
In accordance with sections 703(e)(2),
because we have preliminarily found
that critical circumstances exist with
regard to imports exported by certain
producers and exporters, if we make an
affirmative preliminary determination
that countervailable subsidies have been
provided to these same producers/
exporters at above de minimis rates,18
7220.20.6005, 7220.20.6010, 7220.20.6015,
7220.20.6060, 7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015, 7220.20.7060,
7220.20.7080, 7220.90.0010, 7220.90.0015,
7220.90.0060, and 7220.90.0080.
15 Id.
16 See Section 776 of the Act.
17 See Memorandum, ‘‘Monthly Shipment
Quantity and Value Analysis for Critical
Circumstances Preliminary Determination,’’ dated
concurrently with this Federal Register notice.
18 The preliminary determinations concerning the
provision of countervailable subsidies is currently
scheduled for July 11, 2016.
18:52 Jun 24, 2016
Jkt 238001
Dated: June 20, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2016–15132 Filed 6–24–16; 8:45 am]
BILLING CODE 3510–DS–P
Final Critical Circumstances
Determination
VerDate Sep<11>2014
we will instruct U.S. Customs and
Border Protection (CBP) to suspend
liquidation of all entries of subject
merchandise from these producers/
exporters that are entered, or withdrawn
from warehouse, for consumption on or
after the date that is 90 days prior to the
effective date of ‘‘provisional measures’’
(e.g., the date of publication in the
Federal Register of the notice of an
affirmative preliminary determination
that countervailable subsidies have been
provided at above de minimis rates). At
such time, we will also instruct CBP to
require a cash deposit equal to the
estimated preliminary subsidy rates
reflected in the preliminary
determination published in the Federal
Register. This suspension of liquidation
will remain in effect until further notice.
This notice is issued and published
pursuant to section 777(i) of the Act and
19 CFR 351.206(c)(2).
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–830]
Carbon and Certain Alloy Steel Wire
Rod From Mexico: Amended Final
Results of Antidumping Duty
Administrative Review; 2013–2014
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is amending the Final
Results 1 of the administrative review of
the antidumping duty order on carbon
and certain alloy steel wire rod from
Mexico to correct ministerial errors. The
period of review (‘‘POR’’) is October 1,
2013, through September 30, 2014.
DATES: Effective Date: June 27, 2016.
FOR FURTHER INFORMATION CONTACT:
James Terpstra, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington DC 20230; telephone 202–
482–3965.
SUPPLEMENTARY INFORMATION:
AGENCY:
1 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Final Results of Antidumping Duty
Administrative Review; 2013–2014 81 FR 31,592
(May 19, 2016) (‘‘Final Results’’).
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41521
Background
On May 16, 2016, the Department
disclosed to interested parties its
calculations for the Final Results.2 On
May 23, 2015, we received ministerial
error allegations from Nucor
Corporation 3 and Deacero S.A.P.I de
C.V. and Deacero USA (‘‘Deacero’’)
regarding the Department’s final margin
calculations.4
Period of Review
The POR covered by this review is
October 1, 2013, through September 30,
2014.
Scope of the Order
The merchandise subject to this order
is carbon and certain alloy steel wire
rod. The product is currently classified
under the Harmonized Tariff Schedule
of the United States (HTSUS) item
numbers 7213.91.3010, 7213.91.3090,
7213.91.4510, 7213.91.4590,
7213.91.6010, 7213.91.6090,
7213.99.0031, 7213.99.0038,
7213.99.0090, 7227.20.0010,
7227.20.0020, 7227.20.0090,
7227.20.0095, 7227.90.6051,
7227.90.6053, 7227.90.6058, and
7227.90.6059. Although the HTS
numbers are provided for convenience
and customs purposes, the written
product description remains
dispositive.5
Ministerial Errors
Section 751(h) of the Tariff Act of
1930, as amended (‘‘the Act’’), defines a
‘‘ministerial error’’ as including ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
unintentional error which the
administering authority considers
ministerial.’’ We analyzed Nucor’s and
Deacero’s ministerial error comments
and determined, in accordance with
section 751(h) of the Act and 19 CFR
351.224(e), that there were ministerial
2 See Memorandum, ‘‘Calculation Memorandum
for Daecero S.A. de C.V. and Deacero USA, INC.
(collectively, Deacero)’’ dated May 6, 2015.
3 Nucor Corporation (‘‘Nucor’’) is a domestic
interested party.
4 See Letter from Nucor, ‘‘Eighth (12/13)
Administrative Review of Carbon and Certain Alloy
Steel Wire Rod from Mexico—Petitioner’s
Comments on a Ministerial Error in Final Results’’
dated May 18, 2015; and Letter from Deacero
‘‘Carbon and Certain Alloy Steel Wire Rod from
Mexico: Ministerial Error Comments’’ dated May
18, 2015.
5 For a complete description of the scope of the
order, see ‘‘Carbon and Certain Alloy Steel Wire
Rod from Mexico: Issues and Decision
Memorandum for the Final Results of the
Antidumping Administrative Review; 2012–2013’’
dated May 6, 2015 (‘‘Issues and Decision
Memorandum’’).
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]]>Agencies
[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)]
[Notices]
[Pages 41519-41521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15132]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-043]
Countervailing Duty Investigation of Stainless Steel Sheet and
Strip From the People's Republic of China: Preliminary Determination of
Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On February 12, 2016, the Department of Commerce (the
Department) received a countervailing
[[Page 41520]]
duty (CVD) petition concerning imports of stainless steel sheet and
strip (stainless sheet and strip) from the People's Republic of China
(PRC).\1\ On May 6, 2016, the Department received timely allegations
that critical circumstances exist with respect to imports of the
merchandise under investigation.\2\ Based on information provided by
Petitioners, data placed on the record of this investigation by the
mandatory respondent, and data collected by the Department, the
Department preliminarily determines that critical circumstances exist
for imports of stainless sheet and strip from the PRC.
---------------------------------------------------------------------------
\1\ See Stainless Steel Sheet and Strip From the People's
Republic of China--Petitions for the Imposition of Antidumping and
Countervailing Duties,'' February 12, 2016 (Petition). The
petitioners for these investigations are AK Steel Corporation,
Allegheny Ludlum, LLC d/b/a ATI Flat Rolled Products, North American
Stainless, and Outokumpu Stainless USA, LLC (collectively,
Petitioners).
\2\ See Letter from Petitioners, ``Antidumping and
Countervailing Duty Investigations of Stainless Steel Sheet and
Strip from the People's Republic of China--Petitioners Allegation of
Critical Circumstances,'' May 6, 2016 (Critical Circumstances
Allegation).
---------------------------------------------------------------------------
DATES: Effective on June 27, 2016.
FOR FURTHER INFORMATION CONTACT: Emily Halle, 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) 482-0176.
SUPPLEMENTARY INFORMATION:
Background
Section 703(e)(1) of the Tariff Act of 1930, as amended (the Act),
provides that the Department will preliminarily determine that critical
circumstances exist in CVD investigations if there is a reasonable
basis to believe or suspect: (A) That ``the alleged countervailable
subsidy'' is inconsistent with the Subsidies and Countervailing
Measures (SCM) Agreement of the World Trade Organization, and (B) that
there have been massive imports of the subject merchandise over a
relatively short period. Section 19 CFR 351.206 provides that imports
must increase by at least 15 percent during the ``relatively short
period'' to be considered ``massive'' and defines a ``relatively short
period'' as normally being the period beginning on the date the
proceeding begins (i.e., the date the petition is filed) and ending at
least three months later.\3\ The regulations also provide, however,
that, if the Department finds that importers, or exporters or
producers, had reason to believe, at some time prior to the beginning
of the proceeding, that a proceeding was likely, the Department may
consider a period of not less than three months from that earlier
time.\4\
---------------------------------------------------------------------------
\3\ See 19 CFR 351.206(i).
\4\ Id.
---------------------------------------------------------------------------
On March 25, 2016, the Department selected Ningbo Baoxin Stainless
Steel Co., Ltd. (Ningbo Baoxin) and Shanxi Taigang Stainless Steel Co.
Ltd. (Taigang) as mandatory respondents.\5\ Since Ningbo Baoxin has not
participated in this proceeding, we selected Daming International
Import Export Co Ltd (Daming) as an additional mandatory respondent on
May 5, 2016.\6\ Daming has not participated in this proceeding.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Countervailing Duty Investigation of
Stainless Steel Sheet and Strip from the People's Republic of China:
Respondent Selection,'' March 25, 2016.
\6\ See Memorandum, ``Countervailing Duty Investigation of
Stainless Steel Sheet and Strip From the People's Republic of China:
Second Analysis Regarding Respondent Selection,'' May 5, 2016.
---------------------------------------------------------------------------
Alleged Countervailable Subsidies Are Inconsistent With the SCM
Agreement
To determine whether an alleged countervailable subsidy is
inconsistent with the SCM Agreement, in accordance with section
703(e)(1)(A) of the Act, the Department considered the evidence
currently on the record of this investigation. Specifically, as
determined in our initiation checklist, the following subsidy programs,
alleged in the Petition and supported by information reasonably
available to Petitioners, appear to be either export contingent or
contingent upon the use of domestic goods over imported goods, which
would render them inconsistent with the SCM Agreement: Preferential
Lending to Stainless Sheet and Strip Producers and Exporters Classified
As ``Honorable Enterprises,'' \7\ Export Loans,\8\ Export Credit
Guarantees,\9\ Income Tax Credits for Domestically-Owned Companies
Purchasing Domestically Produced Equipment,\10\ Subsidies for
Development of Famous Brands and China World Top Brands,\11\ and Export
Assistance Grants.\12\ Therefore, the Department preliminarily
determines that there are alleged subsidies in this CVD investigation
that are inconsistent with the SCM Agreement.
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\7\ See PRC CVD Initiation Checklist, March 3, 2016, at 9.
\8\ Id., at 10.
\9\ Id., at 12.
\10\ Id., at 21.
\11\ Id., at 32.
\12\ Id., at 36.
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Massive Imports
In determining whether there are ``massive imports'' over a
``relatively short period,'' pursuant to sections 703(e)(1)(B) and
733(e)(1)(B) of the Act, the Department normally compares the import
volumes of the subject merchandise for at least three months
immediately preceding the filing of the petition (i.e., the ``base
period'') to a comparable period of at least three months following the
filing of the petition (i.e., the ``comparison period''). Imports
normally will be considered massive when imports during the comparison
period have increased by 15 percent or more compared to imports during
the base period.
Petitioners did not provide any argument or evidence pursuant to
CFR 351.206(i), that importers, exporters or producers had a reason to
believe, at some time prior to the filing of the petition, that a
proceeding was likely. Thus, in order to determine whether there has
been a massive surge in imports for the cooperating mandatory
respondent, we have used a comparison period starting with the month
the petition was filed in (i.e., February 2016), up to the most recent
month we have shipping data for on the record (i.e., April 2016). We
then selected a base period with the same number of months, starting in
the month prior to the filing of the petition (i.e., November 2015
through January 2016). Based on this analysis, we preliminarily
determine that Taigang had massive imports.\13\
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\13\ See Memorandum, ``Monthly Shipment Quantity and Value
Analysis for Critical Circumstances Preliminary Determination,''
June 20, 2016.
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For ``all other'' exporters or producers, the Department compared
Global Trade Atlas (GTA) data for the period February through April
(the last month for which GTA data is currently available) with the
proceeding three-month period of November 2015 through January
2016.\14\ We then
[[Page 41521]]
subtracted shipments reported by the cooperating mandatory respondent
from the GTA data. Based on this analysis, we preliminarily determine
that ``all other'' exporters or producers had massive imports.\15\
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\14\ The Department gathered GTA data under the following
harmonized tariff schedule numbers: 7219.13.0031, 7219.13.0051,
7219.13.0071, 7219.13.0081, 7219.14.0030, 7219.14.0065,
7219.14.0090, 7219.23.0030, 7219.23.0060, 7219.24.0030,
7219.24.0060, 7219.32.0005, 7219.32.0020, 7219.32.0025,
7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042,
7219.32.0044, 7219.32.0045, 7219.32.0060, 7219.33.0005,
7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036,
7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.33.0045,
7219.33.0070, 7219.33.0080, 7219.34.0005, 7219.34.0020,
7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.34.0050,
7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035,
7219.35.0050, 7219.90.0010, 7219.90.0020, 7219.90.0025,
7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080,
7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060,
7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015,
7220.20.7060, 7220.20.7080, 7220.90.0010, 7220.90.0015,
7220.90.0060, and 7220.90.0080.
\15\ Id.
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Because we do not have verifiable shipment data from the non-
cooperating mandatory respondents (i.e., those mandatory respondents
that did not respond to the initial questionnaire or who otherwise
indicated their unwillingness to participate in the investigation), we
determined, on the basis of adverse facts available,\16\ that there has
been a massive surge in imports. Accordingly, we preliminarily
determine that the following producers/exporters had massive surges in
imports: Ningbo Baoxin, and Daming.\17\
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\16\ See Section 776 of the Act.
\17\ See Memorandum, ``Monthly Shipment Quantity and Value
Analysis for Critical Circumstances Preliminary Determination,''
dated concurrently with this Federal Register notice.
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Conclusion
Based on the criteria and findings discussed above, we
preliminarily determine that critical circumstances exist with respect
to imports of stainless sheet and strip shipped by Taigang, Ningbo
Baoxin, Daming, and ``all other'' exporters or producers.
Final Critical Circumstances Determination
We will issue a final determination concerning critical
circumstances when we issue our final subsidy determination. All
interested parties will have the opportunity to address this
determination in case briefs to be submitted after completion of the
preliminary CVD determination.
ITC Notification
In accordance with sections 703(f) and 733(f) of the Act, we will
notify the ITC of our determination.
Suspension of Liquidation
In accordance with sections 703(e)(2), because we have
preliminarily found that critical circumstances exist with regard to
imports exported by certain producers and exporters, if we make an
affirmative preliminary determination that countervailable subsidies
have been provided to these same producers/exporters at above de
minimis rates,\18\ we will instruct U.S. Customs and Border Protection
(CBP) to suspend liquidation of all entries of subject merchandise from
these producers/exporters that are entered, or withdrawn from
warehouse, for consumption on or after the date that is 90 days prior
to the effective date of ``provisional measures'' (e.g., the date of
publication in the Federal Register of the notice of an affirmative
preliminary determination that countervailable subsidies have been
provided at above de minimis rates). At such time, we will also
instruct CBP to require a cash deposit equal to the estimated
preliminary subsidy rates reflected in the preliminary determination
published in the Federal Register. This suspension of liquidation will
remain in effect until further notice.
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\18\ The preliminary determinations concerning the provision of
countervailable subsidies is currently scheduled for July 11, 2016.
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This notice is issued and published pursuant to section 777(i) of
the Act and 19 CFR 351.206(c)(2).
Dated: June 20, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-15132 Filed 6-24-16; 8:45 am]
BILLING CODE 3510-DS-P
