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]

Download as PDF Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Karen Miller-Kuwana, Board Secretary, FirstNet, 12201 Sunrise Valley Drive, M/S 243, Reston, VA 20192; telephone: (571) 665–6177; email: karen.millerkuwana@firstnet.gov. Please direct media inquiries to Ryan Oremland at (571) 665–6186. SUPPLEMENTARY INFORMATION: This notice informs the public that the Board of FirstNet will convene an open public meeting on June 30, 2016, preceded by open public meetings of the Board Committees on June 29, 2016. Background: The Middle Class Tax Relief and Job Creation Act of 2012 (Pub. L. 112–96, Title VI, 126 Stat. 256 (codified at 47 U.S.C. 1401 et seq.)) (the ‘‘Act’’) established FirstNet as an independent authority within the National Telecommunications and Information Administration that is headed by a Board. The Act directs FirstNet to ensure the building, deployment, and operation of a nationwide, interoperable public safety broadband network. The FirstNet Board is responsible for making strategic decisions regarding FirstNet’s operations. The FirstNet Board held its first public meeting on September 25, 2012. Matters to be Considered: FirstNet will post detailed agendas of each meeting on its Web site, http:// www.firstnet.gov, prior to the meetings. The agenda topics are subject to change. Please note that the subjects that will be discussed by the Committees and the Board may involve commercial or financial information that is privileged or confidential, personnel matters, or other legal matters affecting FirstNet. As such, the Committee chairs and Board Chair may call for a vote to close the meetings only for the time necessary to preserve the confidentiality of such information, pursuant to 47 U.S.C. 1424(e)(2). 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Viewers experiencing any issues with the live webcast may email support@ sparkstreetdigital.com or call 202–684– 3361 x9 for support. A variety of automated troubleshooting tests are also available via the ‘‘Troubleshooting Tips’’ button on the webcast player. The meetings will also be available to interested parties by phone. To be connected to the meetings in listen-only mode by telephone, please dial 800– 857–9642 and passcode 2162310. Records: FirstNet maintains records of all Board proceedings. Minutes of the Board Meeting and the Committee meetings will be available at www.firstnet.gov. 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. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 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: E:\FR\FM\27JNN1.SGM 27JNN1 41520 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). VerDate Sep<11>2014 18:52 Jun 24, 2016 Jkt 238001 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. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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, E:\FR\FM\27JNN1.SGM 27JNN1 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’’). PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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’’). E:\FR\FM\27JNN1.SGM 27JNN1

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]


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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.
---------------------------------------------------------------------------

    \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\
---------------------------------------------------------------------------

    \13\ See Memorandum, ``Monthly Shipment Quantity and Value 
Analysis for Critical Circumstances Preliminary Determination,'' 
June 20, 2016.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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