Certain Cold-Rolled Steel Flat Products From Japan and the People's Republic of China: Antidumping Duty Orders, 45955-45960 [2016-16798]
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Vol. 81
Thursday,
No. 135
July 14, 2016
Part VII
Department of Commerce
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International Trade Administration
Certain Cold-Rolled Steel Flat Products From Japan and the People’s
Republic of China: Antidumping Duty Orders and Certain Cold-Rolled Steel
Flat Products From the People’s Republic of China: Countervailing Duty
Order; Notices
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45956
Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–873, A–570–029]
Certain Cold-Rolled Steel Flat Products
From Japan and the People’s Republic
of China: Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing antidumping
duty orders on certain cold-rolled steel
flat products from Japan and the
People’s Republic of China (PRC).
DATES: Effective Date: July 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Trisha Tran at (202) 482–4852 (Japan),
Scott Hoefke at 202–482–4947 (PRC),
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
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Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.210(c), on May 24, 2016, the
Department published the final
determinations of sales at less than fair
value in the antidumping duty
investigations of certain cold-rolled
steel flat products from Japan and the
PRC.1 On July 7, 2016, the ITC notified
the Department of its final
determination pursuant to section
735(b)(1)(A)(i) of the Act, that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by
reason of imports of certain cold-rolled
steel flat products from Japan and the
PRC.2 In addition, the ITC notified the
1 Certain Cold-Rolled Steel Flat Products From
Japan: Final Affirmative Determination of Sales at
Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, 81 FR
32721 (May 24, 2016) (Final Determination) and
accompanying Issues and Decision Memorandum,
see also Certain Cold-Rolled Steel Flat Products
from the People’s Republic of China: Final
Affirmative Determination of Sales at Less Than
Fair Value, and Final Affirmative Determination of
Critical Circumstances, 81 FR 32721 (May 24, 2016)
(PRC Final Determination) 81 FR 32725 (May 24,
2016) and accompanying Issues and Decision
Memorandum.
2 See Letter to Christian Marsh, Deputy Assistant
Secretary of Commerce for Enforcement and
Compliance, from Irving A. Williamson, Chairman
of the U.S. International Trade Commission,
regarding certain cold-rolled steel flat products
from China and Japan (July 7, 2016) (ITC Letter).
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Department of its final determination
that critical circumstances do not exist
with respect to imports of subject
merchandise from Japan and the PRC
that are subject to the Department’s final
affirmative critical circumstances
findings.3
Scope of the Order: Japan
The products covered by this order
are certain cold-rolled (cold-reduced),
flat-rolled steel products, whether or not
annealed, painted, varnished, or coated
with plastics or other non-metallic
substances. The products covered do
not include those that are clad, plated,
or coated with metal. The products
covered include coils that have a width
or other lateral measurement (‘‘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 crosssection 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 nonrectangular 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 order 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
See also Cold-Rolled Steel Flat Products from China
and Japan (Investigation Nos. 701–TA–541 and
731–TA–1284 and 1286 (Final), USITC Publication
4619, July 2016) (Final).
3 Id.
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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, high
strength low alloy (‘‘HSLA’’) steels,
motor lamination steels, Advanced High
Strength Steels (‘‘AHSS’’), and Ultra
High Strength Steels (‘‘UHSS’’). 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.
Motor lamination steels contain microalloying levels of elements such as
silicon and aluminum. AHSS and UHSS
are considered high tensile strength and
high elongation steels, although AI–ISS
and UHSS are covered whether or not
they are high tensile strength or high
elongation steels.
Subject merchandise includes coldrolled 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 order if performed in the country
of manufacture of the cold-rolled 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 order
unless specifically excluded. The
following products are outside of and/
or specifically excluded from the scope
of this order:
• Ball bearing steels; 4
4 Ball bearing steels are defined as steels which
contain, in addition to iron, each of the following
elements by weight in the amount specified: (i) Not
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Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices
• Tool steels; 5
• Silico-manganese steel; 6
• Grain-oriented electrical steels
(‘‘GOES’’) as defined in the final
determination of the U.S. Department of
Commerce in Grain-Oriented Electrical
Steel From Germany, Japan, and
Poland.7
• Non-Oriented Electrical Steels
(‘‘NOES’’), as defined in the
Element
C
Weight % ......
0.90–1.05
antidumping orders issued by the U.S.
Department of Commerce in NonOriented Electrical Steel From the
People’s Republic of China, Germany,
Japan, the Republic of Korea, Sweden,
and Taiwan.8
Also excluded from the scope of this
order is ultra-tempered automotive
steel, which is hardened, tempered,
Si
Mn
0.15–0.35
• Physical properties:
surface polished, and meets the
following specifications:
• Thickness: less than or equal to 1.0
mm;
• Width: less than or equal to 330
mm;
• Chemical composition:
P
0.30–0.50
S
Less than or equal to 0.03 ................
Less than or equal to 0.006.
7215.50.0063, 7215.50.0065,
7215.50.0090, 7215.90.5000,
7217.10.1000, 7217.10.2000,
7217.10.3000, 7217.10.7000,
7217.90.1000, 7217.90.5030,
7217.90.5060, 7217.90.5090,
7225.19.0000, 7226.19.1000,
7226.19.9000, 7226.99.0180,
7228.50.5015, 7228.50.5040,
7228.50.5070, 7228.60.8000, and
7229.90.1000.
The HTSUS subheadings above are
provided for convenience and CBP
purposes only. The written description
of the scope of the order is dispositive.
• Microstructure: Completely free
from decarburization. Carbides are
spheroidal and fine within 1% to 4%
(area percentage) and are undissolved in
the uniform tempered martensite;
• Surface roughness: Less than or
equal to 0.80 mm Rz;
• Non-metallic inclusion:
D Sulfide inclusion less than or equal
to 0.04% (area percentage)
D Oxide inclusion less than or equal
to 0.05% (area percentage); and
• The mill test certificate must
demonstrate that the steel is proprietary
grade ‘‘PK’’ and specify the following:
D The exact tensile strength, which
must be greater than or equal to 1600 N/
mm2;
D The exact hardness, which must be
greater than or equal to 465 Vickers
hardness number;
D The exact elongation, which must
be between 2.5% and 9.5%; and
D Certified as having residual
compressive stress within a range of 100
to 400 N/mm2.
The products subject to this order are
currently classified in the Harmonized
Tariff Schedule of the United States
(‘‘HTSUS’’) under item numbers:
7209.15.0000, 7209.16.0030,
7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030,
7209.17.0060, 7209.17.0070,
7209.17.0091, 7209.18.1530,
7209.18.1560, 7209.18.2510,
7209.18.2520, 7209.18.2580,
7209.18.6020, 7209.18.6090,
7209.25.0000, 7209.26.0000,
7209.27.0000, 7209.28.0000,
7209.90.0000, 7210.70.3000,
7211.23.1500, 7211.23.2000,
7211.23.3000, 7211.23.4500,
7211.23.6030, 7211.23.6060,
7211.23.6090, 7211.29.2030,
7211.29.2090, 7211.29.4500,
7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000,
7212.40.5000, 7225.50.6000,
7225.50.8080, 7225.99.0090,
7226.92.5000, 7226.92.7050, and
7226.92.8050. The products subject to
the order may also enter under the
following HTSUS numbers:
7210.90.9000, 7212.50.0000,
7215.10.0010, 7215.10.0080,
7215.50.0016, 7215.50.0018,
7215.50.0020, 7215.50.0061,
The products covered by this order
are certain cold-rolled (cold-reduced),
flat-rolled steel products, whether or not
annealed, painted, varnished, or coated
with plastics or other non-metallic
substances. The products covered do
not include those that are clad, plated,
or coated with metal. The products
covered include coils that have a width
or other lateral measurement (‘‘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.,
less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent
of manganese; (iii) none, or not more than 0.03
percent of sulfur; (iv) none, or not more than 0.03
percent of phosphorus; (v) not less than 0.18 nor
more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii)
none, or not more than 0.28 percent of nickel; (viii)
none, or not more than 0.38 percent of copper; and
(ix) none, or not more than 0.09 percent of
molybdenum.
5 Tool steels are defined as steels which contain
the following combinations of elements in the
quantity by weight respectively indicated: (i) More
than 1.2 percent carbon and more than 10.5 percent
chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent
chromium; or (iii) not less than 0.85 percent carbon
and 1 percent to 1.8 percent, inclusive, manganese;
or (iv) 0.9 percent to 1.2 percent, inclusive,
chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi)
not less than 0.5 percent carbon and not less than
5.5 percent tungsten.
6 Silico-manganese steel is defined as steels
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
7 See Grain-Oriented Electrical Steel From
Germany, Japan, and Poland: Final Determinations
of Sales at Less Than Fair Value and Certain Final
Affirmative Determination of Critical
Circumstances, 79 FR 42,501, 42,503 (July 22, 2014)
(‘‘Grain-Oriented Electrical Steel From Germany,
Japan, and Poland’’). This determination defines
grain-oriented electrical steel as ‘‘a flat-rolled alloy
steel product containing by weight at least 0.6
percent but not more than 6 percent of silicon, not
more than 0.08 percent of carbon, not more than 1.0
percent of aluminum, and no other element in an
amount that would give the steel the characteristics
of another alloy steel, in coils or in straight
lengths.’’
8 See Non-Oriented Electrical Steel From the
People’s Republic of China, Germany, Japan, the
Republic of Korea, Sweden, and Taiwan:
Antidumping Duty Orders, 79 FR 71,741, 71,741–
42 (December 3, 2014) (‘‘Non-Oriented Electrical
Steel From the People’s Republic of China,
Germany, Japan, the Republic of Korea, Sweden,
and Taiwan’’). The orders define NOES as ‘‘coldrolled, flat-rolled, alloy steel products, whether or
not in coils, regardless of width, having an actual
thickness of 0.20 mm or more, in which the core
loss is substantially equal in any direction of
magnetization in the plane of the material. The term
‘substantially equal’ means that the cross grain
direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of
core loss. NOES has a magnetic permeability that
does not exceed 1.65 Tesla when tested at a field
of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the sheet (i.e.,
B800 value). NOES contains by weight more than
1.00 percent of silicon but less than 3.5 percent of
silicon, not more than 0.08 percent of carbon, and
not more than 1.5 percent of aluminum. NOES has
a surface oxide coating, to which an insulation
coating may be applied.’’
Width less than or
equal to 150mm.
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Width of 150 to
330mm.
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Flatness of less than
0.2% of nominal
strip width.
Flatness of less than
5 mm of nominal
strip width.
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Scope of the Order: PRC
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Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices
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 crosssection 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 nonrectangular 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 order 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, high strength
low alloy (HSLA) steels, motor
lamination steels, Advanced High
Strength Steels (AHSS), and Ultra High
Strength Steels (UHSS). IF steels are
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19:10 Jul 13, 2016
Jkt 238001
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.
Motor lamination steels contain microalloying levels of elements such as
silicon and aluminum. AHSS and UHSS
are considered high tensile strength and
high elongation steels, although AHSS
and UHSS are covered whether or not
they are high tensile strength or high
elongation steels.
Subject merchandise includes coldrolled 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 order if performed in the country
of manufacture of the cold-rolled 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 order
unless specifically excluded. The
following products are outside of and/
or specifically excluded from the scope
of this order:
• Ball bearing steels; 9
• Tool steels; 10
• Silico-manganese steel; 11
• Grain-oriented electrical steels
(GOES) as defined in the final
determination of the U.S. Department of
9 Ball bearing steels are defined as steels which
contain, in addition to iron, each of the following
elements by weight in the amount specified: (i) Not
less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent
of manganese; (iii) none, or not more than 0.03
percent of sulfur; (iv) none, or not more than 0.03
percent of phosphorus; (v) not less than 0.18 nor
more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii)
none, or not more than 0.28 percent of nickel; (viii)
none, or not more than 0.38 percent of copper; and
(ix) none, or not more than 0.09 percent of
molybdenum.
10 Tool steels are defined as steels which contain
the following combinations of elements in the
quantity by weight respectively indicated: (i) More
than 1.2 percent carbon and more than 10.5 percent
chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent
chromium; or (iii) not less than 0.85 percent carbon
and 1 percent to 1.8 percent, inclusive, manganese;
or (iv) 0.9 percent to 1.2 percent, inclusive,
chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi)
not less than 0.5 percent carbon and not less than
5.5 percent tungsten.
11 Silico-manganese steel is defined as steels
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
PO 00000
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Commerce in Grain-Oriented Electrical
Steel From Germany, Japan, and
Poland.12
• Non-Oriented Electrical Steels
(NOES), as defined in the antidumping
orders issued by the U.S. Department of
Commerce in Non-Oriented Electrical
Steel From the People’s Republic of
China, Germany, Japan, the Republic of
Korea, Sweden, and Taiwan.13
The products subject to this order are
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item numbers:
7209.15.0000, 7209.16.0030,
7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030,
7209.17.0060, 7209.17.0070,
7209.17.0091, 7209.18.1530,
7209.18.1560, 7209.18.2510,
7209.18.2520, 7209.18.2580,
7209.18.6020, 7209.18.6090,
7209.25.0000, 7209.26.0000,
7209.27.0000, 7209.28.0000,
7209.90.0000, 7210.70.3000,
7211.23.1500, 7211.23.2000,
7211.23.3000, 7211.23.4500,
7211.23.6030, 7211.23.6060,
7211.23.6090, 7211.29.2030,
7211.29.2090, 7211.29.4500,
7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000,
7212.40.5000, 7225.50.6000,
7225.50.8080, 7225.99.0090,
7226.92.5000, 7226.92.7050, and
7226.92.8050. The products subject to
the order may also enter under the
12 See Grain-Oriented Electrical Steel From
Germany, Japan, and Poland: Final Determinations
of Sales at Less Than Fair Value and Certain Final
Affirmative Determination of Critical
Circumstances, 79 FR 42501, 42503 (Dep’t of
Commerce, July 22, 2014). This determination
defines grain-oriented electrical steel as ‘‘a flatrolled alloy steel product containing by weight at
least 0.6 percent but not more than 6 percent of
silicon, not more than 0.08 percent of carbon, not
more than 1.0 percent of aluminum, and no other
element in an amount that would give the steel the
characteristics of another alloy steel, in coils or in
straight lengths.’’
13 See Non-Oriented Electrical Steel From the
People’s Republic of China, Germany, Japan, the
Republic of Korea, Sweden, and Taiwan:
Antidumping Duty Orders, 79 FR 71741, 71741–42
(Dep’t of Commerce, December 3, 2014). The orders
define NOES as ‘‘cold-rolled, flat-rolled, alloy steel
products, whether or not in coils, regardless of
width, having an actual thickness of 0.20 mm or
more, in which the core loss is substantially equal
in any direction of magnetization in the plane of the
material. The term ‘substantially equal’ means that
the cross grain direction of core loss is no more than
1.5 times the straight grain direction (i.e., the rolling
direction) of core loss. NOES has a magnetic
permeability that does not exceed 1.65 Tesla when
tested at a field of 800 A/m (equivalent to 10
Oersteds) along (i.e., parallel to) the rolling
direction of the sheet (i.e., B800 value). NOES
contains by weight more than 1.00 percent of
silicon but less than 3.5 percent of silicon, not more
than 0.08 percent of carbon, and not more than 1.5
percent of aluminum. NOES has a surface oxide
coating, to which an insulation coating may be
applied.’’
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Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices
following HTSUS numbers:
7210.90.9000, 7212.50.0000,
7215.10.0010, 7215.10.0080,
7215.50.0016, 7215.50.0018,
7215.50.0020, 7215.50.0061,
7215.50.0063, 7215.50.0065,
7215.50.0090, 7215.90.5000,
7217.10.1000, 7217.10.2000,
7217.10.3000, 7217.10.7000,
7217.90.1000, 7217.90.5030,
7217.90.5060, 7217.90.5090,
7225.19.0000, 7226.19.1000,
7226.19.9000, 7226.99.0180,
7228.50.5015, 7228.50.5040,
7228.50.5070, 7228.60.8000, and
7229.90.1000.
The HTSUS subheadings above are
provided for convenience and U.S.
Customs purposes only. The written
description of the scope of the order is
dispositive.
mstockstill on DSK3G9T082PROD with NOTICES2
Antidumping Duty Order
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC has notified the Department of its
final determination in this investigation,
in which it found that imports of certain
cold-rolled steel flat products from
Japan and the PRC are materially
injuring a U.S. industry.14 Therefore, in
accordance with section 735(c)(2) of the
Act, we are publishing these
antidumping duty orders. Because the
ITC determined that imports of certain
cold-rolled steel flat products from
Japan and the PRC are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from Japan
and the PRC, entered or withdrawn from
warehouse for consumption, are subject
to the assessment of antidumping
duties.
As a result of the ITC’s final
determination, in accordance with
section 736(a)(1) of the Act, the
Department will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by the
Department, antidumping duties equal
to the amount by which the normal
value of the merchandise exceeds the
export price (or constructed export
price) of the merchandise, for all
relevant entries of certain cold-rolled
steel flat products from Japan and the
PRC. These antidumping duties will be
assessed on unliquidated entries from
Japan and the PRC entered, or
withdrawn from warehouse, for
consumption on or after March 7, 2016,
the date on which the Department
published the Preliminary
Determinations,15 but will not include
14 See
ITC Letter.
Certain Cold-Rolled Steel Flat Products
From Japan: Affirmative Preliminary Determination
of Sales at Less Than Fair Value and Preliminary
15 See
VerDate Sep<11>2014
19:10 Jul 13, 2016
Jkt 238001
entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
injury determination, as further
described below.
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on entries of subject merchandise from
Japan and the PRC. We will also instruct
CBP to require cash deposits equal to
the estimated amount by which the
normal value exceeds the U.S. price as
indicated in the chart below, adjusted
where appropriate for export subsidies
and estimated domestic subsidy passthrough.16 These instructions
suspending liquidation will remain in
effect until further notice.
We will also instruct CBP to require
cash deposits at rates equal to the
estimated weighted-average dumping
margins indicated below. Accordingly,
effective on the date of publication of
the ITC’s final affirmative injury
determinations, CBP will require, at the
same time as importers would normally
deposit estimated duties on this subject
merchandise, a cash deposit at rates
equal to the estimated weighted-average
dumping margins listed below.17 The
relevant all-others rate (for Japan) or the
rate for the PRC-wide entity (for the
PRC), as applicable, apply to all
producers or exporters not specifically
listed. For the purpose of determining
cash deposit rates, the estimated
weighted-average dumping margins for
imports of subject merchandise from the
PRC will be adjusted, as appropriate, for
export subsidies found in the final
determination of the companion
countervailing duty investigation of this
merchandise imported from the PRC.18
Affirmative Determination of Critical
Circumstances, 81 FR 11747 (March 7, 2016);
Antidumping Duty Investigation of Certain ColdRolled Steel Flat Products From the People’s
Republic of China: Affirmative Preliminary
Determination of Sales at Less Than Fair Value,
and Preliminary Affirmative Determination of
Critical Circumstances, 71 FR 11751 (March 7,
2016) (collectively, Preliminary Determinations).
16 See PRC Final Determination, 81 FR at 32726
(describing the adjustments to the antidumping
duty margins in more detail); see also sections
772(c)(1)(C) and 777A(f) of the Act, respectively.
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, e.g., 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.
17 See section 736(a)(3) of the Act.
18 See Certain Cold-Rolled Steel Flat Products
From the People’s Republic of China: Final
PO 00000
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Fmt 4701
Sfmt 4703
45959
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. In the underlying investigation,
the Department published the
Preliminary Determinations on March 7,
2016.19 Therefore, the four-month
period beginning on the date of the
publication of the Preliminary
Determinations ended on July 4, 2016.
Furthermore, section 737(b) of the Act
states that definitive duties are to begin
on the date of publication of the ITC’s
final injury determination. Therefore, in
accordance with section 733(d) of the
Act and our practice, we will instruct
CBP to terminate the suspension of
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of certain coldrolled steel flat products from Japan and
the PRC entered, or withdrawn from
warehouse, for consumption after July 4,
2016, the date the provisional measures
expired, and through the day preceding
the date of publication of the ITC’s final
injury determination in the Federal
Register.
Estimated Weighted-Average Dumping
Margin
The weighted-average antidumping
duty margin percentages are as follows:
Exporter/producer
Japan:
JFE Steel Corporation ............
Nippon Steel & Sumitomo
Metal Corporation ................
All-Others ....................................
PRC:
PRC-Wide Entity .....................
Weightedaverage
margin
(percent)
71.35
71.35
71.35
265.79
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of certain cold-rolled steel from
Japan and the PRC, we will instruct CBP
to lift suspension and to refund any
cash deposit made to secure the
payment of estimated antidumping
duties with respect to entries of the
merchandise entered, or withdrawn
from warehouse, for consumption on or
Affirmative Countervailing Duty Determination and
Final Partial Affirmative Critical Circumstances
Determination, 81 FR 32729 (May 24, 2016).
19 See Preliminary Determinations.
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45960
Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices
after December 8, 2015 (i.e., 90 days
prior to the date of publication of the
preliminary determinations), but before
March 7, 2016, the publication date of
the preliminary determinations.
Notification to Interested Parties
This notice constitutes the
antidumping duty orders with respect to
certain cold-rolled steel flat products
from Japan and the PRC pursuant to
section 736(a) of the Act. Interested
parties can find a list of antidumping
duty orders currently in effect at https://
www.trade.gov/enforcement/.
These orders are published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: July 11, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2016–16798 Filed 7–13–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–030]
Certain Cold-Rolled Steel Flat Products
From the People’s Republic of China:
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing a
countervailing duty order on certain
cold-rolled steel flat products (coldrolled steel) from the People’s Republic
of China (PRC).
DATES: Effective Date: July 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas at (202) 482–3813 or
John Corrigan at (202) 482–7438, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
mstockstill on DSK3G9T082PROD with NOTICES2
Background
On May 24, 2016, the Department
published its final determination in the
countervailing duty investigation of
cold-rolled steel from the PRC.1 On July
1 See Certain Cold-Rolled Steel Flat Products
From the People’s Republic of China: Final
Affirmative Countervailing Duty Determination and
Final Partial Affirmative Critical Circumstances
VerDate Sep<11>2014
19:10 Jul 13, 2016
Jkt 238001
7, 2016, the ITC notified the Department
of its final determination pursuant to
section 705(b)(1)(A)(i) and section
705(d) of the Tariff Act of 1930, as
amended (Act), that an industry in the
United States is materially injured by
reason of subsidized imports of coldrolled steel from the PRC, and its
determination pursuant to section
705(b)(4)(A) of the Act that critical
circumstances do not exist with respect
to imports of subject merchandise from
the PRC that are subject to the
Department’s affirmative critical
circumstances finding, in part.2
Scope of the Order
The products covered by this order
are certain cold-rolled (cold-reduced),
flat-rolled steel products, whether or not
annealed, painted, varnished, or coated
with plastics or other non-metallic
substances. The products covered do
not include those that are clad, plated,
or coated with metal. The products
covered include coils that have a width
or other lateral measurement (‘‘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 crosssection 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
Determination, 81 FR 32729 (May 26, 2016) (Final
Determination).
2 See Letter to Christian Marsh, Deputy Assistant
Secretary of Commerce for Enforcement and
Compliance, from Irving A Williamson, Chairman
of the U.S. International Trade Commission,
regarding certain cold-rolled steel flat products
from China and Japan (July 7, 2016) (ITC Letter).
See also Cold-Rolled Steel Flat Products from China
and Japan (Investigation Nos. 701–TA–541 and
731–TA–1284 and 1286 (Final), USITC Publication
4619, July 2016) (Final).
PO 00000
Frm 00006
Fmt 4701
Sfmt 4703
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 nonrectangular 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 order 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, high strength
low alloy (HSLA) steels, motor
lamination steels, Advanced High
Strength Steels (AHSS), and Ultra High
Strength Steels (UHSS). 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.
Motor lamination steels contain microalloying levels of elements such as
silicon and aluminum. AHSS and UHSS
are considered high tensile strength and
high elongation steels, although AHSS
and UHSS are covered whether or not
they are high tensile strength or high
elongation steels.
Subject merchandise includes coldrolled 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
E:\FR\FM\14JYN2.SGM
14JYN2
]]>Agencies
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45955-45960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16798]
[[Page 45955]]
Vol. 81
Thursday,
No. 135
July 14, 2016
Part VII
Department of Commerce
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International Trade Administration
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Certain Cold-Rolled Steel Flat Products From Japan and the People's
Republic of China: Antidumping Duty Orders and Certain Cold-Rolled
Steel Flat Products From the People's Republic of China: Countervailing
Duty Order; Notices
Federal Register / Vol. 81 , No. 135 / Thursday, July 14, 2016 /
Notices
[[Page 45956]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-873, A-570-029]
Certain Cold-Rolled Steel Flat Products From Japan and the
People's Republic of China: Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing antidumping duty orders on certain cold-
rolled steel flat products from Japan and the People's Republic of
China (PRC).
DATES: Effective Date: July 14, 2016.
FOR FURTHER INFORMATION CONTACT: Trisha Tran at (202) 482-4852 (Japan),
Scott Hoefke at 202-482-4947 (PRC), AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue NW., Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on May 24, 2016,
the Department published the final determinations of sales at less than
fair value in the antidumping duty investigations of certain cold-
rolled steel flat products from Japan and the PRC.\1\ On July 7, 2016,
the ITC notified the Department of its final determination pursuant to
section 735(b)(1)(A)(i) of the Act, that an industry in the United
States is materially injured within the meaning of section
735(b)(1)(A)(i) of the Act by reason of imports of certain cold-rolled
steel flat products from Japan and the PRC.\2\ In addition, the ITC
notified the Department of its final determination that critical
circumstances do not exist with respect to imports of subject
merchandise from Japan and the PRC that are subject to the Department's
final affirmative critical circumstances findings.\3\
---------------------------------------------------------------------------
\1\ Certain Cold-Rolled Steel Flat Products From Japan: Final
Affirmative Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, 81 FR 32721
(May 24, 2016) (Final Determination) and accompanying Issues and
Decision Memorandum, see also Certain Cold-Rolled Steel Flat
Products from the People's Republic of China: Final Affirmative
Determination of Sales at Less Than Fair Value, and Final
Affirmative Determination of Critical Circumstances, 81 FR 32721
(May 24, 2016) (PRC Final Determination) 81 FR 32725 (May 24, 2016)
and accompanying Issues and Decision Memorandum.
\2\ See Letter to Christian Marsh, Deputy Assistant Secretary of
Commerce for Enforcement and Compliance, from Irving A. Williamson,
Chairman of the U.S. International Trade Commission, regarding
certain cold-rolled steel flat products from China and Japan (July
7, 2016) (ITC Letter). See also Cold-Rolled Steel Flat Products from
China and Japan (Investigation Nos. 701-TA-541 and 731-TA-1284 and
1286 (Final), USITC Publication 4619, July 2016) (Final).
\3\ Id.
---------------------------------------------------------------------------
Scope of the Order: Japan
The products covered by this order are certain cold-rolled (cold-
reduced), flat-rolled steel products, whether or not annealed, painted,
varnished, or coated with plastics or other non-metallic substances.
The products covered do not include those that are clad, plated, or
coated with metal. The products covered include coils that have a width
or other lateral measurement (``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 order 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, high strength low alloy (``HSLA'') steels, motor
lamination steels, Advanced High Strength Steels (``AHSS''), and Ultra
High Strength Steels (``UHSS''). 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. Motor
lamination steels contain micro-alloying levels of elements such as
silicon and aluminum. AHSS and UHSS are considered high tensile
strength and high elongation steels, although AI-ISS and UHSS are
covered whether or not they are high tensile strength or high
elongation steels.
Subject merchandise includes cold-rolled 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 order if
performed in the country of manufacture of the cold-rolled 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 order unless
specifically excluded. The following products are outside of and/or
specifically excluded from the scope of this order:
Ball bearing steels; \4\
---------------------------------------------------------------------------
\4\ Ball bearing steels are defined as steels which contain, in
addition to iron, each of the following elements by weight in the
amount specified: (i) Not less than 0.95 nor more than 1.13 percent
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv)
none, or not more than 0.03 percent of phosphorus; (v) not less than
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25
nor more than 1.65 percent of chromium; (vii) none, or not more than
0.28 percent of nickel; (viii) none, or not more than 0.38 percent
of copper; and (ix) none, or not more than 0.09 percent of
molybdenum.
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[[Page 45957]]
Tool steels; \5\
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\5\ Tool steels are defined as steels which contain the
following combinations of elements in the quantity by weight
respectively indicated: (i) More than 1.2 percent carbon and more
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent chromium; or
(iii) not less than 0.85 percent carbon and 1 percent to 1.8
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent,
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon and not less
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent
carbon and not less than 5.5 percent tungsten.
---------------------------------------------------------------------------
Silico-manganese steel; \6\
---------------------------------------------------------------------------
\6\ Silico-manganese steel is defined as steels containing by
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or
more but not more than 1.9 percent of manganese, and (iii) 0.6
percent or more but not more than 2.3 percent of silicon.
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Grain-oriented electrical steels (``GOES'') as defined in
the final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel From Germany, Japan, and Poland.\7\
---------------------------------------------------------------------------
\7\ See Grain-Oriented Electrical Steel From Germany, Japan, and
Poland: Final Determinations of Sales at Less Than Fair Value and
Certain Final Affirmative Determination of Critical Circumstances,
79 FR 42,501, 42,503 (July 22, 2014) (``Grain-Oriented Electrical
Steel From Germany, Japan, and Poland''). This determination defines
grain-oriented electrical steel as ``a flat-rolled alloy steel
product containing by weight at least 0.6 percent but not more than
6 percent of silicon, not more than 0.08 percent of carbon, not more
than 1.0 percent of aluminum, and no other element in an amount that
would give the steel the characteristics of another alloy steel, in
coils or in straight lengths.''
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Non-Oriented Electrical Steels (``NOES''), as defined in
the antidumping orders issued by the U.S. Department of Commerce in
Non-Oriented Electrical Steel From the People's Republic of China,
Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\8\
---------------------------------------------------------------------------
\8\ See Non-Oriented Electrical Steel From the People's Republic
of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan:
Antidumping Duty Orders, 79 FR 71,741, 71,741-42 (December 3, 2014)
(``Non-Oriented Electrical Steel From the People's Republic of
China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan'').
The orders define NOES as ``cold-rolled, flat-rolled, alloy steel
products, whether or not in coils, regardless of width, having an
actual thickness of 0.20 mm or more, in which the core loss is
substantially equal in any direction of magnetization in the plane
of the material. The term `substantially equal' means that the cross
grain direction of core loss is no more than 1.5 times the straight
grain direction (i.e., the rolling direction) of core loss. NOES has
a magnetic permeability that does not exceed 1.65 Tesla when tested
at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the sheet (i.e., B800 value).
NOES contains by weight more than 1.00 percent of silicon but less
than 3.5 percent of silicon, not more than 0.08 percent of carbon,
and not more than 1.5 percent of aluminum. NOES has a surface oxide
coating, to which an insulation coating may be applied.''
Also excluded from the scope of this order is ultra-tempered automotive
steel, which is hardened, tempered, surface polished, and meets the
following specifications:
Thickness: less than or equal to 1.0 mm;
Width: less than or equal to 330 mm;
Chemical composition:
----------------------------------------------------------------------------------------------------------------
Element C Si Mn P S
----------------------------------------------------------------------------------------------------------------
Weight %............. 0.90-1.05 0.15-0.35 0.30-0.50 Less than or equal Less than or equal
to 0.03. to 0.006.
----------------------------------------------------------------------------------------------------------------
Physical properties:
Width less than or equal to 150mm......... Flatness of less than 0.2%
of nominal strip width.
Width of 150 to 330mm..................... Flatness of less than 5 mm
of nominal strip width.
Microstructure: Completely free from decarburization.
Carbides are spheroidal and fine within 1% to 4% (area percentage) and
are undissolved in the uniform tempered martensite;
Surface roughness: Less than or equal to 0.80 [micro]m Rz;
Non-metallic inclusion:
[ssquf] Sulfide inclusion less than or equal to 0.04% (area
percentage)
[ssquf] Oxide inclusion less than or equal to 0.05% (area
percentage); and
The mill test certificate must demonstrate that the steel
is proprietary grade ``PK'' and specify the following:
[ssquf] The exact tensile strength, which must be greater than or
equal to 1600 N/mm\2\;
[ssquf] The exact hardness, which must be greater than or equal to
465 Vickers hardness number;
[ssquf] The exact elongation, which must be between 2.5% and 9.5%;
and
[ssquf] Certified as having residual compressive stress within a
range of 100 to 400 N/mm\2\.
The products subject to this order are currently classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') under item
numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091,
7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580,
7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000,
7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000,
7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090,
7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080,
7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The
products subject to the order may also enter under the following HTSUS
numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080,
7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063,
7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000,
7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180,
7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and
7229.90.1000.
The HTSUS subheadings above are provided for convenience and CBP
purposes only. The written description of the scope of the order is
dispositive.
Scope of the Order: PRC
The products covered by this order are certain cold-rolled (cold-
reduced), flat-rolled steel products, whether or not annealed, painted,
varnished, or coated with plastics or other non-metallic substances.
The products covered do not include those that are clad, plated, or
coated with metal. The products covered include coils that have a width
or other lateral measurement (``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.,
[[Page 45958]]
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 order 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, high strength low alloy (HSLA) steels, motor lamination
steels, Advanced High Strength Steels (AHSS), and Ultra High Strength
Steels (UHSS). 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. Motor lamination
steels contain micro-alloying levels of elements such as silicon and
aluminum. AHSS and UHSS are considered high tensile strength and high
elongation steels, although AHSS and UHSS are covered whether or not
they are high tensile strength or high elongation steels.
Subject merchandise includes cold-rolled 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 order if
performed in the country of manufacture of the cold-rolled 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 order unless
specifically excluded. The following products are outside of and/or
specifically excluded from the scope of this order:
Ball bearing steels; \9\
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\9\ Ball bearing steels are defined as steels which contain, in
addition to iron, each of the following elements by weight in the
amount specified: (i) Not less than 0.95 nor more than 1.13 percent
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv)
none, or not more than 0.03 percent of phosphorus; (v) not less than
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25
nor more than 1.65 percent of chromium; (vii) none, or not more than
0.28 percent of nickel; (viii) none, or not more than 0.38 percent
of copper; and (ix) none, or not more than 0.09 percent of
molybdenum.
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Tool steels; \10\
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\10\ Tool steels are defined as steels which contain the
following combinations of elements in the quantity by weight
respectively indicated: (i) More than 1.2 percent carbon and more
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent chromium; or
(iii) not less than 0.85 percent carbon and 1 percent to 1.8
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent,
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon and not less
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent
carbon and not less than 5.5 percent tungsten.
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Silico-manganese steel; \11\
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\11\ Silico-manganese steel is defined as steels containing by
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or
more but not more than 1.9 percent of manganese, and (iii) 0.6
percent or more but not more than 2.3 percent of silicon.
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Grain-oriented electrical steels (GOES) as defined in the
final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel From Germany, Japan, and Poland.\12\
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\12\ See Grain-Oriented Electrical Steel From Germany, Japan,
and Poland: Final Determinations of Sales at Less Than Fair Value
and Certain Final Affirmative Determination of Critical
Circumstances, 79 FR 42501, 42503 (Dep't of Commerce, July 22,
2014). This determination defines grain-oriented electrical steel as
``a flat-rolled alloy steel product containing by weight at least
0.6 percent but not more than 6 percent of silicon, not more than
0.08 percent of carbon, not more than 1.0 percent of aluminum, and
no other element in an amount that would give the steel the
characteristics of another alloy steel, in coils or in straight
lengths.''
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Non-Oriented Electrical Steels (NOES), as defined in the
antidumping orders issued by the U.S. Department of Commerce in Non-
Oriented Electrical Steel From the People's Republic of China, Germany,
Japan, the Republic of Korea, Sweden, and Taiwan.\13\
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\13\ See Non-Oriented Electrical Steel From the People's
Republic of China, Germany, Japan, the Republic of Korea, Sweden,
and Taiwan: Antidumping Duty Orders, 79 FR 71741, 71741-42 (Dep't of
Commerce, December 3, 2014). The orders define NOES as ``cold-
rolled, flat-rolled, alloy steel products, whether or not in coils,
regardless of width, having an actual thickness of 0.20 mm or more,
in which the core loss is substantially equal in any direction of
magnetization in the plane of the material. The term `substantially
equal' means that the cross grain direction of core loss is no more
than 1.5 times the straight grain direction (i.e., the rolling
direction) of core loss. NOES has a magnetic permeability that does
not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent
to 10 Oersteds) along (i.e., parallel to) the rolling direction of
the sheet (i.e., B800 value). NOES contains by weight more than 1.00
percent of silicon but less than 3.5 percent of silicon, not more
than 0.08 percent of carbon, and not more than 1.5 percent of
aluminum. NOES has a surface oxide coating, to which an insulation
coating may be applied.''
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The products subject to this order are currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091,
7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580,
7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000,
7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000,
7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090,
7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080,
7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The
products subject to the order may also enter under the
[[Page 45959]]
following HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010,
7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061,
7215.50.0063, 7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000,
7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030,
7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000,
7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000,
and 7229.90.1000.
The HTSUS subheadings above are provided for convenience and U.S.
Customs purposes only. The written description of the scope of the
order is dispositive.
Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC has notified the Department of its final determination in this
investigation, in which it found that imports of certain cold-rolled
steel flat products from Japan and the PRC are materially injuring a
U.S. industry.\14\ Therefore, in accordance with section 735(c)(2) of
the Act, we are publishing these antidumping duty orders. Because the
ITC determined that imports of certain cold-rolled steel flat products
from Japan and the PRC are materially injuring a U.S. industry,
unliquidated entries of such merchandise from Japan and the PRC,
entered or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
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\14\ See ITC Letter.
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As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, the Department will direct U.S. Customs
and Border Protection (CBP) to assess, upon further instruction by the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise, for all relevant entries of certain
cold-rolled steel flat products from Japan and the PRC. These
antidumping duties will be assessed on unliquidated entries from Japan
and the PRC entered, or withdrawn from warehouse, for consumption on or
after March 7, 2016, the date on which the Department published the
Preliminary Determinations,\15\ but will not include entries occurring
after the expiration of the provisional measures period and before
publication of the ITC's final injury determination, as further
described below.
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\15\ See Certain Cold-Rolled Steel Flat Products From Japan:
Affirmative Preliminary Determination of Sales at Less Than Fair
Value and Preliminary Affirmative Determination of Critical
Circumstances, 81 FR 11747 (March 7, 2016); Antidumping Duty
Investigation of Certain Cold-Rolled Steel Flat Products From the
People's Republic of China: Affirmative Preliminary Determination of
Sales at Less Than Fair Value, and Preliminary Affirmative
Determination of Critical Circumstances, 71 FR 11751 (March 7, 2016)
(collectively, Preliminary Determinations).
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on entries of subject
merchandise from Japan and the PRC. We will also instruct CBP to
require cash deposits equal to the estimated amount by which the normal
value exceeds the U.S. price as indicated in the chart below, adjusted
where appropriate for export subsidies and estimated domestic subsidy
pass-through.\16\ These instructions suspending liquidation will remain
in effect until further notice.
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\16\ See PRC Final Determination, 81 FR at 32726 (describing the
adjustments to the antidumping duty margins in more detail); see
also sections 772(c)(1)(C) and 777A(f) of the Act, respectively.
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, e.g., 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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We will also instruct CBP to require cash deposits at rates equal
to the estimated weighted-average dumping margins indicated below.
Accordingly, effective on the date of publication of the ITC's final
affirmative injury determinations, CBP will require, at the same time
as importers would normally deposit estimated duties on this subject
merchandise, a cash deposit at rates equal to the estimated weighted-
average dumping margins listed below.\17\ The relevant all-others rate
(for Japan) or the rate for the PRC-wide entity (for the PRC), as
applicable, apply to all producers or exporters not specifically
listed. For the purpose of determining cash deposit rates, the
estimated weighted-average dumping margins for imports of subject
merchandise from the PRC will be adjusted, as appropriate, for export
subsidies found in the final determination of the companion
countervailing duty investigation of this merchandise imported from the
PRC.\18\
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\17\ See section 736(a)(3) of the Act.
\18\ See Certain Cold-Rolled Steel Flat Products From the
People's Republic of China: Final Affirmative Countervailing Duty
Determination and Final Partial Affirmative Critical Circumstances
Determination, 81 FR 32729 (May 24, 2016).
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. In the underlying investigation, the Department published the
Preliminary Determinations on March 7, 2016.\19\ Therefore, the four-
month period beginning on the date of the publication of the
Preliminary Determinations ended on July 4, 2016. Furthermore, section
737(b) of the Act states that definitive duties are to begin on the
date of publication of the ITC's final injury determination. Therefore,
in accordance with section 733(d) of the Act and our practice, we will
instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of certain cold-rolled steel flat products from Japan and the PRC
entered, or withdrawn from warehouse, for consumption after July 4,
2016, the date the provisional measures expired, and through the day
preceding the date of publication of the ITC's final injury
determination in the Federal Register.
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\19\ See Preliminary Determinations.
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Estimated Weighted-Average Dumping Margin
The weighted-average antidumping duty margin percentages are as
follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer margin
(percent)
------------------------------------------------------------------------
Japan:
JFE Steel Corporation..................................... 71.35
Nippon Steel & Sumitomo Metal Corporation................. 71.35
All-Others.................................................. 71.35
PRC:
PRC-Wide Entity........................................... 265.79
------------------------------------------------------------------------
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of certain cold-rolled steel from Japan and
the PRC, we will instruct CBP to lift suspension and to refund any cash
deposit made to secure the payment of estimated antidumping duties with
respect to entries of the merchandise entered, or withdrawn from
warehouse, for consumption on or
[[Page 45960]]
after December 8, 2015 (i.e., 90 days prior to the date of publication
of the preliminary determinations), but before March 7, 2016, the
publication date of the preliminary determinations.
Notification to Interested Parties
This notice constitutes the antidumping duty orders with respect to
certain cold-rolled steel flat products from Japan and the PRC pursuant
to section 736(a) of the Act. Interested parties can find a list of
antidumping duty orders currently in effect at https://www.trade.gov/enforcement/.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: July 11, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-16798 Filed 7-13-16; 8:45 am]
BILLING CODE 3510-DS-P
