Certain Cold-Rolled Steel Flat Products From India: Final Determination of Sales at Less Than Fair Value, 49938-49940 [2016-17950]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 49938-49940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17950]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-865]


Certain Cold-Rolled Steel Flat Products From India: Final 
Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``the Department'') determines 
that imports of certain cold-rolled steel flat products (``cold-rolled 
steel'') from India are being, or are likely to be, sold in the United 
States at less than fair value (``LTFV''). The final estimated 
weighted-average dumping margins of sales at LTFV are listed below in 
the section entitled ``Final Determination Margins.'' The period of 
investigation (``POI'') is July 1, 2014, through June 30, 2015.

DATES: Effective July 29, 2016.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
0989.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published in the Federal Register the preliminary 
determination on March 7, 2016.\1\ A summary of the events that have 
occurred since the Department published the Preliminary Determination, 
as well as a full discussion of the issues raised by parties for this 
final determination, may be found in the Issues and Decision 
Memorandum.\2\ The Issues and Decision Memorandum is a public document 
and is on file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and is available to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://enforcement.trade.gov. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.
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    \1\ See Certain Cold-Rolled Steel Flat Products From India: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination and Extension of 
Provisional Measures, 81 FR 11741 (March 7, 2016) (``Preliminary 
Determination'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
``Certain Cold-Rolled Steel Flat Products from India: Issues and 
Decision Memorandum for the Final Determination of Sales at Less-
Than-Fair-Value,'' dated concurrently with this notice (``Issues and 
Decision Memorandum'').
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Scope of the Investigation

    The products covered by this investigation are cold-rolled steel 
from India. For a full description of the scope of the investigation, 
see Appendix I to this notice.

Scope Comments

    In accordance with the Preliminary Scope Determination,\3\ the 
Department set aside a period of time for parties to address scope 
issues in case briefs or other written comments on scope issues.
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    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Cold-Rolled Steel Flat Products from Brazil, the People's 
Republic of China, India, Japan, the Republic of Korea, the Russian 
Federation, and the United Kingdom: Scope Comments Decision 
Memorandum for the Preliminary Determination,'' dated February 29, 
2016 (``Preliminary Scope Decision Memorandum'').
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    For a summary of the product coverage comments and rebuttal 
responses submitted on the records of the cold-rolled steel 
investigations, and accompanying discussion and analysis of all 
comments timely received, see the Final Scope Decision Memorandum.\4\ 
The Final Scope Decision Memorandum is incorporated by, and hereby 
adopted by, this notice.
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    \4\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Cold-Rolled Steel Flat Products from Brazil, the People's 
Republic of China, India, Japan, the Republic of Korea, the Russian 
Federation, and the United Kingdom: Final Scope Comments Decision 
Memorandum,'' dated May 16, 2016 (``Final Scope Decision 
Memorandum'').
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in the Issues 
and Decision Memorandum accompanying this notice, and which is hereby 
adopted by this notice. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice at Appendix II.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the ``Act''), in February and March 2016, the Department verified the 
sales and cost data reported by the collapsed entity JSW Steel Limited 
(``JSWSL'')/JSW

[[Page 49939]]

Coated Products Limited (``JSCPL'') (collectively ``JSW''),the sole 
mandatory respondent in this investigation, pursuant to section 782(i) 
of the Act. We used standard verification procedures, including an 
examination of relevant accounting and production records, and original 
source documents provided by JSW.

Changes to the Dumping Margin Calculations Since the Preliminary 
Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculation for 
JSW. For a discussion of these changes, see the Issues and Decision 
Memorandum. We have also revised the all-others rate.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all-
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis dumping margins, and any dumping margins determined entirely 
under section 776 of the Act. We based our calculation of the ``all-
others'' rate on the dumping margin calculated for JSW, the only 
mandatory respondent in this investigation.

Final Determination Margins

    The Department determines that the following estimated weighted-
average dumping margin exists:

------------------------------------------------------------------------
                                   Weighted-average
      Exporter/Manufacturer         dumping margins    Cash deposit rate
                                       (percent)           (percent)
------------------------------------------------------------------------
JSW Steel Limited/JSW Coated                    7.60                6.70
 Products Limited...............
All-Others......................                7.60                6.70
------------------------------------------------------------------------

Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed for this final determination within five days of 
the date of public announcement of our final determination, in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, the Department will 
instruct U.S. Customs and Border Protection (``CBP'') to continue to 
suspend liquidation of all entries of cold-rolled steel from India 
which were entered, or withdrawn from warehouse, for consumption on or 
after March 7, 2016, the date of publication of the Preliminary 
Determination. We also will instruct CBP to require a cash deposit 
equal to the weighted-average amount by which normal value exceeds U.S. 
price, as indicated in the table above, adjusted, where appropriate, 
for export subsidies.
    Where the product under investigation is also subject to a 
concurrent countervailing duty investigation, we instruct CBP to 
require a cash deposit less the amount of the countervailing duty 
determined to constitute any export subsidies. Therefore, in the event 
that a countervailing duty order is issued and suspension of 
liquidation is resumed in the companion countervailing duty 
investigation on cold-rolled steel from India, the Department will 
instruct CBP to require cash deposits adjusted by the amount of export 
subsidies, as appropriate. These adjustments are reflected in the final 
column of the rate chart, above. Until such suspension of liquidation 
is resumed in the companion countervailing duty investigation, and so 
long as suspension of liquidation continues under this antidumping duty 
investigation, the cash deposit rates for this antidumping duty 
investigation will be the rates identified in the weighted-average 
margin column in the rate chart, above.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (``ITC'') of our final 
determination. As our final determination is affirmative, in accordance 
with section 735(b)(2) of the Act, the ITC will determine within 45 
days of the final determination whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports, or sales (or the likelihood of sales) for 
importation, of the subject merchandise. If the ITC determines that 
such injury exists, the Department will issue an antidumping duty order 
directing CBP to assess, upon further instruction by the Department, 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Notification Regarding Administrative Protective Orders (``APOs'')

    This notice will serve as a reminder to parties subject to APOs of 
their responsibility concerning the disposition of proprietary 
information disclosed under APO in accordance with 19 CFR 
351.305(a)(3). Timely written notification of the destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    This determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act.

    Dated: July 20, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation 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

[[Page 49940]]

scope if application of either the nominal or actual measurement 
would place it within the scope based on the definitions set forth 
above, and
    (2) where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.
    Steel products included in the scope of this investigation are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; (2) the carbon content is 2 percent or 
less, by weight; and (3) none of the elements listed below exceeds 
the quantity, by weight, respectively indicated:

 2.50 percent of manganese, or
 3.30 percent of silicon, or
 1.50 percent of copper, or
 1.50 percent of aluminum, or
 1.25 percent of chromium, or
 0.30 percent of cobalt, or
 0.40 percent of lead, or
 2.00 percent of nickel, or
 0.30 percent of tungsten (also called wolfram), or
 0.80 percent of molybdenum, or
 0.10 percent of niobium (also called columbium), or
 0.30 percent of vanadium, or
 0.30 percent of zirconium

    Unless specifically excluded, products are included in this 
scope regardless of levels of boron and titanium.
    For example, specifically included in this scope are vacuum 
degassed, fully stabilized (commonly referred to as interstitial-
free (IF)) steels, 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 investigation 
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 
investigation unless specifically excluded. The following products 
are outside of and/or specifically excluded from the scope of this 
investigation:
     Ball bearing steels; \5\
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    \5\ 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; \6\
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    \6\ 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;\7\
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    \7\ 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.\8\
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    \8\ 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 (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.\9\
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    \9\ 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 (Dec. 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 investigation 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 investigation 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 
U.S. Customs purposes only. The written description of the scope of 
the investigation is dispositive.

Appendix II

List of Topics in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Discussion of the Issues:
    Comment 1: Duty Drawback Program
    Comment 2: Date of Sale
    Comment 3: Quality Characteristics
    Comment 4: Advertising Expenses
    Comment 5: Overall Cost Reconciliation
    Comment 6: Affiliated Raw Material Purchases
    Comment 7: General and Administrative Expenses
V. Recommendation

[FR Doc. 2016-17950 Filed 7-28-16; 8:45 am]
 BILLING CODE 3510-DS-P