Certain Cold-Rolled Steel Flat Products From Brazil: Final Determination of Sales at Less Than Fair Value, 49946-49949 [2016-17951]
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49946
Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices
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; 7
• Tool steels; 8
• Silico-manganese steel; 9
• 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.10
asabaliauskas on DSK3SPTVN1PROD with NOTICES
7 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.
8 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.
9 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.
10 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 (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
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• Non-Oriented Electrical Steels (NOES),
as defined in the 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.11
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 this 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 customs
purposes only. The written description of the
scope of the investigation is dispositive.
[FR Doc. 2016–17939 Filed 7–28–16; 8:45 am]
BILLING CODE 3510–DS–P
no other element in an amount that would give the
steel the characteristics of another alloy steel, in
coils or in straight lengths.’’
11 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 (Dep’t of
Commerce, 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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DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–843]
Certain Cold-Rolled Steel Flat Products
From Brazil: Final Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that certain
cold-rolled steel flat products (coldrolled steel) from Brazil is being, or is
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation (POI) is July 1, 2014,
through June 30, 2015. The final
dumping margins of sales at LTFV are
listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective July 29, 2016.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–3477.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 7, 2016, the Department
published the Preliminary
Determination of this antidumping duty
(AD) investigation.1 On April 7, 2016,
we amended our Preliminary
Determination.2
The following events occurred since
the Amended Preliminary
Determination was issued. In June 2016,
U.S. Steel and Steel Dynamics, Inc.,3
and CSN submitted case briefs 4 and
rebuttal briefs.5
1 See Certain Cold-Rolled Steel Flat Products
From Brazil: Affirmative Preliminary Determination
of Sales at Less Than Fair Value, Postponement of
Final Determination and Extension of Provisional
Measures, 81 FR 11754 (March 7, 2016)
(Preliminary Determination).
2 See Certain Cold-Rolled Steel Flat Products
From Brazil: Amended Preliminary Determination
of Sales at Less Than Fair Value, 81 FR 20366
(April 7, 2016) (Amended Preliminary
Determination).
3 The petitioners in this case are AK Steel
Corporation (AK Steel), ArcelorMittal USA LLC,
Nucor Corporation, Steel Dynamics, Inc., and
United States Steel Corporation (collectively, the
petitioners).
4 See Letter from U.S. Steel, ‘‘Certain Cold-Rolled
Steel Flat Products From Brazil, Antidumping
Investigation: Case Brief’’ (June 17, 2016); Letter
from Steel Dynamics, Inc., ‘‘Certain Cold-Rolled
Steel Flat Products From Brazil,: SDI’s Case Brief’’
(June 17, 2016); Letter from CSN, ‘‘Certain ColdRolled Steel Flat Products from Brazil and Certain
Hot-Rolled Steel Flat Products from Brazil: CSN’s
Case Brief’’ (June 17, 2016).
5 See Letter from U.S. Steel, ‘‘Certain Cold-Rolled
Steel Flat Products From Brazil, Antidumping
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Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices
Scope of the Investigation
The products covered by this
investigation are cold-rolled steel from
Brazil. For a complete description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I of this notice.
Scope Comments
In accordance with the Preliminary
Scope Determination,6 the Department
set aside a period of time for parties to
address scope issues in case briefs or
other written comments on scope issues.
For a summary of the product
coverage comments and rebuttal
responses submitted to the record of the
cold-rolled steel investigations, and
accompanying discussion and analysis
of all comments timely received, see the
Final Scope Decision Memorandum.7
The Final Scope Decision Memorandum
is incorporated by, and hereby adopted
by, this notice.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum, which is
hereby adopted by this notice.8 A list of
the issues raised is attached to this
notice as Appendix II. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and it is available to all
parties in the Central Records Unit,
Room B–8024 of the main Department
of Commerce building. In addition, a
complete version of the Issues and
Investigation: Rebuttal Brief’’ (June 22, 2016); Letter
from CSN, ‘‘Certain Cold-Rolled Steel Flat Products
from Brazil: CSN’s Rebuttal Brief’’ (June 22, 2016).
6 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain ColdRolled Steel 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 Determinations’’ dated February
29, 2016 (Preliminary Scope Decision
Memorandum).
7 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Scope Comments
Decision Memorandum for the Final
Determinations’’ dated concurrently with this
notice.
8 See Memorandum to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations
‘‘Issues and Decision Memorandum for the Final
Determination of the Antidumping Duty
Investigation of Certain Cold-Rolled Steel Flat
Products from Brazil’’ (July 20, 2016) (Issues and
Decision Memorandum).
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Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in April and May 2016, the Department
verified the sales and cost data reported
by Companhia Siderurgica Nacional
(CSN), 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 the respondent.9
Use of Adverse Facts Available
The Department found in the
Preliminary Determination that
Usiminas Siderurgicas de Minas Gerais
S.A. (Usiminas) withheld requested
information, significantly impeded the
proceeding, and did not cooperate to the
best of its ability in responding to the
Department’s requests for information.10
Therefore, in accordance with sections
776(a)(2)(A) and (C) of the Act, 776(b) of
the Act, and 19 CFR 351.308(a), the
Department preliminarily determined
the weighted-average dumping margin
for Usiminas based on facts otherwise
available with an adverse inference and
preliminarily selected 35.43 percent as
the adverse facts-available dumping
margin for Usiminas, which is the
highest margin alleged in the petition.11
This rate was assigned to Usiminas
because Usiminas failed to respond to
sections B, C, and D of the Department’s
questionnaire in this investigation.12
The Department received no
comments regarding its preliminary
application of the adverse factsavailable dumping margin to Usiminas.
For the final determination, the
Department has not altered its analysis
Memoranda to the File: ‘‘Certain ColdRolled Steel Flat Products from Brazil: Sales
Verification Report for Companhia Siderugica
Nacional,’’ dated May 20, 2016; ‘‘Certain ColdRolled Steel Flat Products from Brazil: Sales
Verification Report for Companhia Siderugica
Nacional LLC USA,’’ dated June 2, 2016;
‘‘Verification of the Further Manufacturing
Response of Companhia Siderugica Nacional S.A.
in the Antidumping Duty Investigation of ColdRolled Steel Flat Products from Brazil,’’ dated June
3, 2016; and, ‘‘Verification of the Cost of Production
Response of Companhia Siderugica Nacional S.A.
in the Antidumping Duty Investigation of Certain
Cold-Rolled Steel Flat Products from Brazil,’’ dated
June 8, 2016.
10 See Preliminary Determination.
11 See Amended Preliminary Determination. See
also, Memorandum to the File entitled,
‘‘Corroboration of a Rate Based on Adverse Facts
Available,’’ dated April 1, 2016.
12 Id.
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9 See
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or decision to apply the adverse factsavailable dumping margin to Usiminas.
Changes Since the Preliminary
Determination
Based on our findings at verification
and our analysis of the comments
received, we made certain changes to
the margin calculations for CSN. For a
discussion of these changes, see the
‘‘Margin Calculations’’ and
‘‘Comparisons to Fair Value’’ sections of
the Issues and Decision Memorandum.
We have also revised the all-others rate.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
rate shall be an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero and de minimis margins, and any
margins determined entirely under
section 776 of the Act. For purposes of
this final determination, we are
assigning 14.43 percent as the ‘‘allothers’’ rate, which is based on the
estimated dumping margin calculated
for CSN, the only mandatory respondent
for which we calculated a dumping
margin.13
Final Determination
The Department determines that the
final weighted-average dumping
margins are as follows:
Exporter/
producer
Companhia
Siderurgica
Nacional ............
Usiminas
Siderurgicas de
Minas Gerais
S.A. (Usiminas)
All-Others ..............
Weightedaverage
dumping
margin
(percent)
Cash
deposit
rate
(percent)
14.43
10.34
35.43
14.43
31.66
10.34
Disclosure
We intend to disclose the calculations
performed to interested parties within
five days of the public announcement of
this final determination in accordance
with 19 CFR 351.224(b).
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
13 See Memorandum to the File, ‘‘Antidumping
Duty Investigation of Certain Cold-Rolled Steel Flat
Products from Brazil: Calculation of All-Others
Rate’’ (All-Others Rate Memorandum), dated July
20, 2016.
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Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 / Notices
will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
cold-rolled steel from Brazil, as
described in Appendix I of this notice,
which were entered, or withdrawn from
warehouse, for consumption on or after
March 7, 2016, the date of publication
of the Preliminary Determination of this
investigation in the Federal Register.
Further, the Department will instruct
CBP to require a cash deposit equal to
the estimated amount by which the
normal value exceeds the U.S. price as
shown above, adjusted where
appropriate for export subsidies found
in the final determination of the
companion countervailing duty
investigation. Consistent with our
longstanding practice, where the
product under investigation is also
subject to a concurrent countervailing
duty investigation, we instruct CBP to
require a cash deposit equal to the
amount by which the NV exceeds the
U.S. price, less the amount of the
countervailing duty determined to
constitute any export subsidies.14
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 flat
products from Brazil 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.15 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 weightedaverage margin column in the rate chart,
above.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission (ITC) of the final
affirmative determination of sales at
LTFV. Because the final determination
14 See, e.g., Welded Line Pipe From the Republic
of Turkey: Final Determination of Sales at Less
Than Fair Value, 80 FR 61362 (October 13, 2015)
and Notice of Final Determination of Sales at Less
Than Fair Value and Negative Critical
Circumstances Determination: Bottom Mount
Combination Refrigerator-Freezers From the
Republic of Korea, 77 FR 17413 (March 26, 2012).
15 See Countervailing Duty Investigation of
Certain Cold-Rolled Steel Flat Products From Brazil:
Final Affirmative, dated July 20, 2016; see also the
All-Others Rate Memorandum dated concurrently
with this notice.
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in this proceeding is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
cold-rolled steel from Brazil no later
than 45 days after our final
determination. If the ITC determines
that material injury or threat of material
injury does not exist, the proceeding
will be terminated and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, the
Department will issue an antidumping
duty order directing CBP to assess, upon
further instruction by the Department,
antidumping duties on all imports of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an Administrative
Protective Order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Dated: 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), flatrolled 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
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and include products of either rectangular or
non-rectangular cross-section where such
cross-section is achieved subsequent to the
rolling process, i.e., products which have
been ‘‘worked after rolling’’ (e.g., products
which have been beveled or rounded at the
edges). For purposes of the width and
thickness requirements referenced above:
(1) Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set forth
above, and
(2) where the width and thickness vary for
a specific product (e.g., the thickness of
certain products with non-rectangular crosssection, the width of certain products with
non-rectangular shape, etc.), the
measurement at its greatest width or
thickness applies.
Steel products included in the scope of this
investigation are products in which: (1) Iron
predominates, by weight, over each of the
other contained elements; (2) the carbon
content is 2 percent or less, by weight; and
(3) none of the elements listed below exceeds
the quantity, by weight, respectively
indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.00 percent of nickel, or
• 0.30 percent of tungsten (also called
wolfram), or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium
Unless specifically excluded, products are
included in this scope regardless of levels of
boron and titanium.
For example, specifically included in this
scope are vacuum degassed, fully stabilized
(commonly referred to as interstitial-free (IF))
steels, 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 microalloying 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
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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; 16
• Tool steels; 17
• Silico-manganese steel; 18
• 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.19
• Non-Oriented Electrical Steels (NOES),
as defined in the 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.20
asabaliauskas on DSK3SPTVN1PROD with NOTICES
16 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.
17 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.
18 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.
19 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 Fed. Reg. 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.’’
20 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, 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
VerDate Sep<11>2014
18:42 Jul 28, 2016
Jkt 238001
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 Discussed
in the Issues and Decision
Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Margin Calculations
5. Comparisons to Fair Value
6. List of Comments
7. Discussion of Comments
Comment 1: Duty Drawback
Comment 2: Affiliated Party Sales
Comment 3: Inventory Carrying Costs
Comment 4: Credit Revenue
Comment 5: Model Match
Comment 6: Whether to Exclude Work-InProcess Quantities from CSN LLC’s PerUnit Cost Calculations
Comment 7: Calculation of CSN LLC’s G&A
Expense Ratio
Comment 8: Whether to Use a
Consolidated or Non-Consolidated
Financial Expense Ratio
Comment 9: Financial Expense Ratio to be
applied to Further Manufacturing Costs
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.’’
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
49949
Comment 10: The Market Value for
Affiliated Energy Inputs
Comment 11: The Market Value for
Affiliated Rail Freight Inputs
Comment 12: The Market Value for
Affiliated Port Management Services
Comment 13: Whether to Include Certain
Expenses Recorded Directly to Cost of
Goods Sold (COGS)
Comment 14: Calculation of CSN’s G&A
Expense Ratio
8. Recommendation
[FR Doc. 2016–17951 Filed 7–28–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
University of Pittsburgh, et al.; Notice
of Decision on Application for DutyFree Entry of Scientific Instruments
This is a decision pursuant to Section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. L. 106–36; 80 Stat. 897; 15 CFR
part 301). Related records can be viewed
between 8:30 a.m. and 5:00 p.m. in
Room 3720, U.S. Department of
Commerce, 14th and Constitution Ave.
NW., Washington, DC.
Docket Number: 15–044. Applicant:
University of Pittsburgh, Pittsburgh, PA
15260. Instrument: Scios Dual Beam
Field Emission Scanning Electron
Microscope. Manufacturer: Scios, Czech
Republic. Intended Use: See notice at 81
FR 11517, March 4, 2016. Comments:
None received. Decision: Approved. We
know of no instruments of equivalent
scientific value to the foreign
instruments described below, for such
purposes as this is intended to be used,
that was being manufactured in the
United States at the time of order.
Reasons: The instrument will be used to
reveal the surface and sub-surface
microstructure metrics of structural
materials such as steels, Ni-based
superalloys, Al-, Ti-, Mn-base and other
specialty alloys, functional materials
based on ceramic, metal and
semiconducting thin films, particulates
and composites.
Docket Number: 15–049. Applicant:
University of Maryland College Park,
College Park, MD 20742. Instrument:
Laser lithography system Photonic
Professional GT and accessories.
Manufacturer: Nanoscribe GmbH,
Hermon Von Hermholtz Platz 1,
Germany. Intended Use: See notice at 81
FR 11517, March 4, 2016. Comments:
None received. Decision: Approved. We
know of no instruments of equivalent
scientific value to the foreign
instruments described below, for such
purposes as this is intended to be used,
E:\FR\FM\29JYN1.SGM
29JYN1
]]>Agencies
[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 49946-49949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17951]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-843]
Certain Cold-Rolled Steel Flat Products From Brazil: 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
certain cold-rolled steel flat products (cold-rolled steel) from Brazil
is being, or is likely to be, sold in the United States at less than
fair value (LTFV). The period of investigation (POI) is July 1, 2014,
through June 30, 2015. The final dumping margins of sales at LTFV are
listed below in the ``Final Determination'' section of this notice.
DATES: Effective July 29, 2016.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-3477.
SUPPLEMENTARY INFORMATION:
Background
On March 7, 2016, the Department published the Preliminary
Determination of this antidumping duty (AD) investigation.\1\ On April
7, 2016, we amended our Preliminary Determination.\2\
---------------------------------------------------------------------------
\1\ See Certain Cold-Rolled Steel Flat Products From Brazil:
Affirmative Preliminary Determination of Sales at Less Than Fair
Value, Postponement of Final Determination and Extension of
Provisional Measures, 81 FR 11754 (March 7, 2016) (Preliminary
Determination).
\2\ See Certain Cold-Rolled Steel Flat Products From Brazil:
Amended Preliminary Determination of Sales at Less Than Fair Value,
81 FR 20366 (April 7, 2016) (Amended Preliminary Determination).
---------------------------------------------------------------------------
The following events occurred since the Amended Preliminary
Determination was issued. In June 2016, U.S. Steel and Steel Dynamics,
Inc.,\3\ and CSN submitted case briefs \4\ and rebuttal briefs.\5\
---------------------------------------------------------------------------
\3\ The petitioners in this case are AK Steel Corporation (AK
Steel), ArcelorMittal USA LLC, Nucor Corporation, Steel Dynamics,
Inc., and United States Steel Corporation (collectively, the
petitioners).
\4\ See Letter from U.S. Steel, ``Certain Cold-Rolled Steel Flat
Products From Brazil, Antidumping Investigation: Case Brief'' (June
17, 2016); Letter from Steel Dynamics, Inc., ``Certain Cold-Rolled
Steel Flat Products From Brazil,: SDI's Case Brief'' (June 17,
2016); Letter from CSN, ``Certain Cold-Rolled Steel Flat Products
from Brazil and Certain Hot-Rolled Steel Flat Products from Brazil:
CSN's Case Brief'' (June 17, 2016).
\5\ See Letter from U.S. Steel, ``Certain Cold-Rolled Steel Flat
Products From Brazil, Antidumping Investigation: Rebuttal Brief''
(June 22, 2016); Letter from CSN, ``Certain Cold-Rolled Steel Flat
Products from Brazil: CSN's Rebuttal Brief'' (June 22, 2016).
---------------------------------------------------------------------------
[[Page 49947]]
Scope of the Investigation
The products covered by this investigation are cold-rolled steel
from Brazil. For a complete description of the scope of this
investigation, see the ``Scope of the Investigation,'' in Appendix I of
this notice.
Scope Comments
In accordance with the Preliminary Scope Determination,\6\ the
Department set aside a period of time for parties to address scope
issues in case briefs or other written comments on scope issues.
---------------------------------------------------------------------------
\6\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Certain Cold-Rolled Steel 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 Determinations'' dated February 29,
2016 (Preliminary Scope Decision Memorandum).
---------------------------------------------------------------------------
For a summary of the product coverage comments and rebuttal
responses submitted to the record of the cold-rolled steel
investigations, and accompanying discussion and analysis of all
comments timely received, see the Final Scope Decision Memorandum.\7\
The Final Scope Decision Memorandum is incorporated by, and hereby
adopted by, this notice.
---------------------------------------------------------------------------
\7\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Scope Comments Decision Memorandum for the Final Determinations''
dated concurrently with this notice.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice.\8\ A list of the issues raised
is attached to this notice as Appendix II. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and it is available to all
parties in the Central Records Unit, Room B-8024 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\8\ See Memorandum to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations
``Issues and Decision Memorandum for the Final Determination of the
Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat
Products from Brazil'' (July 20, 2016) (Issues and Decision
Memorandum).
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in April and May 2016, the Department verified the sales and
cost data reported by Companhia Siderurgica Nacional (CSN), 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 the respondent.\9\
---------------------------------------------------------------------------
\9\ See Memoranda to the File: ``Certain Cold-Rolled Steel Flat
Products from Brazil: Sales Verification Report for Companhia
Siderugica Nacional,'' dated May 20, 2016; ``Certain Cold-Rolled
Steel Flat Products from Brazil: Sales Verification Report for
Companhia Siderugica Nacional LLC USA,'' dated June 2, 2016;
``Verification of the Further Manufacturing Response of Companhia
Siderugica Nacional S.A. in the Antidumping Duty Investigation of
Cold-Rolled Steel Flat Products from Brazil,'' dated June 3, 2016;
and, ``Verification of the Cost of Production Response of Companhia
Siderugica Nacional S.A. in the Antidumping Duty Investigation of
Certain Cold-Rolled Steel Flat Products from Brazil,'' dated June 8,
2016.
---------------------------------------------------------------------------
Use of Adverse Facts Available
The Department found in the Preliminary Determination that Usiminas
Siderurgicas de Minas Gerais S.A. (Usiminas) withheld requested
information, significantly impeded the proceeding, and did not
cooperate to the best of its ability in responding to the Department's
requests for information.\10\ Therefore, in accordance with sections
776(a)(2)(A) and (C) of the Act, 776(b) of the Act, and 19 CFR
351.308(a), the Department preliminarily determined the weighted-
average dumping margin for Usiminas based on facts otherwise available
with an adverse inference and preliminarily selected 35.43 percent as
the adverse facts-available dumping margin for Usiminas, which is the
highest margin alleged in the petition.\11\ This rate was assigned to
Usiminas because Usiminas failed to respond to sections B, C, and D of
the Department's questionnaire in this investigation.\12\
---------------------------------------------------------------------------
\10\ See Preliminary Determination.
\11\ See Amended Preliminary Determination. See also, Memorandum
to the File entitled, ``Corroboration of a Rate Based on Adverse
Facts Available,'' dated April 1, 2016.
\12\ Id.
---------------------------------------------------------------------------
The Department received no comments regarding its preliminary
application of the adverse facts-available dumping margin to Usiminas.
For the final determination, the Department has not altered its
analysis or decision to apply the adverse facts-available dumping
margin to Usiminas.
Changes Since the Preliminary Determination
Based on our findings at verification and our analysis of the
comments received, we made certain changes to the margin calculations
for CSN. For a discussion of these changes, see the ``Margin
Calculations'' and ``Comparisons to Fair Value'' sections of the Issues
and Decision Memorandum. We have also revised the all-others rate.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero and de
minimis margins, and any margins determined entirely under section 776
of the Act. For purposes of this final determination, we are assigning
14.43 percent as the ``all-others'' rate, which is based on the
estimated dumping margin calculated for CSN, the only mandatory
respondent for which we calculated a dumping margin.\13\
---------------------------------------------------------------------------
\13\ See Memorandum to the File, ``Antidumping Duty
Investigation of Certain Cold-Rolled Steel Flat Products from
Brazil: Calculation of All-Others Rate'' (All-Others Rate
Memorandum), dated July 20, 2016.
---------------------------------------------------------------------------
Final Determination
The Department determines that the final weighted-average dumping
margins are as follows:
------------------------------------------------------------------------
Weighted-
average Cash
Exporter/ producer dumping deposit
margin rate
(percent) (percent)
------------------------------------------------------------------------
Companhia Siderurgica Nacional.................. 14.43 10.34
Usiminas Siderurgicas de Minas Gerais S.A. 35.43 31.66
(Usiminas).....................................
All-Others...................................... 14.43 10.34
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed to interested
parties within five days of the public announcement of this final
determination in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
[[Page 49948]]
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of cold-rolled steel
from Brazil, as described in Appendix I of this notice, which were
entered, or withdrawn from warehouse, for consumption on or after March
7, 2016, the date of publication of the Preliminary Determination of
this investigation in the Federal Register.
Further, the Department will instruct CBP to require a cash deposit
equal to the estimated amount by which the normal value exceeds the
U.S. price as shown above, adjusted where appropriate for export
subsidies found in the final determination of the companion
countervailing duty investigation. Consistent with our longstanding
practice, where the product under investigation is also subject to a
concurrent countervailing duty investigation, we instruct CBP to
require a cash deposit equal to the amount by which the NV exceeds the
U.S. price, less the amount of the countervailing duty determined to
constitute any export subsidies.\14\ 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 flat products from Brazil 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.\15\ 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.
---------------------------------------------------------------------------
\14\ See, e.g., Welded Line Pipe From the Republic of Turkey:
Final Determination of Sales at Less Than Fair Value, 80 FR 61362
(October 13, 2015) and Notice of Final Determination of Sales at
Less Than Fair Value and Negative Critical Circumstances
Determination: Bottom Mount Combination Refrigerator-Freezers From
the Republic of Korea, 77 FR 17413 (March 26, 2012).
\15\ See Countervailing Duty Investigation of Certain Cold-
Rolled Steel Flat Products From Brazil: Final Affirmative, dated
July 20, 2016; see also the All-Others Rate Memorandum dated
concurrently with this notice.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. Because the final determination in this
proceeding is affirmative, in accordance with section 735(b)(2) of the
Act, the ITC will make its final determination as to whether the
domestic industry in the United States is materially injured, or
threatened with material injury, by reason of imports of cold-rolled
steel from Brazil no later than 45 days after our final determination.
If the ITC determines that material injury or threat of material injury
does not exist, the proceeding will be terminated and all cash deposits
will be refunded. If the ITC determines that such injury does exist,
the Department will issue an antidumping duty order directing CBP to
assess, upon further instruction by the Department, antidumping duties
on all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
Administrative Protective Order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: 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 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
[[Page 49949]]
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; \16\
---------------------------------------------------------------------------
\16\ 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.
---------------------------------------------------------------------------
Tool steels; \17\
---------------------------------------------------------------------------
\17\ 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; \18\
---------------------------------------------------------------------------
\18\ 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.
---------------------------------------------------------------------------
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.\19\
---------------------------------------------------------------------------
\19\ 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 Fed. Reg. 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.''
---------------------------------------------------------------------------
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.\20\
---------------------------------------------------------------------------
\20\ 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, 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 Discussed in the Issues and Decision
Memorandum
1. Summary
2. Background
3. Period of Investigation
4. Margin Calculations
5. Comparisons to Fair Value
6. List of Comments
7. Discussion of Comments
Comment 1: Duty Drawback
Comment 2: Affiliated Party Sales
Comment 3: Inventory Carrying Costs
Comment 4: Credit Revenue
Comment 5: Model Match
Comment 6: Whether to Exclude Work-In-Process Quantities from
CSN LLC's Per-Unit Cost Calculations
Comment 7: Calculation of CSN LLC's G&A Expense Ratio
Comment 8: Whether to Use a Consolidated or Non-Consolidated
Financial Expense Ratio
Comment 9: Financial Expense Ratio to be applied to Further
Manufacturing Costs
Comment 10: The Market Value for Affiliated Energy Inputs
Comment 11: The Market Value for Affiliated Rail Freight Inputs
Comment 12: The Market Value for Affiliated Port Management
Services
Comment 13: Whether to Include Certain Expenses Recorded
Directly to Cost of Goods Sold (COGS)
Comment 14: Calculation of CSN's G&A Expense Ratio
8. Recommendation
[FR Doc. 2016-17951 Filed 7-28-16; 8:45 am]
BILLING CODE 3510-DS-P
