Certain Hot-Rolled Steel Flat Products From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 53428-53431 [2016-19373]
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53428
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
7208.39.0015, 7208.39.0030, 7208.39.0090,
7208.40.6030, 7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000, 7210.70.3000,
7211.14.0030, 7211.14.0090, 7211.19.1500,
7211.19.2000, 7211.19.3000, 7211.19.4500,
7211.19.6000, 7211.19.7530, 7211.19.7560,
7211.19.7590, 7225.11.0000, 7225.19.0000,
7225.30.3050, 7225.30.7000, 7225.40.7000,
7225.99.0090, 7226.11.1000, 7226.11.9030,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.5000, 7226.91.7000, and
7226.91.8000. The products subject to the
investigation may also enter under the
following HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060,
7214.91.0090, 7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000, 7226.99.0180,
and 7228.60.6000.
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
I. Summary
II. Background
III. Scope of the Investigation
IV. Final Determination of Critical
Circumstances
V. Margin Calculations
VI. Comparisons to Fair Value
VII. Discussion of Issues
Comment 1: Duty Drawback
Comment 2: Inventory Carrying Costs
Comment 3: Credit Revenue
Comment 4: Model Match
Comment 5: Calculation of CSN LLC’s G&A
Expense Ratio
Comment 6: Whether To Use a
Consolidated or Non-Consolidated
Financial Expense Ratio
Comment 7: The Market Value for
Affiliated Energy Inputs
Comment 8: Whether To Include Certain
Expenses Recorded Directly to Cost of
Goods Sold (COGS)
VIII. Recommendation
[FR Doc. 2016–19381 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–826]
Certain Hot-Rolled Steel Flat Products
From the Republic of Turkey: 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
imports of certain hot-rolled steel flat
products (hot-rolled steel) from the
Republic of Turkey (Turkey) are being,
or are likely to be, sold in the United
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY:
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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 August 12, 2016.
FOR FURTHER INFORMATION CONTACT: Toni
Page or Alexander Cipolla, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1398 or (202) 482–
4956, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 22, 2016, the Department
published the Preliminary
Determination of this antidumping duty
(AD) investigation.1 The following
events occurred since the Preliminary
Determination was issued.
The Department received case and
rebuttal briefs from Petitioners, Erdemir,
and Colakoglu between June 7 and June
20, 2016.2 A hearing was held on June
23, 2016.3
Scope of the Investigation
The products covered by this
investigation are hot-rolled steel flat
products from Turkey. For a full
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix I of this
notice.
Scope Comments
In the Preliminary Scope Decision
Memorandum,4 the Department set
aside a period of time for parties to
address scope issues in case briefs or
other written comments on scope issues.
In the Preliminary Determination, we
did not modify the scope language as it
1 See Certain Hot-Rolled Steel Flat Products From
the Republic of Turkey: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 15231
(March 22, 2016) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
2 See the ‘‘Table of Authorities’’ in the Final
Issues and Decision Memorandum for a complete
list of case and rebuttal briefs filed.
3 See ‘‘Transcript of Hearing in the Antidumping
Duty Investigation of Certain Hot-Rolled Steel Flat
Products from the Republic of Turkey’’ (June 30,
2016).
4 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain HotRolled Steel Products From Australia, Brazil, Japan,
the Netherlands, the Republic of Korea, Turkey, and
the United Kingdom: Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated March 14, 2016 (Preliminary Scope Decision
Memorandum).
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appeared in the Initiation Notice.5 No
interested parties submitted scope
comments in case or rebuttal briefs;
therefore, the scope of this investigation
remains unchanged for this final
determination.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Final
Issues and Decision Memorandum,
which is hereby adopted by this notice.6
A list of the issues raised is attached to
this notice as Appendix II. The Final
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 Final
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Final 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 March, April, and May 2016, the
Department verified the sales and cost
data reported by the mandatory
respondents Colakoglu Metalurji A.S.
(Colakoglu), Colakoglu Dis Ticaret A.S.
(COTAS), and Medtrade Incorporated
(Medtrade) (collectively, Colakoglu) and
Eregli Demir ve Celik Fabrikalari T.A.S.
(Erdemir) and Iskenderun Demir Ve
Celik (Iskenderun) (collectively,
Erdemir). We used standard verification
procedures, including an examination of
5 See Preliminary Determination and
accompanying Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Hot-Rolled Steel
Flat Products from the Republic of Turkey’’ at page
5. See also Certain Hot-Rolled Steel Flat Products
From Australia, Brazil, Japan, the Republic of
Korea, the Netherlands, The Republic of Turkey,
and the United Kingdom: Initiation of Less-ThanFair-Value Investigations, 80 FR 54261, 54262
(September 9, 2015) (Initiation Notice).
6 See Memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Issues and Decision
Memorandum for the Final Determination in the
Antidumping Duty Investigation of Certain HotRolled Steel Flat Products from the Republic of
Turkey,’’ dated August 4, 2016 (Final Issues and
Decision Memorandum).
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relevant accounting and production
records, and original source documents
provided by respondents.7
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 margins, and
margins determined entirely under
section 776 of the Act. Where the rates
for investigated companies are zero or
de minimis, or based entirely on facts
otherwise available, section 735(c)(5)(B)
of the Act instructs the Department to
establish an ‘‘all others’’ rate using ‘‘any
reasonable method.’’
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for Colakoglu
and Erdemir. For a discussion of these
changes, see the Final Issues and
Decision Memorandum. We have also
revised the all-others rate.
In this investigation, we calculated
weighted-average dumping margins for
Colakoglu and Erdemir, that are above
de minimis and which are not based
entirely on facts available. We
calculated the all-others rate using a
weighted-average of the dumping
margins calculated for the mandatory
respondents using each company’s
publicly-ranged values for the
merchandise under consideration.8
Final Determination
The Department determines that the
final weighted-average dumping
margins are as follows:
Weightedaverage
margin
(percent)
Exporter/producer
Colakoglu Metalurji A.S./Colakoglu Dis Ticaret A.S.9 .............................................................................................
Eregli Demir ve Celik Fabrikalari T.A.S./Iskenderun Demir Ve Celik 10 ..................................................................
All-Others .................................................................................................................................................................
7.15
3.66
6.67
Cash deposit
rate
(percent)
7.15
3.65
6.67
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 hot-rolled steel from Turkey,
as described in Appendix I of this
notice, which were entered, or
withdrawn from warehouse, for
consumption on or after March 22,
2016, the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
We also will instruct CBP to require a
cash deposit equal to the weightedaverage amount by which normal value
exceeds U.S. price, as indicated in the
table above, adjusted, where
appropriate, for export subsidies.
As noted above, 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 hot-rolled steel from
Turkey, the Department will instruct
CBP to require cash deposits adjusted by
the amount of export subsidies, as
appropriate.11 These adjustments are
reflected in the ‘‘Cash Deposit Rate’’
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 weightedaverage margin column in the rate chart,
above.
7 See Memorandum to the File, ‘‘Verification of
the Sales Response of Colakoglu Metalurji A.S.
(Metalurji), Colakoglu Dis Ticaret A.S. (COTAS),
and Medtrade Incorporated (Medtrade) in the
Antidumping Duty Investigation of Hot-Rolled Steel
Flat Products from the Republic of Turkey,’’ (June
1, 2016) (Colakoglu Sales Verification Report); see
also Memoradum to the File, ‘‘Verification of the
U.S. Sales Responses of Colakoglu Metalurji A.S.
(Metalurji), Colakoglu Dis Ticaret A.S. (COTAS),and
Medtrade Incorporated (Medtrade) in the
Antidumping Duty Investigation of Hot-Rolled Steel
Flat Products from the Republic of Turkey,’’ (June
1, 2016) (Colakoglu CEP Sales Verification Report);
see also Memoradum to the File, ‘‘Verification of
the Cost Response of Colakoglu Metalurji A.S. and
its Affiliates in the Antidumping Duty Investigation
of Hot-Rolled Steel Flat Product from Turkey,’’
(June 1, 2016) (Colakoglu Cost Verification Report);
see also Memorandum to the File, ‘‘Verification of
˘
the Sales Response of Eregli Demir ve Celik
¸
Fabrikalar( T.A.S. in the Antidumping Investigation
¸
of Hot Rolled Steel Flat Products from Turkey,’’
(May 31, 2016) (Erdemir Sales Verification Report);
see also Memorandum to the File, ‘‘Verification of
the Cost Response of Eregli Demir ve Celik
Fabrikalari T.A.S. and its affiliates Iskenderun
Demir Ve Celik,’’ (May 30, 2016) (Erdemir Cost
Verification Report).
8 With two respondents, we normally calculate
(A) a weighted-average of the dumping margins
calculated for the mandatory respondents; (B) a
simple average of the dumping margins calculated
for the mandatory respondents; and (C) a weightedaverage of the dumping margins calculated for the
mandatory respondents using each company’s
publicly-ranged values for the merchandise under
consideration. We would compare (B) and (C) to (A)
and select the rate closest to (A) as the most
appropriate rate for all other companies. See Ball
Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results
of Antidumping Duty Administrative Reviews, Final
Results of Changed-Circumstances Review, and
Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged
sales data was available, we based the all-others rate
on the publically ranged sales data of the
mandatory respondents. For a complete BPI
explanation, please see Memorandum to the File,
entitled ‘‘Antidumping Duty Investigation of HotRolled Steel Flat Products from the Republic of
Turkey: Final Determination Calculation for the
‘All-Others’ Rate,’’ dated August 4, 2016 (All-Others
Calculation Memorandum).
9 As in the Preliminary Determination, the
Department continues to find that Colakoglu
Metalurji A.S. and Colakoglu Dis Ticaret A.S. are
a single entity. See ‘‘the ‘‘Affiliation and
Collapsing’’ section of the Preliminary Decision
Memorandum.
10 As in the Preliminary Determination, the
Department continues to find that Eregli Demir ve
Celik Fabrikalari T.A.S. and Iskenderun Demir Ve
Celik are a single entity. See the ‘‘Affiliation and
Collapsing’’ section of the Preliminary Decision
Memorandum.
11 See Memorandum to Thomas Gilgunn, Program
Manager for AD/CVD Operations Office VII, entitled
‘‘Investigation of Certain Hot-Rolled Steel Flat
Products from the Republic of Turkey: Final
˘
Analysis Memorandum for Eregli Demir ve Celik
¸
Fabrikalari T.A.S. and its Affiliates,’’ dated August
¸
4, 2016. (Erdemir Final Calculation Memorandum)
in the ‘‘Adjustments to the Margin Program’’
section.
mstockstill on DSK3G9T082PROD with NOTICES
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).
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the U.S.
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
hot-rolled steel from Turkey 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 as
discussed in the ‘‘Continuation of
Suspension of Liquidation’’ section.
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: August 4, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK3G9T082PROD with NOTICES
Appendix I
Scope of the Investigation
The products covered by this investigation
are certain hot-rolled, flat-rolled steel
products, with or without patterns in relief,
and 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 thickness, and
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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 of 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 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 achieve 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 unless the resulting measurement
makes the product covered by the existing
antidumping 12 or countervailing duty 13
orders on Certain Cut-To-Length CarbonQuality Steel Plate Products From the
Republic of Korea (A–580–836; C–580–837),
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, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium, 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))
12 See Notice of Amendment of Final
Determinations of Sales at Less Than Fair Value
and Antidumping Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate Products From
France, India, Indonesia, Italy, Japan and the
Republic of Korea, 65 FR 6585 (February 10, 2000).
13 See Notice of Amended Final Determinations:
Certain Cut-to-Length Carbon-Quality Steel Plate
From India and the Republic of Korea; and Notice
of Countervailing Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate From France,
India, Indonesia, Italy, and the Republic of Korea,
65 FR 6587 (February 10, 2000).
PO 00000
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Sfmt 4703
steels, high strength low alloy (HSLA) steels,
the substrate for 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. The substrate for motor
lamination steels contains 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 hot-rolled
steel that has been further processed in a
third country, including but not limited to
pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing,
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 hot-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:
• Universal mill plates (i.e., hot-rolled,
flat-rolled products not in coils that have
been rolled on four faces or in a closed box
pass, of a width exceeding 150 mm but not
exceeding 1250 mm, of a thickness not less
than 4.0 mm, and without patterns in relief);
• Products that have been cold-rolled
(cold-reduced) after hot-rolling; 14
• Ball bearing steels; 15
• Tool steels; 16 and
14 For purposes of this scope exclusion, rolling
operations such as a skin pass, levelling, temper
rolling or other minor rolling operations after the
hot-rolling process for purposes of surface finish,
flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this
exclusion.
15 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.
16 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,
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• Silico-manganese steels; 17
The products subject to this investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.10.1500,
7208.10.3000, 7208.10.6000, 7208.25.3000,
7208.25.6000, 7208.26.0030, 7208.26.0060,
7208.27.0030, 7208.27.0060, 7208.36.0030,
7208.36.0060, 7208.37.0030, 7208.37.0060,
7208.38.0015, 7208.38.0030, 7208.38.0090,
7208.39.0015, 7208.39.0030, 7208.39.0090,
7208.40.6030, 7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000, 7210.70.3000,
7211.14.0030, 7211.14.0090, 7211.19.1500,
7211.19.2000, 7211.19.3000, 7211.19.4500,
7211.19.6000, 7211.19.7530, 7211.19.7560,
7211.19.7590, 7225.11.0000, 7225.19.0000,
7225.30.3050, 7225.30.7000, 7225.40.7000,
7225.99.0090, 7226.11.1000, 7226.11.9030,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.5000, 7226.91.7000, and
7226.91.8000. The products subject to the
investigation may also enter under the
following HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060,
7214.91.0090, 7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000, 7226.99.0180,
and 7228.60.6000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
and Border Protection purposes only. The
written description of the scope of the
investigation is dispositive.
Appendix II
mstockstill on DSK3G9T082PROD with NOTICES
List of Topics Discussed in the Final Issues
and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Changes Since the Preliminary
Determination
VI. Margin Calculations
VII. Discussion of the Issues
Comment 1: Colakoglu’s Duty Drawback
Adjustment
Comment 2: Colakoglu’s U.S. Indirect
Selling Expenses
Comment 3: Colakoglu’s International
Ocean Freight
Comment 4: Colakoglu’s U.S. Commissions
Comment 5: Corrections to Colakoglu’s
Cost Database
Comment 6: Colakoglu’s Cost-Averaging
Methodology
Comment 7: Colakoglu’s Electricity Offset
Comment 8: Colakoglu’s General and
Administrative Expense Ratio
Comment 9: Using Partial Facts Available
for Erdemir’s Downstream Reseller
Ersem
Comment 10: Erdemir’s Date of Sale
Comment 11: Erdemir’s Unreconciled Cost
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.
17 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.
VerDate Sep<11>2014
20:09 Aug 11, 2016
Jkt 238001
Comment 12: Erdemir’s Major-Input and
Transactions-Disregarded Adjustments
Comment 13: Erdemir’s Financial Expenses
Comment 14: Erdemir’s Cost of Goods Sold
Denominator
Comment 15: Erdemir’s General and
Administrative Expenses
VIII. Recommendation
[FR Doc. 2016–19373 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–920]
Lightweight Thermal Paper From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2014–
2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on lightweight
thermal paper (‘‘LWTP’’) from the
People’s Republic of China (‘‘PRC’’).
The period of review (‘‘POR’’) is
November 1, 2014, through October 31,
2015. The review covers two exporters
of subject merchandise: Jaan Huey Co.
Ltd. (‘‘Jaan Huey’’) and Shanghai
Hanhong Paper Co., Ltd. and Hanhong
Paper Co. Ltd (together, ‘‘Hanhong’’).
Because neither respondent participated
in this review, the Department
preliminarily finds that Jaan Huey and
Hanhong have not demonstrated
eligibility for a separate rate in this
segment of the proceeding, and
therefore, for the preliminary results, we
are treating both as part of the PRC-wide
entity. Interested parties are invited to
comment on these preliminary results.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Keith Haynes, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–5139.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 7, 2016, the Department
initiated the seventh administrative
review of the antidumping duty order
on LWTP from the PRC.1 On February
2, 2016, the Department issued
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
736 (January 7, 2016) (‘‘Initiation Notice’’).
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
53431
antidumping questionnaires to Jaan
Huey and Hanhong. On February 16,
2016, Jaan Huey notified the
Department that it would not be
participating in this administrative
review.2 The Hanhong companies did
not respond to the Department’s request
for information.
Scope of the Order
The merchandise covered by this
review includes certain lightweight
thermal paper, which is thermal paper
with a basis weight of 70 grams per
square meter (g/m2) (with a tolerance of
± 4.0 g/m2) or less; irrespective of
dimensions; 3 with or without a base
coat 4 on one or both sides; with thermal
active coating(s) 5 on one or both sides
that is a mixture of the dye and the
developer that react and form an image
when heat is applied; with or without
a top coat; 6 and without an adhesive
backing. Certain lightweight thermal
paper is typically (but not exclusively)
used in point-of-sale applications such
as ATM receipts, credit card receipts,
gas pump receipts, and retail store
receipts. The merchandise subject to
this review may be classified in the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) under
subheadings 3703.10.60, 4811.59.20,
4811.90.8040, 4811.90.9090, 4820.10.20,
4823.40.00, 4811.90.8030, 4811.90.8050,
4811.90.9030, and 4811.90.9050.7 8
2 See letter from Jaan Huey, ‘‘Notice of NonParticipation in ADD Review: Annual Antidumping
Administrative Review of Lightweight Thermal
Paper from the People’s Republic of China,’’ dated
February 16, 2016.
3 LWTP is typically produced in jumbo rolls that
are slit to the specifications of the converting
equipment and then converted into finished slit
rolls. Both jumbo and converted rolls (as well as
LWTP in any other form, presentation, or
dimension) are covered by the scope of these
orders.
4 A base coat, when applied, is typically made of
clay and/or latex and like materials and is intended
to cover the rough surface of the paper substrate
and to provide insulating value.
5 A thermal active coating is typically made of
sensitizer, dye, and co-reactant.
6 A top coat, when applied, is typically made of
polyvinyl acetone, polyvinyl alcohol, and/or like
materials and is intended to provide environmental
protection, an improved surface for press printing,
and/or wear protection for the thermal print head.
7 HTSUS subheading 4811.90.8000 was a
classification used for LWTP until January 1, 2007.
Effective that date, subheading 4811.90.8000 was
replaced with 4811.90.8020 (for gift wrap, a nonsubject product) and 4811.90.8040 (for ‘‘other’’
including LWTP). HTSUS subheading 4811.90.9000
was a classification for LWTP until July 1, 2005.
Effective that date, subheading 4811.90.9000 was
replaced with 4811.90.9010 (for tissue paper, a nonsubject product) and 4811.90.9090 (for ‘‘other,’’
including LWTP).
8 As of January 1, 2009, the International Trade
Commission deleted HTSUS subheadings
4811.90.8040 and 4811.90.9090 and added HTSUS
subheadings 4811.90.8030, 4811.90.8050,
E:\FR\FM\12AUN1.SGM
Continued
12AUN1
]]>Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53428-53431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19373]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-826]
Certain Hot-Rolled Steel Flat Products From the Republic of
Turkey: 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 hot-rolled steel flat products (hot-rolled steel)
from the Republic of Turkey (Turkey) are being, or are 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 August 12, 2016.
FOR FURTHER INFORMATION CONTACT: Toni Page or Alexander Cipolla, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1398 or (202) 482-4956, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 22, 2016, the Department published the Preliminary
Determination of this antidumping duty (AD) investigation.\1\ The
following events occurred since the Preliminary Determination was
issued.
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products From the Republic
of Turkey: Affirmative Preliminary Determination of Sales at Less
Than Fair Value and Postponement of Final Determination, 81 FR 15231
(March 22, 2016) (Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
The Department received case and rebuttal briefs from Petitioners,
Erdemir, and Colakoglu between June 7 and June 20, 2016.\2\ A hearing
was held on June 23, 2016.\3\
---------------------------------------------------------------------------
\2\ See the ``Table of Authorities'' in the Final Issues and
Decision Memorandum for a complete list of case and rebuttal briefs
filed.
\3\ See ``Transcript of Hearing in the Antidumping Duty
Investigation of Certain Hot-Rolled Steel Flat Products from the
Republic of Turkey'' (June 30, 2016).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are hot-rolled steel
flat products from Turkey. For a full description of the scope of this
investigation, see the ``Scope of the Investigation,'' in Appendix I of
this notice.
Scope Comments
In the Preliminary Scope Decision Memorandum,\4\ the Department set
aside a period of time for parties to address scope issues in case
briefs or other written comments on scope issues.
---------------------------------------------------------------------------
\4\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Certain Hot-Rolled Steel Products From Australia, Brazil, Japan,
the Netherlands, the Republic of Korea, Turkey, and the United
Kingdom: Scope Comments Decision Memorandum for the Preliminary
Determinations,'' dated March 14, 2016 (Preliminary Scope Decision
Memorandum).
---------------------------------------------------------------------------
In the Preliminary Determination, we did not modify the scope
language as it appeared in the Initiation Notice.\5\ No interested
parties submitted scope comments in case or rebuttal briefs; therefore,
the scope of this investigation remains unchanged for this final
determination.
---------------------------------------------------------------------------
\5\ See Preliminary Determination and accompanying Memorandum
from Christian Marsh, Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado, Assistant Secretary
for Enforcement and Compliance, entitled ``Decision Memorandum for
the Preliminary Determination in the Less-Than-Fair-Value
Investigation of Certain Hot-Rolled Steel Flat Products from the
Republic of Turkey'' at page 5. See also Certain Hot-Rolled Steel
Flat Products From Australia, Brazil, Japan, the Republic of Korea,
the Netherlands, The Republic of Turkey, and the United Kingdom:
Initiation of Less-Than-Fair-Value Investigations, 80 FR 54261,
54262 (September 9, 2015) (Initiation Notice).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Final Issues and Decision
Memorandum, which is hereby adopted by this notice.\6\ A list of the
issues raised is attached to this notice as Appendix II. The Final
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 Final Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Final Issues and Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\6\ See Memorandum to Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, entitled ``Issues and
Decision Memorandum for the Final Determination in the Antidumping
Duty Investigation of Certain Hot-Rolled Steel Flat Products from
the Republic of Turkey,'' dated August 4, 2016 (Final Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in March, April, and May 2016, the Department verified the
sales and cost data reported by the mandatory respondents Colakoglu
Metalurji A.S. (Colakoglu), Colakoglu Dis Ticaret A.S. (COTAS), and
Medtrade Incorporated (Medtrade) (collectively, Colakoglu) and Eregli
Demir ve Celik Fabrikalari T.A.S. (Erdemir) and Iskenderun Demir Ve
Celik (Iskenderun) (collectively, Erdemir). We used standard
verification procedures, including an examination of
[[Page 53429]]
relevant accounting and production records, and original source
documents provided by respondents.\7\
---------------------------------------------------------------------------
\7\ See Memorandum to the File, ``Verification of the Sales
Response of Colakoglu Metalurji A.S. (Metalurji), Colakoglu Dis
Ticaret A.S. (COTAS), and Medtrade Incorporated (Medtrade) in the
Antidumping Duty Investigation of Hot-Rolled Steel Flat Products
from the Republic of Turkey,'' (June 1, 2016) (Colakoglu Sales
Verification Report); see also Memoradum to the File, ``Verification
of the U.S. Sales Responses of Colakoglu Metalurji A.S. (Metalurji),
Colakoglu Dis Ticaret A.S. (COTAS),and Medtrade Incorporated
(Medtrade) in the Antidumping Duty Investigation of Hot-Rolled Steel
Flat Products from the Republic of Turkey,'' (June 1, 2016)
(Colakoglu CEP Sales Verification Report); see also Memoradum to the
File, ``Verification of the Cost Response of Colakoglu Metalurji
A.S. and its Affiliates in the Antidumping Duty Investigation of
Hot-Rolled Steel Flat Product from Turkey,'' (June 1, 2016)
(Colakoglu Cost Verification Report); see also Memorandum to the
File, ``Verification of the Sales Response of Ere[gbreve]li Demir ve
[Ccedil]elik Fabrikalar[inodot] T.A.[Scedil]. in the Antidumping
Investigation of Hot Rolled Steel Flat Products from Turkey,'' (May
31, 2016) (Erdemir Sales Verification Report); see also Memorandum
to the File, ``Verification of the Cost Response of Eregli Demir ve
Celik Fabrikalari T.A.S. and its affiliates Iskenderun Demir Ve
Celik,'' (May 30, 2016) (Erdemir Cost Verification Report).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
Colakoglu and Erdemir. For a discussion of these changes, see the Final
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 margins, and margins determined entirely under section 776 of
the Act. Where the rates for investigated companies are zero or de
minimis, or based entirely on facts otherwise available, section
735(c)(5)(B) of the Act instructs the Department to establish an ``all
others'' rate using ``any reasonable method.''
In this investigation, we calculated weighted-average dumping
margins for Colakoglu and Erdemir, that are above de minimis and which
are not based entirely on facts available. We calculated the all-others
rate using a weighted-average of the dumping margins calculated for the
mandatory respondents using each company's publicly-ranged values for
the merchandise under consideration.\8\
---------------------------------------------------------------------------
\8\ With two respondents, we normally calculate (A) a weighted-
average of the dumping margins calculated for the mandatory
respondents; (B) a simple average of the dumping margins calculated
for the mandatory respondents; and (C) a weighted-average of the
dumping margins calculated for the mandatory respondents using each
company's publicly-ranged values for the merchandise under
consideration. We would compare (B) and (C) to (A) and select the
rate closest to (A) as the most appropriate rate for all other
companies. See Ball Bearings and Parts Thereof From France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53663
(September 1, 2010). As complete publicly ranged sales data was
available, we based the all-others rate on the publically ranged
sales data of the mandatory respondents. For a complete BPI
explanation, please see Memorandum to the File, entitled
``Antidumping Duty Investigation of Hot-Rolled Steel Flat Products
from the Republic of Turkey: Final Determination Calculation for the
`All-Others' Rate,'' dated August 4, 2016 (All-Others Calculation
Memorandum).
---------------------------------------------------------------------------
Final Determination
The Department determines that the final weighted-average dumping
margins are as follows:
------------------------------------------------------------------------
Weighted- Cash deposit
Exporter/producer average margin rate
(percent) (percent)
------------------------------------------------------------------------
Colakoglu Metalurji A.S./Colakoglu Dis 7.15 7.15
Ticaret A.S.\9\........................
Eregli Demir ve Celik Fabrikalari T.A.S./ 3.66 3.65
Iskenderun Demir Ve Celik \10\.........
All-Others.............................. 6.67 6.67
------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\9\ As in the Preliminary Determination, the Department
continues to find that Colakoglu Metalurji A.S. and Colakoglu Dis
Ticaret A.S. are a single entity. See ``the ``Affiliation and
Collapsing'' section of the Preliminary Decision Memorandum.
\10\ As in the Preliminary Determination, the Department
continues to find that Eregli Demir ve Celik Fabrikalari T.A.S. and
Iskenderun Demir Ve Celik are a single entity. See the ``Affiliation
and Collapsing'' section of the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
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 hot-rolled steel from Turkey, as
described in Appendix I of this notice, which were entered, or
withdrawn from warehouse, for consumption on or after March 22, 2016,
the date of publication of the Preliminary Determination of this
investigation in the Federal Register. 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.
As noted above, 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 hot-rolled steel from Turkey, the Department will
instruct CBP to require cash deposits adjusted by the amount of export
subsidies, as appropriate.\11\ These adjustments are reflected in the
``Cash Deposit Rate'' 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.
---------------------------------------------------------------------------
\11\ See Memorandum to Thomas Gilgunn, Program Manager for AD/
CVD Operations Office VII, entitled ``Investigation of Certain Hot-
Rolled Steel Flat Products from the Republic of Turkey: Final
Analysis Memorandum for Ere[gbreve]li Demir ve [Ccedil]elik
Fabrikalari T.A.[Scedil]. and its Affiliates,'' dated August 4,
2016. (Erdemir Final Calculation Memorandum) in the ``Adjustments to
the Margin Program'' section.
---------------------------------------------------------------------------
[[Page 53430]]
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. 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 hot-rolled
steel from Turkey 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 as discussed in the ``Continuation of
Suspension of Liquidation'' section.
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: August 4, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are certain hot-
rolled, flat-rolled steel products, with or without patterns in
relief, and 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
thickness, and 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 of 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 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 achieve
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 unless the resulting measurement makes the product
covered by the existing antidumping \12\ or countervailing duty \13\
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products
From the Republic of Korea (A-580-836; C-580-837), and
---------------------------------------------------------------------------
\12\ See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products From France, India,
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585
(February 10, 2000).
\13\ See Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate From India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate From France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000).
---------------------------------------------------------------------------
(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, or
0.80 percent of molybdenum, or
0.10 percent of niobium, 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, the
substrate for 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. The substrate for motor
lamination steels contains 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 hot-rolled steel that has been
further processed in a third country, including but not limited to
pickling, oiling, levelling, annealing, tempering, temper rolling,
skin passing, 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 hot-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:
Universal mill plates (i.e., hot-rolled, flat-rolled
products not in coils that have been rolled on four faces or in a
closed box pass, of a width exceeding 150 mm but not exceeding 1250
mm, of a thickness not less than 4.0 mm, and without patterns in
relief);
Products that have been cold-rolled (cold-reduced)
after hot-rolling; \14\
---------------------------------------------------------------------------
\14\ For purposes of this scope exclusion, rolling operations
such as a skin pass, levelling, temper rolling or other minor
rolling operations after the hot-rolling process for purposes of
surface finish, flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this exclusion.
---------------------------------------------------------------------------
Ball bearing steels; \15\
---------------------------------------------------------------------------
\15\ 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; \16\ and
---------------------------------------------------------------------------
\16\ 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.
---------------------------------------------------------------------------
[[Page 53431]]
Silico-manganese steels; \17\
---------------------------------------------------------------------------
\17\ 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.
---------------------------------------------------------------------------
The products subject to this investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7208.10.1500, 7208.10.3000,
7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030,
7208.26.0060, 7208.27.0030, 7208.27.0060, 7208.36.0030,
7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015,
7208.38.0030, 7208.38.0090, 7208.39.0015, 7208.39.0030,
7208.39.0090, 7208.40.6030, 7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000, 7210.70.3000, 7211.14.0030,
7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000,
7211.19.4500, 7211.19.6000, 7211.19.7530, 7211.19.7560,
7211.19.7590, 7225.11.0000, 7225.19.0000, 7225.30.3050,
7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000,
7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.5000, 7226.91.7000, and 7226.91.8000. The products subject
to the investigation may also enter under the following HTSUS
numbers: 7210.90.9000, 7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060, 7214.91.0090,
7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.5000,
7226.99.0180, and 7228.60.6000.
The HTSUS subheadings above are provided for convenience and
U.S. Customs and Border Protection purposes only. The written
description of the scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Final Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Scope Comments
V. Changes Since the Preliminary Determination
VI. Margin Calculations
VII. Discussion of the Issues
Comment 1: Colakoglu's Duty Drawback Adjustment
Comment 2: Colakoglu's U.S. Indirect Selling Expenses
Comment 3: Colakoglu's International Ocean Freight
Comment 4: Colakoglu's U.S. Commissions
Comment 5: Corrections to Colakoglu's Cost Database
Comment 6: Colakoglu's Cost-Averaging Methodology
Comment 7: Colakoglu's Electricity Offset
Comment 8: Colakoglu's General and Administrative Expense Ratio
Comment 9: Using Partial Facts Available for Erdemir's
Downstream Reseller Ersem
Comment 10: Erdemir's Date of Sale
Comment 11: Erdemir's Unreconciled Cost
Comment 12: Erdemir's Major-Input and Transactions-Disregarded
Adjustments
Comment 13: Erdemir's Financial Expenses
Comment 14: Erdemir's Cost of Goods Sold Denominator
Comment 15: Erdemir's General and Administrative Expenses
VIII. Recommendation
[FR Doc. 2016-19373 Filed 8-11-16; 8:45 am]
BILLING CODE 3510-DS-P
