Certain Hot-Rolled Steel Flat Products From Australia: Final Determination of Sales at Less Than Fair Value, 53406-53408 [2016-19375]
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
deposit rate for all other producers or
exporters will continue to be 15.45
percent, the all-others rate established
in the antidumping investigation as
modified by the section 129
determination.7 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
mstockstill on DSK3G9T082PROD with NOTICES
Disclosure and Public Comment
The Department will disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within five days of
the date of publication of these
preliminary results.8 Pursuant to 19 CFR
351.309(c), interested parties may
submit cases briefs not later than 30
days after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
not later than five days after the date for
filing case briefs.9 Parties who submit
comments are requested to submit: (1) A
statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities. All briefs must be
filed electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, ACCESS.
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, using
Enforcement and Compliance’s ACCESS
system within 30 days of publication of
this notice.10 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
scheduled date for the hearing which
will be held at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and location to be determined.11
Parties should confirm by telephone the
date, time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
the Act, the Department will issue the
7 See Implementation of the Findings of the WTO
Panel in US—Zeroing (EC): Notice of
Determinations Under Section 129 of the Uruguay
Round Agreements Act and Revocations and Partial
Revocations of Certain Antidumping Duty Orders,
72 FR 25261 (May 4, 2007).
8 See 19 CFR 351.224(b).
9 See 19 CFR 351.309(d).
10 See 19 CFR 351.310(c).
11 See 19 CFR 351.310.
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final results of this administrative
review, including the results of our
analysis of the issues raised by the
parties in their case briefs, within 120
days after issuance of these preliminary
results.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and increase the subsequent
assessment of the antidumping duties
by the amount of antidumping duties
reimbursed.
These preliminary results of review
are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: August 5, 2016.
Ronald Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Background
3. Scope of the Order
4. Discussion of Methodology
Date of Sale
Comparisons to Normal Value
Product Comparisons
Determination of Comparison Method
Results of the Differential Pricing (DP)
Analysis
Export Price
Normal Value
A. Home Market Viability
B. Level of Trade
C. Sales to Affiliated Customers
D. Cost of Production Analysis
1. Calculation of Cost of Production
2. Test of Home Market Prices
3. Results of the COP Test
E. Calculation of Normal Value Based on
Comparison Market Prices
F. Price-to-CV Comparison
G. Constructed Value
Margins for Companies Not Selected for
Individual Examination
Currency Conversion
5. Recommendation
[FR Doc. 2016–19129 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–809]
Certain Hot-Rolled Steel Flat Products
From Australia: Final Determination of
Sales at Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
determines that certain hot-rolled steel
flat products from Australia are being,
or are likely to be, sold in the United
States at less than fair value. The period
of investigation is July 1, 2014, through
June 30, 2015. The final estimated
weighted-average dumping margins are
listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Frances Veith, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–4295.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
The Department of Commerce (the
‘‘Department’’) published the
preliminary determination on March 22,
2016.1 A summary of the events that
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the final Issues and Decision
Memorandum.2
Scope of the Investigation
The products covered by this
investigation are certain hot-rolled steel
flat products (‘‘hot-rolled steel’’) from
Australia. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix II of this notice.
1 See Certain Hot-Rolled Steel Flat Products from
Australia: Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination, 81 FR 15241 (March 22, 2016)
(‘‘Preliminary Determination’’) and accompanying
Preliminary Decision Memorandum.
2 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Ronald K.
Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Antidumping Duty
Investigation of Certain Hot-Rolled Steel Flat
Products from Australia,’’ (‘‘Issues and Decision
Memorandum’’), dated concurrently with this
determination and hereby adopted by this notice.
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / 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.3 A list of
the issues raised is attached to this
notice as Appendix I. 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 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 April and May 2016, the
Department verified the sales and cost
data reported by the mandatory
respondents BlueScope Steel Ltd.
(‘‘BlueScope’’). We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by BlueScope.
Changes to the Margin Calculations
Since the Preliminary Determination
Based on our analysis of comments
received and our findings at
verification, we made certain changes to
the margin calculations for BlueScope.
For a discussion of these changes, see
the Issues and Decision Memorandum.
We have also revised the all-others rate.
mstockstill on DSK3G9T082PROD with NOTICES
Single Entity Treatment
For the reasons set forth in the
Preliminary Decision Memorandum and
in accordance with 19 CFR 351.401(f)
and the Department’s practice, we are
continuing to treat BlueScope Steel Ltd.,
BlueScope Steel (AIS) Pty Ltd., and
BlueScope Steel Distribution Pty Ltd. as
a single entity, BlueScope, for the
purposes of this final determination.4
All-Others Rate
Consistent with sections
735(c)(1)(B)(i)(II) and 735(c)(5) of the
Act, the Department also calculated an
estimated all-others rate. Section
3 See
Issues and Decision Memorandum.
‘‘Affiliation And Collapsing’’ section of the
Preliminary Decision Memorandum.
4 See
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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. 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.
BlueScope is the only respondent for
which the Department calculated a
company-specific rate. Therefore, for
purposes of determining the ‘‘all others’’
rate and pursuant to section
735(d)(5)(A) of the Act, we are using the
dumping margin calculated for
BlueScope, as referenced in the ‘‘Final
Determination’’ section below.
Final Determination
The Department determines that the
following weighted-average dumping
margins exist:
53407
International Trade Commission
(‘‘ITC’’) Notification
In accordance with section 735(d) of
the Act, we are notifying the ITC of our
affirmative final determination of sales
at less than fair value (‘‘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 Australia 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 (‘‘APO’’)
This notice serves as a reminder to
Weightedparties subject to APO of their
average
responsibility concerning the
Exporter/producer
dumping
margin
disposition of proprietary information
(percent)
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
BlueScope Steel Ltd., BlueScope
notification of the return or destruction
Steel (AIS) Pty Ltd., and
of APO materials, or conversion to
BlueScope Steel Distribution
Pty Ltd .....................................
29.37 judicial protective order, is hereby
All Others ....................................
29.37 requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
Disclosure
This determination is issued and
published in accordance with sections
We intend to disclose to parties in
735(d) and 777(i)(1) of the Act, and 19
this proceeding the calculations
CFR 351.210(c).
performed for this final determination
within five days of the date of public
Dated: August 4, 2016.
announcement of our final
Ronald K. Lorentzen,
determination, in accordance with 19
Acting Assistant Secretary for Enforcement
CFR 351.224(b).
and Compliance.
Appendix I
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we are directing
U.S. Customs and Border Protection
(‘‘CBP’’) to continue to suspend
liquidation of all entries of hot-rolled
steel from Australia, as described in the
Scope of the Investigation in Appendix
II, entered, or withdrawn from
warehouse, for consumption on or after
March 22, 2016, the date of publication
in the Federal Register of the
affirmative Preliminary Determination.
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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. Discussion of the Methodology
VII. Discussion of the Issues
Comment 1: U.S. Sales of Nonprime
(Secondary) Merchandise
Comment 2: U.S.—Freight Cap
Comment 3: U.S.—Cost of Production
Interest Expense Ratio
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Comment 4: U.S.—Credit Expense for U.S.
Sales in Channels 1 and 2
Comment 5: Home Market—Sales
Adjustments
Comment 6: Home Market—Interest
Expense Ratio
Comment 7: Home Market—Adverse Facts
Available to Sales Data for BSD
Comment 8: Home Market—Early Payment
Discounts
VIII. Negative Finding of Critical
Circumstances
IX. Recommendation
Appendix II
mstockstill on DSK3G9T082PROD with NOTICES
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 5 or countervailing duty 6 orders
on Certain Cut-To-Length Carbon-Quality
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
5 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).
6 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).
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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; 7
7 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,
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• Ball bearing steels; 8
• Tool steels; 9 and
• Silico-manganese steels; 10
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
purposes only. The written description of the
scope of the investigation is dispositive.
[FR Doc. 2016–19375 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this
exclusion.
8 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.
9 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.
10 Silico-manganese steel is defined as steels
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
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]]>Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53406-53408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19375]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-809]
Certain Hot-Rolled Steel Flat Products From Australia: Final
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce determines that certain hot-rolled
steel flat products from Australia are being, or are likely to be, sold
in the United States at less than fair value. The period of
investigation is July 1, 2014, through June 30, 2015. The final
estimated weighted-average dumping margins are listed below in the
``Final Determination'' section of this notice.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT: Frances Veith, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4295.
SUPPLEMENTARY INFORMATION:
Background
The Department of Commerce (the ``Department'') published the
preliminary determination on March 22, 2016.\1\ A summary of the events
that occurred since the Department published the Preliminary
Determination, as well as a full discussion of the issues raised by
parties for this final determination, may be found in the final Issues
and Decision Memorandum.\2\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from Australia:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 15241 (March 22, 2016)
(``Preliminary Determination'') and accompanying Preliminary
Decision Memorandum.
\2\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, ``Issues and Decision Memorandum for the Final
Affirmative Determination in the Antidumping Duty Investigation of
Certain Hot-Rolled Steel Flat Products from Australia,'' (``Issues
and Decision Memorandum''), dated concurrently with this
determination and hereby adopted by this notice.
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are certain hot-rolled
steel flat products (``hot-rolled steel'') from Australia. For a full
description of the scope of this investigation, see the ``Scope of the
Investigation,'' in Appendix II of this notice.
[[Page 53407]]
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.\3\ A list of the issues raised
is attached to this notice as Appendix I. 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
Final Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\3\ See 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 the mandatory respondents BlueScope Steel
Ltd. (``BlueScope''). We used standard verification procedures,
including an examination of relevant accounting and production records,
and original source documents provided by BlueScope.
Changes to the Margin Calculations Since the Preliminary Determination
Based on our analysis of comments received and our findings at
verification, we made certain changes to the margin calculations for
BlueScope. For a discussion of these changes, see the Issues and
Decision Memorandum. We have also revised the all-others rate.
Single Entity Treatment
For the reasons set forth in the Preliminary Decision Memorandum
and in accordance with 19 CFR 351.401(f) and the Department's practice,
we are continuing to treat BlueScope Steel Ltd., BlueScope Steel (AIS)
Pty Ltd., and BlueScope Steel Distribution Pty Ltd. as a single entity,
BlueScope, for the purposes of this final determination.\4\
---------------------------------------------------------------------------
\4\ See ``Affiliation And Collapsing'' section of the
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
All-Others Rate
Consistent with sections 735(c)(1)(B)(i)(II) and 735(c)(5) of the
Act, the Department also calculated an estimated 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. 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.
BlueScope is the only respondent for which the Department
calculated a company-specific rate. Therefore, for purposes of
determining the ``all others'' rate and pursuant to section
735(d)(5)(A) of the Act, we are using the dumping margin calculated for
BlueScope, as referenced in the ``Final Determination'' section below.
Final Determination
The Department determines that the following weighted-average
dumping margins exist:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and 29.37
BlueScope Steel Distribution Pty Ltd........................
All Others................................................... 29.37
------------------------------------------------------------------------
Disclosure
We intend to disclose to parties in this proceeding the
calculations performed for this final determination within five days of
the date of public announcement of our final determination, in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing U.S. Customs and Border Protection (``CBP'') to continue to
suspend liquidation of all entries of hot-rolled steel from Australia,
as described in the Scope of the Investigation in Appendix II, entered,
or withdrawn from warehouse, for consumption on or after March 22,
2016, the date of publication in the Federal Register of the
affirmative Preliminary Determination.
International Trade Commission (``ITC'') Notification
In accordance with section 735(d) of the Act, we are notifying the
ITC of our affirmative final determination of sales at less than fair
value (``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 Australia 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 (``APO'')
This notice serves as a reminder to parties subject to 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 is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act, and 19 CFR 351.210(c).
Dated: August 4, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
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. Discussion of the Methodology
VII. Discussion of the Issues
Comment 1: U.S. Sales of Nonprime (Secondary) Merchandise
Comment 2: U.S.--Freight Cap
Comment 3: U.S.--Cost of Production Interest Expense Ratio
[[Page 53408]]
Comment 4: U.S.--Credit Expense for U.S. Sales in Channels 1 and
2
Comment 5: Home Market--Sales Adjustments
Comment 6: Home Market--Interest Expense Ratio
Comment 7: Home Market--Adverse Facts Available to Sales Data
for BSD
Comment 8: Home Market--Early Payment Discounts
VIII. Negative Finding of Critical Circumstances
IX. Recommendation
Appendix II
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 \5\ or countervailing duty \6\
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products
From the Republic of Korea (A-580-836; C-580-837), and
---------------------------------------------------------------------------
\5\ 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).
\6\ 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; \7\
---------------------------------------------------------------------------
\7\ 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; \8\
---------------------------------------------------------------------------
\8\ 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; \9\ and
---------------------------------------------------------------------------
\9\ 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 steels; \10\
---------------------------------------------------------------------------
\10\ 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 purposes only. The written description of the scope of
the investigation is dispositive.
[FR Doc. 2016-19375 Filed 8-11-16; 8:45 am]
BILLING CODE 3510-DS-P
