Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat Products From Brazil: Final Affirmative Determination, and Final Determination of Critical Circumstances, in Part, 53416-53419 [2016-19376]
Download as PDF
<![CDATA[
53416
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Currency Conversion
Recommendation
[FR Doc. 2016–19261 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–351–846]
Countervailing Duty Investigation of
Certain Hot-Rolled Steel Flat Products
From Brazil: Final Affirmative
Determination, and Final Determination
of Critical Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
countervailable subsidies are being
provided to producers and exporters of
certain hot-rolled steel flat products
(hot-rolled steel, or HRS) from Brazil.
For information on the estimated
subsidy rates, see the ‘‘Final
Determination’’ section of this notice.
The period of investigation is January 1,
2014, through December 31, 2014.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin, Nicholas Czajkowski,
or Lana Nigro, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–6478,
(202) 482–1395, and (202) 482–1779,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
mstockstill on DSK3G9T082PROD with NOTICES
Background
The Department published the
Preliminary Determination on January
15, 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 Issues and Decision
Memorandum.2 The Issues and Decision
1 See Countervailing Duty Investigation of Certain
Hot-Rolled Steel Flat Products From Brazil:
Preliminary Affirmative Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 81 FR 2168
(January 15, 2016) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum
(PDM).
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 Determination in the
Countervailing Duty Investigation of Certain Hot-
VerDate Sep<11>2014
18:42 Aug 11, 2016
Jkt 238001
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Scope Comments
In accordance with the Preliminary
Scope Determination,3 the Department
set aside a period of time for parties to
address scope issues in case briefs or
other written comments on scope issues.
In the Preliminary Determination, we
did not modify the scope language as it
appeared in the Initiation Notice.4 No
interested party submitted scope
comments in case or rebuttal briefs;
therefore, the scope of this investigation
remains unchanged for this final
determination.
Scope of the Investigation
The products covered by this
investigation are certain hot-rolled steel
flat products from Brazil. For a complete
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ attached to this notice at
Appendix I.
available and, because the Government
of Brazil and the respondent companies
did not act to the best of their abilities
in responding to the Department’s
requests for information, we drew an
adverse inference where appropriate in
selecting from among the facts
otherwise available.5 Specifically, we
applied facts available, with adverse
inferences, for the Reduction of Tax on
Industrialized Products for Machines
and Equipment, the BNDES FINAME
´
Loan program, and the Ex-Tarifario
program, in accordance with section
776(a) and (b) of the Act. For further
information, see the section ‘‘Use of
Adverse Facts Available’’ in the
accompanying Issues and Decision
Memorandum.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received from parties, and
the minor corrections presented and
additional items discovered at
verification, we made certain changes to
the respondents’ subsidy rate
calculations. For a discussion of these
changes, see the Issues and Decision
Memorandum.
Final Affirmative Determination of
Critical Circumstances, in Part
Use of Adverse Facts Available
In making this final determination,
the Department relied, in part, on facts
On October 23, 2015, the petitioner
filed a timely critical circumstances
allegation pursuant to section 703(e)(1)
of the Act and 19 CFR 351.206(c)(1),
alleging that critical circumstances exist
with respect to imports of hot-rolled
steel from Brazil.6 We preliminarily
determined that critical circumstances
existed with respect to CSN and
Usiminas, but not for all others
companies.7 Based on additional import
data that became available since the
Preliminary Determination of Critical
Circumstances, we are departing from
our preliminary finding. For this final
determination, in accordance with
section 705(a) of the Act, we find that
critical circumstances exist with respect
to CSN but that critical circumstances
do not exist with respect to Usiminas
and all other producers and exporters of
Rolled Steel Flat Products from Brazil,’’ dated
concurrently with this determination (Issues and
Decision Memorandum) and hereby adopted by this
notice.
3 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.
4 See Preliminary Determination PDM at ‘‘Scope
Comments.’’
5 See sections 776(a) and (b) of the Tariff Act of
1930, as amended (the Act).
6 See letter from the Petitioner, ‘‘Certain HotRolled Steel Flat Products From Australia, Brazil,
Japan and the Netherlands—Critical Circumstances
Allegations,’’ dated October 23, 2015.
7 See Antidumping Duty Investigations of Certain
Hot-Rolled Steel Flat Products From Australia,
Brazil, Japan, and the Netherlands and
Countervailing Duty Investigation of Certain HotRolled Steel Flat Products From Brazil: Preliminary
Determinations of Critical Circumstances, 80 FR
76444 (December 9, 2015) (Preliminary
Determination of Critical Circumstances).
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
Issues and Decision Memorandum. A
list of the issues that parties raised, and
to which we have responded in the
Issues and Decision Memorandum, is
attached to this notice at Appendix II.
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
E:\FR\FM\12AUN1.SGM
12AUN1
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
hot-rolled steel from Brazil.8 For a
complete discussion, see the ‘‘Critical
Circumstances’’ section of the Issues
and Decision Memorandum.
Suspension of Liquidation
Final Determination
In accordance with section
705(c)(1)(B)(i) of the Act, we calculated
a rate for Usiminas and CSN, the
exporters/producers of subject
merchandise selected for individual
examination in this investigation.
In accordance with sections
705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the
Act, for companies not individually
investigated, we apply an ‘‘all others’’
rate, which is normally calculated by
weighting the subsidy rates of the
individual companies selected as
mandatory respondents by those
companies’ exports of the subject
merchandise to the United States. Under
section 705(c)(5)(A)(i) of the Act, the allothers rate excludes zero and de
minimis rates calculated for the
exporters and producers individually
investigated as well as any rates based
entirely on facts otherwise available,
pursuant to section 776 of the Act.
Neither of the respondents’ rates was
zero or de minimis or based entirely on
facts otherwise available.
Notwithstanding the language of section
705(c)(5)(A)(i) of the Act, we did not
calculate the ‘‘all-others’’ rate by weight
averaging the rates of the two
individually investigated respondents
using their actual export sales data,
because doing so risks disclosure of
proprietary information. Instead, we
calculated the all-others rate using the
simple average of the respondents’
calculated rates.9 The estimated
countervailable subsidy rates are as
follows:
Subsidy
rate
(percent)
Company
mstockstill on DSK3G9T082PROD with NOTICES
Companhia Siderurgica Nacional
(CSN) ........................................
Usinas Siderurgicas de Minas
Gerais S.A. (Usiminas) .............
All Others ......................................
11.30
11.09
11.20
8 See Issues and Decision Memorandum; see also
Memorandum ‘‘Calculations for Final
Determination of Critical Circumstances in the
Countervailing Duty Investigation of Certain HotRolled Steel Flat Products from Brazil,’’ dated
concurrently with this notice.
9 See Memorandum to Dana S. Mermelstein,
Program Manager, AD/CVD Operations, Office I,
‘‘Final Affirmative Countervailing Duty
Determination: Hot-Rolled Steel Flat Products from
Brazil; Calculation of the All Others Rate for the
Final Determination in the Countervailing Duty
Investigation of Hot-Rolled Steel Flat Products from
Brazil,’’ dated concurrently with this notice.
VerDate Sep<11>2014
18:42 Aug 11, 2016
Jkt 238001
As a result of our Preliminary
Determination and pursuant to section
703(d) of the Act, we instructed U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all entries of hotrolled steel from Brazil, that were
entered, or withdrawn from warehouse,
for consumption on or after October 17,
2015, for CSN and Usiminas, for which
we found critical circumstances exist,
and on or after January 15, 2016, the
date of the publication of the
Preliminary Determination in the
Federal Register, for all other exporters.
In accordance with section 703(d) of the
Act, we instructed CBP to discontinue
the suspension of liquidation for
countervailing duty (CVD) purposes for
subject merchandise entered, or
withdrawn from warehouse, on or after
May 14, 2016, but to continue the
suspension of liquidation of all entries
from October 17, 2015, or January 15,
2016, as applicable, through May 14,
2016. As a result of our negative critical
circumstances determination for
Usiminas, we will instruct CBP to
discontinue the suspension of
liquidation, and to liquidate, without
regard to countervailing duties, subject
merchandise exported by Usiminas and
entered, or withdrawn from warehouse,
on or after October 17, 2015 and before
January 15, 2016.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a CVD order and will reinstate
the suspension of liquidation under
section 706(a) of the Act and will
require a cash deposit of estimated
CVDs for such entries of subject
merchandise in the amounts indicated
above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance.
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
53417
Notification Regarding Administrative
Protective Orders
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
This determination is issued and
published pursuant to sections 705(d)
and 777(i) of the Act and 19 CFR
351.201(c).
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 1 or countervailing duty 2 orders
1 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).
2 Notice of Amended Final Determinations:
Certain Cut-to-Length Carbon-Quality Steel Plate
E:\FR\FM\12AUN1.SGM
Continued
12AUN1
mstockstill on DSK3G9T082PROD with NOTICES
53418
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
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
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
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).
VerDate Sep<11>2014
18:42 Aug 11, 2016
Jkt 238001
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; 3
• Ball bearing steels; 4
• Tool steels; 5 and
• Silico-manganese steels; 6
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,
3 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.
4 Ball bearing steels are defined as steels which
contain, in addition to iron, each of the following
elements by weight in the amount specified: (i) Not
less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent
of manganese; (iii) none, or not more than 0.03
percent of sulfur; (iv) none, or not more than 0.03
percent of phosphorus; (v) not less than 0.18 nor
more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii)
none, or not more than 0.28 percent of nickel; (viii)
none, or not more than 0.38 percent of copper; and
(ix) none, or not more than 0.09 percent of
molybdenum.
5 Tool steels are defined as steels which contain
the following combinations of elements in the
quantity by weight respectively indicated: (i) More
than 1.2 percent carbon and more than 10.5 percent
chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent
chromium; or (iii) not less than 0.85 percent carbon
and 1 percent to 1.8 percent, inclusive, manganese;
or (iv) 0.9 percent to 1.2 percent, inclusive,
chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi)
not less than 0.5 percent carbon and not less than
5.5 percent tungsten.
6 Silico-manganese steel is defined as steels
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
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
Issues
II. Background
A. Case History
B. Period of Investigation
III. Final Determination of Critical
Circumstances, in Part
IV. Scope of the Investigation
V. Use of Adverse Facts Available
VI. Subsidies Valuation
A. Allocation Period
B. Attribution of Subsidies
C. Denominators
VII. Interest Rates Benchmarks and Discount
Rates
VIII. Analysis of Programs
A. Programs Determined To Be
Countervailable
B. Program Determined To Be Not
Countervailable
C. Programs Determined To Be Not Used,
or Not To Confer a Measurable Benefit,
During the POI
D. Program Determined Not To Exist
IX. Analysis of Comments
Comment 1: Whether To Apply AFA to
Both the GOB and Respondents for the
Reduction of IPI for Machines and
Equipment Program
Comment 2: Whether the Reduction of IPI
for Machines and Equipment Program Is
Countervailable
Comment 3: Whether To Apply AFA for
´
the Ex-Tarifario Program
´
Comment 4: Whether Ex-Tarifario is De
Facto Specific
´
Comment 5: Whether Ex-Tarifario Provides
a Financial Contribution
Comment 6: Whether the FINAME Loan
Program Is Specific
Comment 7: Whether To Apply AFA to
Determine the Benefit of the FINAME
Program
Comment 8: Whether To Re-Calculate the
FINAME Program for Usiminas
Comment 9: Whether To Use a CompanySpecific Interest Rate Benchmark To
Calculate the FINAME Program Benefit
for Usiminas
Comment 10: Whether the Integrated
Drawback Scheme Is Countervailable
Comment 11: Whether Usiminas Received
a Benefit From the Integrated Drawback
Scheme
Comment 12: Whether Reintegra Is
Countervailable
Comment 13: Whether to Recalculate the
Reintegra Subsidy Rate
Comment 14: Whether CSN Applied for/
Used the Reintegra Program During the
POI
Comment 15: Whether the Exemption of
Payroll Tax Is Countervailable
E:\FR\FM\12AUN1.SGM
12AUN1
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Comment 16: Whether Subsidies Provided
to UMSA Should Be Attributed to
Usiminas
Comment 17: Whether the Economic
Subvention to National Innovation
Program Is Not Countervailable
Comment 18: Whether FINEP’s Economic
Subvention Program Has Not Conferred
a Measurable Benefit
Comment 19: Whether the Bahia State
Industrial Development and Economic
Integration Program (Desenvolve) Is De
Jure Specific
Comment 20: Whether the GOB’s
References to Web sites Constitute a Full
Response
X. Recommendation
[FR Doc. 2016–19376 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
Scope of the Investigation
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–883]
Certain Hot-Rolled Steel Flat Products
From the Republic of Korea: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Department) determines that certain
hot-rolled steel flat products (hot-rolled
steel) from the Republic of Korea
(Korea) 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
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:
Javier Barrientos or Matthew Renkey,
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)
482–2243 or (202) 482–2312,
respectively.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY:
Background
The Department published the
preliminary determination on March 22,
2016.1 A summary of the events that
occurred since the Department
1 See Certain Hot-Rolled Steel Flat Products from
the Republic of Korea: Affirmative Preliminary
Determination of Sales at Less than Fair Value and
Postponement of Final Determination, 81 FR 15228
(March 22, 2016) (Preliminary Determination), and
accompanying Preliminary Decision Memorandum.
VerDate Sep<11>2014
18:42 Aug 11, 2016
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
Also, as explained in the
memorandum from the Acting Assistant
Secretary for Enforcement and
Compliance, the Department exercised
its authority to toll all administrative
deadlines due to the closure of the
Federal Government.3 As a
consequence, all deadlines in this
segment of the proceeding have been
extended by four business days.
Jkt 238001
The products covered by this
investigation are certain hot-rolled steel
flat products from Korea. For a complete
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix II of this
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.4
A list of the issues raised is attached to
this notice as Appendix I. 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.
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 the Republic of Korea,’’ (Final Issues
and Decision Memorandum), dated concurrently
with this determination and hereby adopted by this
notice.
3 See Memorandum to the File from Ron
Lorentzen, Acting A/S for Enforcement &
Compliance, ‘‘Tolling of Administrative Deadlines
As a Result of the Government Closure During
Snowstorm Jonas,’’ dated January 27, 2016.
4 See Final Issues and Decision Memorandum.
PO 00000
Frm 00025
Fmt 4703
Sfmt 4703
53419
Verification
As provided in section 782(i) of the
Act, in January, April, and June 2016,
the Department verified the sales, cost,
and further manufacturing data reported
by the mandatory respondents Hyundai
Steel Company and POSCO,5 pursuant
to section 782(i) of the Act. We used
standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
respondents.
Use of Adverse Facts Available
In making this final determination,
the Department relied, in part, on facts
available for both POSCO and Hyundai
Steel Company. Furthermore, because
Hyundai Steel Company did not act to
the best of its ability in responding to
certain of the Department’s requests for
information, we drew an adverse
inference where appropriate in selecting
from among the facts otherwise
available.6 For further information, see
the accompanying Final Issues and
Decision Memorandum.
Changes to the Margin Calculations
Since the Preliminary Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for Hyundai
Steel Company and POSCO. For a
discussion of these changes, see the
Final Issues and Decision
Memorandum. We have also revised the
all-others rate in accordance with the
methodology described below.
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.’’
5 We are continuing to collapse the mandatory
respondent POSCO and Daewoo International
Corporation (DWI), and henceforward refer to the
collapsed entity as ‘‘POSCO.’’ See Preliminary
Determination, 81 FR at 15229.
6 See sections 776(a) and (b) of the Act.
E:\FR\FM\12AUN1.SGM
12AUN1
]]>Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53416-53419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19376]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-846]
Countervailing Duty Investigation of Certain Hot-Rolled Steel
Flat Products From Brazil: Final Affirmative Determination, and Final
Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
countervailable subsidies are being provided to producers and exporters
of certain hot-rolled steel flat products (hot-rolled steel, or HRS)
from Brazil. For information on the estimated subsidy rates, see the
``Final Determination'' section of this notice. The period of
investigation is January 1, 2014, through December 31, 2014.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin, Nicholas Czajkowski,
or Lana Nigro, AD/CVD Operations, Office I, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6478, (202) 482-1395, and (202) 482-1779, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the Preliminary Determination on January
15, 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 Issues and Decision Memorandum.\2\ The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic version are identical in content.
---------------------------------------------------------------------------
\1\ See Countervailing Duty Investigation of Certain Hot-Rolled
Steel Flat Products From Brazil: Preliminary Affirmative
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 81 FR 2168 (January 15, 2016)
(Preliminary Determination) and accompanying Preliminary Decision
Memorandum (PDM).
\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
Determination in the Countervailing Duty Investigation of Certain
Hot-Rolled Steel Flat Products from Brazil,'' dated concurrently
with this determination (Issues and Decision Memorandum) and hereby
adopted by this notice.
---------------------------------------------------------------------------
Scope Comments
In accordance with the Preliminary Scope Determination,\3\ the
Department set aside a period of time for parties to address scope
issues in case briefs or other written comments on scope issues.
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
In the Preliminary Determination, we did not modify the scope
language as it appeared in the Initiation Notice.\4\ No interested
party submitted scope comments in case or rebuttal briefs; therefore,
the scope of this investigation remains unchanged for this final
determination.
---------------------------------------------------------------------------
\4\ See Preliminary Determination PDM at ``Scope Comments.''
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are certain hot-rolled
steel flat products from Brazil. For a complete description of the
scope of this investigation, see the ``Scope of the Investigation,''
attached to this notice at Appendix I.
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the Issues and Decision Memorandum. A list of the issues
that parties raised, and to which we have responded in the Issues and
Decision Memorandum, is attached to this notice at Appendix II.
Use of Adverse Facts Available
In making this final determination, the Department relied, in part,
on facts available and, because the Government of Brazil and the
respondent companies did not act to the best of their abilities in
responding to the Department's requests for information, we drew an
adverse inference where appropriate in selecting from among the facts
otherwise available.\5\ Specifically, we applied facts available, with
adverse inferences, for the Reduction of Tax on Industrialized Products
for Machines and Equipment, the BNDES FINAME Loan program, and the Ex-
Tarif[aacute]rio program, in accordance with section 776(a) and (b) of
the Act. For further information, see the section ``Use of Adverse
Facts Available'' in the accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ See sections 776(a) and (b) of the Tariff Act of 1930, as
amended (the Act).
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received from parties, and
the minor corrections presented and additional items discovered at
verification, we made certain changes to the respondents' subsidy rate
calculations. For a discussion of these changes, see the Issues and
Decision Memorandum.
Final Affirmative Determination of Critical Circumstances, in Part
On October 23, 2015, the petitioner filed a timely critical
circumstances allegation pursuant to section 703(e)(1) of the Act and
19 CFR 351.206(c)(1), alleging that critical circumstances exist with
respect to imports of hot-rolled steel from Brazil.\6\ We preliminarily
determined that critical circumstances existed with respect to CSN and
Usiminas, but not for all others companies.\7\ Based on additional
import data that became available since the Preliminary Determination
of Critical Circumstances, we are departing from our preliminary
finding. For this final determination, in accordance with section
705(a) of the Act, we find that critical circumstances exist with
respect to CSN but that critical circumstances do not exist with
respect to Usiminas and all other producers and exporters of
[[Page 53417]]
hot-rolled steel from Brazil.\8\ For a complete discussion, see the
``Critical Circumstances'' section of the Issues and Decision
Memorandum.
---------------------------------------------------------------------------
\6\ See letter from the Petitioner, ``Certain Hot-Rolled Steel
Flat Products From Australia, Brazil, Japan and the Netherlands--
Critical Circumstances Allegations,'' dated October 23, 2015.
\7\ See Antidumping Duty Investigations of Certain Hot-Rolled
Steel Flat Products From Australia, Brazil, Japan, and the
Netherlands and Countervailing Duty Investigation of Certain Hot-
Rolled Steel Flat Products From Brazil: Preliminary Determinations
of Critical Circumstances, 80 FR 76444 (December 9, 2015)
(Preliminary Determination of Critical Circumstances).
\8\ See Issues and Decision Memorandum; see also Memorandum
``Calculations for Final Determination of Critical Circumstances in
the Countervailing Duty Investigation of Certain Hot-Rolled Steel
Flat Products from Brazil,'' dated concurrently with this notice.
---------------------------------------------------------------------------
Final Determination
In accordance with section 705(c)(1)(B)(i) of the Act, we
calculated a rate for Usiminas and CSN, the exporters/producers of
subject merchandise selected for individual examination in this
investigation.
In accordance with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of
the Act, for companies not individually investigated, we apply an ``all
others'' rate, which is normally calculated by weighting the subsidy
rates of the individual companies selected as mandatory respondents by
those companies' exports of the subject merchandise to the United
States. Under section 705(c)(5)(A)(i) of the Act, the all-others rate
excludes zero and de minimis rates calculated for the exporters and
producers individually investigated as well as any rates based entirely
on facts otherwise available, pursuant to section 776 of the Act.
Neither of the respondents' rates was zero or de minimis or based
entirely on facts otherwise available. Notwithstanding the language of
section 705(c)(5)(A)(i) of the Act, we did not calculate the ``all-
others'' rate by weight averaging the rates of the two individually
investigated respondents using their actual export sales data, because
doing so risks disclosure of proprietary information. Instead, we
calculated the all-others rate using the simple average of the
respondents' calculated rates.\9\ The estimated countervailable subsidy
rates are as follows:
---------------------------------------------------------------------------
\9\ See Memorandum to Dana S. Mermelstein, Program Manager, AD/
CVD Operations, Office I, ``Final Affirmative Countervailing Duty
Determination: Hot-Rolled Steel Flat Products from Brazil;
Calculation of the All Others Rate for the Final Determination in
the Countervailing Duty Investigation of Hot-Rolled Steel Flat
Products from Brazil,'' dated concurrently with this notice.
------------------------------------------------------------------------
Subsidy
Company rate
(percent)
------------------------------------------------------------------------
Companhia Siderurgica Nacional (CSN)......................... 11.30
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas).......... 11.09
All Others................................................... 11.20
------------------------------------------------------------------------
Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation of all entries of hot-rolled
steel from Brazil, that were entered, or withdrawn from warehouse, for
consumption on or after October 17, 2015, for CSN and Usiminas, for
which we found critical circumstances exist, and on or after January
15, 2016, the date of the publication of the Preliminary Determination
in the Federal Register, for all other exporters. In accordance with
section 703(d) of the Act, we instructed CBP to discontinue the
suspension of liquidation for countervailing duty (CVD) purposes for
subject merchandise entered, or withdrawn from warehouse, on or after
May 14, 2016, but to continue the suspension of liquidation of all
entries from October 17, 2015, or January 15, 2016, as applicable,
through May 14, 2016. As a result of our negative critical
circumstances determination for Usiminas, we will instruct CBP to
discontinue the suspension of liquidation, and to liquidate, without
regard to countervailing duties, subject merchandise exported by
Usiminas and entered, or withdrawn from warehouse, on or after October
17, 2015 and before January 15, 2016.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a CVD order and will
reinstate the suspension of liquidation under section 706(a) of the Act
and will require a cash deposit of estimated CVDs for such entries of
subject merchandise in the amounts indicated above. If the ITC
determines that material injury, or threat of material injury, does not
exist, this proceeding will be terminated and all estimated duties
deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our determination. In addition, we are making available to the
ITC all non-privileged and non-proprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance.
Notification Regarding Administrative Protective Orders
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
This determination is issued and published pursuant to sections
705(d) and 777(i) of the Act and 19 CFR 351.201(c).
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 \1\ or countervailing duty \2\
orders
[[Page 53418]]
on Certain Cut-To-Length Carbon-Quality Steel Plate Products From
the Republic of Korea (A-580-836; C-580-837), and
---------------------------------------------------------------------------
\1\ 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).
\2\ 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; \3\
---------------------------------------------------------------------------
\3\ 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; \4\
---------------------------------------------------------------------------
\4\ Ball bearing steels are defined as steels which contain, in
addition to iron, each of the following elements by weight in the
amount specified: (i) Not less than 0.95 nor more than 1.13 percent
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv)
none, or not more than 0.03 percent of phosphorus; (v) not less than
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25
nor more than 1.65 percent of chromium; (vii) none, or not more than
0.28 percent of nickel; (viii) none, or not more than 0.38 percent
of copper; and (ix) none, or not more than 0.09 percent of
molybdenum.
---------------------------------------------------------------------------
Tool steels; \5\ and
---------------------------------------------------------------------------
\5\ Tool steels are defined as steels which contain the
following combinations of elements in the quantity by weight
respectively indicated: (i) More than 1.2 percent carbon and more
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent chromium; or
(iii) not less than 0.85 percent carbon and 1 percent to 1.8
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent,
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon and not less
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent
carbon and not less than 5.5 percent tungsten.
---------------------------------------------------------------------------
Silico-manganese steels; \6\
---------------------------------------------------------------------------
\6\ Silico-manganese steel is defined as steels containing by
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or
more but not more than 1.9 percent of manganese, and (iii) 0.6
percent or more but not more than 2.3 percent of silicon.
---------------------------------------------------------------------------
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.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
Issues
II. Background
A. Case History
B. Period of Investigation
III. Final Determination of Critical Circumstances, in Part
IV. Scope of the Investigation
V. Use of Adverse Facts Available
VI. Subsidies Valuation
A. Allocation Period
B. Attribution of Subsidies
C. Denominators
VII. Interest Rates Benchmarks and Discount Rates
VIII. Analysis of Programs
A. Programs Determined To Be Countervailable
B. Program Determined To Be Not Countervailable
C. Programs Determined To Be Not Used, or Not To Confer a
Measurable Benefit, During the POI
D. Program Determined Not To Exist
IX. Analysis of Comments
Comment 1: Whether To Apply AFA to Both the GOB and Respondents
for the Reduction of IPI for Machines and Equipment Program
Comment 2: Whether the Reduction of IPI for Machines and
Equipment Program Is Countervailable
Comment 3: Whether To Apply AFA for the Ex-Tarif[aacute]rio
Program
Comment 4: Whether Ex-Tarif[aacute]rio is De Facto Specific
Comment 5: Whether Ex-Tarif[aacute]rio Provides a Financial
Contribution
Comment 6: Whether the FINAME Loan Program Is Specific
Comment 7: Whether To Apply AFA to Determine the Benefit of the
FINAME Program
Comment 8: Whether To Re-Calculate the FINAME Program for
Usiminas
Comment 9: Whether To Use a Company-Specific Interest Rate
Benchmark To Calculate the FINAME Program Benefit for Usiminas
Comment 10: Whether the Integrated Drawback Scheme Is
Countervailable
Comment 11: Whether Usiminas Received a Benefit From the
Integrated Drawback Scheme
Comment 12: Whether Reintegra Is Countervailable
Comment 13: Whether to Recalculate the Reintegra Subsidy Rate
Comment 14: Whether CSN Applied for/Used the Reintegra Program
During the POI
Comment 15: Whether the Exemption of Payroll Tax Is
Countervailable
[[Page 53419]]
Comment 16: Whether Subsidies Provided to UMSA Should Be
Attributed to Usiminas
Comment 17: Whether the Economic Subvention to National
Innovation Program Is Not Countervailable
Comment 18: Whether FINEP's Economic Subvention Program Has Not
Conferred a Measurable Benefit
Comment 19: Whether the Bahia State Industrial Development and
Economic Integration Program (Desenvolve) Is De Jure Specific
Comment 20: Whether the GOB's References to Web sites Constitute
a Full Response
X. Recommendation
[FR Doc. 2016-19376 Filed 8-11-16; 8:45 am]
BILLING CODE 3510-DS-P
