Certain Hot-Rolled Steel Flat Products From Japan: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 53409-53412 [2016-19378]

Download as PDF Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices products from Japan. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix I of this notice. DEPARTMENT OF COMMERCE International Trade Administration [A–588–874] Certain Hot-Rolled Steel Flat Products From Japan: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that certain hot-rolled steel flat products (hot-rolled steel) from Japan are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2014, through June 30, 2015. The final dumping margins of sales at LTFV are listed below in the ‘‘Final Determination’’ section of this notice. DATES: Effective August 12, 2016. FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jun Jack Zhao, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2371 or (202) 482–1396, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On March 22, 2016, the Department published the Preliminary Determination of this antidumping duty (AD) investigation.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 mstockstill on DSK3G9T082PROD with NOTICES The products covered by this investigation are hot-rolled steel flat 1 See Certain Hot-Rolled Steel Flat Products from Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 15222 (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 Japan,’’ (Final Issues and Decision Memorandum), dated concurrently with this determination and hereby adopted by this notice. VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 Scope Comments In the Preliminary Scope Decision Memorandum,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 parties submitted scope comments, except for Nippon Steel & Sumitomo Metal Corporation/Nippon Steel & Sumikin Bussan Corporation (collectively, the Nippon Group) in its case brief and petitioner United States Steel Corporation in its rebuttal brief. These comments are addressed in the Final Issues and Decision Memorandum. The scope of this investigation remains unchanged for this final determination. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Final Issues and Decision Memorandum, which is hereby adopted by this notice.5 A list of the issues raised is attached to this notice as Appendix II. The Final Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’). ACCESS is available to registered users at https://access.trade.gov and it is available to all parties in the Central Records Unit, Room B–8024 of the main Department of Commerce building. In addition, a complete version of the Final Issues and Decision Memorandum can be accessed directly at http:// enforcement.trade.gov/frn/index.html. The signed and electronic versions of 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 (Preliminary Scope Decision Memorandum). 4 See Preliminary Decision Memorandum at page 5. See also Certain Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, the Republic of Korea, the Netherlands, The Republic of Turkey, and the United Kingdom: Initiation of Less-ThanFair-Value Investigations, 80 FR 54261, 54262 (September 9, 2015) (Initiation Notice). 5 See Final Issues and Decision Memorandum. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 53409 the Final Issues and Decision Memorandum are identical in content. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in March, April, and May 2016, the Department verified the sales and cost data reported by the mandatory respondents and their affiliates Nippon Steel & Sumitomo Metal Corporation/ Nippon Steel & Sumikin Bussan Corporation (collectively, the Nippon Group) and JFE Steel Corporation/JFE Shoji Trade Corporation (collectively, the JFE Group). We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by respondents. Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculations for the Nippon Group and the JFE Group. For a discussion of these changes, see the Final Issues and Decision Memorandum. We have also revised the all-others rate consistent 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. We calculated weightedaverage dumping margins for the Nippon Group and the JFE Group, that are above de minimis and which are not based on total facts available. Therefore, we calculated the all-others rate using a weighted-average of the dumping margins calculated for the mandatory respondents using each company’s publicly-ranged values for the merchandise under consideration.6 6 With two respondents, we would normally calculate (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company’s publicly-ranged values for the merchandise under consideration. We would compare (B) and (C) to (A) and select the rate closest E:\FR\FM\12AUN1.SGM Continued 12AUN1 53410 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices entries of hot-rolled steel from Japan, which were entered, or withdrawn from warehouse, for consumption on or after December 23, 2015 (for those entities for which we found critical circumstances Weighted- exist) or on or after March 22, 2016, the date of publication in the Federal average Exporter/producer dumping Register of the affirmative Preliminary margins Determination (for all entities for which (percent) we did not find critical circumstances exist). Because we find in this final Nippon Steel & Sumitomo Metal determination that critical Corporation/Nippon Steel & Sumikin Bussan Corporation .. 4.99 circumstances exist for all-other JFE Steel Corporation/JFE Shoji producers/exporters, we will instruct Trade Corporation ................... 7.51 CBP to suspend liquidation of all such All-Others .................................... 5.58 entries on or after December 23, 2015 (which is 90 days prior to the Final Affirmative Determination of publication of the Preliminary Critical Circumstances, in Part Determination) consistent with section 735(c)(4)(B) of the Act and require cash Prior to the Preliminary deposits. Further, because we find Determination, the Department found critical circumstances do not exist for that critical circumstances exist with the JFE Group, we will terminate the respect to imports of hot-rolled steel from Japan produced or exported by the retroactive suspension of liquidation ordered at the Preliminary Nippon Group and the JFE Group and Determination and release any cash that critical circumstances did not exist deposits that were required during that with respect to all-other producers/ period, consistent with section 735(c)(3) exporters.7 As discussed in the Final of the Act. Issues and Decision Memorandum, in Further, pursuant to section accordance with section 735(a)(3) of the 735(c)(1)(B)(ii) of the Act, CBP shall Act, we no longer find critical require a cash deposit equal to the circumstances with respect to the JFE estimated amount by which the normal Group, and we now find that critical value exceeds the U.S. price, as follows: circumstances exist with respect to allother producers/exporters. We continue (1) For the exporter/producer listed in the table above, the cash deposit rate to find that critical circumstances exist will be equal to the weighted average with respect to the Nippon Group.8 dumping margin which the Department Disclosure determined in this final determination; We intend to disclose the calculations (2) if the exporter is not a firm identified performed to interested parties within in this investigation but the producer is, five days of the public announcement of the rate will be the rate established for this final determination in accordance the producer of the subject with 19 CFR 351.224(b). merchandise; (3) the rate for all other producers or exporters will be 5.58 Continuation of Suspension of percent, as discussed in the ‘‘All-Others Liquidation Rate’’ section, above. These instructions Pursuant to section 735(c)(1)(B) of the suspending liquidation will remain in Act, the Department will instruct U.S. effect until further notice. Customs and Border Protection (CBP) to U.S. International Trade Commission continue to suspend liquidation of all Notification to (A) as the most appropriate rate for all other In accordance with section 735(d) of companies. See Ball Bearings and Parts Thereof the Act, we will notify the U.S. From France, Germany, Italy, Japan, and the United International Trade Commission (ITC) of Kingdom: Final Results of Antidumping Duty the final affirmative determination of Administrative Reviews, Final Results of ChangedCircumstances Review, and Revocation of an Order sales at LTFV. Because the final in Part, 75 FR 53661, 53663 (September 1, 2010). determination in this proceeding is See Memorandum to the File, ‘‘Hot-Rolled Steel affirmative, in accordance with section Flat Products from Japan: Calculation of the Margin 735(b)(2) of the Act, the ITC will make for All Others Rate for the Final Determination,’’ dated August 4, 2016. its final determination as to whether the 7 See Antidumping Duty Investigations of Certain domestic industry in the United States Hot-Rolled Steel Flat Products From Australia, is materially injured, or threatened with Brazil, Japan, and the Netherlands and material injury, by reason of imports of Countervailing Duty Investigation of Certain HotRolled Steel Flat Products from Brazil: Preliminary hot-rolled steel from Japan no later than Determinations of Critical Circumstances, 80 FR 45 days after our final determination. If 76444 (December 9, 2015). the ITC determines that material injury 8 For a full description of the methodology and or threat of material injury does not results of our analysis, see the Final Issues and Decision Memorandum. exist, the proceeding will be terminated mstockstill on DSK3G9T082PROD with NOTICES Final Determination The Department determines that the final weighted-average dumping margins are as follows: VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 and all cash deposits will be refunded. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a violation subject to sanction. This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. Dated: August 4, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The products covered by this investigation are certain hot-rolled, flat-rolled steel products, with or without patterns in relief, and whether or not annealed, painted, varnished, or coated with plastics or other non-metallic substances. The products covered do not include those that are clad, plated, or coated with metal. The products covered include coils that have a width or other lateral measurement (‘‘width’’) of 12.7 mm or greater, regardless of thickness, and regardless of form of coil (e.g., in successively superimposed layers, spirally oscillating, etc.). The products covered also include products not in coils (e.g., in straight lengths) of a thickness of less than 4.75 mm and a width that is 12.7 mm or greater and that measures at least 10 times the thickness. The products described above may be rectangular, square, circular, or other shape and include products of either rectangular or non-rectangular cross-section where such cross-section is achieve subsequent to the rolling process, i.e., products which have been ‘‘worked after rolling’’ (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above: (1) Where the nominal and actual measurements vary, a product is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above unless the resulting measurement makes the product covered by the existing E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES antidumping 9 or countervailing duty 10 orders on Certain Cut-To-Length CarbonQuality Steel Plate Products From the Republic of Korea (A–580–836; C–580–837), and (2) Where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular crosssection, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; (2) the carbon content is 2 percent or less, by weight; and (3) none of the elements listed below exceeds the quantity, by weight, respectively indicated: • 2.50 percent of manganese, or • 3.30 percent of silicon, or • 1.50 percent of copper, or • 1.50 percent of aluminum, or • 1.25 percent of chromium, or • 0.30 percent of cobalt, or • 0.40 percent of lead, or • 2.00 percent of nickel, or • 0.30 percent of tungsten, or • 0.80 percent of molybdenum, or • 0.10 percent of niobium, or • 0.30 percent of vanadium, or • 0.30 percent of zirconium. Unless specifically excluded, products are included in this scope regardless of levels of boron and titanium. For example, specifically included in this scope are vacuum degassed, fully stabilized (commonly referred to as interstitial-free (IF)) 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, 9 See Notice of Amendment of Final Determinations of Sales at Less Than Fair Value and Antidumping Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate Products From France, India, Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585 (February 10, 2000). 10 See Notice of Amended Final Determinations: Certain Cut-to-Length Carbon-Quality Steel Plate From India and the Republic of Korea; and Notice of Countervailing Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate From France, India, Indonesia, Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000). VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 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; 11 • Ball bearing steels; 12 • Tool steels; 13 and • Silico-manganese steels; 14 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, 11 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. 12 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. 13 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. 14 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 00017 Fmt 4703 Sfmt 4703 53411 7211.19.6000, 7211.19.7530, 7211.19.7560, 7211.19.7590, 7225.11.0000, 7225.19.0000, 7225.30.3050, 7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.5000, 7226.91.7000, and 7226.91.8000. The products subject to the investigation may also enter under the following HTSUS numbers: 7210.90.9000, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.5000, 7226.99.0180, and 7228.60.6000. The HTSUS subheadings above are provided for convenience and U.S. Customs and Border Protection purposes only. The written description of the scope of the investigation is dispositive. Appendix II—List of Topics Discussed in the Final Issues and Decision Memorandum I. Summary II. Background III. Final Determination of Critical Circumstances, in Part IV. Scope of the Investigation V. Scope Comments VI. Changes Since the Preliminary Determination VII. Comparison to Fair Value VIII. Discussion of the Issues Nippon Group Comment 1: Whether the Department Should Continue to Apply AFA to Steelscape’s Sales of Non-prime Merchandise Comment 2: Whether the Department Should Continue to Apply AFA to Home Market Sales by Certain of Nippon Group’s Affiliated Downstream Resellers. Comment 3: Whether the Department Should Include Freight Revenue and Fuel Revenue on U.S. Sales Made by Steelscape. Comment 4: Whether the Department Should Reduce the Weight of the Margin Calculated for Sales by One of the Nippon Group’s CEP Resellers Comment 5: Whether the Department Should Accept the Destination Key for One of its CEP Resellers as a Minor Correction Comment 6: Whether the Department Should Apply AFA on Unreported Data and Whether the Department Should Decline to Increase the Cost of Further Manufacturing to Reflect its Calculation of a Markup that Steelscape Washington Charged to its Parent, Steelscape LLC, for Processing Services Performed by Steelscape Washington Comment 7: Whether the Department Should Find that Critical Circumstances Exist for Imports of the Merchandise Under Consideration Shipped by Nippon Group Comment 8: Whether the Department Should Revise its Differential Pricing Analysis Comment 9: Whether the Department Should Exclude Certain Products Produced by Nippon Group from the Scope of the Investigation E:\FR\FM\12AUN1.SGM 12AUN1 53412 Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices Comment 10: Whether the Department Should Make an Adjustment for Nippon Group’s Purchases of Iron Ore at Below Market Value Comment 11: Whether the Department Should Accept Nippon Group’s ValueAdded Calculation and Its Unreported Further-Manufactured U.S. sales Comment 12: Further Manufacturing Financial Expense Ratio Comment 13: General & Administrative Expense Ratio JFE Group Comment 14: Whether the Department Erred in Applying Adverse Facts Available to Certain Downstream Home Market Sales Comment 15: Whether Adverse Facts Available is Warranted for Other Unreported Downstream Sales Comment 16: Whether Shoji America’s Indirect Selling Expense Should be Increased Comment 17: Whether Shoji America’s Freight Expense Should be Increased Comment 18: Whether Verification Minor Corrections Should be Incorporated into the Final Determination Comment 19: Whether the Department Erred by Resetting JFES’s Reported Home Market Credit Expense Comment 20: Whether the Department Should Apply a CEP Offset on JFE’s CEP Sales Comment 21: Whether the Department Should Exclude Sales by CSI from its Antidumping Calculation Comment 22: Whether the Department Should Continue to Apply AFA to the Cost of Inputs Supplied by JFE Shoji Comment 23: Whether the Department Erred in Applying the Transactions Disregarded Adjustment Comment 24: Whether the Department Should Adjust JFE’s COM for Non-Prime Products Comment 25: Whether the Department Should Increase JFE’s COM for Reconciliation Differences Tokyo Steel Comment 26: Whether the Department’s Refusal to Select Tokyo Steel as a Mandatory Respondent Is Unlawful Comment 27: Whether the Department Should Correct the Clerical Error in Its Preliminary Results IX. Recommendation [FR Doc. 2016–19378 Filed 8–11–16; 8:45 am] mstockstill on DSK3G9T082PROD with NOTICES BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–849] Certain Cut-to-Length Carbon Steel Plate From the People’s Republic of China: Preliminary Results of Antidumping Administrative Review, Preliminary Determination of No Shipments, in Part, and Partial Rescission; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: DATES: Effective August 12, 2016. The Department of Commerce (‘‘Department’’) is conducting an administrative review of the antidumping duty order on certain cutto-length carbon steel plate (‘‘CTL plate’’) from the People’s Republic of China (‘‘PRC’’) covering the period of review (‘‘POR’’) November 1, 2014, through October 31, 2015. We preliminarily find that of the two companies under review, one made no shipments of subject merchandise during the POR and the other company has not demonstrated its eligibility for separate rate status, and, thus, is part of the PRC-wide entity. Interested parties are invited to comment on these preliminary results. SUMMARY: FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3518. SUPPLEMENTARY INFORMATION: Background After initiating this review,1 the Department issued an antidumping duty questionnaire to Hunan Valin Xiangtan Iron and Steel Co., Ltd. (‘‘Hunan Valin’’), which notified the Department that it would not respond to the questionnaire. The other respondent, Wuyang Iron & Steel Co., Ltd. (‘‘Wuyang Steel’’) reported that it made no exports, sales, or entries during the POR. All review requests were timely withdrawn for the other 14 companies for which this review was initiated. For a complete description of the events that followed the initiation of this administrative review, see the 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 739 (January 7, 2016) (‘‘Initiation Notice’’). VerDate Sep<11>2014 18:42 Aug 11, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Preliminary Decision Memorandum hereby adopted by, this notice.2 The Preliminary 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 http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Results Decision Memorandum can be accessed directly on the Internet at http:// enforcement.trade.gov/frn/index.html. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content. The Department has exercised its discretion to toll all administrative deadlines due to the closure of the Federal Government because of Snowstorm ‘‘Jonas’’. Thus, all of the deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary results of review is now August 5, 2016.3 Scope of the Order The product covered by the order is certain cut-to-length carbon steel plate from the PRC.4 This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7212.40.5000, and 7212.50.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Partial Rescission Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 2 See the memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance ‘‘Decision Memorandum for the Preliminary Results of the Antidumping Duty Administrative Review of Certain Cut-to-Length Carbon Steel Plate from the People’s Republic of China,’’ dated concurrently with this notice (‘‘Preliminary Decision Memorandum’’). 3 See Memorandum to the Record from Ron Lorentzen, Acting Assistant Secretary for Enforcement & Compliance, regarding ‘‘Tolling of Administrative Deadlines as a Result of the Government Closure during Snowstorm Jonas,’’ dated January 27, 2016. 4 For a complete description of the scope of the order see Preliminary Decision Memorandum. E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53409-53412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19378]



[[Page 53409]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-874]


Certain Hot-Rolled Steel Flat Products From Japan: Final 
Determination of Sales at Less Than Fair Value and Final Affirmative 
Determination of Critical Circumstances

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

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

DATES: Effective August 12, 2016.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo or Jun Jack Zhao, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-2371 or (202) 482-1396, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 22, 2016, the Department published the Preliminary 
Determination of this antidumping duty (AD) investigation.\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\
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    \1\ See Certain Hot-Rolled Steel Flat Products from Japan: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 81 FR 15222 (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 Japan,'' (Final Issues 
and Decision Memorandum), dated concurrently with this determination 
and hereby adopted by this notice.
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Scope of the Investigation

    The products covered by this investigation are hot-rolled steel 
flat products from Japan. For a full description of the scope of this 
investigation, see the ``Scope of the Investigation,'' in Appendix I of 
this notice.

Scope Comments

    In the Preliminary Scope Decision Memorandum,\3\ the Department set 
aside a period of time for parties to address scope issues in case 
briefs or other written comments on scope issues.
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    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Hot-Rolled Steel Products From Australia, Brazil, Japan, 
the Netherlands, the Republic of Korea, Turkey, and the United 
Kingdom: Scope Comments Decision Memorandum for the Preliminary 
Determinations'' dated March 14, 2016 (Preliminary Scope Decision 
Memorandum).
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    In the Preliminary Determination, we did not modify the scope 
language as it appeared in the Initiation Notice.\4\ No interested 
parties submitted scope comments, except for Nippon Steel & Sumitomo 
Metal Corporation/Nippon Steel & Sumikin Bussan Corporation 
(collectively, the Nippon Group) in its case brief and petitioner 
United States Steel Corporation in its rebuttal brief. These comments 
are addressed in the Final Issues and Decision Memorandum. The scope of 
this investigation remains unchanged for this final determination.
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    \4\ See Preliminary Decision Memorandum at page 5. See also 
Certain Hot-Rolled Steel Flat Products From Australia, Brazil, 
Japan, the Republic of Korea, the Netherlands, The Republic of 
Turkey, and the United Kingdom: Initiation of Less-Than-Fair-Value 
Investigations, 80 FR 54261, 54262 (September 9, 2015) (Initiation 
Notice).
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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.\5\ A list of the 
issues raised is attached to this notice as Appendix II. The Final 
Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``ACCESS''). 
ACCESS is available to registered users at https://access.trade.gov and 
it is available to all parties in the Central Records Unit, Room B-8024 
of the main Department of Commerce building. In addition, a complete 
version of the Final Issues and Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/index.html. The signed and 
electronic versions of the Final Issues and Decision Memorandum are 
identical in content.
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    \5\ See Final Issues and Decision Memorandum.
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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in March, April, and May 2016, the Department verified the 
sales and cost data reported by the mandatory respondents and their 
affiliates Nippon Steel & Sumitomo Metal Corporation/Nippon Steel & 
Sumikin Bussan Corporation (collectively, the Nippon Group) and JFE 
Steel Corporation/JFE Shoji Trade Corporation (collectively, the JFE 
Group). We used standard verification procedures, including an 
examination of relevant accounting and production records, and original 
source documents provided by respondents.

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
the Nippon Group and the JFE Group. For a discussion of these changes, 
see the Final Issues and Decision Memorandum. We have also revised the 
all-others rate consistent 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. We calculated weighted-average dumping margins for the Nippon 
Group and the JFE Group, that are above de minimis and which are not 
based on total facts available. Therefore, we calculated the all-others 
rate using a weighted-average of the dumping margins calculated for the 
mandatory respondents using each company's publicly-ranged values for 
the merchandise under consideration.\6\
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    \6\ With two respondents, we would normally calculate (A) a 
weighted-average of the dumping margins calculated for the mandatory 
respondents; (B) a simple average of the dumping margins calculated 
for the mandatory respondents; and (C) a weighted-average of the 
dumping margins calculated for the mandatory respondents using each 
company's publicly-ranged values for the merchandise under 
consideration. We would compare (B) and (C) to (A) and select the 
rate closest to (A) as the most appropriate rate for all other 
companies. See Ball Bearings and Parts Thereof From France, Germany, 
Italy, Japan, and the United Kingdom: Final Results of Antidumping 
Duty Administrative Reviews, Final Results of Changed-Circumstances 
Review, and Revocation of an Order in Part, 75 FR 53661, 53663 
(September 1, 2010). See Memorandum to the File, ``Hot-Rolled Steel 
Flat Products from Japan: Calculation of the Margin for All Others 
Rate for the Final Determination,'' dated August 4, 2016.

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[[Page 53410]]

Final Determination

    The Department determines that the final weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margins
                                                               (percent)
------------------------------------------------------------------------
Nippon Steel & Sumitomo Metal Corporation/Nippon Steel &            4.99
 Sumikin Bussan Corporation.................................
JFE Steel Corporation/JFE Shoji Trade Corporation...........        7.51
All-Others..................................................        5.58
------------------------------------------------------------------------

Final Affirmative Determination of Critical Circumstances, in Part

    Prior to the Preliminary Determination, the Department found that 
critical circumstances exist with respect to imports of hot-rolled 
steel from Japan produced or exported by the Nippon Group and the JFE 
Group and that critical circumstances did not exist with respect to 
all-other producers/exporters.\7\ As discussed in the Final Issues and 
Decision Memorandum, in accordance with section 735(a)(3) of the Act, 
we no longer find critical circumstances with respect to the JFE Group, 
and we now find that critical circumstances exist with respect to all-
other producers/exporters. We continue to find that critical 
circumstances exist with respect to the Nippon Group.\8\
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    \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).
    \8\ For a full description of the methodology and results of our 
analysis, see the Final Issues and Decision Memorandum.
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Disclosure

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

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, the Department will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of hot-rolled steel from Japan, 
which were entered, or withdrawn from warehouse, for consumption on or 
after December 23, 2015 (for those entities for which we found critical 
circumstances exist) or on or after March 22, 2016, the date of 
publication in the Federal Register of the affirmative Preliminary 
Determination (for all entities for which we did not find critical 
circumstances exist). Because we find in this final determination that 
critical circumstances exist for all-other producers/exporters, we will 
instruct CBP to suspend liquidation of all such entries on or after 
December 23, 2015 (which is 90 days prior to the publication of the 
Preliminary Determination) consistent with section 735(c)(4)(B) of the 
Act and require cash deposits. Further, because we find critical 
circumstances do not exist for the JFE Group, we will terminate the 
retroactive suspension of liquidation ordered at the Preliminary 
Determination and release any cash deposits that were required during 
that period, consistent with section 735(c)(3) of the Act.
    Further, pursuant to section 735(c)(1)(B)(ii) of the Act, CBP shall 
require a cash deposit equal to the estimated amount by which the 
normal value exceeds the U.S. price, as follows: (1) For the exporter/
producer listed in the table above, the cash deposit rate will be equal 
to the weighted average dumping margin which the Department determined 
in this final determination; (2) if the exporter is not a firm 
identified in this investigation but the producer is, the rate will be 
the rate established for the producer of the subject merchandise; (3) 
the rate for all other producers or exporters will be 5.58 percent, as 
discussed in the ``All-Others Rate'' section, above. These instructions 
suspending liquidation will remain in effect until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of hot-rolled 
steel from Japan no later than 45 days after our final determination. 
If the ITC determines that material injury or threat of material injury 
does not exist, the proceeding will be terminated and all cash deposits 
will be refunded. If the ITC determines that such injury does exist, 
the Department will issue an antidumping duty order directing CBP to 
assess, upon further instruction by the Department, antidumping duties 
on all imports of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a violation subject to sanction.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

    Dated: August 4, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The products covered by this investigation are certain hot-
rolled, flat-rolled steel products, with or without patterns in 
relief, and whether or not annealed, painted, varnished, or coated 
with plastics or other non-metallic substances. The products covered 
do not include those that are clad, plated, or coated with metal. 
The products covered include coils that have a width or other 
lateral measurement (``width'') of 12.7 mm or greater, regardless of 
thickness, and regardless of form of coil (e.g., in successively 
superimposed layers, spirally oscillating, etc.). The products 
covered also include products not in coils (e.g., in straight 
lengths) of a thickness of less than 4.75 mm and a width that is 
12.7 mm or greater and that measures at least 10 times the 
thickness. The products described above may be rectangular, square, 
circular, or other shape and include products of either rectangular 
or non-rectangular cross-section where such cross-section is achieve 
subsequent to the rolling process, i.e., products which have been 
``worked after rolling'' (e.g., products which have been beveled or 
rounded at the edges). For purposes of the width and thickness 
requirements referenced above:
    (1) Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set forth above unless the resulting measurement makes the product 
covered by the existing

[[Page 53411]]

antidumping \9\ or countervailing duty \10\ orders on Certain Cut-
To-Length Carbon-Quality Steel Plate Products From the Republic of 
Korea (A-580-836; C-580-837), and
---------------------------------------------------------------------------

    \9\ See Notice of Amendment of Final Determinations of Sales at 
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products From France, India, 
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585 
(February 10, 2000).
    \10\ See Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate From India and the Republic of 
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate From France, India, Indonesia, 
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000).
---------------------------------------------------------------------------

    (2) Where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.
    Steel products included in the scope of this investigation are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; (2) the carbon content is 2 percent or 
less, by weight; and (3) none of the elements listed below exceeds 
the quantity, by weight, respectively indicated:
     2.50 percent of manganese, or
     3.30 percent of silicon, or
     1.50 percent of copper, or
     1.50 percent of aluminum, or
     1.25 percent of chromium, or
     0.30 percent of cobalt, or
     0.40 percent of lead, or
     2.00 percent of nickel, or
     0.30 percent of tungsten, or
     0.80 percent of molybdenum, or
     0.10 percent of niobium, or
     0.30 percent of vanadium, or
     0.30 percent of zirconium.
    Unless specifically excluded, products are included in this 
scope regardless of levels of boron and titanium.
    For example, specifically included in this scope are vacuum 
degassed, fully stabilized (commonly referred to as interstitial-
free (IF)) steels, high strength low alloy (HSLA) steels, the 
substrate for motor lamination steels, Advanced High Strength Steels 
(AHSS), and Ultra High Strength Steels (UHSS). IF steels are 
recognized as low carbon steels with micro-alloying levels of 
elements such as titanium and/or niobium added to stabilize carbon 
and nitrogen elements. HSLA steels are recognized as steels with 
micro-alloying levels of elements such as chromium, copper, niobium, 
titanium, vanadium, and molybdenum. The substrate for motor 
lamination steels contains micro-alloying levels of elements such as 
silicon and aluminum. AHSS and UHSS are considered high tensile 
strength and high elongation steels, although AHSS and UHSS are 
covered whether or not they are high tensile strength or high 
elongation steels.
    Subject merchandise includes hot-rolled steel that has been 
further processed in a third country, including but not limited to 
pickling, oiling, levelling, annealing, tempering, temper rolling, 
skin passing, painting, varnishing, trimming, cutting, punching, 
and/or slitting, or any other processing that would not otherwise 
remove the merchandise from the scope of the investigation if 
performed in the country of manufacture of the hot-rolled steel.
    All products that meet the written physical description, and in 
which the chemistry quantities do not exceed any one of the noted 
element levels listed above, are within the scope of this 
investigation unless specifically excluded. The following products 
are outside of and/or specifically excluded from the scope of this 
investigation:
     Universal mill plates (i.e., hot-rolled, flat-rolled 
products not in coils that have been rolled on four faces or in a 
closed box pass, of a width exceeding 150 mm but not exceeding 1250 
mm, of a thickness not less than 4.0 mm, and without patterns in 
relief);
     Products that have been cold-rolled (cold-reduced) 
after hot-rolling; \11\
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    \11\ 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; \12\
---------------------------------------------------------------------------

    \12\ Ball bearing steels are defined as steels which contain, in 
addition to iron, each of the following elements by weight in the 
amount specified: (i) Not less than 0.95 nor more than 1.13 percent 
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of 
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) 
none, or not more than 0.03 percent of phosphorus; (v) not less than 
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 
nor more than 1.65 percent of chromium; (vii) none, or not more than 
0.28 percent of nickel; (viii) none, or not more than 0.38 percent 
of copper; and (ix) none, or not more than 0.09 percent of 
molybdenum.
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     Tool steels; \13\ and
---------------------------------------------------------------------------

    \13\ Tool steels are defined as steels which contain the 
following combinations of elements in the quantity by weight 
respectively indicated: (i) More than 1.2 percent carbon and more 
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon 
and 1.25 percent or more but less than 10.5 percent chromium; or 
(iii) not less than 0.85 percent carbon and 1 percent to 1.8 
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, 
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, 
molybdenum; or (v) not less than 0.5 percent carbon and not less 
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent 
carbon and not less than 5.5 percent tungsten.
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     Silico-manganese steels; \14\
---------------------------------------------------------------------------

    \14\ Silico-manganese steel is defined as steels containing by 
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or 
more but not more than 1.9 percent of manganese, and (iii) 0.6 
percent or more but not more than 2.3 percent of silicon.
---------------------------------------------------------------------------

    The products subject to this investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7208.10.1500, 7208.10.3000, 
7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030, 
7208.26.0060, 7208.27.0030, 7208.27.0060, 7208.36.0030, 
7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015, 
7208.38.0030, 7208.38.0090, 7208.39.0015, 7208.39.0030, 
7208.39.0090, 7208.40.6030, 7208.40.6060, 7208.53.0000, 
7208.54.0000, 7208.90.0000, 7210.70.3000, 7211.14.0030, 
7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000, 
7211.19.4500, 7211.19.6000, 7211.19.7530, 7211.19.7560, 
7211.19.7590, 7225.11.0000, 7225.19.0000, 7225.30.3050, 
7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000, 
7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000, 
7226.91.5000, 7226.91.7000, and 7226.91.8000. The products subject 
to the investigation may also enter under the following HTSUS 
numbers: 7210.90.9000, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
7212.50.0000, 7214.91.0015, 7214.91.0060, 7214.91.0090, 
7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.5000, 
7226.99.0180, and 7228.60.6000.
    The HTSUS subheadings above are provided for convenience and 
U.S. Customs and Border Protection purposes only. The written 
description of the scope of the investigation is dispositive.

Appendix II--List of Topics Discussed in the Final Issues and Decision 
Memorandum

I. Summary
II. Background
III. Final Determination of Critical Circumstances, in Part
IV. Scope of the Investigation
V. Scope Comments
VI. Changes Since the Preliminary Determination
VII. Comparison to Fair Value
VIII. Discussion of the Issues
    Nippon Group
    Comment 1: Whether the Department Should Continue to Apply AFA 
to Steelscape's Sales of Non-prime Merchandise
    Comment 2: Whether the Department Should Continue to Apply AFA 
to Home Market Sales by Certain of Nippon Group's Affiliated 
Downstream Resellers.
    Comment 3: Whether the Department Should Include Freight Revenue 
and Fuel Revenue on U.S. Sales Made by Steelscape.
    Comment 4: Whether the Department Should Reduce the Weight of 
the Margin Calculated for Sales by One of the Nippon Group's CEP 
Resellers
    Comment 5: Whether the Department Should Accept the Destination 
Key for One of its CEP Resellers as a Minor Correction
    Comment 6: Whether the Department Should Apply AFA on Unreported 
Data and Whether the Department Should Decline to Increase the Cost 
of Further Manufacturing to Reflect its Calculation of a Markup that 
Steelscape Washington Charged to its Parent, Steelscape LLC, for 
Processing Services Performed by Steelscape Washington
    Comment 7: Whether the Department Should Find that Critical 
Circumstances Exist for Imports of the Merchandise Under 
Consideration Shipped by Nippon Group
    Comment 8: Whether the Department Should Revise its Differential 
Pricing Analysis
    Comment 9: Whether the Department Should Exclude Certain 
Products Produced by Nippon Group from the Scope of the 
Investigation

[[Page 53412]]

    Comment 10: Whether the Department Should Make an Adjustment for 
Nippon Group's Purchases of Iron Ore at Below Market Value
    Comment 11: Whether the Department Should Accept Nippon Group's 
Value-Added Calculation and Its Unreported Further-Manufactured U.S. 
sales
    Comment 12: Further Manufacturing Financial Expense Ratio
    Comment 13: General & Administrative Expense Ratio
    JFE Group
    Comment 14: Whether the Department Erred in Applying Adverse 
Facts Available to Certain Downstream Home Market Sales
    Comment 15: Whether Adverse Facts Available is Warranted for 
Other Unreported Downstream Sales
    Comment 16: Whether Shoji America's Indirect Selling Expense 
Should be Increased
    Comment 17: Whether Shoji America's Freight Expense Should be 
Increased
    Comment 18: Whether Verification Minor Corrections Should be 
Incorporated into the Final Determination
    Comment 19: Whether the Department Erred by Resetting JFES's 
Reported Home Market Credit Expense
    Comment 20: Whether the Department Should Apply a CEP Offset on 
JFE's CEP Sales
    Comment 21: Whether the Department Should Exclude Sales by CSI 
from its Antidumping Calculation
    Comment 22: Whether the Department Should Continue to Apply AFA 
to the Cost of Inputs Supplied by JFE Shoji
    Comment 23: Whether the Department Erred in Applying the 
Transactions Disregarded Adjustment
    Comment 24: Whether the Department Should Adjust JFE's COM for 
Non-Prime Products
    Comment 25: Whether the Department Should Increase JFE's COM for 
Reconciliation Differences
    Tokyo Steel
    Comment 26: Whether the Department's Refusal to Select Tokyo 
Steel as a Mandatory Respondent Is Unlawful
    Comment 27: Whether the Department Should Correct the Clerical 
Error in Its Preliminary Results
IX. Recommendation

[FR Doc. 2016-19378 Filed 8-11-16; 8:45 am]
 BILLING CODE 3510-DS-P