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]
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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
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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.
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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 https://
enforcement.trade.gov/frn/.
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.
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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
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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
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Final Determination
The Department determines that the
final weighted-average dumping
margins are as follows:
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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
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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).
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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.
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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
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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
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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 https://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 https://
enforcement.trade.gov/frn/.
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]]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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 https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Final Issues and Decision Memorandum are
identical in content.
---------------------------------------------------------------------------
\5\ See Final Issues and Decision Memorandum.
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in March, April, and May 2016, the Department verified the
sales and cost data reported by the mandatory respondents 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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
[[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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
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
