Certain Hot-Rolled Steel Flat Products From Brazil: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part, 53424-53428 [2016-19381]
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53424
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
(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; 12
• Ball bearing steels; 13
mstockstill on DSK3G9T082PROD with NOTICES
12 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.
13 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
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• Tool steels; 14 and
• Silico-manganese steels; 15
The products subject to this investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.10.1500,
7208.10.3000, 7208.10.6000, 7208.25.3000,
7208.25.6000, 7208.26.0030, 7208.26.0060,
7208.27.0030, 7208.27.0060, 7208.36.0030,
7208.36.0060, 7208.37.0030, 7208.37.0060,
7208.38.0015, 7208.38.0030, 7208.38.0090,
7208.39.0015, 7208.39.0030, 7208.39.0090,
7208.40.6030, 7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000, 7210.70.3000,
7211.14.0030, 7211.14.0090, 7211.19.1500,
7211.19.2000, 7211.19.3000, 7211.19.4500,
7211.19.6000, 7211.19.7530, 7211.19.7560,
7211.19.7590, 7225.11.0000, 7225.19.0000,
7225.30.3050, 7225.30.7000, 7225.40.7000,
7225.99.0090, 7226.11.1000, 7226.11.9030,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.5000, 7226.91.7000, and
7226.91.8000. The products subject to the
investigation may also enter under the
following HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060,
7214.91.0090, 7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000, 7226.99.0180,
and 7228.60.6000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
purposes only. The written description of the
scope of the investigation is dispositive.
Appendix II
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.
14 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.
15 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.
AGENCY:
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List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Critical Circumstances
IV. Scope of the Investigation
V. Margin Calculations
VI. Comparisons to Fair Value
VII. Discussion of the Issues
Comment 1: Purchases of Raw Material
Inputs
Comment 2: G&A Expenses Ratio
Comment 3: TSIJ’s B-Slab Adjustment to
Cost of Manufacturing
VIII. Recommendation
[FR Doc. 2016–19371 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–845]
Certain Hot-Rolled Steel Flat Products
From Brazil: Final Determination of
Sales at Less Than Fair Value and
Final Affirmative Determination of
Critical Circumstances, in Part
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 Brazil 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:
Peter Zukowski, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–0189.
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
53425
SUPPLEMENTARY INFORMATION:
Analysis of Comments Received
Background
The products covered by this
investigation are certain hot-rolled steel
flat products from Brazil. For a complete
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix I of this
notice.
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum, which is
hereby adopted by this notice.6 A list of
the issues raised is attached to this
notice as Appendix II. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov and it is available to all
parties in the Central Records Unit,
room B–8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Scope Comments
Verification
In accordance with the Preliminary
Scope Determination,5 the Department
set aside a period of time for parties to
address scope issues in case briefs or
other written comments on scope issues.
No interested parties submitted scope
comments in case or rebuttal briefs;
therefore, the scope of this investigation
remains unchanged for this final
determination.
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in April and May 2016, the Department
verified the sales and cost data reported
by CSN, pursuant to section 782(i) of the
Act. We used standard verification
procedures, including an examination of
relevant accounting and production
records, and original source documents
provided by the respondent.7
Based on CSN’s supplemental cost
responses and revised sales and cost
files, our findings at verification and our
analysis of the comments received, we
made certain changes to the margin
calculations for CSN. For a discussion of
these changes, see the ‘‘Margin
Calculations’’ and ‘‘Comparisons to Fair
Value’’ sections of the Issues and
Decision Memorandum. We have also
revised the all-others rate.
Use of Adverse Facts Available
All-Others Rate
The Department found in the
Preliminary Determination that
Usiminas Siderurgicas de Minas Gerais
S.A. (Usiminas) withheld requested
information, significantly impeded the
proceeding, and did not cooperate to the
best of its ability in responding to the
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. For purposes of
this final determination, we are
assigning 33.14 percent as the ‘‘allothers’’ rate, which is based on the
estimated dumping margin calculated
for CSN, the only mandatory respondent
for which we calculated a dumping
margin.11
On March 22, 2016, the Department
published the Preliminary
Determination of this antidumping duty
(AD) investigation.1 The following
events occurred since the Preliminary
Determination was issued. In March
2016, the Department received
supplemental cost responses and
revised sales and cost files from
Companhia Siderurgica Nacional (CSN),
a mandatory respondent in this
investigation. In June 2016, SSAB
Enterprises, LLC, and Steel Dynamics,
Inc.,2 and CSN submitted case briefs 3
and rebuttal briefs.4
mstockstill on DSK3G9T082PROD with NOTICES
Scope of the Investigation
1 See Certain Hot-Rolled Steel Flat Products From
Brazil: Affirmative Preliminary Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination and Extension of Provisional
Measures, 81 FR 15235 (March 22, 2016)
(Preliminary Determination).
2 The petitioners in this case are AK Steel
Corporation (AK Steel), ArcelorMittal USA LLC,
Nucor Corporation, SSAB Enterprises, LLC, Steel
Dynamics, Inc., and United States Steel Corporation
(collectively, the petitioners). SSAB Enterprises,
LLC and Steel Dynamics, Inc., submitted case and
rebuttal briefs on behalf of all of the petitioners.
3 See Letter from SSAB Enterprises, LLC, and
Steel Dynamics, Inc., ‘‘Certain Hot-Rolled Steel Flat
Products From Brazil: Petitioners’ Case Brief’’ (June
17, 2016); Letter from CSN, ‘‘Certain Cold-Rolled
Steel Flat Products from Brazil and Certain HotRolled Steel Flat Products from Brazil: CSN’s Case
Brief’’ (June 17, 2016).
4 See Letter from SSAB Enterprises, LLC, and
Steel Dynamics, Inc., ‘‘Certain Hot-Rolled Steel Flat
Products From Brazil: Petitioners’ Rebuttal Brief’’
(June 22, 2016); Letter from CSN, ‘‘Certain HotRolled Steel Flat Products from Brazil: CSN’s
Rebuttal Brief’’ (June 22, 2016).
5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain HotRolled Steel Products From Australia, Brazil, Japan,
the Netherlands, the Republic of Korea, Turkey, and
the United Kingdom: Scope Comments Decision
Memorandum for the Preliminary Determinations’’
dated March 14, 2016 (Preliminary Scope Decision
Memorandum).
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6 See Memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and
Compliance, from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations ‘‘Issues and
Decision Memorandum for the Final Determination
of the Antidumping Duty Investigation of Certain
Hot-Rolled Steel Flat Products from Brazil’’ (August
4, 2016) (Issues and Decision Memorandum).
7 See Memoranda to the File: ‘‘Certain Hot-Rolled
Steel Flat Products from Brazil: Sales Verification
Report for Companhia Siderugica Nacional,’’ dated
May 20, 2016; ‘‘Certain Hot-Rolled Steel Flat
Products from Brazil: Sales Verification Report for
Companhia Siderugica Nacional LLC USA,’’ dated
June 2, 2016; ‘‘Verification of the Further
Manufacturing Response of Companhia Siderugica
Nacional S.A. in the Antidumping Duty
Investigation of Hot-Rolled Steel Flat Products from
Brazil,’’ dated June 3, 2016; and, ‘‘Verification of
the Cost of Production Response of Companhia
Siderugica Nacional S.A. in the Antidumping Duty
Investigation of Certain Hot-Rolled Steel Flat
Products from Brazil,’’ dated June 8, 2016.
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Department’s requests for information.8
Therefore, in accordance with sections
776(a)(2)(A) and (C) of the Act, 776(b) of
the Act, and 19 CFR 351.308(a), the
Department preliminarily determined
the weighted-average dumping margin
for Usiminas based on facts otherwise
available with an adverse inference and
preliminarily selected 34.28 percent as
the adverse facts-available dumping
margin for Usiminas, which is the
highest margin alleged in the petition.9
This rate was assigned to Usiminas
because Usiminas failed to respond to
sections B, C, and D of the Department’s
questionnaire in this investigation.10
The Department received no
comments regarding its preliminary
application of the adverse factsavailable dumping margin to Usiminas.
For the final determination, the
Department has not altered its analysis
or its decision to apply the adverse
facts-available dumping margin to
Usiminas.
Changes Since the Preliminary
Determination
8 See
Preliminary Determination.
See also Memorandum to the File entitled,
‘‘Certain Hot-Rolled Steel Flat Products from Brazil:
Corroboration of a Rate Based on Adverse Facts
Available,’’ dated March 14, 2016.
10 Id.
11 See Memorandum to the File, ‘‘Antidumping
Duty Investigation of Certain Hot-Rolled Steel Flat
Products from Brazil: Calculation of All-Others
Rate’’ (All-Others Rate Memorandum), dated
August 4, 2016.
9 Id.
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
Final Determination
The Department determines that the
final weighted-average dumping
margins are as follows:
Weightedaverage
margin
(percent)
Exporter/Producer
Companhia Siderurgica Nacional ............................................................................................................................
Usiminas Siderurgicas de Minas Gerais S.A. (Usiminas) .......................................................................................
All-Others .................................................................................................................................................................
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).
mstockstill on DSK3G9T082PROD with NOTICES
Final Affirmative Determination of
Critical Circumstances, in Part
On December 9, 2015, the Department
found that critical circumstances existed
for merchandise exported by CSN and
Usiminas, but not for ‘‘all others.’’ 12
Based on the final sales data submitted
by CSN and further analysis following
the Preliminary Determination of
Critical Circumstances, we are
modifying our findings for the final
determination, in part. For the final
determination with respect to CSN, our
analysis of the reported monthly
shipment data demonstrates that
shipments of hot-rolled steel by CSN
during the comparison period increased
by less than 15 percent over shipments
during the base period, and thus, we
find that critical circumstances do not
exist for CSN. As discussed in the ‘‘Use
of Adverse Facts Available’’ section
above, Usiminas did not cooperate with
this investigation. Thus, we based our
critical circumstances determination
with respect to Usiminas on AFA and
find that critical circumstances exist
with respect to it. For all others, we
determined that the imports during the
comparison period increased less than
15 percent over imports during the base
period and, accordingly, that critical
circumstances do not exist with respect
to all other producers and exporters of
hot-rolled steel from Brazil. For a
complete discussion of this issue, see
the ‘‘Final Determination of Critical
12 See ‘‘Antidumping Duty Investigations of
Certain Hot-Rolled Steel Flat Products From
Australia, Brazil, Japan, and the Netherlands and
Countervailing Duty Investigation of Certain HotRolled Steel Flat Products From Brazil: Preliminary
Determinations of Critical Circumstances’’, 80 FR
76444 (December 9, 2015) (Preliminary
Determination of Critical Circumstances).
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Circumstances’’ section of the Issues
and Decision Memorandum.
Continuation of Suspension of
Liquidation
In accordance with 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 appropriate entries of
hot-rolled steel from Brazil, as described
in Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after March 22,
2016, the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
Because of our affirmative
determination of critical circumstances
for Usiminas, in accordance with
section 735(a)(3) and (c)(4)(C) of the Act,
suspension of liquidation of hot-rolled
steel from Brazil, shall continue to
apply, for Usiminas, to unliquidated
entries of merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date which
is 90 days before the publication of the
Preliminary Determination. Because we
find in this final determination that
critical circumstances do not exist for
CSN and for exporters not individually
examined and subject to the all-others
rate, consistent with section 735(c)(3) of
the Act, we will instruct CBP to
terminate the suspension of liquidation
of entries, and to liquidate without
regard to antidumping duties, entries of
hot-rolled steel exported by CSN and all
other companies, and entered, or
withdrawn from warehouse for
consumption on or after December 23,
2015, and before March 22, 2016.
Further, the Department will instruct
CBP to require a cash deposit equal to
the estimated amount by which the
normal value exceeds the U.S. price as
shown above, adjusted where
appropriate for export subsidies found
in the final determination of the
companion countervailing duty
investigation. Consistent with our
longstanding practice, where the
product under investigation is also
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33.14
34.28
33.14
Cash deposit
rate
(percent)
29.07
30.51
29.07
subject to a concurrent countervailing
duty investigation, we instruct CBP to
require a cash deposit equal to the
amount by which the NV exceeds the
U.S. price, less the amount of the
countervailing duty determined to
constitute any export subsidies.13
Therefore, in the event that a
countervailing duty order is issued and
suspension of liquidation is resumed in
the companion countervailing duty
investigation on hot-rolled steel flat
products from Brazil the Department
will instruct CBP to require cash
deposits adjusted by the amount of
export subsidies, as appropriate. These
adjustments are reflected in the final
column of the rate chart, above.14 Until
such suspension of liquidation is
resumed in the companion
countervailing duty investigation, and
so long as suspension of liquidation
continues under this antidumping duty
investigation, the cash deposit rates for
this antidumping duty investigation will
be the rates identified in the weightedaverage margin column in the rate chart,
above.
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the 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
13 See, e.g., Welded Line Pipe From the Republic
of Turkey: Final Determination of Sales at Less
Than Fair Value, 80 FR 61362 (October 13, 2015)
and Notice of Final Determination of Sales at Less
Than Fair Value and Negative Critical
Circumstances Determination: Bottom Mount
Combination Refrigerator-Freezers From the
Republic of Korea, 77 FR 17413 (March 26, 2012).
14 See Countervailing Duty Investigation of
Certain Hot-Rolled Steel Flat Products from Brazil:
Final Affirmative Determination, and Final
Determination of Critical Circumstances, in Part,
dated August 4, 2016; see also the All-Others Rate
Memorandum dated concurrently with this notice.
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Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
material injury, by reason of imports of
hot-rolled steel from Brazil no later than
45 days after our final determination. If
the ITC determines that material injury
or threat of material injury does not
exist, the proceeding will be terminated
and all cash deposits will be refunded.
If the ITC determines that such injury
does exist, the Department will issue an
antidumping duty order directing CBP
to assess, upon further instruction by
the Department, antidumping duties on
all imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice serves as a reminder to
parties subject to an Administrative
Protective Order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a violation subject to sanction.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Dated: August 4, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK3G9T082PROD with NOTICES
Appendix I—Scope of the Investigation
The products covered by this investigation
are certain hot-rolled, flat-rolled steel
products, with or without patterns in relief,
and whether or not annealed, painted,
varnished, or coated with plastics or other
non-metallic substances. The products
covered do not include those that are clad,
plated, or coated with metal. The products
covered include coils that have a width or
other lateral measurement (‘‘width’’) of 12.7
mm or greater, regardless of thickness, and
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
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scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set forth
above unless the resulting measurement
makes the product covered by the existing
antidumping 15 or countervailing duty 16
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.
15 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).
16 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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53427
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; 17
• Ball bearing steels; 18
• Tool steels; 19 and
• Silico-manganese steels; 20
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,
17 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.
18 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.
19 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.
20 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.
E:\FR\FM\12AUN1.SGM
12AUN1
53428
Federal Register / Vol. 81, No. 156 / Friday, August 12, 2016 / Notices
7208.39.0015, 7208.39.0030, 7208.39.0090,
7208.40.6030, 7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000, 7210.70.3000,
7211.14.0030, 7211.14.0090, 7211.19.1500,
7211.19.2000, 7211.19.3000, 7211.19.4500,
7211.19.6000, 7211.19.7530, 7211.19.7560,
7211.19.7590, 7225.11.0000, 7225.19.0000,
7225.30.3050, 7225.30.7000, 7225.40.7000,
7225.99.0090, 7226.11.1000, 7226.11.9030,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.5000, 7226.91.7000, and
7226.91.8000. The products subject to the
investigation may also enter under the
following HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060,
7214.91.0090, 7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000, 7226.99.0180,
and 7228.60.6000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
purposes only. The written description of the
scope of the investigation is dispositive.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Final Determination of Critical
Circumstances
V. Margin Calculations
VI. Comparisons to Fair Value
VII. Discussion of Issues
Comment 1: Duty Drawback
Comment 2: Inventory Carrying Costs
Comment 3: Credit Revenue
Comment 4: Model Match
Comment 5: Calculation of CSN LLC’s G&A
Expense Ratio
Comment 6: Whether To Use a
Consolidated or Non-Consolidated
Financial Expense Ratio
Comment 7: The Market Value for
Affiliated Energy Inputs
Comment 8: Whether To Include Certain
Expenses Recorded Directly to Cost of
Goods Sold (COGS)
VIII. Recommendation
[FR Doc. 2016–19381 Filed 8–11–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–826]
Certain Hot-Rolled Steel Flat Products
From the Republic of Turkey: Final
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that
imports of certain hot-rolled steel flat
products (hot-rolled steel) from the
Republic of Turkey (Turkey) are being,
or are likely to be, sold in the United
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
18:42 Aug 11, 2016
Jkt 238001
States at less than fair value (LTFV). The
period of investigation (POI) is July 1,
2014, through June 30, 2015. The final
dumping margins of sales at LTFV are
listed below in the ‘‘Final
Determination’’ section of this notice.
DATES: Effective August 12, 2016.
FOR FURTHER INFORMATION CONTACT: Toni
Page or Alexander Cipolla, AD/CVD
Operations, Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–1398 or (202) 482–
4956, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 22, 2016, the Department
published the Preliminary
Determination of this antidumping duty
(AD) investigation.1 The following
events occurred since the Preliminary
Determination was issued.
The Department received case and
rebuttal briefs from Petitioners, Erdemir,
and Colakoglu between June 7 and June
20, 2016.2 A hearing was held on June
23, 2016.3
Scope of the Investigation
The products covered by this
investigation are hot-rolled steel flat
products from Turkey. For a full
description of the scope of this
investigation, see the ‘‘Scope of the
Investigation,’’ in Appendix I of this
notice.
Scope Comments
In the Preliminary Scope Decision
Memorandum,4 the Department set
aside a period of time for parties to
address scope issues in case briefs or
other written comments on scope issues.
In the Preliminary Determination, we
did not modify the scope language as it
1 See Certain Hot-Rolled Steel Flat Products From
the Republic of Turkey: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 15231
(March 22, 2016) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
2 See the ‘‘Table of Authorities’’ in the Final
Issues and Decision Memorandum for a complete
list of case and rebuttal briefs filed.
3 See ‘‘Transcript of Hearing in the Antidumping
Duty Investigation of Certain Hot-Rolled Steel Flat
Products from the Republic of Turkey’’ (June 30,
2016).
4 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain HotRolled Steel Products From Australia, Brazil, Japan,
the Netherlands, the Republic of Korea, Turkey, and
the United Kingdom: Scope Comments Decision
Memorandum for the Preliminary Determinations,’’
dated March 14, 2016 (Preliminary Scope Decision
Memorandum).
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
appeared in the Initiation Notice.5 No
interested parties submitted scope
comments in case or rebuttal briefs;
therefore, the scope of this investigation
remains unchanged for this final
determination.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Final
Issues and Decision Memorandum,
which is hereby adopted by this notice.6
A list of the issues raised is attached to
this notice as Appendix II. The Final
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and it is
available to all parties in the Central
Records Unit, Room B–8024 of the main
Department of Commerce building. In
addition, a complete version of the Final
Issues and Decision Memorandum can
be accessed directly at https://
enforcement.trade.gov/frn/.
The signed and electronic versions of
the Final Issues and Decision
Memorandum are identical in content.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in March, April, and May 2016, the
Department verified the sales and cost
data reported by the mandatory
respondents Colakoglu Metalurji A.S.
(Colakoglu), Colakoglu Dis Ticaret A.S.
(COTAS), and Medtrade Incorporated
(Medtrade) (collectively, Colakoglu) and
Eregli Demir ve Celik Fabrikalari T.A.S.
(Erdemir) and Iskenderun Demir Ve
Celik (Iskenderun) (collectively,
Erdemir). We used standard verification
procedures, including an examination of
5 See Preliminary Determination and
accompanying Memorandum from Christian Marsh,
Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Decision Memorandum for
the Preliminary Determination in the Less-ThanFair-Value Investigation of Certain Hot-Rolled Steel
Flat Products from the Republic of Turkey’’ at page
5. See also Certain Hot-Rolled Steel Flat Products
From Australia, Brazil, Japan, the Republic of
Korea, the Netherlands, The Republic of Turkey,
and the United Kingdom: Initiation of Less-ThanFair-Value Investigations, 80 FR 54261, 54262
(September 9, 2015) (Initiation Notice).
6 See Memorandum to Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and
Compliance, entitled ‘‘Issues and Decision
Memorandum for the Final Determination in the
Antidumping Duty Investigation of Certain HotRolled Steel Flat Products from the Republic of
Turkey,’’ dated August 4, 2016 (Final Issues and
Decision Memorandum).
E:\FR\FM\12AUN1.SGM
12AUN1
]]>Agencies
[Federal Register Volume 81, Number 156 (Friday, August 12, 2016)]
[Notices]
[Pages 53424-53428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19381]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-845]
Certain Hot-Rolled Steel Flat Products From Brazil: Final
Determination of Sales at Less Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
certain hot-rolled steel flat products (hot-rolled steel) from Brazil
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: Peter Zukowski, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-0189.
[[Page 53425]]
SUPPLEMENTARY INFORMATION:
Background
On March 22, 2016, the Department published the Preliminary
Determination of this antidumping duty (AD) investigation.\1\ The
following events occurred since the Preliminary Determination was
issued. In March 2016, the Department received supplemental cost
responses and revised sales and cost files from Companhia Siderurgica
Nacional (CSN), a mandatory respondent in this investigation. In June
2016, SSAB Enterprises, LLC, and Steel Dynamics, Inc.,\2\ and CSN
submitted case briefs \3\ and rebuttal briefs.\4\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products From Brazil:
Affirmative Preliminary Determination of Sales at Less Than Fair
Value, Postponement of Final Determination and Extension of
Provisional Measures, 81 FR 15235 (March 22, 2016) (Preliminary
Determination).
\2\ The petitioners in this case are AK Steel Corporation (AK
Steel), ArcelorMittal USA LLC, Nucor Corporation, SSAB Enterprises,
LLC, Steel Dynamics, Inc., and United States Steel Corporation
(collectively, the petitioners). SSAB Enterprises, LLC and Steel
Dynamics, Inc., submitted case and rebuttal briefs on behalf of all
of the petitioners.
\3\ See Letter from SSAB Enterprises, LLC, and Steel Dynamics,
Inc., ``Certain Hot-Rolled Steel Flat Products From Brazil:
Petitioners' Case Brief'' (June 17, 2016); Letter from CSN,
``Certain Cold-Rolled Steel Flat Products from Brazil and Certain
Hot-Rolled Steel Flat Products from Brazil: CSN's Case Brief'' (June
17, 2016).
\4\ See Letter from SSAB Enterprises, LLC, and Steel Dynamics,
Inc., ``Certain Hot-Rolled Steel Flat Products From Brazil:
Petitioners' Rebuttal Brief'' (June 22, 2016); Letter from CSN,
``Certain Hot-Rolled Steel Flat Products from Brazil: CSN's Rebuttal
Brief'' (June 22, 2016).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are certain hot-rolled
steel flat products from Brazil. For a complete description of the
scope of this investigation, see the ``Scope of the Investigation,'' in
Appendix I of this notice.
Scope Comments
In accordance with the Preliminary Scope Determination,\5\ the
Department set aside a period of time for parties to address scope
issues in case briefs or other written comments on scope issues. No
interested parties submitted scope comments in case or rebuttal briefs;
therefore, the scope of this investigation remains unchanged for this
final determination.
---------------------------------------------------------------------------
\5\ See 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).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum,
which is hereby adopted by this notice.\6\ A list of the issues raised
is attached to this notice as Appendix II. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov and it is available to all
parties in the Central Records Unit, room B-8024 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
---------------------------------------------------------------------------
\6\ See Memorandum to Ronald K. Lorentzen, Acting Assistant
Secretary for Enforcement and Compliance, from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations ``Issues and Decision Memorandum for the Final
Determination of the Antidumping Duty Investigation of Certain Hot-
Rolled Steel Flat Products from Brazil'' (August 4, 2016) (Issues
and Decision Memorandum).
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in April and May 2016, the Department verified the sales and
cost data reported by CSN, pursuant to section 782(i) of the Act. We
used standard verification procedures, including an examination of
relevant accounting and production records, and original source
documents provided by the respondent.\7\
---------------------------------------------------------------------------
\7\ See Memoranda to the File: ``Certain Hot-Rolled Steel Flat
Products from Brazil: Sales Verification Report for Companhia
Siderugica Nacional,'' dated May 20, 2016; ``Certain Hot-Rolled
Steel Flat Products from Brazil: Sales Verification Report for
Companhia Siderugica Nacional LLC USA,'' dated June 2, 2016;
``Verification of the Further Manufacturing Response of Companhia
Siderugica Nacional S.A. in the Antidumping Duty Investigation of
Hot-Rolled Steel Flat Products from Brazil,'' dated June 3, 2016;
and, ``Verification of the Cost of Production Response of Companhia
Siderugica Nacional S.A. in the Antidumping Duty Investigation of
Certain Hot-Rolled Steel Flat Products from Brazil,'' dated June 8,
2016.
---------------------------------------------------------------------------
Use of Adverse Facts Available
The Department found in the Preliminary Determination that Usiminas
Siderurgicas de Minas Gerais S.A. (Usiminas) withheld requested
information, significantly impeded the proceeding, and did not
cooperate to the best of its ability in responding to the Department's
requests for information.\8\ Therefore, in accordance with sections
776(a)(2)(A) and (C) of the Act, 776(b) of the Act, and 19 CFR
351.308(a), the Department preliminarily determined the weighted-
average dumping margin for Usiminas based on facts otherwise available
with an adverse inference and preliminarily selected 34.28 percent as
the adverse facts-available dumping margin for Usiminas, which is the
highest margin alleged in the petition.\9\ This rate was assigned to
Usiminas because Usiminas failed to respond to sections B, C, and D of
the Department's questionnaire in this investigation.\10\
---------------------------------------------------------------------------
\8\ See Preliminary Determination.
\9\ Id. See also Memorandum to the File entitled, ``Certain Hot-
Rolled Steel Flat Products from Brazil: Corroboration of a Rate
Based on Adverse Facts Available,'' dated March 14, 2016.
\10\ Id.
---------------------------------------------------------------------------
The Department received no comments regarding its preliminary
application of the adverse facts-available dumping margin to Usiminas.
For the final determination, the Department has not altered its
analysis or its decision to apply the adverse facts-available dumping
margin to Usiminas.
Changes Since the Preliminary Determination
Based on CSN's supplemental cost responses and revised sales and
cost files, our findings at verification and our analysis of the
comments received, we made certain changes to the margin calculations
for CSN. For a discussion of these changes, see the ``Margin
Calculations'' and ``Comparisons to Fair Value'' sections of the Issues
and Decision Memorandum. We have also revised the all-others rate.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero and de
minimis margins, and any margins determined entirely under section 776
of the Act. For purposes of this final determination, we are assigning
33.14 percent as the ``all-others'' rate, which is based on the
estimated dumping margin calculated for CSN, the only mandatory
respondent for which we calculated a dumping margin.\11\
---------------------------------------------------------------------------
\11\ See Memorandum to the File, ``Antidumping Duty
Investigation of Certain Hot-Rolled Steel Flat Products from Brazil:
Calculation of All-Others Rate'' (All-Others Rate Memorandum), dated
August 4, 2016.
---------------------------------------------------------------------------
[[Page 53426]]
Final Determination
The Department determines that the final weighted-average dumping
margins are as follows:
------------------------------------------------------------------------
Weighted-
Exporter/Producer average margin Cash deposit
(percent) rate (percent)
------------------------------------------------------------------------
Companhia Siderurgica Nacional.......... 33.14 29.07
Usiminas Siderurgicas de Minas Gerais 34.28 30.51
S.A. (Usiminas)........................
All-Others.............................. 33.14 29.07
------------------------------------------------------------------------
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).
Final Affirmative Determination of Critical Circumstances, in Part
On December 9, 2015, the Department found that critical
circumstances existed for merchandise exported by CSN and Usiminas, but
not for ``all others.'' \12\ Based on the final sales data submitted by
CSN and further analysis following the Preliminary Determination of
Critical Circumstances, we are modifying our findings for the final
determination, in part. For the final determination with respect to
CSN, our analysis of the reported monthly shipment data demonstrates
that shipments of hot-rolled steel by CSN during the comparison period
increased by less than 15 percent over shipments during the base
period, and thus, we find that critical circumstances do not exist for
CSN. As discussed in the ``Use of Adverse Facts Available'' section
above, Usiminas did not cooperate with this investigation. Thus, we
based our critical circumstances determination with respect to Usiminas
on AFA and find that critical circumstances exist with respect to it.
For all others, we determined that the imports during the comparison
period increased less than 15 percent over imports during the base
period and, accordingly, that critical circumstances do not exist with
respect to all other producers and exporters of hot-rolled steel from
Brazil. For a complete discussion of this issue, see the ``Final
Determination of Critical Circumstances'' section of the Issues and
Decision Memorandum.
---------------------------------------------------------------------------
\12\ See ``Antidumping Duty Investigations of Certain Hot-Rolled
Steel Flat Products From Australia, Brazil, Japan, and the
Netherlands and Countervailing Duty Investigation of Certain Hot-
Rolled Steel Flat Products From Brazil: Preliminary Determinations
of Critical Circumstances'', 80 FR 76444 (December 9, 2015)
(Preliminary Determination of Critical Circumstances).
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with 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 appropriate entries of hot-rolled steel from
Brazil, as described in Appendix I of this notice, which were entered,
or withdrawn from warehouse, for consumption on or after March 22,
2016, the date of publication of the Preliminary Determination of this
investigation in the Federal Register. Because of our affirmative
determination of critical circumstances for Usiminas, in accordance
with section 735(a)(3) and (c)(4)(C) of the Act, suspension of
liquidation of hot-rolled steel from Brazil, shall continue to apply,
for Usiminas, to unliquidated entries of merchandise entered, or
withdrawn from warehouse, for consumption on or after the date which is
90 days before the publication of the Preliminary Determination.
Because we find in this final determination that critical circumstances
do not exist for CSN and for exporters not individually examined and
subject to the all-others rate, consistent with section 735(c)(3) of
the Act, we will instruct CBP to terminate the suspension of
liquidation of entries, and to liquidate without regard to antidumping
duties, entries of hot-rolled steel exported by CSN and all other
companies, and entered, or withdrawn from warehouse for consumption on
or after December 23, 2015, and before March 22, 2016.
Further, the Department will instruct CBP to require a cash deposit
equal to the estimated amount by which the normal value exceeds the
U.S. price as shown above, adjusted where appropriate for export
subsidies found in the final determination of the companion
countervailing duty investigation. Consistent with our longstanding
practice, where the product under investigation is also subject to a
concurrent countervailing duty investigation, we instruct CBP to
require a cash deposit equal to the amount by which the NV exceeds the
U.S. price, less the amount of the countervailing duty determined to
constitute any export subsidies.\13\ Therefore, in the event that a
countervailing duty order is issued and suspension of liquidation is
resumed in the companion countervailing duty investigation on hot-
rolled steel flat products from Brazil the Department will instruct CBP
to require cash deposits adjusted by the amount of export subsidies, as
appropriate. These adjustments are reflected in the final column of the
rate chart, above.\14\ Until such suspension of liquidation is resumed
in the companion countervailing duty investigation, and so long as
suspension of liquidation continues under this antidumping duty
investigation, the cash deposit rates for this antidumping duty
investigation will be the rates identified in the weighted-average
margin column in the rate chart, above.
---------------------------------------------------------------------------
\13\ See, e.g., Welded Line Pipe From the Republic of Turkey:
Final Determination of Sales at Less Than Fair Value, 80 FR 61362
(October 13, 2015) and Notice of Final Determination of Sales at
Less Than Fair Value and Negative Critical Circumstances
Determination: Bottom Mount Combination Refrigerator-Freezers From
the Republic of Korea, 77 FR 17413 (March 26, 2012).
\14\ See Countervailing Duty Investigation of Certain Hot-Rolled
Steel Flat Products from Brazil: Final Affirmative Determination,
and Final Determination of Critical Circumstances, in Part, dated
August 4, 2016; see also the All-Others Rate Memorandum dated
concurrently with this notice.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
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
[[Page 53427]]
material injury, by reason of imports of hot-rolled steel from Brazil
no later than 45 days after our final determination. If the ITC
determines that material injury or threat of material injury does not
exist, the proceeding will be terminated and all cash deposits will be
refunded. If the ITC determines that such injury does exist, the
Department will issue an antidumping duty order directing CBP to
assess, upon further instruction by the Department, antidumping duties
on all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to parties subject to an
Administrative Protective Order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the
return or destruction of APO materials, or conversion to judicial
protective order, is hereby requested. Failure to comply with the
regulations and the terms of an APO is a violation subject to sanction.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: August 4, 2016.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are certain hot-
rolled, flat-rolled steel products, with or without patterns in
relief, and whether or not annealed, painted, varnished, or coated
with plastics or other non-metallic substances. The products covered
do not include those that are clad, plated, or coated with metal.
The products covered include coils that have a width or other
lateral measurement (``width'') of 12.7 mm or greater, regardless of
thickness, and regardless of form of coil (e.g., in successively
superimposed layers, spirally oscillating, etc.). The products
covered also include products not in coils (e.g., in straight
lengths) of a thickness of less than 4.75 mm and a width that is
12.7 mm or greater and that measures at least 10 times the
thickness. The products described above may be rectangular, square,
circular, or other shape and include products of either rectangular
or non-rectangular cross-section where such cross-section is achieve
subsequent to the rolling process, i.e., products which have been
``worked after rolling'' (e.g., products which have been beveled or
rounded at the edges). For purposes of the width and thickness
requirements referenced above:
(1) Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above unless the resulting measurement makes the product
covered by the existing antidumping \15\ or countervailing duty \16\
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products
From the Republic of Korea (A-580-836; C-580-837), and
---------------------------------------------------------------------------
\15\ 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).
\16\ 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).
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(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; \17\
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\17\ 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.
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Ball bearing steels; \18\
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\18\ 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; \19\ and
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\19\ 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; \20\
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\20\ 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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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,
[[Page 53428]]
7208.39.0015, 7208.39.0030, 7208.39.0090, 7208.40.6030,
7208.40.6060, 7208.53.0000, 7208.54.0000, 7208.90.0000,
7210.70.3000, 7211.14.0030, 7211.14.0090, 7211.19.1500,
7211.19.2000, 7211.19.3000, 7211.19.4500, 7211.19.6000,
7211.19.7530, 7211.19.7560, 7211.19.7590, 7225.11.0000,
7225.19.0000, 7225.30.3050, 7225.30.7000, 7225.40.7000,
7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060,
7226.19.1000, 7226.19.9000, 7226.91.5000, 7226.91.7000, and
7226.91.8000. The products subject to the investigation may also
enter under the following HTSUS numbers: 7210.90.9000, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000, 7226.99.0180, and 7228.60.6000.
The HTSUS subheadings above are provided for convenience and
U.S. Customs purposes only. The written description of the scope of
the investigation is dispositive.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Final Determination of Critical Circumstances
V. Margin Calculations
VI. Comparisons to Fair Value
VII. Discussion of Issues
Comment 1: Duty Drawback
Comment 2: Inventory Carrying Costs
Comment 3: Credit Revenue
Comment 4: Model Match
Comment 5: Calculation of CSN LLC's G&A Expense Ratio
Comment 6: Whether To Use a Consolidated or Non-Consolidated
Financial Expense Ratio
Comment 7: The Market Value for Affiliated Energy Inputs
Comment 8: Whether To Include Certain Expenses Recorded Directly
to Cost of Goods Sold (COGS)
VIII. Recommendation
[FR Doc. 2016-19381 Filed 8-11-16; 8:45 am]
BILLING CODE 3510-DS-P
