Stainless Steel Sheet and Strip From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances, 64135-64138 [2016-22397]

Download as PDF Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation, which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: September 12, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration U.S. Smart Grid Solutions Toolkit International Trade Administration, U.S. Department of Commerce. ACTION: Notice and request for public comment. AGENCY: The U.S. Department of Commerce announces the development of a toolkit to promote the deployment of U.S. smart grid technologies and services to be launched in FY2017. Through this Notice, the Department of Commerce seeks broad input from all interested stakeholders regarding the most frequently requested ‘‘use cases’’ by electric utilities for inclusion in a web-based U.S. Smart Grid Solutions Toolkit. The U.S. Smart Grid Solutions Toolkit (‘‘Toolkit’’) is intended to be used by foreign energy officials and foreign end-users of smart grid technologies. The Toolkit will outline U.S. approaches to a series of electric utility use cases and highlight participating U.S. vendors of relevant U.S. smart grid technologies and services. The Toolkit will support the President’s National Export Initiative by fostering export opportunities for the U.S. energy industry. DATES: Written comments must be received on or before 4:00 p.m. Eastern Daylight Time (EDT) on October 1, 2016. SUMMARY: Written comments by be submitted by email to Victoria.Gunderson@trade.gov. Comments submitted by email should be machine-readable and should not be copy protected. Written comments should include contact information for the submitter including name, email, and phone number. Written comments also may be submitted by mail to Victoria Gunderson, Office of Energy & Environmental Industries, Room 4053, U.S. Department of Commerce, 1401 mstockstill on DSK3G9T082PROD with NOTICES VerDate Sep<11>2014 21:47 Sep 16, 2016 Jkt 238001 FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE International Trade Administration Victoria Gunderson, Office of Energy & Environmental Industries, Room 4053, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; phone 202–482–7890; fax 202–482–5665; email Victoria.Gunderson@trade.gov. [A–570–042] The development of the U.S. Smart Grid Solutions Toolkit requires the identification of three elements: (1) The most frequently requested use cases by global electric utilities; (2) a framework logic to outline the structure of the U.S. smart grid industry; and (3) U.S. vendors capable of supplying relevant goods and services to foreign buyers. At this stage of development of the Toolkit, and through this Notice, the Department of Commerce invites comment to identify the most commonly requested ‘‘use cases,’’ requested by electric utilities. Smart grid use cases should be limited to those applications that can be addressed by transmission, distribution, and energy storage related technologies and services. Examples of use cases include, but are not limited to, the following: Arbitrage, distribution upgrades due to wind/solar, curtailment minimization, frequency regulation, improved customer engagement, nontechnical loss reduction, outage detection, and peak demand reduction. Because input received will be publicly available upon request, businesses or individuals responding to this notice should not include any business confidential. Final selection of included use cases into the Toolkit will not be attributed. A subsequent Federal Register notice will be issued at a later date for U.S. vendors capable of supplying relevant goods and services to foreign buyers to express interest and provide relevant information to be listed in the Toolkit. AGENCY: SUPPLEMENTARY INFORMATION: [FR Doc. 2016–22387 Filed 9–16–16; 8:45 am] ADDRESSES: Constitution Avenue NW., Washington, DC 20230. 64135 Man Cho, Deputy Director, Office of Energy and Environmental Industries. [FR Doc. 2016–22487 Filed 9–16–16; 8:45 am] BILLING CODE 3510–DR–P PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Stainless Steel Sheet and Strip From the People’s Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value and Preliminary Affirmative Determination of Critical Circumstances Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) preliminarily determines that imports of stainless steel sheet and strip (stainless sheet and strip) from the People’s Republic of China (PRC) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is July 1, 2015, through December 31, 2015. The estimated dumping margins are shown in the ‘‘Preliminary Determination’’ section of this notice. We invite interested parties to comment on this preliminary determination. DATES: Effective September 19, 2016. FOR FURTHER INFORMATION CONTACT: Toni Page at (202) 482–1398 or Lingjun Wang at (202) 482–2316, 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. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of this investigation on March 10, 2016.1 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum dated concurrently with and hereby adopted by this notice.2 A list of topics included in the Preliminary Decision Memorandum is included as Appendix I. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized 1 See Stainless Steel Sheet and Strip From the People’s Republic of China: Initiation of Less Than Fair Value Investigation, 81 FR 12711 (March 10, 2016) (Initiation Notice). 2 See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled ‘‘Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Stainless Steel Sheet and Strip from the People’s Republic of China’’ (Preliminary Decision Memorandum). E:\FR\FM\19SEN1.SGM 19SEN1 64136 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit located at Room B8024 of the Department’s main building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http:// enforcement.trade.gov/frn. The signed Preliminary Decision Memorandum and electronic version of Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is stainless sheet and strip. For a complete description of the scope of this investigation, see Appendix II. Scope Comments In accordance with the Preamble to the Department’s regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).4 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal response submitted to the record, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Memorandum.5 The Department is preliminarily not modifying the scope language as it appeared in the Initiation Notice. Postponement of Deadline for the Preliminary Determination The Department published the notice of postponement of preliminary determination of this investigation on July 7, 2016.6 Pursuant to sections 733(c)(1)(B)(i) and (ii) of the Tariff Act of 1930, as amended (the Act), we postponed the preliminary determination by 50 days. As a result, the deadline for the preliminary determination of this investigation moved to September 9, 2016. Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Furthermore, for purposes of this preliminary LTFV determination, the Department continues to treat the PRC as a nonmarket economy country within the meaning of section 771(18) of the Act. For a full discussion of the Department’s methodology, see Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances On May 6, 2015, pursuant to section 733(e)(1) of the Act and 19 CFR 351.206, Petitioners timely filed an allegation that critical circumstances exist with respect to imports of stainless sheet and strip from the PRC. We preliminarily determine that critical circumstances exist for the separate rate companies and the PRC-wide entity. For a full description of the methodology and results of our analysis, see the Preliminary Decision Memorandum. Combination Rates In the Initiation Notice, the Department stated that it would calculate combination rates for the respondents that are eligible for a separate rate in this investigation.7 Policy Bulletin 05.1 describes this practice.8 Preliminary Determination The Department preliminarily determines that the following dumping margins exist: Margin (%) Exporter Producer Taiyuan Ridetaixing Precision Stainless Steel Incorporated Co., Ltd. Zhangjiagang Pohang Stainless Steel Co., Ltd ........... PRC-Wide Entity ........................................................... Taiyuan Ridetaixing Precision Stainless Steel Incorporated Co., Ltd. Zhangjiagang Pohang Stainless Steel Co., Ltd ........... PRC-Wide Entity ........................................................... Cash deposit (%) 63.86 63.12 63.86 76.64 63.12 75.90 Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of stainless sheet and strip from the PRC as described in Appendix II, that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Section 733(e)(2) of the Act provides that given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (b) the date on which notice of initiation of investigation was published. As described above, we preliminarily find that critical circumstances exist for the separate rate companies and the PRC-wide entity. Therefore, in accordance with section 733(e)(2)(A) of the Act, for the separate rate companies and the PRC-wide entity, the suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after 90 days prior to the date of publication of this notice in the Federal Register. The suspension of liquidation will remain in effect until further notice. We will also instruct CBP, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), to require a cash deposit as follows: 10 (1) The cash deposit rate for the exporter/producer combinations listed in the table above will be the rate identified in the table; (2) for all combinations of PRC exporters/producers of merchandise 3 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 4 See Initiation Notice. 5 See Stainless Steel Sheet and Strip from the People’s Republic of China: Preliminary Scope Decision Memorandum (September 9, 2016) (Preliminary Scope Memorandum). 6 See Stainless Steel Sheet and Strip From the People’s Republic of China: Postponement of Preliminary Determination of Antidumping Duty Investigation, 81 FR 44277 (July 7, 2016). 7 See Initiation Notice, 81 FR at 9438–39. 8 See Enforcement and Compliance’s Policy Bulletin No. 05.1, regarding, ‘‘Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,’’ dated April 5, 2005 (Policy Bulletin 05.1), available on the Department’s Web site at http://enforcement.trade.gov/policy/bull051.pdf. 9 See Preliminary Decision Memorandum. 10 See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). mstockstill on DSK3G9T082PROD with NOTICES As detailed in the Preliminary Decision Memorandum, Shanxi Taigang Stainless Steel Co., Ltd. and Tianjin Taigang Daming Metal Product Co., Ltd., two mandatory respondents in this investigation, did not demonstrate that they were entitled to a separate rate. Accordingly, we consider them to be part of the PRC-wide entity.9 VerDate Sep<11>2014 21:47 Sep 16, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\19SEN1.SGM 19SEN1 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices under consideration that have not received their own separate rate above, the cash-deposit rate will be the cash deposit rate established for the PRCwide entity; and (3) for all non-PRC exporters of merchandise under consideration which have not received their own separate rate above, the cashdeposit rate will be the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. The cash deposit rates were adjusted by the countervailing duty attributable to export subsidies.11 mstockstill on DSK3G9T082PROD with NOTICES Disclosure and Public Comment We will disclose the calculations performed to interested parties in this proceeding within five days of the date of announcement of this preliminary determination in accordance with 19 CFR 351.224(b). Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the publication of this preliminary determination in the Federal Register.12 Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.13 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.14 This summary should be limited to five pages total, including footnotes. Interested parties who wish to request a hearing must do so in writing within 30 days after the publication of this preliminary determination in the Federal Register.15 Requests should contain the party’s name, address, and telephone number; the number of participants; and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date, time, and location to be determined. Parties will be notified of the date, time, and location of any hearing. Parties must file their case and rebuttal briefs, and any requests for a hearing, electronically using ACCESS.16 Electronically-filed documents must be received successfully in their entirety by 11 See Preliminary Decision Memorandum. 19 CFR 351.309(b)(2)(c)(i). 13 See 19 CFR 351.309, see also 19 CFR 351.303 (for general filing requirements). 14 See 19 CFR 351.309(c)(2) and (d)(2). 15 See 19 CFR 351.310(c). 16 See 19 CFR 351.303(b)(2)(i). 12 See VerDate Sep<11>2014 21:47 Sep 16, 2016 Jkt 238001 5:00 p.m. Eastern Time on the due dates established above.17 International Trade Commission Notification In accordance with section 733(f) of the Act, we are notifying the International Trade Commission (ITC) of our preliminary determination of sales at LTFV. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. This determination is issued and published in accordance with sections 733(f) and 777(i)(I) of the Act and 19 CFR 351.205(c). Dated: September 9, 2016. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Respondent Selection VII. Critical Circumstances A. Legal Framework B. Critical Circumstances Allegation C. Analysis VIII. Discussion of the Methodology A. Non-Market Economy Country B. Separate Rates C. The PRC-Wide Entity D. Application of Facts Available and Adverse Inferences IX. Adjustment Under Section 777A(F) of the Act X. Adjustment to Cash Deposit Rate for Export Subsidies XI. Verification XII. Conclusion Table of Authorities Appendix II Scope of the Investigation The merchandise covered by this investigation is stainless steel sheet and strip, whether in coils or straight lengths. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject sheet and strip is a flatrolled product with a width that is greater than 9.5 mm and with a thickness of 0.3048 mm and greater but less than 4.75 mm, and that is annealed or otherwise heat treated, and pickled or otherwise descaled. The subject sheet and strip may also be further processed (e.g., cold-rolled, annealed, tempered, polished, aluminized, coated, 17 See PO 00000 19 CFR 351.303(b)(1). Frm 00012 Fmt 4703 Sfmt 4703 64137 painted, varnished, trimmed, cut, punched, or slit, etc.) provided that it maintains the specific dimensions of sheet and strip set forth above following such processing. The products described include products regardless of shape, and include products of either rectangular or non-rectangular crosssection where such cross-section is achieved 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; and (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 nonrectangular shape, etc.), the measurement at its greatest width or thickness applies. 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. Subject merchandise includes stainless steel sheet and strip that has been further processed in a third country, including but not limited to cold-rolling, annealing, tempering, polishing, aluminizing, coating, 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 stainless steel sheet and strip. Excluded from the scope of this investigation are the following: (1) Sheet and strip that is not annealed or otherwise heat treated and not pickled or otherwise descaled; (2) plate (i.e., flat-rolled stainless steel products of a thickness of 4.75 mm or more); and (3) flat wire (i.e., cold-rolled sections, with a mill edge, rectangular in shape, of a width of not more than 9.5 mm). The products under investigation are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081, 7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030, 7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045, 7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080, 7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 7220.20.7010, 7220.20.7015, E:\FR\FM\19SEN1.SGM 19SEN1 64138 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Notices 7220.20.7060, 7220.20.7080, 7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. Background On February 10, 2000, the Department published in the Federal Register the CTL Plate Order.1 On March 14, 2016, the Department published its preliminary results of AR and NSR of the CVD order on CTL Plate from the Republic of Korea for the POR.2 For a discussion of the events following the Preliminary Results, see the Preliminary Decision Memorandum. [FR Doc. 2016–22397 Filed 9–16–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–580–837] Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea: Final Results of Countervailing Duty Administrative Review and New Shipper Review; Calendar Year 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (the Department) completed the administrative review (AR) and new shipper review (NSR) of the countervailing duty (CVD) order on cutto-length carbon-quality steel plate (CTL Plate) from the Republic of Korea for the January 1, 2014, through December 31, 2014, period of review (POR). Based on our analysis of the comments received, the Department determined that Dongkuk Steel Mill Co., Ltd. (DSM), the firm examined in the AR, and Hyundai Steel Company Ltd. (Hyundai Steel), the firm examined in the NSR, each received a de minimis net subsidy rate during the POR. The final net subsidy rates are listed below in the ‘‘Final Results of Review’’ section. DATES: Effective September 19, 2016. FOR FURTHER INFORMATION CONTACT: John Conniff at 202–482–1009 (for Hyundai Steel), or Jolanta Lawska at 202–482– 8362 (for DSM), AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Scope of the Order The products covered by the order are certain hot-rolled carbon-quality steel: (1) Universal mill plates (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or actual thickness of not less than 4 mm, which are cut-tolength (not in coils) and without patterns in relief), of iron or non-alloyquality steel; and (2) flat-rolled products, hot-rolled, of a nominal or actual thickness of 4.75 mm or more and of a width which exceeds 150 mm and measures at least twice the thickness, and which are cut-to-length (not in coils). The merchandise subject to the order is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings: 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, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, 7226.99.0000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise covered by the order is dispositive.3 Methodology The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For the subsidy program found countervailable during the POR, we determine that there is a subsidy, i.e., a government-provided financial contribution that confers a benefit to the recipient, and that the subsidy is specific. See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. For a complete description of the methodology, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in interested parties’ case briefs, submitted in this proceeding, are addressed in the Issues and Decision Memorandum. A list of the issues raised by interested parties and to which we responded in the Issues and Decision Memorandum, is attached to this notice as Appendix I. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central Records Unit, room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Final Results of Review In accordance with 19 CFR 351.221(b)(4)(i), we calculated an individual subsidy rate for DSM, the firm subject to the AR and Hyundai Steel, the firm subject to the NSR. For the period January 1, 2014, through December 31, 2014, we determine the total net countervailable subsidy rates for DSM and Hyundai are as follows: Company 2014 Ad Valorem rate mstockstill on DSK3G9T082PROD with NOTICES Dongkuk Steel Mill Co., Ltd ....................................................................................................................... 1 See Notice of Amended Final Determination: 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) (CTL Plate Order). 2 See Certain Cut-to-Length Carbon-Quality Steel Plate from the Republic of Korea: Preliminary VerDate Sep<11>2014 21:47 Sep 16, 2016 Jkt 238001 Results of Countervailing Duty Administrative Review and New Shipper Review; Calendar Year 2014, 81 FR 13330 (March 14, 2016) (Preliminary Results), and accompanying Preliminary Decision Memorandum. 3 For a complete description of the scope of the order, see Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 0.01 percent ad valorem (de minimis). Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, ‘‘Decision Memorandum for Final Results of 2014 Countervailing Duty Administrative Review and New Shipper Review: Cut-to-Length Carbon-Quality Steel Plate from the Republic of Korea,’’ (Issues and Decision Memorandum), dated concurrently and hereby adopted by this notice. E:\FR\FM\19SEN1.SGM 19SEN1

Agencies

[Federal Register Volume 81, Number 181 (Monday, September 19, 2016)]
[Notices]
[Pages 64135-64138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22397]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-042]


Stainless Steel Sheet and Strip From the People's Republic of 
China: Preliminary Affirmative Determination of Sales at Less Than Fair 
Value and Preliminary Affirmative Determination of Critical 
Circumstances

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

SUMMARY: The Department of Commerce (Department) preliminarily 
determines that imports of stainless steel sheet and strip (stainless 
sheet and strip) from the People's Republic of China (PRC) are being, 
or are likely to be, sold in the United States at less than fair value 
(LTFV). The period of investigation is July 1, 2015, through December 
31, 2015. The estimated dumping margins are shown in the ``Preliminary 
Determination'' section of this notice. We invite interested parties to 
comment on this preliminary determination.

DATES: Effective September 19, 2016.

FOR FURTHER INFORMATION CONTACT: Toni Page at (202) 482-1398 or Lingjun 
Wang at (202) 482-2316, 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.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the notice of initiation of this 
investigation on March 10, 2016.\1\ For a complete description of the 
events that followed the initiation of this investigation, see the 
Preliminary Decision Memorandum dated concurrently with and hereby 
adopted by this notice.\2\ A list of topics included in the Preliminary 
Decision Memorandum is included as Appendix I. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized

[[Page 64136]]

Electronic Service System (ACCESS). ACCESS is available to registered 
users at https://access.trade.gov, and to all parties in the Central 
Records Unit located at Room B8024 of the Department's main building. 
In addition, a complete version of the Preliminary Decision Memorandum 
can be found at http://enforcement.trade.gov/frn. The signed 
Preliminary Decision Memorandum and electronic version of Preliminary 
Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Stainless Steel Sheet and Strip From the People's 
Republic of China: Initiation of Less Than Fair Value Investigation, 
81 FR 12711 (March 10, 2016) (Initiation Notice).
    \2\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, entitled ``Decision 
Memorandum for the Preliminary Determination in the Antidumping Duty 
Investigation of Stainless Steel Sheet and Strip from the People's 
Republic of China'' (Preliminary Decision Memorandum).
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Scope of the Investigation

    The product covered by this investigation is stainless sheet and 
strip. For a complete description of the scope of this investigation, 
see Appendix II.

Scope Comments

    In accordance with the Preamble to the Department's regulations,\3\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\4\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of the product coverage comments 
and rebuttal response submitted to the record, and accompanying 
discussion and analysis of all comments timely received, see the 
Preliminary Scope Memorandum.\5\ The Department is preliminarily not 
modifying the scope language as it appeared in the Initiation Notice.
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    \3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \4\ See Initiation Notice.
    \5\ See Stainless Steel Sheet and Strip from the People's 
Republic of China: Preliminary Scope Decision Memorandum (September 
9, 2016) (Preliminary Scope Memorandum).
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Postponement of Deadline for the Preliminary Determination

    The Department published the notice of postponement of preliminary 
determination of this investigation on July 7, 2016.\6\ Pursuant to 
sections 733(c)(1)(B)(i) and (ii) of the Tariff Act of 1930, as amended 
(the Act), we postponed the preliminary determination by 50 days. As a 
result, the deadline for the preliminary determination of this 
investigation moved to September 9, 2016.
---------------------------------------------------------------------------

    \6\ See Stainless Steel Sheet and Strip From the People's 
Republic of China: Postponement of Preliminary Determination of 
Antidumping Duty Investigation, 81 FR 44277 (July 7, 2016).
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. Furthermore, for purposes of this preliminary 
LTFV determination, the Department continues to treat the PRC as a non-
market economy country within the meaning of section 771(18) of the 
Act. For a full discussion of the Department's methodology, see 
Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances

    On May 6, 2015, pursuant to section 733(e)(1) of the Act and 19 CFR 
351.206, Petitioners timely filed an allegation that critical 
circumstances exist with respect to imports of stainless sheet and 
strip from the PRC. We preliminarily determine that critical 
circumstances exist for the separate rate companies and the PRC-wide 
entity. For a full description of the methodology and results of our 
analysis, see the Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation.\7\ Policy Bulletin 05.1 describes 
this practice.\8\
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    \7\ See Initiation Notice, 81 FR at 9438-39.
    \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' dated April 5, 2005 (Policy Bulletin 05.1), available 
on the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
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Preliminary Determination

    The Department preliminarily determines that the following dumping 
margins exist:

----------------------------------------------------------------------------------------------------------------
                                                                                                   Cash deposit
                   Exporter                                 Producer                Margin  (%)         (%)
----------------------------------------------------------------------------------------------------------------
Taiyuan Ridetaixing Precision Stainless Steel   Taiyuan Ridetaixing Precision              63.86           63.12
 Incorporated Co., Ltd.                          Stainless Steel Incorporated
                                                 Co., Ltd.
Zhangjiagang Pohang Stainless Steel Co., Ltd..  Zhangjiagang Pohang Stainless              63.86           63.12
                                                 Steel Co., Ltd.
PRC-Wide Entity...............................  PRC-Wide Entity.................           76.64           75.90
----------------------------------------------------------------------------------------------------------------

    As detailed in the Preliminary Decision Memorandum, Shanxi Taigang 
Stainless Steel Co., Ltd. and Tianjin Taigang Daming Metal Product Co., 
Ltd., two mandatory respondents in this investigation, did not 
demonstrate that they were entitled to a separate rate. Accordingly, we 
consider them to be part of the PRC-wide entity.\9\
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    \9\ See Preliminary Decision Memorandum.
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of stainless sheet and strip from the PRC as described in 
Appendix II, that are entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register. Section 733(e)(2) of the Act provides that given an 
affirmative determination of critical circumstances, any suspension of 
liquidation shall apply to unliquidated entries of merchandise entered, 
or withdrawn from warehouse, for consumption on or after the later of 
(a) the date which is 90 days before the date on which the suspension 
of liquidation was first ordered, or (b) the date on which notice of 
initiation of investigation was published. As described above, we 
preliminarily find that critical circumstances exist for the separate 
rate companies and the PRC-wide entity. Therefore, in accordance with 
section 733(e)(2)(A) of the Act, for the separate rate companies and 
the PRC-wide entity, the suspension of liquidation shall apply to 
unliquidated entries of merchandise entered, or withdrawn from 
warehouse, for consumption on or after 90 days prior to the date of 
publication of this notice in the Federal Register. The suspension of 
liquidation will remain in effect until further notice.
    We will also instruct CBP, pursuant to section 733(d)(1)(B) of the 
Act and 19 CFR 351.205(d), to require a cash deposit as follows: \10\ 
(1) The cash deposit rate for the exporter/producer combinations listed 
in the table above will be the rate identified in the table; (2) for 
all combinations of PRC exporters/producers of merchandise

[[Page 64137]]

under consideration that have not received their own separate rate 
above, the cash-deposit rate will be the cash deposit rate established 
for the PRC-wide entity; and (3) for all non-PRC exporters of 
merchandise under consideration which have not received their own 
separate rate above, the cash-deposit rate will be the cash deposit 
rate applicable to the PRC exporter/producer combination that supplied 
that non-PRC exporter. The cash deposit rates were adjusted by the 
countervailing duty attributable to export subsidies.\11\
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    \10\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
    \11\ See Preliminary Decision Memorandum.
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Disclosure and Public Comment

    We will disclose the calculations performed to interested parties 
in this proceeding within five days of the date of announcement of this 
preliminary determination in accordance with 19 CFR 351.224(b). Case 
briefs or other written comments may be submitted to the Assistant 
Secretary for Enforcement and Compliance no later than 30 days after 
the publication of this preliminary determination in the Federal 
Register.\12\ Rebuttal briefs, limited to issues raised in case briefs, 
may be submitted no later than five days after the deadline date for 
case briefs.\13\
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    \12\ See 19 CFR 351.309(b)(2)(c)(i).
    \13\ See 19 CFR 351.309, see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    Parties who submit case briefs or rebuttal briefs in this 
proceeding are encouraged to submit with each argument: (1) A statement 
of the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\14\ This summary should be limited to five pages total, 
including footnotes.
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing must do so in 
writing within 30 days after the publication of this preliminary 
determination in the Federal Register.\15\ Requests should contain the 
party's name, address, and telephone number; the number of 
participants; and a list of the issues to be discussed. If a request 
for a hearing is made, the Department intends to hold the hearing at 
the U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, at a date, time, and location to be 
determined. Parties will be notified of the date, time, and location of 
any hearing.
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

    Parties must file their case and rebuttal briefs, and any requests 
for a hearing, electronically using ACCESS.\16\ Electronically-filed 
documents must be received successfully in their entirety by 5:00 p.m. 
Eastern Time on the due dates established above.\17\
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    \16\ See 19 CFR 351.303(b)(2)(i).
    \17\ See 19 CFR 351.303(b)(1).
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International Trade Commission Notification

    In accordance with section 733(f) of the Act, we are notifying the 
International Trade Commission (ITC) of our preliminary determination 
of sales at LTFV. If our final determination is affirmative, the ITC 
will determine before the later of 120 days after the date of this 
preliminary determination or 45 days after our final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(I) of the Act and 19 CFR 351.205(c).

    Dated: September 9, 2016.
Christian Marsh,
 Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Scope of the Investigation
VI. Respondent Selection
VII. Critical Circumstances
    A. Legal Framework
    B. Critical Circumstances Allegation
    C. Analysis
VIII. Discussion of the Methodology
    A. Non-Market Economy Country
    B. Separate Rates
    C. The PRC-Wide Entity
    D. Application of Facts Available and Adverse Inferences
IX. Adjustment Under Section 777A(F) of the Act
X. Adjustment to Cash Deposit Rate for Export Subsidies
XI. Verification
XII. Conclusion
Table of Authorities

Appendix II

Scope of the Investigation

    The merchandise covered by this investigation is stainless steel 
sheet and strip, whether in coils or straight lengths. Stainless 
steel is an alloy steel containing, by weight, 1.2 percent or less 
of carbon and 10.5 percent or more of chromium, with or without 
other elements. The subject sheet and strip is a flat-rolled product 
with a width that is greater than 9.5 mm and with a thickness of 
0.3048 mm and greater but less than 4.75 mm, and that is annealed or 
otherwise heat treated, and pickled or otherwise descaled. The 
subject sheet and strip may also be further processed (e.g., cold-
rolled, annealed, tempered, polished, aluminized, coated, painted, 
varnished, trimmed, cut, punched, or slit, etc.) provided that it 
maintains the specific dimensions of sheet and strip set forth above 
following such processing. The products described include products 
regardless of shape, and include products of either rectangular or 
non-rectangular cross-section where such cross-section is achieved 
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; and (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.
    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.
    Subject merchandise includes stainless steel sheet and strip 
that has been further processed in a third country, including but 
not limited to cold-rolling, annealing, tempering, polishing, 
aluminizing, coating, 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 stainless steel 
sheet and strip.
    Excluded from the scope of this investigation are the following: 
(1) Sheet and strip that is not annealed or otherwise heat treated 
and not pickled or otherwise descaled; (2) plate (i.e., flat-rolled 
stainless steel products of a thickness of 4.75 mm or more); and (3) 
flat wire (i.e., cold-rolled sections, with a mill edge, rectangular 
in shape, of a width of not more than 9.5 mm).
    The products under investigation are currently classifiable 
under Harmonized Tariff Schedule of the United States (HTSUS) 
subheadings 7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081, 
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030, 
7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005, 
7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 
7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045, 
7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025, 
7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 
7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080, 
7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 
7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015, 
7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010, 
7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 
7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 
7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 
7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 
7220.20.7010, 7220.20.7015,

[[Page 64138]]

7220.20.7060, 7220.20.7080, 7220.90.0010, 7220.90.0015, 
7220.90.0060, and 7220.90.0080. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of this proceeding is dispositive.

[FR Doc. 2016-22397 Filed 9-16-16; 8:45 am]
BILLING CODE 3510-DS-P