Certain Cold-Rolled Steel Flat Products from Brazil, India, the Republic of Korea, and the United Kingdom: Amended Final Affirmative Antidumping Determinations for Brazil and the United Kingdom and Antidumping Duty Orders, 64432-64435 [2016-22613]
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Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Notices
Notice of Temporary
Suspension of the Special Census
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This document serves as
notice to state and local governments
and to other federal agencies that,
beginning on September 30, 2018, the
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SUMMARY:
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Dated: September 14, 2016.
John H. Thompson,
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[FR Doc. 2016–22629 Filed 9–19–16; 8:45 am]
BILLING CODE 3510–07–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–843, A–533–865, A–580–881, A–412–
824]
Certain Cold-Rolled Steel Flat Products
from Brazil, India, the Republic of
Korea, and the United Kingdom:
Amended Final Affirmative
Antidumping Determinations for Brazil
and the United Kingdom and
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
U.S. International Trade Commission
(the ITC), the Department is issuing
antidumping duty (AD) orders on
certain cold-rolled steel flat products
(cold-rolled steel) from Brazil, India, the
Republic of Korea (Korea), and the
United Kingdom. In addition, the
Department is amending its final
determinations of sales at less-than-fair
value (LTFV) from Brazil and the United
Kingdom, to correct ministerial errors.
DATES: Effective September 20, 2016.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla at (202) 482–3477
(Brazil); Patrick O’Connor at (202) 482–
0989 (India); Victoria Cho at (202) 4825075 (Korea); or Thomas Schauer at
(202) 482–0410 (the United Kingdom),
AD/CVD Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), on July 29, 2016,
the Department made final
determinations that cold-rolled steel
from Brazil, India, Korea, Russia, and
the United Kingdom is being sold in the
United States at less-than-fair value.1
1 See Certain Cold-Rolled Steel Flat Products
From Brazil: Final Determination of Sales at Less
Than Fair Value, 81 FR 44946 (July 29, 2016)
(Brazil Final); Certain Cold-Rolled Steel Flat
Products From India: Final Determination of Sales
at Less Than Fair Value; 81 FR 49938 (July 29,
2016) (India Final); Certain Cold-Rolled Steel Flat
Products From the Republic of Korea: Final
Determination of Sales at Less Than Fair Value, 81
FR 49953 (July 29, 2016) (Korea Final); Certain
Cold-Rolled Steel Flat Products From the Russian
Federation: Final Determination of Sales at Less
Than Fair Value and Final Affirmative
Determination of Critical Circumstances, in Part, 81
FR 49950 (July 29, 2016) (Russia Final); and Certain
Cold-Rolled Steel Flat Products From the United
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Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Notices
On July 29, 2016, U.S. Steel, one of
the petitioners,2 submitted a timely filed
allegation that the Department made
certain ministerial errors in calculating
the weighted-average dumping margin
for Companhia Siderurgica Nacional
(CSN) in the Brazil Final. We reviewed
U.S. Steel’s allegations and determined
that we made certain ministerial errors.
See ‘‘Amendment to the Brazil and
United Kingdom Final Determinations’’
section below for further discussion.
On July 27 and 29, 2016, Tata Steel
UK Ltd. (TSUK) and AK Steel, one of
the petitioners, submitted timely filed
allegations that the Department made
certain ministerial errors in calculating
the weighted-average dumping margin
for TSUK in the UK Final. We reviewed
the allegations and determined that we
made certain ministerial errors. See
‘‘Amendment to the Brazil and United
Kingdom Final Determinations’’ section
below for further discussion.
On September 12, 2016, the ITC
notified the Department of its
affirmative determinations that an
industry in the United States is
materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act, by
reason of the LTFV imports of certain
cold-rolled steel flat products from
Brazil, India, the Republic of Korea, and
the United Kingdom.3 In the same letter,
the ITC notified the Department of its
negative determination that an industry
in the United States is materially
injured within the meaning of section
735(b)(1)(A)(i) of the Act, by reason of
the LTFV imports of certain cold-rolled
steel flat products from Russia.4
Scope of the Orders
The product covered by these orders
is certain cold-rolled steel flat products.
For a complete description of the scope
of these orders, see Appendix I.
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Amendment to the Brazil and United
Kingdom Final Determinations
As discussed above, after analyzing
the comments received from U.S. Steel,
Kingdom: Final Determination of Sales at Less Than
Fair Value, 81 FR 49929 (July 29, 2016) (UK Final).
2 AK Steel Corporation (AK Steel), ArcelorMittal
USA LLC, Nucor Corporation, Steel Dynamics, Inc.,
and United States Steel Corporation (U.S. Steel)
(collectively, the petitioners).
3 See Letter to Christian Marsh, Deputy Assistant
Secretary of Commerce for Enforcement and
Compliance, from Irving A. Williamson, Chairman
of the U.S. International Trade Commission,
regarding certain cold-rolled steel flat products
from Brazil, India, Korea, Russia, and the United
Kingdom (September 12, 2016) (ITC Letter). See
also Cold-Rolled Steel Flat Products from Brazil,
India, Korea, Russia, and the United Kingdom
(Investigation Nos. 701–TA–540–544 and 731–TA–
1283–1290 (Final), USITC Publication 4564,
September 2016).
4 Id.
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we determined, in accordance with
section 735(e) of the Act and and 19
CFR 351.224(f), that we made
ministerial errors with regard to CSN’s
margin program by incorrectly
referencing two variable names in
revising the company’s further
manufacturing cost for its U.S. sales.
This amended final AD determination
corrects these ministerial errors. In
addition, because the Department used
CSN’s final margin as the all-others rate,
the amended final AD determination
also revises the ‘‘all-others’’ rate
accordingly. The dumping margins
reported in this notice reflect the
correction of these ministerial errors.
As discussed above, after analyzing
the comments received from TSUK and
AK Steel, we determined, in accordance
with section 735(e) of the Act and and
19 CFR 351.224(f), that we made
ministerial errors with respect to the
calculation of a partial adverse facts
available market price used for the
transactions disregarded analysis of
TSUK’s affiliated electricity purchases.
This amended final AD determination
corrects those errors. In addition,
because the Department calculated the
‘‘all-others’’ rate based on a weighted
average of the respondents’ margins
using publicly-ranged quantities for
their sales of subject merchandise, this
amended final AD determination also
revises the all-others rate accordingly.
The dumping margins reported in this
notice reflect the correction of these
ministerial errors.
Antidumping Duty Orders
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC has notified the Department of its
final determinations that an industry in
the United States is materially injured
by reason of LTFV imports of certain
cold-rolled steel flat products from
Brazil, India, Korea, and the United
Kingdom.5 Therefore, in accordance
with section 735(c)(2) of the Act, we are
publishing these AD orders. Because the
ITC determined that LTFV imports of
certain cold-rolled steel flat products
from Brazil, India, Korea, and the
United Kingdom are materially injuring
a U.S. industry, unliquidated entries of
such merchandise from Brazil, India,
Korea, and the United Kingdom, entered
or withdrawn from warehouse for
consumption, are subject to the
assessment of antidumping duties.
Therefore, in accordance with section
736(a)(1) of the Act, the Department will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by the Department,
5 See
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antidumping duties equal to the amount
by which the normal value of the
merchandise exceeds the export price
(or constructed export price) of the
merchandise, for all relevant entries of
certain cold-rolled steel flat products
from Brazil, India, Korea, and the
United Kingdom. Antidumping duties
will be assessed on unliquidated entries
of certain cold-rolled steel flat products
from Brazil, India, Korea, and the
United Kingdom entered, or withdrawn
from warehouse, for consumption on or
after March 7, 2016, the date of
publication of the preliminary
determinations,6 but will not include
entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
injury determination, as further
described below.
Suspension of Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to suspend liquidation on all
relevant entries of certain cold-rolled
steel flat products from Brazil, India,
Korea, and the United Kingdom. These
instructions suspending liquidation will
remain in effect until further notice.
We will also instruct CBP to require
cash deposits equal to the amounts as
indicated below, adjusted for certain
countervailable subsidies, where
appropriate. Accordingly, effective on
the date of publication of the ITC’s final
affirmative injury determinations, CBP
will require, at the same time as
importers would normally deposit
estimated duties on this subject
merchandise, a cash deposit equal to the
estimated weighted-average dumping
margins listed below.7 The relevant allothers rates apply to all producers or
exporters not specifically listed. For the
purpose of determining cash deposit
rates, the estimated weighted-average
dumping margins for imports of subject
merchandise from Brazil, India, and
6 See Certain Cold-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 11754 (March 7, 2016) (Brazil
Prelim); Certain Cold-Rolled Steel Flat Products
From India: Affirmative Preliminary Determination
of Sales at Less Than Fair Value and Postponement
of Final Determination and Extension of Provisional
Measures, 81 FR 11741 (March 7, 2016) (India
Prelim); Certain Cold-Rolled Steel Flat Products
From the Republic of Korea: Affirmative
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 81 FR 11757 (March 7, 2016) (Korea
Prelim); and Certain Cold-Rolled Steel Flat Products
From the United Kingdom: Affirmative Preliminary
Determination of Sales at Less Than Fair Value,
Postponement of Final Determination and
Extension of Provisional Measures, 81 FR 11744
(March 7, 2016) (UK Prelim).
7 See section 736(a)(3) of the Act.
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Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Notices
Korea, have been adjusted, as
appropriate, for export subsidies found
in the final determination of the
companion countervailing duty
investigations of this merchandise
imported from Brazil, India, and Korea.8
BRAZIL
Weightedaverage
margin
(percent)
Exporter/Producer
Companhia Siderurgica Nacional ............................................................................................................................
Usiminas Siderurgicas de Minas Gerais S.A. (Usiminas) .......................................................................................
All-Others .................................................................................................................................................................
Cash-deposit
rate (percent) 9
19.58
35.43
19.58
15.49
31.66
15.49
INDIA
Weightedaverage
margin
(percent)
Exporter/Producer
JSW Steel Limited/JSW Coated Products Limited ..................................................................................................
All-Others .................................................................................................................................................................
Cash-deposit
rate (percent) 9
7.60
7.60
6.70
6.70
REPUBLIC OF KOREA
Weightedaverage
margin
(percent)
Exporter/Producer
Hyundai Steel Company ..........................................................................................................................................
POSCO and Daewoo International Corporation .....................................................................................................
All-Others .................................................................................................................................................................
2016. Therefore, the extended period,
beginning on the date of publication of
the preliminary determinations, ended
Weightedaverage
on September 2, 2016. Furthermore,
Exporter/Producer
margin
section 737(b) of the Act states that
(percent)
definitive duties are to begin on the date
of publication of the ITC’s final injury
Caparo Precision Strip, Ltd./
determination.
Liberty Performance Steels
Therefore, in accordance with section
Ltd. ....................................
5.40
Tata Steel UK Ltd. ................
25.17 733(d) of the Act and our practice, we
All-Others ..............................
22.58 will instruct CBP to terminate the
suspension of liquidation and to
liquidate, without regard to
Provisional Measures
antidumping duties, unliquidated
Section 733(d) of the Act states that
entries of certain cold-rolled steel flat
instructions issued pursuant to an
products from Brazil, India, Korea, and
affirmative preliminary determination
the United Kingdom entered, or
may not remain in effect for more than
withdrawn from warehouse, for
four months, except where exporters
consumption after September 2, 2016,
representing a significant proportion of
until and through the day preceding the
exports of the subject merchandise
date of publication of the ITC’s final
request the Department to extend that
injury determinations in the Federal
four-month period to no more than six
Register. Suspension of liquidation will
months. At the request of exporters that resume on the date of publication of the
account for a significant proportion of
ITC’s final determination in the Federal
certain cold-rolled steel flat products
Register.
from Brazil, India, Korea, and the
United Kingdom, we extended the four- Notifications to Interested Parties
month period to six months in each
This notice constitutes the AD orders
case.10 In the underlying investigations, with respect to cold-rolled steel from
the Department published the
Brazil, India, Korea, and the United
preliminary determinations on March 7, Kingdom, pursuant to section 736(a) of
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UNITED KINGDOM
8 See Brazil Final, 81 FR at 49947–8, India Final,
81 FR at 49939, and Korea Final, 81 FR at 49954–
5. See also section 772(c)(1)(C) of the Act.
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9 The cash deposit rates are adjusted to account
for the applicable export subsidy rates.
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Cash-deposit
rate 9
34.33
6.32
20.33
34.33
0.00
20.33
the Act. Interested parties may contact
the Department’s Central Records Unit,
Room B8024 of the main Commerce
building, for copies of an updated listed
of AD orders currently in effect.
These orders are published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: September 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Orders
The products covered by these orders are
certain cold-rolled (cold-reduced), flat-rolled
steel products, 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 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 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 covered also include products not
in coils (e.g., in straight lengths) of a
10 See Brazil Prelim, India Prelim, Korea Prelim,
and UK Prelim.
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thickness of 4.75 mm or more and a width
exceeding 150 mm and measuring at least
twice 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 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 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
these orders 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 (also called
wolfram), or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium (also called
columbium), 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,
motor lamination steels, Advanced High
Strength Steels (AHSS), and Ultra High
Strength Steels (UHSS). IF steels are
recognized as low carbon steels with microalloying 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. Motor lamination steels
contain 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 cold-rolled
steel that has been further processed in a
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third country, including but not limited to
annealing, tempering, painting, varnishing,
trimming, cutting, punching, and/or slitting,
or any other processing that would not
otherwise remove the merchandise from the
scope of the orders if performed in the
country of manufacture of the cold-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 these orders unless specifically
excluded. The following products are outside
of and/or specifically excluded from the
scope of these orders:
• Ball bearing steels; 11
• Tool steels; 12
• Silico-manganese steel; 13
• Grain-oriented electrical steels (GOES) as
defined in the final determination of the U.S.
Department of Commerce in Grain-Oriented
Electrical Steel From Germany, Japan, and
Poland.14
• Non-Oriented Electrical Steels (NOES),
as defined in the antidumping orders issued
by the U.S. Department of Commerce in NonOriented Electrical Steel From the People’s
Republic of China, Germany, Japan, the
Republic of Korea, Sweden, and Taiwan.15
11 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.
12 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.
13 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.
14 See Grain-Oriented Electrical Steel From
Germany, Japan, and Poland: Final Determinations
of Sales at Less Than Fair Value and Certain Final
Affirmative Determination of Critical
Circumstances, 79 FR 42501, 42503 (July 22, 2014).
This determination defines grain-oriented electrical
steel as ‘‘a flat-rolled alloy steel product containing
by weight at least 0.6 percent but not more than 6
percent of silicon, not more than 0.08 percent of
carbon, not more than 1.0 percent of aluminum, and
no other element in an amount that would give the
steel the characteristics of another alloy steel, in
coils or in straight lengths.’’
15 See Non-Oriented Electrical Steel From the
People’s Republic of China, Germany, Japan, the
Republic of Korea, Sweden, and Taiwan:
Antidumping Duty Orders, 79 FR 71741, 71741–42
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The products subject to these orders are
currently classified in the Harmonized Tariff
Schedule of the United States (HTSUS) under
item numbers: 7209.15.0000, 7209.16.0030,
7209.16.0060, 7209.16.0070, 7209.16.0091,
7209.17.0030, 7209.17.0060, 7209.17.0070,
7209.17.0091, 7209.18.1530, 7209.18.1560,
7209.18.2510, 7209.18.2520, 7209.18.2580,
7209.18.6020, 7209.18.6090, 7209.25.0000,
7209.26.0000, 7209.27.0000, 7209.28.0000,
7209.90.0000, 7210.70.3000, 7211.23.1500,
7211.23.2000, 7211.23.3000, 7211.23.4500,
7211.23.6030, 7211.23.6060, 7211.23.6090,
7211.29.2030, 7211.29.2090, 7211.29.4500,
7211.29.6030, 7211.29.6080, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7225.50.6000,
7225.50.8080, 7225.99.0090, 7226.92.5000,
7226.92.7050, and 7226.92.8050. The
products subject to these orders may also
enter under the following HTSUS numbers:
7210.90.9000, 7212.50.0000, 7215.10.0010,
7215.10.0080, 7215.50.0016, 7215.50.0018,
7215.50.0020, 7215.50.0061, 7215.50.0063,
7215.50.0065, 7215.50.0090, 7215.90.5000,
7217.10.1000, 7217.10.2000, 7217.10.3000,
7217.10.7000, 7217.90.1000, 7217.90.5030,
7217.90.5060, 7217.90.5090, 7225.19.0000,
7226.19.1000, 7226.19.9000, 7226.99.0180,
7228.50.5015, 7228.50.5040, 7228.50.5070,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
purposes only. The written description of the
scope of the orders is dispositive.
[FR Doc. 2016–22613 Filed 9–19–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Meeting of the United States Travel
and Tourism Advisory Board
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of an open meeting.
AGENCY:
The United States Travel and
Tourism Advisory Board (Board) will
hold an open meeting via teleconference
on Tuesday, October 4, 2016. The Board
was re-chartered in August 2015 and
advises the Secretary of Commerce on
matters relating to the U.S. travel and
SUMMARY:
(December 3, 2014). The orders define NOES as
‘‘cold-rolled, flat-rolled, alloy steel products,
whether or not in coils, regardless of width, having
an actual thickness of 0.20 mm or more, in which
the core loss is substantially equal in any direction
of magnetization in the plane of the material. The
term ‘substantially equal’ means that the cross grain
direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of
core loss. NOES has a magnetic permeability that
does not exceed 1.65 Tesla when tested at a field
of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the sheet (i.e.,
B800 value). NOES contains by weight more than
1.00 percent of silicon but less than 3.5 percent of
silicon, not more than 0.08 percent of carbon, and
not more than 1.5 percent of aluminum. NOES has
a surface oxide coating, to which an insulation
coating may be applied.’’
E:\FR\FM\20SEN1.SGM
20SEN1
]]>Agencies
[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Notices]
[Pages 64432-64435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22613]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-843, A-533-865, A-580-881, A-412-824]
Certain Cold-Rolled Steel Flat Products from Brazil, India, the
Republic of Korea, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Brazil and the United Kingdom and
Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the U.S. International Trade Commission
(the ITC), the Department is issuing antidumping duty (AD) orders on
certain cold-rolled steel flat products (cold-rolled steel) from
Brazil, India, the Republic of Korea (Korea), and the United Kingdom.
In addition, the Department is amending its final determinations of
sales at less-than-fair value (LTFV) from Brazil and the United
Kingdom, to correct ministerial errors.
DATES: Effective September 20, 2016.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla at (202) 482-3477
(Brazil); Patrick O'Connor at (202) 482-0989 (India); Victoria Cho at
(202) 482- 5075 (Korea); or Thomas Schauer at (202) 482-0410 (the
United Kingdom), AD/CVD Operations, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), on July 29, 2016, the Department made
final determinations that cold-rolled steel from Brazil, India, Korea,
Russia, and the United Kingdom is being sold in the United States at
less-than-fair value.\1\
---------------------------------------------------------------------------
\1\ See Certain Cold-Rolled Steel Flat Products From Brazil:
Final Determination of Sales at Less Than Fair Value, 81 FR 44946
(July 29, 2016) (Brazil Final); Certain Cold-Rolled Steel Flat
Products From India: Final Determination of Sales at Less Than Fair
Value; 81 FR 49938 (July 29, 2016) (India Final); Certain Cold-
Rolled Steel Flat Products From the Republic of Korea: Final
Determination of Sales at Less Than Fair Value, 81 FR 49953 (July
29, 2016) (Korea Final); Certain Cold-Rolled Steel Flat Products
From the Russian Federation: Final Determination of Sales at Less
Than Fair Value and Final Affirmative Determination of Critical
Circumstances, in Part, 81 FR 49950 (July 29, 2016) (Russia Final);
and Certain Cold-Rolled Steel Flat Products From the United Kingdom:
Final Determination of Sales at Less Than Fair Value, 81 FR 49929
(July 29, 2016) (UK Final).
---------------------------------------------------------------------------
[[Page 64433]]
On July 29, 2016, U.S. Steel, one of the petitioners,\2\ submitted
a timely filed allegation that the Department made certain ministerial
errors in calculating the weighted-average dumping margin for Companhia
Siderurgica Nacional (CSN) in the Brazil Final. We reviewed U.S.
Steel's allegations and determined that we made certain ministerial
errors. See ``Amendment to the Brazil and United Kingdom Final
Determinations'' section below for further discussion.
---------------------------------------------------------------------------
\2\ AK Steel Corporation (AK Steel), ArcelorMittal USA LLC,
Nucor Corporation, Steel Dynamics, Inc., and United States Steel
Corporation (U.S. Steel) (collectively, the petitioners).
---------------------------------------------------------------------------
On July 27 and 29, 2016, Tata Steel UK Ltd. (TSUK) and AK Steel,
one of the petitioners, submitted timely filed allegations that the
Department made certain ministerial errors in calculating the weighted-
average dumping margin for TSUK in the UK Final. We reviewed the
allegations and determined that we made certain ministerial errors. See
``Amendment to the Brazil and United Kingdom Final Determinations''
section below for further discussion.
On September 12, 2016, the ITC notified the Department of its
affirmative determinations that an industry in the United States is
materially injured within the meaning of section 735(b)(1)(A)(i) of the
Act, by reason of the LTFV imports of certain cold-rolled steel flat
products from Brazil, India, the Republic of Korea, and the United
Kingdom.\3\ In the same letter, the ITC notified the Department of its
negative determination that an industry in the United States is
materially injured within the meaning of section 735(b)(1)(A)(i) of the
Act, by reason of the LTFV imports of certain cold-rolled steel flat
products from Russia.\4\
---------------------------------------------------------------------------
\3\ See Letter to Christian Marsh, Deputy Assistant Secretary of
Commerce for Enforcement and Compliance, from Irving A. Williamson,
Chairman of the U.S. International Trade Commission, regarding
certain cold-rolled steel flat products from Brazil, India, Korea,
Russia, and the United Kingdom (September 12, 2016) (ITC Letter).
See also Cold-Rolled Steel Flat Products from Brazil, India, Korea,
Russia, and the United Kingdom (Investigation Nos. 701-TA-540-544
and 731-TA-1283-1290 (Final), USITC Publication 4564, September
2016).
\4\ Id.
---------------------------------------------------------------------------
Scope of the Orders
The product covered by these orders is certain cold-rolled steel
flat products. For a complete description of the scope of these orders,
see Appendix I.
Amendment to the Brazil and United Kingdom Final Determinations
As discussed above, after analyzing the comments received from U.S.
Steel, we determined, in accordance with section 735(e) of the Act and
and 19 CFR 351.224(f), that we made ministerial errors with regard to
CSN's margin program by incorrectly referencing two variable names in
revising the company's further manufacturing cost for its U.S. sales.
This amended final AD determination corrects these ministerial errors.
In addition, because the Department used CSN's final margin as the all-
others rate, the amended final AD determination also revises the ``all-
others'' rate accordingly. The dumping margins reported in this notice
reflect the correction of these ministerial errors.
As discussed above, after analyzing the comments received from TSUK
and AK Steel, we determined, in accordance with section 735(e) of the
Act and and 19 CFR 351.224(f), that we made ministerial errors with
respect to the calculation of a partial adverse facts available market
price used for the transactions disregarded analysis of TSUK's
affiliated electricity purchases. This amended final AD determination
corrects those errors. In addition, because the Department calculated
the ``all-others'' rate based on a weighted average of the respondents'
margins using publicly-ranged quantities for their sales of subject
merchandise, this amended final AD determination also revises the all-
others rate accordingly. The dumping margins reported in this notice
reflect the correction of these ministerial errors.
Antidumping Duty Orders
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC has notified the Department of its final determinations that an
industry in the United States is materially injured by reason of LTFV
imports of certain cold-rolled steel flat products from Brazil, India,
Korea, and the United Kingdom.\5\ Therefore, in accordance with section
735(c)(2) of the Act, we are publishing these AD orders. Because the
ITC determined that LTFV imports of certain cold-rolled steel flat
products from Brazil, India, Korea, and the United Kingdom are
materially injuring a U.S. industry, unliquidated entries of such
merchandise from Brazil, India, Korea, and the United Kingdom, entered
or withdrawn from warehouse for consumption, are subject to the
assessment of antidumping duties.
---------------------------------------------------------------------------
\5\ See ITC Letter.
---------------------------------------------------------------------------
Therefore, in accordance with section 736(a)(1) of the Act, the
Department will direct U.S. Customs and Border Protection (CBP) to
assess, upon further instruction by the Department, antidumping duties
equal to the amount by which the normal value of the merchandise
exceeds the export price (or constructed export price) of the
merchandise, for all relevant entries of certain cold-rolled steel flat
products from Brazil, India, Korea, and the United Kingdom. Antidumping
duties will be assessed on unliquidated entries of certain cold-rolled
steel flat products from Brazil, India, Korea, and the United Kingdom
entered, or withdrawn from warehouse, for consumption on or after March
7, 2016, the date of publication of the preliminary determinations,\6\
but will not include entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
injury determination, as further described below.
---------------------------------------------------------------------------
\6\ See Certain Cold-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 11754 (March 7, 2016) (Brazil Prelim);
Certain Cold-Rolled Steel Flat Products From India: Affirmative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and Extension of Provisional
Measures, 81 FR 11741 (March 7, 2016) (India Prelim); Certain Cold-
Rolled Steel Flat Products From the Republic of Korea: Affirmative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 11757 (March 7, 2016)
(Korea Prelim); and Certain Cold-Rolled Steel Flat Products From the
United Kingdom: Affirmative Preliminary Determination of Sales at
Less Than Fair Value, Postponement of Final Determination and
Extension of Provisional Measures, 81 FR 11744 (March 7, 2016) (UK
Prelim).
---------------------------------------------------------------------------
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to suspend liquidation on all relevant entries of certain
cold-rolled steel flat products from Brazil, India, Korea, and the
United Kingdom. These instructions suspending liquidation will remain
in effect until further notice.
We will also instruct CBP to require cash deposits equal to the
amounts as indicated below, adjusted for certain countervailable
subsidies, where appropriate. Accordingly, effective on the date of
publication of the ITC's final affirmative injury determinations, CBP
will require, at the same time as importers would normally deposit
estimated duties on this subject merchandise, a cash deposit equal to
the estimated weighted-average dumping margins listed below.\7\ The
relevant all-others rates apply to all producers or exporters not
specifically listed. For the purpose of determining cash deposit rates,
the estimated weighted-average dumping margins for imports of subject
merchandise from Brazil, India, and
[[Page 64434]]
Korea, have been adjusted, as appropriate, for export subsidies found
in the final determination of the companion countervailing duty
investigations of this merchandise imported from Brazil, India, and
Korea.\8\
---------------------------------------------------------------------------
\7\ See section 736(a)(3) of the Act.
\8\ See Brazil Final, 81 FR at 49947-8, India Final, 81 FR at
49939, and Korea Final, 81 FR at 49954-5. See also section
772(c)(1)(C) of the Act.
Brazil
------------------------------------------------------------------------
Weighted-
average Cash-deposit
Exporter/Producer margin rate (percent)
(percent) \9\
------------------------------------------------------------------------
Companhia Siderurgica Nacional.......... 19.58 15.49
Usiminas Siderurgicas de Minas Gerais 35.43 31.66
S.A. (Usiminas)........................
All-Others.............................. 19.58 15.49
------------------------------------------------------------------------
India
------------------------------------------------------------------------
Weighted-
average Cash-deposit
Exporter/Producer margin rate (percent)
(percent) \9\
------------------------------------------------------------------------
JSW Steel Limited/JSW Coated Products 7.60 6.70
Limited................................
All-Others.............................. 7.60 6.70
------------------------------------------------------------------------
Republic of Korea
------------------------------------------------------------------------
Weighted-
average Cash-deposit
Exporter/Producer margin rate \9\
(percent)
------------------------------------------------------------------------
Hyundai Steel Company................... 34.33 34.33
POSCO and Daewoo International 6.32 0.00
Corporation............................
All-Others.............................. 20.33 20.33
------------------------------------------------------------------------
United Kingdom
------------------------------------------------------------------------
Weighted-
average
Exporter/Producer margin
(percent)
------------------------------------------------------------------------
Caparo Precision Strip, Ltd./Liberty Performance Steels 5.40
Ltd....................................................
Tata Steel UK Ltd....................................... 25.17
All-Others.............................................. 22.58
------------------------------------------------------------------------
Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months, except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of certain cold-rolled steel flat products from Brazil,
India, Korea, and the United Kingdom, we extended the four-month period
to six months in each case.\10\ In the underlying investigations, the
Department published the preliminary determinations on March 7, 2016.
Therefore, the extended period, beginning on the date of publication of
the preliminary determinations, ended on September 2, 2016.
Furthermore, section 737(b) of the Act states that definitive duties
are to begin on the date of publication of the ITC's final injury
determination.
---------------------------------------------------------------------------
\9\ The cash deposit rates are adjusted to account for the
applicable export subsidy rates.
\10\ See Brazil Prelim, India Prelim, Korea Prelim, and UK
Prelim.
---------------------------------------------------------------------------
Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of certain cold-rolled steel flat products from
Brazil, India, Korea, and the United Kingdom entered, or withdrawn from
warehouse, for consumption after September 2, 2016, until and through
the day preceding the date of publication of the ITC's final injury
determinations in the Federal Register. Suspension of liquidation will
resume on the date of publication of the ITC's final determination in
the Federal Register.
Notifications to Interested Parties
This notice constitutes the AD orders with respect to cold-rolled
steel from Brazil, India, Korea, and the United Kingdom, pursuant to
section 736(a) of the Act. Interested parties may contact the
Department's Central Records Unit, Room B8024 of the main Commerce
building, for copies of an updated listed of AD orders currently in
effect.
These orders are published in accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: September 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Orders
The products covered by these orders are certain cold-rolled
(cold-reduced), flat-rolled steel products, 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 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 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 covered also include products not in coils (e.g., in
straight lengths) of a
[[Page 64435]]
thickness of 4.75 mm or more and a width exceeding 150 mm and
measuring at least twice 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 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.
Steel products included in the scope of these orders 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 (also called wolfram), or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), 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, 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. Motor lamination steels contain 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 cold-rolled steel that has been
further processed in a third country, including but not limited to
annealing, tempering, painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other processing that would not
otherwise remove the merchandise from the scope of the orders if
performed in the country of manufacture of the cold-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 these orders
unless specifically excluded. The following products are outside of
and/or specifically excluded from the scope of these orders:
Ball bearing steels; \11\
---------------------------------------------------------------------------
\11\ Ball bearing steels are defined as steels which contain, in
addition to iron, each of the following elements by weight in the
amount specified: (i) Not less than 0.95 nor more than 1.13 percent
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv)
none, or not more than 0.03 percent of phosphorus; (v) not less than
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25
nor more than 1.65 percent of chromium; (vii) none, or not more than
0.28 percent of nickel; (viii) none, or not more than 0.38 percent
of copper; and (ix) none, or not more than 0.09 percent of
molybdenum.
---------------------------------------------------------------------------
Tool steels; \12\
---------------------------------------------------------------------------
\12\ Tool steels are defined as steels which contain the
following combinations of elements in the quantity by weight
respectively indicated: (i) More than 1.2 percent carbon and more
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent chromium; or
(iii) not less than 0.85 percent carbon and 1 percent to 1.8
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent,
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon and not less
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent
carbon and not less than 5.5 percent tungsten.
---------------------------------------------------------------------------
Silico-manganese steel; \13\
---------------------------------------------------------------------------
\13\ 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.
---------------------------------------------------------------------------
Grain-oriented electrical steels (GOES) as defined in
the final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel From Germany, Japan, and Poland.\14\
---------------------------------------------------------------------------
\14\ See Grain-Oriented Electrical Steel From Germany, Japan,
and Poland: Final Determinations of Sales at Less Than Fair Value
and Certain Final Affirmative Determination of Critical
Circumstances, 79 FR 42501, 42503 (July 22, 2014). This
determination defines grain-oriented electrical steel as ``a flat-
rolled alloy steel product containing by weight at least 0.6 percent
but not more than 6 percent of silicon, not more than 0.08 percent
of carbon, not more than 1.0 percent of aluminum, and no other
element in an amount that would give the steel the characteristics
of another alloy steel, in coils or in straight lengths.''
---------------------------------------------------------------------------
Non-Oriented Electrical Steels (NOES), as defined in
the antidumping orders issued by the U.S. Department of Commerce in
Non-Oriented Electrical Steel From the People's Republic of China,
Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\15\
---------------------------------------------------------------------------
\15\ See Non-Oriented Electrical Steel From the People's
Republic of China, Germany, Japan, the Republic of Korea, Sweden,
and Taiwan: Antidumping Duty Orders, 79 FR 71741, 71741-42 (December
3, 2014). The orders define NOES as ``cold-rolled, flat-rolled,
alloy steel products, whether or not in coils, regardless of width,
having an actual thickness of 0.20 mm or more, in which the core
loss is substantially equal in any direction of magnetization in the
plane of the material. The term `substantially equal' means that the
cross grain direction of core loss is no more than 1.5 times the
straight grain direction (i.e., the rolling direction) of core loss.
NOES has a magnetic permeability that does not exceed 1.65 Tesla
when tested at a field of 800 A/m (equivalent to 10 Oersteds) along
(i.e., parallel to) the rolling direction of the sheet (i.e., B800
value). NOES contains by weight more than 1.00 percent of silicon
but less than 3.5 percent of silicon, not more than 0.08 percent of
carbon, and not more than 1.5 percent of aluminum. NOES has a
surface oxide coating, to which an insulation coating may be
applied.''
---------------------------------------------------------------------------
The products subject to these orders are currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under
item numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060,
7209.16.0070, 7209.16.0091, 7209.17.0030, 7209.17.0060,
7209.17.0070, 7209.17.0091, 7209.18.1530, 7209.18.1560,
7209.18.2510, 7209.18.2520, 7209.18.2580, 7209.18.6020,
7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000,
7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500,
7211.23.2000, 7211.23.3000, 7211.23.4500, 7211.23.6030,
7211.23.6060, 7211.23.6090, 7211.29.2030, 7211.29.2090,
7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080,
7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The
products subject to these orders may also enter under the following
HTSUS numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010,
7215.10.0080, 7215.50.0016, 7215.50.0018, 7215.50.0020,
7215.50.0061, 7215.50.0063, 7215.50.0065, 7215.50.0090,
7215.90.5000, 7217.10.1000, 7217.10.2000, 7217.10.3000,
7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000,
7226.99.0180, 7228.50.5015, 7228.50.5040, 7228.50.5070,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are provided for convenience and
U.S. Customs purposes only. The written description of the scope of
the orders is dispositive.
[FR Doc. 2016-22613 Filed 9-19-16; 8:45 am]
BILLING CODE 3510-DS-P
