Certain Hot-Rolled Steel Flat Products From Brazil and the Republic of Korea: Amended Final Affirmative Countervailing Duty Determinations and Countervailing Duty Orders, 67960-67962 [2016-23835]
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Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices
6. Catrina Purvis, Chief Privacy Officer
and Director of Open Government,
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Dated: September 20, 2016.
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of Human Resources Management, Office of
the Secretary/Office of the CFO/ASA,
Department of Commerce.
[FR Doc. 2016–23655 Filed 9–30–16; 8:45 am]
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DEPARTMENT OF COMMERCE
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Foreign-Trade Zone (FTZ) 133—QuadCities, Iowa/Illinois; Authorization of
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Dated: September 23, 2016.
Andrew McGilvray,
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[FR Doc. 2016–23827 Filed 9–30–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
sradovich on DSK3GMQ082PROD with NOTICES
[C–351–846, C–580–884]
Certain Hot-Rolled Steel Flat Products
From Brazil and the Republic of Korea:
Amended Final Affirmative
Countervailing Duty Determinations
and Countervailing 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
AGENCY:
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17:56 Sep 30, 2016
Jkt 241001
International Trade Commission (ITC),
the Department is issuing countervailing
duty (CVD) orders on certain hot-rolled
steel flat products (hot-rolled steel) from
Brazil and the Republic of Korea
(Korea). In addition, the Department is
amending its final affirmative
determination with respect to Korea to
correct the rate assigned to POSCO.
DATES: Effective October 3, 2016.
FOR FURTHER INFORMATION CONTACT:
Sergio Balbontin at (202) 482–6478
(Brazil); and Katie Marksberry at (202)
482–7906 (Korea); 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 section 705(a) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.210(c), on August
4, 2016, the Department made final
determinations that countervailable
subsidies are being provided to
producers and exporters of hot-rolled
steel from Brazil and Korea.1 Pursuant
to section 705(d) of the Act, the
Department published the affirmative
final determinations on August 12,
2016.2
On August 12, 2016, Hyundai Steel
and POSCO timely filed ministerial
error comments, alleging that the
Department made errors in the final
determination of the CVD investigation
of hot-rolled steel from Korea. On
August 17, 2016, Nucor Corporation
(Petitioner) filed rebuttal comments. We
analyzed the allegations submitted by
Hyundai Steel and POSCO, and
determined that one ministerial error
1 Pursuant to section 735(c)(2) of the Act, we have
terminated the countervailing duty investigation of
hot-rolled steel from Turkey because the ITC found
imports subsidized by the government of Turkey to
be negligible, see Letter to Christian Marsh, Deputy
Assistant Secretary of Commerce for Enforcement
and Compliance, from Irving Williamson, Chairman
of the U.S. International Trade Commission,
regarding antidumping and countervailing duty
investigations concerning imports of certain hotrolled steel flat products from Australia, Brazil,
Japan, Korea, the Netherlands, Turkey, and the
United Kingdom (Investigation Nos. 701–TA–545–
547 and 731–TA–1291–1297 (September 26, 2016)
(ITC Letter).
2 See Countervailing Duty Investigation of Certain
Hot-Rolled Steel Flat Products from Brazil: Final
Affirmative Determination, and Final
Determination of Critical Circumstances, in Part, 81
FR 53416 (August 12, 2016) (Brazil CVD Final
Determination); Countervailing Duty Investigation
of Certain Hot-Rolled Steel Flat Products from the
Republic of Korea: Final Affirmative Determination,
81 FR 53439 (August 12, 2016) (Korea CVD Final
Determination); Countervailing Duty Investigation
of Certain Hot-Rolled Steel Flat Products From the
Republic of Turkey: Final Affirmative
Determination, 81 FR 53433 (August 12, 2016).
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Sfmt 4703
exists, as defined by section 705(e) of
the Act and 19 CFR 351.224(f).3 See
‘‘Amendment to the Korea Final
Determination’’ section below for
further discussion.
On September 26, 2016, the ITC
notified the Department of its final
determinations that an industry in the
United States is materially injured by
reason of subsidized imports of subject
merchandise from Brazil and Korea,
within the meaning of section
705(b)(1)(A)(i) of the Act and that
critical circumstances do not exist with
respect to imports of subject
merchandise from Brazil.4
Scope of the Orders
The products covered by these orders
are certain hot-rolled steel flat products.
For a complete description of the scope
of the orders, see Appendix I.
Amendment to the Korea CVD Final
Determination
As discussed above, after analyzing
the comments received from Hyundai
Steel and POSCO, we determined, in
accordance with section 705(e) of the
Act and 19 CFR 351.224(f), that we
made a ministerial error with regard to
certain calculations in the Korea CVD
Final Determination with respect to
POSCO. This amended final CVD
determination corrects these errors and
revises the ad valorem subsidy rate for
POSCO to 58.68 percent (from 57.04
percent).5 There is no change to the ‘‘all
others’’ rate because POSCO’s rate was
determined entirely under section 776
of the Act, and therefore, excluded from
the ‘‘all others’’ rate calculation.
Countervailing Duty Orders
In accordance with sections
705(b)(1)(A)(i), and 705(d) of the Act,
the ITC has notified the Department of
its final determinations that the industry
in the United States producing hotrolled steel is materially injured by
reason of subsidized imports of hotrolled steel from Brazil and Korea, and
that critical circumstances do not exist
with respect to imports of subject
merchandise from Brazil.6 Therefore, in
3 See Department Memorandum regarding
‘‘Countervailing Duty Investigation: Certain HotRolled Steel Flat Products from the Republic of
Korea: Response to Ministerial Error Comments
filed by Hyundai Steel Co., Ltd. and POSCO,’’ dated
August 23, 2016 (Korea Ministerial Error Decision
Memorandum).
4 See ITC Letter.
5 See Korea Ministerial Error Decision
Memorandum. See also Department Memorandum
regarding ‘‘Countervailing Duty Investigation of
Certain Hot-Rolled Steel Flat Products from the
Republic of Korea: Amended Final Determination
Calculation Memorandum for POSCO,’’ dated
August 23, 2016.
6 See ITC Letter.
E:\FR\FM\03OCN1.SGM
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Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices
accordance with section 705(c)(2) of the
Act, we are publishing these CVD
orders.
Brazil
As a result of the ITC’s final
determinations, in accordance with
section 706(a) of the Act, the
Department will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by the
Department, countervailing duties on
unliquidated entries of hot-rolled steel
from Brazil entered, or withdrawn from
warehouse, for consumption on or after
January 15, 2016, the date on which the
Department published its preliminary
affirmative countervailing duty
determinations in the Federal Register,7
and before May 14, 2016, the date on
which the Department instructed CBP to
discontinue the suspension of
liquidation in accordance with section
703(d) of the Act. Section 703(d) of the
Act states that the suspension of
liquidation pursuant to a preliminary
determination may not remain in effect
for more than four months. Therefore,
entries of hot-rolled steel from Brazil
made on or after May 14, 2016, and
prior to the date of publication of the
ITC’s final determination in the Federal
Register, are not liable for assessment of
countervailing duties due to the
Department’s discontinuation, effective
May 14, 2016, of the suspension of
liquidation.
Korea
Because the Department’s preliminary
determination in the Korea CVD
investigation was negative, we did not
instruct CBP to suspend liquidation
with regard to entries of hot-rolled steel
from Korea.8 The Department’s final
determination was affirmative, and
therefore, we directed CBP to suspend
liquidation.9 Therefore, with regard to
Korea, we will direct CBP to assess,
upon further instruction by the
Department, countervailing duties on
unliquidated entries of hot-rolled steel
entered, or withdrawn from warehouse,
for consumption on or after August 12,
2016, the date on which the Department
Suspension of Liquidation
In accordance with section 706 of the
Act, we will direct CBP to reinstitute the
suspension of liquidation of hot-rolled
steel from Brazil effective on the date of
publication of the ITC’s notice of final
determinations in the Federal Register,
and to continue the suspension of
liquidation of hot-rolled steel from
Korea, effective on the date of
publication of the Department’s notice
of final determination in the Federal
Register. We will also direct CBP to
assess, upon further instruction by the
Department, pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of the subject
merchandise in an amount based on the
net countervailable subsidy rates for the
subject merchandise.
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of hot-rolled steel from Brazil,
we will instruct CBP to lift suspension
and to refund any cash deposits made
to secure the payment of estimated
countervailing duties with respect to
entries of the subject merchandise
entered, or withdrawn from warehouse
for consumption on or after October 17,
2015 (i.e., 90 days prior to the date of
the publication of the CVD Preliminary
Determination), but before January 15,
2016 (i.e., the date of publication of the
CVD Preliminary Determination).
On or after the date of publication of
the ITC’s final injury determinations in
the Federal Register, CBP must require,
at the same time as importers would
normally deposit estimated duties on
this merchandise, a cash deposit equal
to the rates noted below:
Exporter/proucer from Brazil
Companhia Siderurgica Nacional
(CSN) ......................................
Usinas Siderurgicas de Minas
Gerais S.A. (Usiminas) ...........
All Others ....................................
Subsidy
rate
(percent)
11.30
11.09
11.20
7 See
sradovich on DSK3GMQ082PROD with NOTICES
Countervailing Duty Investigation of Certain
Cold-Rolled Steel Flat Products from Brazil:
Preliminary Affirmative Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 81 FR 2168
(January 15, 2016) (Brazil CVD Preliminary
Determination).
8 See Countervailing Duty Investigation of Certain
Hot-Rolled Steel Flat Products from the Republic of
Korea: Preliminary Negative Determination and
Alignment of Final Determination With Final
Antidumping Duty Determination, 81 FR 2172
(January 15, 2016) (Korea CVD Preliminary
Determination).
9 See Korea CVD Final Determination, 81 FR at
53440.
published the Korea CVD Final
Determination in the Federal Register.
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17:56 Sep 30, 2016
Jkt 241001
Exporter/proucer from Korea
POSCO .......................................
Hyundai Steel Co., Ltd ...............
All Others ....................................
Subsidy
rate
(percent)
58.68
3.89
3.89
Notifications to Interested Parties
This notice constitutes the CVD
orders with respect to hot-rolled steel
from Brazil and Korea, pursuant to
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Sfmt 4703
67961
section 706(a) of the Act. Interested
parties can find a list of countervailing
duty orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html.
These orders are issued and published
in accordance with section 706(a) of the
Act and 19 CFR 351.211(b).
Dated: September 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
The products covered by this order are
certain hot-rolled, flat-rolled steel products,
with or without patterns in relief, and
whether or not annealed, painted, varnished,
or coated with plastics or other non-metallic
substances. The products covered do not
include those that are clad, plated, or coated
with metal. The products covered include
coils that have a width or other lateral
measurement (‘‘width’’) of 12.7 mm or
greater, regardless of thickness, and
regardless of form of coil (e.g., in
successively superimposed layers, spirally
oscillating, etc.). The products covered also
include products not in coils (e.g., in straight
lengths) of a thickness of less than 4.75 mm
and a width that is 12.7 mm or greater and
that measures at least 10 times the thickness.
The products described above may be
rectangular, square, circular, or other shape
and include products of either rectangular or
non-rectangular cross-section where such
cross-section is achieve subsequent to the
rolling process, i.e., products which have
been ‘‘worked after rolling’’ (e.g., products
which have been beveled or rounded at the
edges). For purposes of the width and
thickness requirements referenced above:
(1) Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set forth
above unless the resulting measurement
makes the product covered by the existing
antidumping 10 or countervailing duty 11
orders on Certain Cut-To-Length CarbonQuality Steel Plate Products From the
Republic of Korea (A–580–836; C–580–837),
and
(2) where the width and thickness vary for
a specific product (e.g., the thickness of
certain products with non-rectangular crosssection, the width of certain products with
non-rectangular shape, etc.), the
measurement at its greatest width or
thickness applies.
10 See Notice of Amendment of Final
Determinations of Sales at Less Than Fair Value
and Antidumping Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate Products From
France, India, Indonesia, Italy, Japan and the
Republic of Korea, 65 FR 6585 (February 10, 2000).
11 See Notice of Amended Final Determinations:
Certain Cut-to-Length Carbon-Quality Steel Plate
From India and the Republic of Korea; and Notice
of Countervailing Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate From France,
India, Indonesia, Italy, and the Republic of Korea,
65 FR 6587 (February 10, 2000).
E:\FR\FM\03OCN1.SGM
03OCN1
sradovich on DSK3GMQ082PROD with NOTICES
67962
Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Notices
Steel products included in the scope of this
order are products in which: (1) Iron
predominates, by weight, over each of the
other contained elements; (2) the carbon
content is 2 percent or less, by weight; and
(3) none of the elements listed below exceeds
the quantity, by weight, respectively
indicated:
• 2.50 percent of manganese, or
• 3.30 percent of silicon, or
• 1.50 percent of copper, or
• 1.50 percent of aluminum, or
• 1.25 percent of chromium, or
• 0.30 percent of cobalt, or
• 0.40 percent of lead, or
• 2.00 percent of nickel, or
• 0.30 percent of tungsten, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium, or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
Unless specifically excluded, products are
included in this scope regardless of levels of
boron and titanium.
For example, specifically included in this
scope are vacuum degassed, fully stabilized
(commonly referred to as interstitial-free (IF))
steels, high strength low alloy (HSLA) steels,
the substrate for motor lamination steels,
Advanced High Strength Steels (AHSS), and
Ultra High Strength Steels (UHSS). IF steels
are recognized as low carbon steels with
micro-alloying levels of elements such as
titanium and/or niobium added to stabilize
carbon and nitrogen elements. HSLA steels
are recognized as steels with micro-alloying
levels of elements such as chromium, copper,
niobium, titanium, vanadium, and
molybdenum. The substrate for motor
lamination steels contains micro-alloying
levels of elements such as silicon and
aluminum. AHSS and UHSS are considered
high tensile strength and high elongation
steels, although AHSS and UHSS are covered
whether or not they are high tensile strength
or high elongation steels.
Subject merchandise includes hot-rolled
steel that has been further processed in a
third country, including but not limited to
pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing,
painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other
processing that would not otherwise remove
the merchandise from the scope of the orders
if performed in the country of manufacture
of the hot-rolled steel.
All products that meet the written physical
description, and in which the chemistry
quantities do not exceed any one of the noted
element levels listed above, are within the
scope of these orders unless specifically
excluded. The following products are outside
of and/or specifically excluded from the
scope of this order:
• Universal mill plates (i.e., hot-rolled,
flat-rolled products not in coils that have
been rolled on four faces or in a closed box
pass, of a width exceeding 150 mm but not
exceeding 1250 mm, of a thickness not less
than 4.0 mm, and without patterns in relief);
• Products that have been cold-rolled
(cold-reduced) after hot-rolling; 12
12 For purposes of this scope exclusion, rolling
operations such as a skin pass, levelling, temper
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17:56 Sep 30, 2016
Jkt 241001
• Ball bearing steels; 13
• Tool steels; 14 and
• Silico-manganese steels; 15
The products subject to this order are
currently classified in the Harmonized Tariff
Schedule of the United States (‘‘HTSUS’’)
under item numbers: 7208.10.1500,
7208.10.3000, 7208.10.6000, 7208.25.3000,
7208.25.6000, 7208.26.0030, 7208.26.0060,
7208.27.0030, 7208.27.0060, 7208.36.0030,
7208.36.0060, 7208.37.0030, 7208.37.0060,
7208.38.0015, 7208.38.0030, 7208.38.0090,
7208.39.0015, 7208.39.0030, 7208.39.0090,
7208.40.6030, 7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000, 7210.70.3000,
7211.14.0030, 7211.14.0090, 7211.19.1500,
7211.19.2000, 7211.19.3000, 7211.19.4500,
7211.19.6000, 7211.19.7530, 7211.19.7560,
7211.19.7590, 7225.11.0000, 7225.19.0000,
7225.30.3050, 7225.30.7000, 7225.40.7000,
7225.99.0090, 7226.11.1000, 7226.11.9030,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.5000, 7226.91.7000, and
7226.91.8000. The products subject to the
order may also enter under the following
HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015, 7214.91.0060,
7214.91.0090, 7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000, 7226.99.0180,
and 7228.60.6000.
The HTSUS subheadings above are
provided for convenience and U.S. Customs
purposes only. The written description of the
scope of the order is dispositive.
[FR Doc. 2016–23835 Filed 9–30–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–809, A–351–845, A–588–874, A–580–
883, A–421–813, A–489–826, A–412–825]
Certain Hot-Rolled Steel Flat Products
From Australia, Brazil, Japan, the
Republic of Korea, the Netherlands,
the Republic of Turkey, and the United
Kingdom: Amended Final Affirmative
Antidumping Determinations for
Australia, the Republic of Korea, and
the Republic of Turkey and
Antidumping Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (the
ITC), the Department is issuing
antidumping duty orders on certain hotrolled steel flat products (hot-rolled
steel) from Australia, Brazil, Japan, the
Republic of Korea, the Netherlands, the
Republic of Turkey, and the United
Kingdom. In addition, the Department is
amending its final determinations of
sales at less-than-fair-value (LTFV) from
Australia, the Republic of Korea, and
the Republic of Turkey, as a result of
ministerial errors.
SUMMARY:
DATES:
rolling or other minor rolling operations after the
hot-rolling process for purposes of surface finish,
flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this
exclusion.
13 Ball bearing steels are defined as steels which
contain, in addition to iron, each of the following
elements by weight in the amount specified: (i) Not
less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent
of manganese; (iii) none, or not more than 0.03
percent of sulfur; (iv) none, or not more than 0.03
percent of phosphorus; (v) not less than 0.18 nor
more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii)
none, or not more than 0.28 percent of nickel; (viii)
none, or not more than 0.38 percent of copper; and
(ix) none, or not more than 0.09 percent of
molybdenum.
14 Tool steels are defined as steels which contain
the following combinations of elements in the
quantity by weight respectively indicated: (i) More
than 1.2 percent carbon and more than 10.5 percent
chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent
chromium; or (iii) not less than 0.85 percent carbon
and 1 percent to 1.8 percent, inclusive, manganese;
or (iv) 0.9 percent to 1.2 percent, inclusive,
chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi)
not less than 0.5 percent carbon and not less than
5.5 percent tungsten.
15 Silico-manganese steel is defined as steels
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
PO 00000
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Fmt 4703
Sfmt 4703
Effective October 3, 2016.
FOR FURTHER INFORMATION CONTACT:
Frances Veith at (202) 482–4295
(Australia); Peter Zukowski at (202)
482–0189 (Brazil); Myrna Lobo at (202)
482–2371 (Japan); Matthew Renkey at
(202) 482–2312 (the Republic of Korea
(Korea)); Dmitry Vladimirov at (202)
482–0665, (the Netherlands); Toni Page
at (202) 482–1398 (the Republic of
Turkey (Turkey)); and Catherine Cartsos
at (202) 482–1757 (the United
Kingdom), AD/CVD Operations,
Enforcement and Compliance, U.S.
Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(a)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.210(c), on August 4, 2016, the
Department made affirmative final
determinations in the LTFV
investigations of certain hot-rolled steel
flat from Australia, Brazil, Japan, Korea,
the Netherlands, Turkey, and the United
Kingdom. Pursuant to section 735(d) of
the Act, the Department published the
E:\FR\FM\03OCN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 67960-67962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23835]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-846, C-580-884]
Certain Hot-Rolled Steel Flat Products From Brazil and the
Republic of Korea: Amended Final Affirmative Countervailing Duty
Determinations and Countervailing 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 International Trade Commission (ITC),
the Department is issuing countervailing duty (CVD) orders on certain
hot-rolled steel flat products (hot-rolled steel) from Brazil and the
Republic of Korea (Korea). In addition, the Department is amending its
final affirmative determination with respect to Korea to correct the
rate assigned to POSCO.
DATES: Effective October 3, 2016.
FOR FURTHER INFORMATION CONTACT: Sergio Balbontin at (202) 482-6478
(Brazil); and Katie Marksberry at (202) 482-7906 (Korea); 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 section 705(a) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.210(c), on August 4, 2016, the
Department made final determinations that countervailable subsidies are
being provided to producers and exporters of hot-rolled steel from
Brazil and Korea.\1\ Pursuant to section 705(d) of the Act, the
Department published the affirmative final determinations on August 12,
2016.\2\
---------------------------------------------------------------------------
\1\ Pursuant to section 735(c)(2) of the Act, we have terminated
the countervailing duty investigation of hot-rolled steel from
Turkey because the ITC found imports subsidized by the government of
Turkey to be negligible, see Letter to Christian Marsh, Deputy
Assistant Secretary of Commerce for Enforcement and Compliance, from
Irving Williamson, Chairman of the U.S. International Trade
Commission, regarding antidumping and countervailing duty
investigations concerning imports of certain hot-rolled steel flat
products from Australia, Brazil, Japan, Korea, the Netherlands,
Turkey, and the United Kingdom (Investigation Nos. 701-TA-545-547
and 731-TA-1291-1297 (September 26, 2016) (ITC Letter).
\2\ See Countervailing Duty Investigation of Certain Hot-Rolled
Steel Flat Products from Brazil: Final Affirmative Determination,
and Final Determination of Critical Circumstances, in Part, 81 FR
53416 (August 12, 2016) (Brazil CVD Final Determination);
Countervailing Duty Investigation of Certain Hot-Rolled Steel Flat
Products from the Republic of Korea: Final Affirmative
Determination, 81 FR 53439 (August 12, 2016) (Korea CVD Final
Determination); Countervailing Duty Investigation of Certain Hot-
Rolled Steel Flat Products From the Republic of Turkey: Final
Affirmative Determination, 81 FR 53433 (August 12, 2016).
---------------------------------------------------------------------------
On August 12, 2016, Hyundai Steel and POSCO timely filed
ministerial error comments, alleging that the Department made errors in
the final determination of the CVD investigation of hot-rolled steel
from Korea. On August 17, 2016, Nucor Corporation (Petitioner) filed
rebuttal comments. We analyzed the allegations submitted by Hyundai
Steel and POSCO, and determined that one ministerial error exists, as
defined by section 705(e) of the Act and 19 CFR 351.224(f).\3\ See
``Amendment to the Korea Final Determination'' section below for
further discussion.
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\3\ See Department Memorandum regarding ``Countervailing Duty
Investigation: Certain Hot-Rolled Steel Flat Products from the
Republic of Korea: Response to Ministerial Error Comments filed by
Hyundai Steel Co., Ltd. and POSCO,'' dated August 23, 2016 (Korea
Ministerial Error Decision Memorandum).
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On September 26, 2016, the ITC notified the Department of its final
determinations that an industry in the United States is materially
injured by reason of subsidized imports of subject merchandise from
Brazil and Korea, within the meaning of section 705(b)(1)(A)(i) of the
Act and that critical circumstances do not exist with respect to
imports of subject merchandise from Brazil.\4\
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\4\ See ITC Letter.
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Scope of the Orders
The products covered by these orders are certain hot-rolled steel
flat products. For a complete description of the scope of the orders,
see Appendix I.
Amendment to the Korea CVD Final Determination
As discussed above, after analyzing the comments received from
Hyundai Steel and POSCO, we determined, in accordance with section
705(e) of the Act and 19 CFR 351.224(f), that we made a ministerial
error with regard to certain calculations in the Korea CVD Final
Determination with respect to POSCO. This amended final CVD
determination corrects these errors and revises the ad valorem subsidy
rate for POSCO to 58.68 percent (from 57.04 percent).\5\ There is no
change to the ``all others'' rate because POSCO's rate was determined
entirely under section 776 of the Act, and therefore, excluded from the
``all others'' rate calculation.
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\5\ See Korea Ministerial Error Decision Memorandum. See also
Department Memorandum regarding ``Countervailing Duty Investigation
of Certain Hot-Rolled Steel Flat Products from the Republic of
Korea: Amended Final Determination Calculation Memorandum for
POSCO,'' dated August 23, 2016.
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Countervailing Duty Orders
In accordance with sections 705(b)(1)(A)(i), and 705(d) of the Act,
the ITC has notified the Department of its final determinations that
the industry in the United States producing hot-rolled steel is
materially injured by reason of subsidized imports of hot-rolled steel
from Brazil and Korea, and that critical circumstances do not exist
with respect to imports of subject merchandise from Brazil.\6\
Therefore, in
[[Page 67961]]
accordance with section 705(c)(2) of the Act, we are publishing these
CVD orders.
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\6\ See ITC Letter.
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Brazil
As a result of the ITC's final determinations, in accordance with
section 706(a) of the Act, the Department will direct U.S. Customs and
Border Protection (CBP) to assess, upon further instruction by the
Department, countervailing duties on unliquidated entries of hot-rolled
steel from Brazil entered, or withdrawn from warehouse, for consumption
on or after January 15, 2016, the date on which the Department
published its preliminary affirmative countervailing duty
determinations in the Federal Register,\7\ and before May 14, 2016, the
date on which the Department instructed CBP to discontinue the
suspension of liquidation in accordance with section 703(d) of the Act.
Section 703(d) of the Act states that the suspension of liquidation
pursuant to a preliminary determination may not remain in effect for
more than four months. Therefore, entries of hot-rolled steel from
Brazil made on or after May 14, 2016, and prior to the date of
publication of the ITC's final determination in the Federal Register,
are not liable for assessment of countervailing duties due to the
Department's discontinuation, effective May 14, 2016, of the suspension
of liquidation.
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\7\ See Countervailing Duty Investigation of Certain Cold-Rolled
Steel Flat Products from Brazil: Preliminary Affirmative
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 81 FR 2168 (January 15, 2016)
(Brazil CVD Preliminary Determination).
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Korea
Because the Department's preliminary determination in the Korea CVD
investigation was negative, we did not instruct CBP to suspend
liquidation with regard to entries of hot-rolled steel from Korea.\8\
The Department's final determination was affirmative, and therefore, we
directed CBP to suspend liquidation.\9\ Therefore, with regard to
Korea, we will direct CBP to assess, upon further instruction by the
Department, countervailing duties on unliquidated entries of hot-rolled
steel entered, or withdrawn from warehouse, for consumption on or after
August 12, 2016, the date on which the Department published the Korea
CVD Final Determination in the Federal Register.
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\8\ See Countervailing Duty Investigation of Certain Hot-Rolled
Steel Flat Products from the Republic of Korea: Preliminary Negative
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination, 81 FR 2172 (January 15, 2016) (Korea
CVD Preliminary Determination).
\9\ See Korea CVD Final Determination, 81 FR at 53440.
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Suspension of Liquidation
In accordance with section 706 of the Act, we will direct CBP to
reinstitute the suspension of liquidation of hot-rolled steel from
Brazil effective on the date of publication of the ITC's notice of
final determinations in the Federal Register, and to continue the
suspension of liquidation of hot-rolled steel from Korea, effective on
the date of publication of the Department's notice of final
determination in the Federal Register. We will also direct CBP to
assess, upon further instruction by the Department, pursuant to section
706(a)(1) of the Act, countervailing duties for each entry of the
subject merchandise in an amount based on the net countervailable
subsidy rates for the subject merchandise.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of hot-rolled steel from Brazil, we will
instruct CBP to lift suspension and to refund any cash deposits made to
secure the payment of estimated countervailing duties with respect to
entries of the subject merchandise entered, or withdrawn from warehouse
for consumption on or after October 17, 2015 (i.e., 90 days prior to
the date of the publication of the CVD Preliminary Determination), but
before January 15, 2016 (i.e., the date of publication of the CVD
Preliminary Determination).
On or after the date of publication of the ITC's final injury
determinations in the Federal Register, CBP must require, at the same
time as importers would normally deposit estimated duties on this
merchandise, a cash deposit equal to the rates noted below:
------------------------------------------------------------------------
Subsidy
Exporter/proucer from Brazil rate
(percent)
------------------------------------------------------------------------
Companhia Siderurgica Nacional (CSN)........................ 11.30
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas)......... 11.09
All Others.................................................. 11.20
------------------------------------------------------------------------
------------------------------------------------------------------------
Subsidy
Exporter/proucer from Korea rate
(percent)
------------------------------------------------------------------------
POSCO....................................................... 58.68
Hyundai Steel Co., Ltd...................................... 3.89
All Others.................................................. 3.89
------------------------------------------------------------------------
Notifications to Interested Parties
This notice constitutes the CVD orders with respect to hot-rolled
steel from Brazil and Korea, pursuant to section 706(a) of the Act.
Interested parties can find a list of countervailing duty orders
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
These orders are issued and published in accordance with section
706(a) of the Act and 19 CFR 351.211(b).
Dated: September 27, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
The products covered by this order are certain hot-rolled, flat-
rolled steel products, with or without patterns in relief, and
whether or not annealed, painted, varnished, or coated with plastics
or other non-metallic substances. The products covered do not
include those that are clad, plated, or coated with metal. The
products covered include coils that have a width or other lateral
measurement (``width'') of 12.7 mm or greater, regardless of
thickness, and regardless of form of coil (e.g., in successively
superimposed layers, spirally oscillating, etc.). The products
covered also include products not in coils (e.g., in straight
lengths) of a thickness of less than 4.75 mm and a width that is
12.7 mm or greater and that measures at least 10 times the
thickness. The products described above may be rectangular, square,
circular, or other shape and include products of either rectangular
or non-rectangular cross-section where such cross-section is achieve
subsequent to the rolling process, i.e., products which have been
``worked after rolling'' (e.g., products which have been beveled or
rounded at the edges). For purposes of the width and thickness
requirements referenced above:
(1) Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above unless the resulting measurement makes the product
covered by the existing antidumping \10\ or countervailing duty \11\
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products
From the Republic of Korea (A-580-836; C-580-837), and
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\10\ See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products From France, India,
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585
(February 10, 2000).
\11\ See Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate From India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate From France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000).
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(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
[[Page 67962]]
Steel products included in the scope of this order are products
in which: (1) Iron predominates, by weight, over each of the other
contained elements; (2) the carbon content is 2 percent or less, by
weight; and (3) none of the elements listed below exceeds the
quantity, by weight, respectively indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.00 percent of nickel, or
0.30 percent of tungsten, or
0.80 percent of molybdenum, or
0.10 percent of niobium, or
0.30 percent of vanadium, or
0.30 percent of zirconium.
Unless specifically excluded, products are included in this
scope regardless of levels of boron and titanium.
For example, specifically included in this scope are vacuum
degassed, fully stabilized (commonly referred to as interstitial-
free (IF)) steels, high strength low alloy (HSLA) steels, the
substrate for motor lamination steels, Advanced High Strength Steels
(AHSS), and Ultra High Strength Steels (UHSS). IF steels are
recognized as low carbon steels with micro-alloying levels of
elements such as titanium and/or niobium added to stabilize carbon
and nitrogen elements. HSLA steels are recognized as steels with
micro-alloying levels of elements such as chromium, copper, niobium,
titanium, vanadium, and molybdenum. The substrate for motor
lamination steels contains micro-alloying levels of elements such as
silicon and aluminum. AHSS and UHSS are considered high tensile
strength and high elongation steels, although AHSS and UHSS are
covered whether or not they are high tensile strength or high
elongation steels.
Subject merchandise includes hot-rolled steel that has been
further processed in a third country, including but not limited to
pickling, oiling, levelling, annealing, tempering, temper rolling,
skin passing, painting, varnishing, trimming, cutting, punching,
and/or slitting, or any other processing that would not otherwise
remove the merchandise from the scope of the orders if performed in
the country of manufacture of the hot-rolled steel.
All products that meet the written physical description, and in
which the chemistry quantities do not exceed any one of the noted
element levels listed above, are within the scope of these orders
unless specifically excluded. The following products are outside of
and/or specifically excluded from the scope of this order:
Universal mill plates (i.e., hot-rolled, flat-rolled
products not in coils that have been rolled on four faces or in a
closed box pass, of a width exceeding 150 mm but not exceeding 1250
mm, of a thickness not less than 4.0 mm, and without patterns in
relief);
Products that have been cold-rolled (cold-reduced)
after hot-rolling; \12\
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\12\ For purposes of this scope exclusion, rolling operations
such as a skin pass, levelling, temper rolling or other minor
rolling operations after the hot-rolling process for purposes of
surface finish, flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this exclusion.
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Ball bearing steels; \13\
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\13\ Ball bearing steels are defined as steels which contain, in
addition to iron, each of the following elements by weight in the
amount specified: (i) Not less than 0.95 nor more than 1.13 percent
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv)
none, or not more than 0.03 percent of phosphorus; (v) not less than
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25
nor more than 1.65 percent of chromium; (vii) none, or not more than
0.28 percent of nickel; (viii) none, or not more than 0.38 percent
of copper; and (ix) none, or not more than 0.09 percent of
molybdenum.
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Tool steels; \14\ and
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\14\ Tool steels are defined as steels which contain the
following combinations of elements in the quantity by weight
respectively indicated: (i) More than 1.2 percent carbon and more
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent chromium; or
(iii) not less than 0.85 percent carbon and 1 percent to 1.8
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent,
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon and not less
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent
carbon and not less than 5.5 percent tungsten.
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Silico-manganese steels; \15\
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\15\ Silico-manganese steel is defined as steels containing by
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or
more but not more than 1.9 percent of manganese, and (iii) 0.6
percent or more but not more than 2.3 percent of silicon.
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The products subject to this order are currently classified in
the Harmonized Tariff Schedule of the United States (``HTSUS'')
under item numbers: 7208.10.1500, 7208.10.3000, 7208.10.6000,
7208.25.3000, 7208.25.6000, 7208.26.0030, 7208.26.0060,
7208.27.0030, 7208.27.0060, 7208.36.0030, 7208.36.0060,
7208.37.0030, 7208.37.0060, 7208.38.0015, 7208.38.0030,
7208.38.0090, 7208.39.0015, 7208.39.0030, 7208.39.0090,
7208.40.6030, 7208.40.6060, 7208.53.0000, 7208.54.0000,
7208.90.0000, 7210.70.3000, 7211.14.0030, 7211.14.0090,
7211.19.1500, 7211.19.2000, 7211.19.3000, 7211.19.4500,
7211.19.6000, 7211.19.7530, 7211.19.7560, 7211.19.7590,
7225.11.0000, 7225.19.0000, 7225.30.3050, 7225.30.7000,
7225.40.7000, 7225.99.0090, 7226.11.1000, 7226.11.9030,
7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.5000,
7226.91.7000, and 7226.91.8000. The products subject to the order
may also enter under the following HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.91.0015, 7214.91.0060, 7214.91.0090, 7214.99.0060,
7214.99.0075, 7214.99.0090, 7215.90.5000, 7226.99.0180, and
7228.60.6000.
The HTSUS subheadings above are provided for convenience and
U.S. Customs purposes only. The written description of the scope of
the order is dispositive.
[FR Doc. 2016-23835 Filed 9-30-16; 8:45 am]
BILLING CODE 3510-DS-P
