Stainless Steel Sheet and Strip in Coils From the Republic of Korea: Final Results of Expedited Sunset Review of the Countervailing Duty Order, 78111-78113 [2016-26850]
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Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Notices
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determination on the ground that the
determination is erroneous.
Description of Certified Content
NFE’s Export Trade Certificate of
Review has been amended to:
1. Add the following companies as
new Members of the Certificate within
the meaning of section 325.2(l) of the
Regulations (15 CFR 325.2(l)), for Export
Trade Activities and Methods of
Operation relating to apples (A):
a. Legacy Fruit Packers LLC—Wapato,
WA
2. Remove the following companies as
Members of the Certificate:
a. Garrett Ranches Packing—Wilder, ID
b. Ron Lefore d/b/a LeFore Apple
Farms—Milton-Freewater, OR
3. Change the product listing for the
following existing Members:
a. From pears (P) to apples and pears
(A,P) for Underwood Fruit &
Warehouse Co.—Bingen, WA
4. Update the city listing for the
following existing Members:
a. Remove Brewster, WA from Custom
Apple Packers, Inc.
b. Change location of L&M Companies
from Selah to Union Gap, WA
NFE’s amendment of its Export Trade
Certificate of Review results in the
following membership list:
1. Allan Bros., Naches, WA
2. AltaFresh L.L.C. dba Chelan Fresh
Marketing, Chelan, WA
3. Apple House Warehouse & Storage,
Inc., Brewster, WA
4. Apple King, L.L.C., Yakima, WA
5. Auvil Fruit Co., Inc., Orondo, WA
6. Baker Produce, Inc., Kennewick, WA
7. Blue Bird, Inc., Peshastin, WA
8. Blue Star Growers, Inc., Cashmere,
WA
9. Borton & Sons, Inc., Yakima, WA
10. Brewster Heights Packing &
Orchards, LP, Brewster, WA
11. Broetje Orchards LLC, Prescott, WA
12. C.M. Holtzinger Fruit Co., Inc.,
Yakima, WA
13. Chelan Fruit Cooperative, Chelan,
WA
14. Chiawana, Inc. dba Columbia Reach
Pack, Yakima, WA
15. Columbia Fruit Packers, Inc.,
Wenatchee, WA
16. Columbia Fruit Packers/Airport
Division, Wenatchee, WA
17. Columbia Marketing International
Corp., Wenatchee, WA
18. Columbia Valley Fruit, L.L.C.,
Yakima, WA
19. Congdon Packing Co. L.L.C.,
Yakima, WA
20. Conrad & Adams Fruit L.L.C.,
Grandview, WA
21. Cowiche Growers, Inc., Cowiche,
WA
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16:02 Nov 04, 2016
Jkt 241001
22. CPC International Apple Company,
Tieton, WA
23. Crane & Crane, Inc., Brewster, WA
24. Custom Apple Packers, Inc., Quincy,
and Wenatchee, WA
25. Diamond Fruit Growers, Odell, OR
26. Domex Superfresh Growers LLC,
Yakima, WA
27. Douglas Fruit Company, Inc., Pasco,
WA
28. Dovex Export Company, Wenatchee,
WA
29. Duckwall Fruit, Odell, OR
30. E. Brown & Sons, Inc., MiltonFreewater, OR
31. Evans Fruit Co., Inc., Yakima, WA
32. E.W. Brandt & Sons, Inc., Parker,
WA
33. Frosty Packing Co., LLC, Yakima,
WA
34. G&G Orchards, Inc., Yakima, WA
35. Gilbert Orchards, Inc., Yakima, WA
36. Gold Digger Apples, Inc., Oroville,
WA
37. Hansen Fruit & Cold Storage Co.,
Inc., Yakima, WA
38. Henggeler Packing Co., Inc.,
Fruitland, ID
39. Highland Fruit Growers, Inc.,
Yakima, WA
40. HoneyBear Growers, Inc., Brewster,
WA
41. Honey Bear Tree Fruit Co., LLC,
Wenatchee, WA
42. Hood River Cherry Company, Hood
River, OR
43. Ice Lakes LLC, East Wenatchee, WA
44. JackAss Mt. Ranch, Pasco, WA
45. Jenks Bros Cold Storage & Packing
Royal City, WA
46. Kershaw Fruit & Cold Storage, Co.,
Yakima, WA
47. L&M Companies, Union Gap, WA
48. Larson Fruit Co., Selah, WA
49. Legacy Fruit Packers LLC, Wapato,
WA
50. Manson Growers Cooperative,
Manson, WA
51. Matson Fruit Company, Selah, WA
52. McDougall & Sons, Inc., Wenatchee,
WA
53. Monson Fruit Co. Selah, WA
54. Morgan’s of Washington dba Double
Diamond Fruit, Quincy, WA
55. Naumes, Inc., Medford, OR
56. Northern Fruit Company, Inc.,
Wenatchee, WA
57. Olympic Fruit Co., Moxee, WA
58. Oneonta Trading Corp., Wenatchee,
WA
59. Orchard View Farms, Inc., The
Dalles, OR
60. Pacific Coast Cherry Packers, LLC,
Yakima, WA
61. Peshastin Hi-Up Growers, Peshastin,
WA
62. Phillippi Fruit Company, Inc.,
Wenatchee, WA
63. Piepel Premium Fruit Packing LLC,
East Wenatchee, WA
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78111
64. Polehn Farm’s Inc., The Dalles, OR
65. Price Cold Storage & Packing Co.,
Inc., Yakima, WA
66. Pride Packing Company, Wapato,
WA
67. Quincy Fresh Fruit Co., Quincy, WA
68. Rainier Fruit Company, Selah, WA
69. Roche Fruit, Ltd., Yakima, WA
70. Sage Fruit Company, L.L.C., Yakima,
WA
71. Smith & Nelson, Inc., Tonasket, WA
72. Stadelman Fruit, L.L.C., MiltonFreewater, OR, and Zillah, WA
73. Stemilt Growers, LLC, Wenatchee,
WA
74. Strand Apples, Inc., Cowiche, WA
75. Symms Fruit Ranch, Inc., Caldwell,
ID
76. The Dalles Fruit Company, LLC,
Dallesport, WA
77. Underwood Fruit & Warehouse Co.,
Bingen, WA
78. Valicoff Fruit Co., Inc., Wapato, WA
79. Valley Fruit III L.L.C., Wapato, WA
80. Washington Cherry Growers,
Peshastin, WA
81. Washington Fruit & Produce Co.,
Yakima, WA
82. Western Sweet Cherry Group, LLC,
Yakima, WA
83. Western Traders LLC, E. Wenatchee,
WA
84. Whitby Farms, Inc. dba: Farm Boy
Fruit Snacks LLC, Mesa, WA
85. Yakima Fresh, Yakima, WA
86. Yakima Fruit & Cold Storage Co.,
Yakima, WA
87. Zirkle Fruit Company, Selah, WA
The effective date of the amendment
is July 25, 2016, the date on which
NFE’s application to amend was
deemed submitted.
Dated: October 26, 2016.
Joseph E. Flynn,
Director, Office of Trade and Economic
Analysis, International Trade Administration.
[FR Doc. 2016–26833 Filed 11–4–16; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–835]
Stainless Steel Sheet and Strip in Coils
From the Republic of Korea: Final
Results of Expedited Sunset Review of
the Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(the Department) finds that revocation
of the countervailing duty (CVD) order
on stainless steel sheet and strip in coils
(sheet and strip) from the Republic of
SUMMARY:
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Korea (Korea) would likely lead to the
continuation or recurrence of a
countervailable subsidy at the levels
indicated in the Final Results of Review
section of this notice.
DATES: Effective November 7, 2016.
FOR FURTHER INFORMATION CONTACT: John
Conniff, Office III, AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1009.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GMQ082PROD with NOTICES
Background
On July 1, 2016, the Department
initiated this third sunset review of the
CVD order 1 on sheet and strip from
Korea pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the
Act).2 The Department received a notice
of intent to participate from Allegheny
Ludlum, LLC d/b/a ATI Flat Rolled
Products (ATI) and Outokumpu
Stainless USA LLC (Outokumpu)
(together, domestic interested parties),
within the deadline specified in 19 CFR
351.218(d)(1)(i). The domestic
interested parties claimed interested
party status under section 771(9)(C) of
the Act as domestic producers of sheet
and strip in the United States.
The Department received an adequate
substantive response from the domestic
interested parties within the 30-day
deadline specified in 19 CFR
351.218(d)(3)(i). However, the
Department did not receive a
substantive response from any
government or respondent interested
party to this proceeding. As a result,
pursuant to section 751(c)(3)(B) of the
Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
the Department conducted an expedited
review of the CVD order.
Scope of the Order
The merchandise subject to the CVD
order consists of stainless steel sheet
and strip in coils from Korea. Stainless
steel is alloy steel containing, by weight,
1.2 percent or less of carbon and 10.5
percent or more of chromium, with or
without other elements. The subject
sheet and strip is a flat-rolled product in
coils that is greater than 9.5 mm in
width and less than 4.75 mm in
thickness, and that is annealed or
otherwise heat treated and pickled or
1 See Amended Final Determination: Stainless
Steel Sheet and Strip in Coils from the Republic of
Korea; and Notice of Countervailing Duty Orders:
Stainless Steel Sheet and Strip in Coils from France,
Italy, and the Republic of Korea, 64 FR 42923
(August 6, 1999) (Order).
2 See Initiation of Five-Year (Sunset) Review, 81
FR 43185 (July 1, 2016).
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otherwise descaled. The subject sheet
and strip may also be further processed
(e.g., cold-rolled, polished, aluminized,
coated, etc.) provided that it maintains
the specific dimensions of sheet and
strip following such processing.
The merchandise subject to the order
is classified in the Harmonized Tariff
Schedule of the United States (HTS) at
subheadings: 7219.13.00.30,
7219.13.00.50, 7219.13.00.70,
7219.13.00.80, 7219.14.00.30,
7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20,
7219.32.00.25, 7219.32.00.35,
7219.32.00.36, 7219.32.00.38,
7219.32.00.42, 7219.32.00.44,
7219.33.00.05, 7219.33.00.20,
7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38,
7219.33.00.42, 7219.33.00.44,
7219.34.00.05, 7219.34.00.20,
7219.34.00.25, 7219.34.00.30,
7219.34.00.35, 7219.35.00.05,
7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10,
7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80,
7220.12.10.00, 7220.12.50.00,
7220.20.10.10, 7220.20.10.15,
7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10,
7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.20.70.05,
7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80,
7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, and
7220.90.00.80.
Although the HTS subheadings are
provided for convenience and customs
purposes, the Department’s written
description of the merchandise subject
to the order is dispositive.
Excluded from the scope of the order
are the following: (1) Sheet and strip
that is not annealed or otherwise heat
treated and pickled or otherwise
descaled, (2) sheet and strip that is cut
to length, (3) plate (i.e., flat-rolled
stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e.,
cold-rolled sections, with a prepared
edge, rectangular in shape, of a width of
not more than 9.5 mm), and (5) razor
blade steel. Razor blade steel is a flatrolled product of stainless steel, not
further worked than cold-rolled (coldreduced), in coils, of a width of not
more than 23 mm and a thickness of
0.266 mm or less, containing, by weight,
12.5 to 14.5 percent chromium, and
certified at the time of entry to be used
in the manufacture of razor blades. See
Chapter 72 of the HTS, ‘‘Additional U.S.
Note’’ 1(d).
In response to comments by interested
parties, the Department determined that
PO 00000
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Fmt 4703
Sfmt 4703
certain specialty stainless steel products
are also excluded from the scope of the
order. These excluded products are
described below.
Flapper valve steel is defined as
stainless steel strip in coils containing,
by weight, between 0.37 and 0.43
percent carbon, between 1.15 and 1.35
percent molybdenum, and between 0.20
and 0.80 percent manganese. This steel
also contains, by weight, phosphorus of
0.025 percent or less, silicon of between
0.20 and 0.50 percent, and sulfur of
0.020 percent or less. The product is
manufactured by means of vacuum arc
remelting, with inclusion controls for
sulphide of no more than 0.04 percent
and for oxide of no more than 0.05
percent. Flapper valve steel has a tensile
strength of between 210 and 300 ksi,
yield strength of between 170 and 270
ksi, plus or minus 8 ksi, and a hardness
(Hv) of between 460 and 590. Flapper
valve steel is most commonly used to
produce specialty flapper valves in
compressors.
Also excluded is a product referred to
as suspension foil, a specialty steel
product used in the manufacture of
suspension assemblies for computer
disk drives. Suspension foil is described
as 302/304 grade or 202 grade stainless
steel of a thickness between 14 and 127
microns, with a thickness tolerance of
plus-or-minus 2.01 microns, and surface
glossiness of 200 to 700 percent Gs.
Suspension foil must be supplied in coil
widths of not more than 407 mm, and
with a mass of 225 kg or less. Roll marks
may only be visible on one side, with
no scratches of measurable depth. The
material must exhibit residual stresses
of 2 mm maximum deflection, and
flatness of 1.6 mm over 685 mm length.
Certain stainless steel foil for
automotive catalytic converters is also
excluded from the scope of the order.
This stainless steel strip in coils is a
specialty foil with a thickness of
between 20 and 110 microns used to
produce a metallic substrate with a
honeycomb structure for use in
automotive catalytic converters. The
steel contains, by weight, carbon of no
more than 0.030 percent, silicon of no
more than 1.0 percent, manganese of no
more than 1.0 percent, chromium of
between 19 and 22 percent, aluminum
of no less than 5.0 percent, phosphorus
of no more than 0.045 percent, sulfur of
no more than 0.03 percent, lanthanum
of less than 0.002 or greater than 0.05
percent, and total rare earth elements of
more than 0.06 percent, with the
balance iron.
Permanent magnet iron-chromiumcobalt alloy stainless strip is also
excluded from the scope of the order.
This ductile stainless steel strip
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contains, by weight, 26 to 30 percent
chromium, and 7 to 10 percent cobalt,
with the remainder of iron, in widths
228.6 mm or less, and a thickness
between 0.127 and 1.270 mm. It exhibits
magnetic remanence between 9,000 and
12,000 gauss, and a coercivity of
between 50 and 300 oersteds. This
product is most commonly used in
electronic sensors and is currently
available under proprietary trade names
such as ‘‘Arnokrome III.’’ 3
Certain electrical resistance alloy steel
is also excluded from the scope of the
order. This product is defined as a nonmagnetic stainless steel manufactured to
American Society of Testing and
Materials (ASTM) specification B344
and containing, by weight, 36 percent
nickel, 18 percent chromium, and 46
percent iron, and is most notable for its
resistance to high temperature
corrosion. It has a melting point of 1390
degrees Celsius and displays a creep
rupture limit of 4 kilograms per square
millimeter at 1000 degrees Celsius. This
steel is most commonly used in the
production of heating ribbons for circuit
breakers and industrial furnaces, and in
rheostats for railway locomotives. The
product is currently available under
proprietary trade names such as ‘‘Gilphy
36.’’ 4
Certain martensitic precipitationhardenable stainless steel is also
excluded from the scope of the order.
This high-strength, ductile stainless
steel product is designated under the
Unified Numbering System (UNS) as
S45500-grade steel, and contains, by
weight, 11 to 13 percent chromium, and
7 to 10 percent nickel. Carbon,
manganese, silicon and molybdenum
each comprise, by weight, 0.05 percent
or less, with phosphorus and sulfur
each comprising, by weight, 0.03
percent or less. This steel has copper,
niobium, and titanium added to achieve
aging, and will exhibit yield strengths as
high as 1700 Mpa and ultimate tensile
strengths as high as 1750 Mpa after
aging, with elongation percentages of 3
percent or less in 50 mm. It is generally
provided in thicknesses between 0.635
and 0.787 mm, and in widths of 25.4
mm. This product is most commonly
used in the manufacture of television
tubes and is currently available under
proprietary trade names such as
‘‘Durphynox 17.’’ 5
Finally, three specialty stainless steels
typically used in certain industrial
blades and surgical and medical
instruments are also excluded from the
3 ‘‘Arnokrome
III’’ is a trademark of the Arnold
Engineering Company.
4 ‘‘Gilphy 36’’ is a trademark of Imphy, S.A.
5 ‘‘Durphynox 17’’ is a trademark of Imphy, S.A.
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16:02 Nov 04, 2016
Jkt 241001
scope of the order. These include
stainless steel strip in coils used in the
production of textile cutting tools (e.g.,
carpet knives).6 This steel is similar to
AISI grade 420 but containing, by
weight, 0.5 to 0.7 percent of
molybdenum. The steel also contains,
by weight, carbon of between 1.0 and
1.1 percent, sulfur of 0.020 percent or
less, and includes between 0.20 and
0.30 percent copper and between 0.20
and 0.50 percent cobalt. This steel is
sold under proprietary names such as
‘‘GIN4 Mo.’’ The second excluded
stainless steel strip in coils is similar to
AISI 420–J2 and contains, by weight,
carbon of between 0.62 and 0.70
percent, silicon of between 0.20 and
0.50 percent, manganese of between
0.45 and 0.80 percent, phosphorus of no
more than 0.025 percent and sulfur of
no more than 0.020 percent. This steel
has a carbide density on average of 100
carbide particles per 100 square
microns. An example of this product is
‘‘GIN5’’ steel. The third specialty steel
has a chemical composition similar to
AISI 420 F, with carbon of between 0.37
and 0.43 percent, molybdenum of
between 1.15 and 1.35 percent, but
lower manganese of between 0.20 and
0.80 percent, phosphorus of no more
than 0.025 percent, silicon of between
0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product
is supplied with a hardness of more
than Hv 500 guaranteed after customer
processing, and is supplied as, for
example, ‘‘GIN6.’’ 7
Analysis of Comments Received
All issues raised in this review are
addressed in the Issues and Decision
Memorandum, which is dated
concurrently with and adopted by this
notice.8 The issues discussed in the
Issues and Decision Memorandum
include the likelihood of continuation
or recurrence of a countervailable
subsidy and the net countervailable
subsidy likely to prevail if the Order
were revoked. Parties can find a
complete discussion of all issues raised
in this expedited sunset review and the
corresponding recommendations in this
public memorandum, which is on file
electronically via the Enforcement and
6 This list of uses is illustrative and provided for
descriptive purposes only.
7 ‘‘GIN4 Mo,’’ ‘‘GIN5,’’ and ‘‘GIN6’’ are the
proprietary grades of Hitachi Metals America, Ltd.
8 See Memorandum from Christian Marsh, Deputy
Assistant Secretary for Enforcement and
Compliance, to Paul Piquado, Assistant Secretary
for Enforcement and Compliance regarding: ‘‘Issues
and Decision Memorandum for the Final Results of
Expedited Sunset Review of the Countervailing
Duty Order on Stainless Steel Sheet and Strip in
Coils from the Republic of Korea,’’ dated
concurrently with this notice.
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78113
Compliance Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov and to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
The signed Issues and Decision
Memorandum and the electronic
versions of the Issues and Decision
Memorandum are identical in content.
Final Results of Review
Pursuant to sections 752(b)(1) and (3)
of the Act, we determine that revocation
of the Order on sheet and strip from
Korea would be likely to lead to
continuation or recurrence of a net
countervailable subsidy at the rates
listed below: 9
Manufacturers/producers/
exporters
Net
countervailable
subsidy rate
(percent)
INI/BNG (formerly Inchon
and now known as
Hyundai) ............................
DMC .....................................
Taihan ...................................
All-Others ..............................
0.54
0.67
4.64
0.63
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
The Department is issuing and
publishing these final results and this
notice in accordance with sections
751(c), 752(b), and 777(i)(1) of the Act
and 19 CFR 351.218(e)(ii)(c)(2).
Dated: October 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2016–26850 Filed 11–4–16; 8:45 am]
BILLING CODE 3510–DS–P
9 Id.
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Agencies
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Notices]
[Pages 78111-78113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26850]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-835]
Stainless Steel Sheet and Strip in Coils From the Republic of
Korea: Final Results of Expedited Sunset Review of the Countervailing
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) finds that
revocation of the countervailing duty (CVD) order on stainless steel
sheet and strip in coils (sheet and strip) from the Republic of
[[Page 78112]]
Korea (Korea) would likely lead to the continuation or recurrence of a
countervailable subsidy at the levels indicated in the Final Results of
Review section of this notice.
DATES: Effective November 7, 2016.
FOR FURTHER INFORMATION CONTACT: John Conniff, Office III, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1009.
SUPPLEMENTARY INFORMATION:
Background
On July 1, 2016, the Department initiated this third sunset review
of the CVD order \1\ on sheet and strip from Korea pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ The
Department received a notice of intent to participate from Allegheny
Ludlum, LLC d/b/a ATI Flat Rolled Products (ATI) and Outokumpu
Stainless USA LLC (Outokumpu) (together, domestic interested parties),
within the deadline specified in 19 CFR 351.218(d)(1)(i). The domestic
interested parties claimed interested party status under section
771(9)(C) of the Act as domestic producers of sheet and strip in the
United States.
---------------------------------------------------------------------------
\1\ See Amended Final Determination: Stainless Steel Sheet and
Strip in Coils from the Republic of Korea; and Notice of
Countervailing Duty Orders: Stainless Steel Sheet and Strip in Coils
from France, Italy, and the Republic of Korea, 64 FR 42923 (August
6, 1999) (Order).
\2\ See Initiation of Five-Year (Sunset) Review, 81 FR 43185
(July 1, 2016).
---------------------------------------------------------------------------
The Department received an adequate substantive response from the
domestic interested parties within the 30-day deadline specified in 19
CFR 351.218(d)(3)(i). However, the Department did not receive a
substantive response from any government or respondent interested party
to this proceeding. As a result, pursuant to section 751(c)(3)(B) of
the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an
expedited review of the CVD order.
Scope of the Order
The merchandise subject to the CVD order consists of stainless
steel sheet and strip in coils from Korea. Stainless steel is alloy
steel containing, by weight, 1.2 percent or less of carbon and 10.5
percent or more of chromium, with or without other elements. The
subject sheet and strip is a flat-rolled product in coils that is
greater than 9.5 mm in width and less than 4.75 mm in thickness, and
that is annealed or otherwise heat treated and pickled or otherwise
descaled. The subject sheet and strip may also be further processed
(e.g., cold-rolled, polished, aluminized, coated, etc.) provided that
it maintains the specific dimensions of sheet and strip following such
processing.
The merchandise subject to the order is classified in the
Harmonized Tariff Schedule of the United States (HTS) at subheadings:
7219.13.00.30, 7219.13.00.50, 7219.13.00.70, 7219.13.00.80,
7219.14.00.30, 7219.14.00.65, 7219.14.00.90, 7219.32.00.05,
7219.32.00.20, 7219.32.00.25, 7219.32.00.35, 7219.32.00.36,
7219.32.00.38, 7219.32.00.42, 7219.32.00.44, 7219.33.00.05,
7219.33.00.20, 7219.33.00.25, 7219.33.00.35, 7219.33.00.36,
7219.33.00.38, 7219.33.00.42, 7219.33.00.44, 7219.34.00.05,
7219.34.00.20, 7219.34.00.25, 7219.34.00.30, 7219.34.00.35,
7219.35.00.05, 7219.35.00.15, 7219.35.00.30, 7219.35.00.35,
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.12.10.00, 7220.12.50.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05,
7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80,
7220.20.70.05, 7220.20.70.10, 7220.20.70.15, 7220.20.70.60,
7220.20.70.80, 7220.20.80.00, 7220.20.90.30, 7220.20.90.60,
7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and 7220.90.00.80.
Although the HTS subheadings are provided for convenience and
customs purposes, the Department's written description of the
merchandise subject to the order is dispositive.
Excluded from the scope of the order are the following: (1) Sheet
and strip that is not annealed or otherwise heat treated and pickled or
otherwise descaled, (2) sheet and strip that is cut to length, (3)
plate (i.e., flat-rolled stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a
prepared edge, rectangular in shape, of a width of not more than 9.5
mm), and (5) razor blade steel. Razor blade steel is a flat-rolled
product of stainless steel, not further worked than cold-rolled (cold-
reduced), in coils, of a width of not more than 23 mm and a thickness
of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent
chromium, and certified at the time of entry to be used in the
manufacture of razor blades. See Chapter 72 of the HTS, ``Additional
U.S. Note'' 1(d).
In response to comments by interested parties, the Department
determined that certain specialty stainless steel products are also
excluded from the scope of the order. These excluded products are
described below.
Flapper valve steel is defined as stainless steel strip in coils
containing, by weight, between 0.37 and 0.43 percent carbon, between
1.15 and 1.35 percent molybdenum, and between 0.20 and 0.80 percent
manganese. This steel also contains, by weight, phosphorus of 0.025
percent or less, silicon of between 0.20 and 0.50 percent, and sulfur
of 0.020 percent or less. The product is manufactured by means of
vacuum arc remelting, with inclusion controls for sulphide of no more
than 0.04 percent and for oxide of no more than 0.05 percent. Flapper
valve steel has a tensile strength of between 210 and 300 ksi, yield
strength of between 170 and 270 ksi, plus or minus 8 ksi, and a
hardness (Hv) of between 460 and 590. Flapper valve steel is most
commonly used to produce specialty flapper valves in compressors.
Also excluded is a product referred to as suspension foil, a
specialty steel product used in the manufacture of suspension
assemblies for computer disk drives. Suspension foil is described as
302/304 grade or 202 grade stainless steel of a thickness between 14
and 127 microns, with a thickness tolerance of plus-or-minus 2.01
microns, and surface glossiness of 200 to 700 percent Gs. Suspension
foil must be supplied in coil widths of not more than 407 mm, and with
a mass of 225 kg or less. Roll marks may only be visible on one side,
with no scratches of measurable depth. The material must exhibit
residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm
over 685 mm length.
Certain stainless steel foil for automotive catalytic converters is
also excluded from the scope of the order. This stainless steel strip
in coils is a specialty foil with a thickness of between 20 and 110
microns used to produce a metallic substrate with a honeycomb structure
for use in automotive catalytic converters. The steel contains, by
weight, carbon of no more than 0.030 percent, silicon of no more than
1.0 percent, manganese of no more than 1.0 percent, chromium of between
19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of
no more than 0.045 percent, sulfur of no more than 0.03 percent,
lanthanum of less than 0.002 or greater than 0.05 percent, and total
rare earth elements of more than 0.06 percent, with the balance iron.
Permanent magnet iron-chromium-cobalt alloy stainless strip is also
excluded from the scope of the order. This ductile stainless steel
strip
[[Page 78113]]
contains, by weight, 26 to 30 percent chromium, and 7 to 10 percent
cobalt, with the remainder of iron, in widths 228.6 mm or less, and a
thickness between 0.127 and 1.270 mm. It exhibits magnetic remanence
between 9,000 and 12,000 gauss, and a coercivity of between 50 and 300
oersteds. This product is most commonly used in electronic sensors and
is currently available under proprietary trade names such as
``Arnokrome III.'' \3\
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\3\ ``Arnokrome III'' is a trademark of the Arnold Engineering
Company.
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Certain electrical resistance alloy steel is also excluded from the
scope of the order. This product is defined as a non-magnetic stainless
steel manufactured to American Society of Testing and Materials (ASTM)
specification B344 and containing, by weight, 36 percent nickel, 18
percent chromium, and 46 percent iron, and is most notable for its
resistance to high temperature corrosion. It has a melting point of
1390 degrees Celsius and displays a creep rupture limit of 4 kilograms
per square millimeter at 1000 degrees Celsius. This steel is most
commonly used in the production of heating ribbons for circuit breakers
and industrial furnaces, and in rheostats for railway locomotives. The
product is currently available under proprietary trade names such as
``Gilphy 36.'' \4\
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\4\ ``Gilphy 36'' is a trademark of Imphy, S.A.
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Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of the order. This high-strength, ductile
stainless steel product is designated under the Unified Numbering
System (UNS) as S45500-grade steel, and contains, by weight, 11 to 13
percent chromium, and 7 to 10 percent nickel. Carbon, manganese,
silicon and molybdenum each comprise, by weight, 0.05 percent or less,
with phosphorus and sulfur each comprising, by weight, 0.03 percent or
less. This steel has copper, niobium, and titanium added to achieve
aging, and will exhibit yield strengths as high as 1700 Mpa and
ultimate tensile strengths as high as 1750 Mpa after aging, with
elongation percentages of 3 percent or less in 50 mm. It is generally
provided in thicknesses between 0.635 and 0.787 mm, and in widths of
25.4 mm. This product is most commonly used in the manufacture of
television tubes and is currently available under proprietary trade
names such as ``Durphynox 17.'' \5\
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\5\ ``Durphynox 17'' is a trademark of Imphy, S.A.
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Finally, three specialty stainless steels typically used in certain
industrial blades and surgical and medical instruments are also
excluded from the scope of the order. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
carpet knives).\6\ This steel is similar to AISI grade 420 but
containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also
contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of
0.020 percent or less, and includes between 0.20 and 0.30 percent
copper and between 0.20 and 0.50 percent cobalt. This steel is sold
under proprietary names such as ``GIN4 Mo.'' The second excluded
stainless steel strip in coils is similar to AISI 420-J2 and contains,
by weight, carbon of between 0.62 and 0.70 percent, silicon of between
0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent,
phosphorus of no more than 0.025 percent and sulfur of no more than
0.020 percent. This steel has a carbide density on average of 100
carbide particles per 100 square microns. An example of this product is
``GIN5'' steel. The third specialty steel has a chemical composition
similar to AISI 420 F, with carbon of between 0.37 and 0.43 percent,
molybdenum of between 1.15 and 1.35 percent, but lower manganese of
between 0.20 and 0.80 percent, phosphorus of no more than 0.025
percent, silicon of between 0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product is supplied with a hardness of
more than Hv 500 guaranteed after customer processing, and is supplied
as, for example, ``GIN6.'' \7\
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\6\ This list of uses is illustrative and provided for
descriptive purposes only.
\7\ ``GIN4 Mo,'' ``GIN5,'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
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Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum, which is dated concurrently with and adopted by
this notice.\8\ The issues discussed in the Issues and Decision
Memorandum include the likelihood of continuation or recurrence of a
countervailable subsidy and the net countervailable subsidy likely to
prevail if the Order were revoked. Parties can find a complete
discussion of all issues raised in this expedited sunset review and the
corresponding recommendations in this public memorandum, which is on
file electronically via the Enforcement and Compliance Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov and
to all parties in the Central Records Unit, Room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly on the Internet
at https://enforcement.trade.gov/frn/. The signed Issues and
Decision Memorandum and the electronic versions of the Issues and
Decision Memorandum are identical in content.
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\8\ See Memorandum from Christian Marsh, Deputy Assistant
Secretary for Enforcement and Compliance, to Paul Piquado, Assistant
Secretary for Enforcement and Compliance regarding: ``Issues and
Decision Memorandum for the Final Results of Expedited Sunset Review
of the Countervailing Duty Order on Stainless Steel Sheet and Strip
in Coils from the Republic of Korea,'' dated concurrently with this
notice.
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Final Results of Review
Pursuant to sections 752(b)(1) and (3) of the Act, we determine
that revocation of the Order on sheet and strip from Korea would be
likely to lead to continuation or recurrence of a net countervailable
subsidy at the rates listed below: \9\
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\9\ Id.
------------------------------------------------------------------------
Net
countervailable
Manufacturers/producers/ exporters subsidy rate
(percent)
------------------------------------------------------------------------
INI/BNG (formerly Inchon and now known as Hyundai)..... 0.54
DMC.................................................... 0.67
Taihan................................................. 4.64
All-Others............................................. 0.63
------------------------------------------------------------------------
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of return/destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
The Department is issuing and publishing these final results and
this notice in accordance with sections 751(c), 752(b), and 777(i)(1)
of the Act and 19 CFR 351.218(e)(ii)(c)(2).
Dated: October 31, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-26850 Filed 11-4-16; 8:45 am]
BILLING CODE 3510-DS-P