Stainless Steel Sheet and Strip From the People's Republic of China: Antidumping Duty Order, 16160-16162 [2017-06488]
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16160
Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices
DOC case No.
ITC case No.
Country
Product
A–583–848 .....
731–TA–1187 ..
Taiwan .........................
A–520–804 .....
731–TA–1185 ..
United Arab Emirates ...
Stilbenic Optical Brightening Agents
(1st Review).
Steel Nails (1st Review) ........................
mstockstill on DSK3G9T082PROD with NOTICES
Filing Information
As a courtesy, we are making
information related to sunset
proceedings, including copies of the
pertinent statute and Department’s
regulations, the Department’s schedule
for Sunset Reviews, a listing of past
revocations and continuations, and
current service lists, available to the
public on the Department’s Web site at
the following address: ‘‘https://
enforcement.trade.gov/sunset/.’’ All
submissions in these Sunset Reviews
must be filed in accordance with the
Department’s regulations regarding
format, translation, and service of
documents. These rules, including
electronic filing requirements via
Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(‘‘ACCESS’’), can be found at 19 CFR
351.303.1
This notice serves as a reminder that
any party submitting factual information
in an AD/CVD proceeding must certify
to the accuracy and completeness of that
information.2 Parties are hereby
reminded that revised certification
requirements are in effect for company/
government officials as well as their
representatives in these segments.3 The
formats for the revised certifications are
provided at the end of the Final Rule.
The Department intends to reject factual
submissions if the submitting party does
not comply with the revised
certification requirements.
On April 10, 2013, the Department
modified two regulations related to AD/
CVD proceedings: the definition of
factual information (19 CFR
351.102(b)(21)), and the time limits for
the submission of factual information
(19 CFR 351.301).4 Parties are advised to
review the final rule, available at https://
enforcement.trade.gov/frn/2013/
1304frn/2013-08227.txt, prior to
submitting factual information in these
segments. To the extent that other
1 See also Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
2 See section 782(b) of the Act.
3 See Certification of Factual Information To
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (‘‘Final Rule’’) (amending 19 CFR
351.303(g)).
4 See Definition of Factual Information and Time
Limits for Submission of Factual Information: Final
Rule, 78 FR 21246 (April 10, 2013).
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18:32 Mar 31, 2017
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regulations govern the submission of
factual information in a segment (such
as 19 CFR 351.218), these time limits
will continue to be applied. Parties are
also advised to review the final rule
concerning the extension of time limits
for submissions in AD/CVD
proceedings, available at https://
enforcement.trade.gov/frn/2013/
1309frn/2013-22853.txt, prior to
submitting factual information in these
segments.5
Letters of Appearance and
Administrative Protective Orders
Pursuant to 19 CFR 351.103(d), the
Department will maintain and make
available a public service list for these
proceedings. Parties wishing to
participate in any of these five-year
reviews must file letters of appearance
as discussed at 19 CFR 351.103(d)). To
facilitate the timely preparation of the
public service list, it is requested that
those seeking recognition as interested
parties to a proceeding submit an entry
of appearance within 10 days of the
publication of the Notice of Initiation.
Because deadlines in Sunset Reviews
can be very short, we urge interested
parties who want access to proprietary
information under administrative
protective order (‘‘APO’’) to file an APO
application immediately following
publication in the Federal Register of
this notice of initiation. The
Department’s regulations on submission
of proprietary information and
eligibility to receive access to business
proprietary information under APO can
be found at 19 CFR 351.304–306.
Information Required From Interested
Parties
Domestic interested parties, as
defined in section 771(9)(C), (D), (E), (F),
and (G) of the Act and 19 CFR
351.102(b), wishing to participate in a
Sunset Review must respond not later
than 15 days after the date of
publication in the Federal Register of
this notice of initiation by filing a notice
of intent to participate. The required
contents of the notice of intent to
participate are set forth at 19 CFR
351.218(d)(1)(ii). In accordance with the
Department’s regulations, if we do not
receive a notice of intent to participate
from at least one domestic interested
5 See Extension of Time Limits, 78 FR 57790
(September 20, 2013).
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Department contact
Matthew Renkey (202) 482–2312.
Matthew Renkey (202) 482–2312.
party by the 15-day deadline, the
Department will automatically revoke
the order without further review.6
If we receive an order-specific notice
of intent to participate from a domestic
interested party, the Department’s
regulations provide that all parties
wishing to participate in a Sunset
Review must file complete substantive
responses not later than 30 days after
the date of publication in the Federal
Register of this notice of initiation. The
required contents of a substantive
response, on an order-specific basis, are
set forth at 19 CFR 351.218(d)(3). Note
that certain information requirements
differ for respondent and domestic
parties. Also, note that the Department’s
information requirements are distinct
from the Commission’s information
requirements. Consult the Department’s
regulations for information regarding
the Department’s conduct of Sunset
Reviews. Consult the Department’s
regulations at 19 CFR part 351 for
definitions of terms and for other
general information concerning
antidumping and countervailing duty
proceedings at the Department.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: March 24, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2017–06490 Filed 3–31–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–042]
Stainless Steel Sheet and Strip From
the People’s Republic of China:
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing an
antidumping duty order on stainless
AGENCY:
6 See
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19 CFR 351.218(d)(1)(iii).
03APN1
Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices
steel sheet and strip from the People’s
Republic of China.
DATES: Effective April 3, 2017.
FOR FURTHER INFORMATION CONTACT:
Kathryn Wallace; AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–6251.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.210(c), on February 8, 2017, the
Department published its final
determination in the less-than-fair-value
(LTFV) investigation, including the
determination of critical circumstances,
with respect to imports of stainless steel
sheet and strip (stainless sheet and
strip) from the People’s Republic of
China (PRC).1 On March 24, 2017,
pursuant to section 735(d) of the Act,
the ITC notified the Department of its
final determination that an industry in
the United States is materially injured
by reason of LTFV imports of subject
merchandise from the PRC within the
meaning of section 735(b)(1)(A)(i) of the
Act, and its determination that critical
circumstances do not exist with respect
to imports of subject merchandise from
the PRC.2
circumstances findings. Therefore, in
accordance with section 735(c)(2) of the
Act, we are publishing this antidumping
duty order.
As a result of the ITC’s final
determination, in accordance with
section 736(a) 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 adjusted for
certain countervailable (CVD) subsidies,
for all relevant entries of stainless sheet
and strip. Antidumping duties will be
assessed on unliquidated entries of
stainless sheet and strip from the PRC
entered, or withdrawn from warehouse,
for consumption on or after September
19, 2016, the date on which the
Department published its preliminary
less-than-fair-value determination in the
Federal Register,3 but will not include
entries occurring after the expiration of
the provisional measures period and
before publication of the ITC’s final
affirmative injury determination as
further described below.
16161
publication of the ITC’s final injury
determination.
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 stainless sheet and strip from
the PRC, entered, or withdrawn from
warehouse, for consumption on or after
March 18, 2017, the date the provisional
measures expired, until and through the
day preceding the date of the ITC’s final
injury determination in the Federal
Register. Suspension of liquidation will
resume on the date of publication of the
ITC’s final determination in the Federal
Register.
Suspension of Liquidation
Antidumping Duty Order
As stated above, on March 24, 2017,
in accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC notified the Department of its final
determination in its investigation, in
which it found that the industry in the
United States producing stainless sheet
and strip is materially injured by reason
of imports of stainless sheet and strip
from the PRC, and that critical
circumstances do not exist with respect
to imports of subject merchandise from
the PRC that are subject to the
Department’s affirmative critical
Provisional Measures
Section 733(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 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 mandatory
respondent, Shanxi Taigang Stainless
Steel Co., Ltd. (Taigang), who accounts
for a significant proportion of stainless
sheet and strip from the PRC, we
extended the four-month period to no
more than six months in this case.4 The
Department published the AD
Preliminary Determination for this
investigation on September 19, 2016.
Therefore, the six-month period
beginning on the date of publication of
the preliminary determination ended on
March 18, 2017. Furthermore, section
737(b) of the Act states that definitive
duties are to begin on the date of
In accordance with section
735(c)(1)(B) of the Act, the Department
will direct CBP to reinstitute the
suspension of liquidation on all relevant
entries of stainless sheet and strip from
the PRC. These instructions suspending
liquidation will remain in effect until
further notice.
The Department will also instruct
CBP to require cash deposits equal to
the amount as indicated below, which
are adjusted for certain countervailable
subsidies, as described below.
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 cash deposit rates listed
below.5 The relevant PRC-wide entity
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 the PRC have been
adjusted, as appropriate, for export
subsidies found in the final
determination of the countervailing
duty investigation of this merchandise
imported from the PRC.6 In addition,
the estimated weighted-average
dumping margins were also adjusted,
where appropriate, for estimated
domestic subsidy pass-through.7
1 See Antidumping Duty Investigation of Stainless
Steel Sheet and Strip from the People’s Republic of
China: Final Determination of Sales at Less Than
Fair Value and Final Affirmative Determination of
Critical Circumstances 82 FR 9716 (February 8,
2017).
2 See Letter to Ronald Lorentzen, Acting Assistant
Secretary of Commerce for Enforcement and
Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade
Commission, regarding stainless steel sheet and
strip from the People’s Republic of China (March
24, 2017). See also Stainless Steel Sheet and Strip
from China, Investigation Nos. 701–TA–557 and
731–TA–1312 (Final), USITC Publication 4676
(March 2017).
3 See Stainless Steel Sheet and Strip from the
People’s Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and
Preliminary Affirmative Determination of Critical
Circumstances, 81 FR 64135 (September 19, 2016)
(AD Preliminary Determination).
4 See Stainless Steel Sheet and Strip from the
People’s Republic of China: Postponement of Final
Determination of Sales at Less Than Fair Value
Investigation, 81 FR 72776 (October 21, 2016).
5 See section 736(a)(3) of the Act.
6 See section 772(c)(1)(C) of the Act.
7 See section 777A(f) of the Act.
mstockstill on DSK3G9T082PROD with NOTICES
Scope of the Order
The product covered by this order is
stainless sheet and strip. For a complete
description of the scope of the order, see
Appendix I.
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18:32 Mar 31, 2017
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03APN1
16162
Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Notices
Weightedaverage
dumping
margin
(%)
Exporter
Producer
Taiyuan Ridetaixing Precision Stainless Steel Incorporated Co., Ltd.
Zhangjiagang Pohang Stainless Steel Co., Ltd ...........
PRC-Wide Entity ...........................................................
Taiyuan Ridetaixing Precision Stainless Steel Incorporated Co., Ltd.
Zhangjiagang Pohang Stainless Steel Co., Ltd ...........
PRC-Wide Entity ...........................................................
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of stainless sheet and strip from
the PRC, we will instruct CBP to lift
suspension and to refund any cash
deposits made to secure the payment of
estimated antidumping duties with
respect to entries of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after June 21, 2016 (i.e., 90 days prior to
the date of the publication of the AD
Preliminary Determination), but before
September 19, 2016 (i.e., the date of
publication of the AD Preliminary
Determination).
Notifications to Interested Parties
This notice constitutes the
antidumping duty order with respect to
stainless sheet and strip from the PRC,
pursuant to section 736(a) of the Act.
Interested parties can find a list of
antidumping duty orders currently in
effect at https://enforcement.trade.gov/
stats/iastats1.html.
This order is issued and published in
accordance with section 736(a) of the
Act and 19 CFR 351.211(b).
Dated: March 28, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK3G9T082PROD with NOTICES
Attachment I—Scope of the Orders
The merchandise covered by this order is
stainless steel sheet and strip, whether in
coils or straight lengths. Stainless steel is an
alloy steel containing, by weight, 1.2 percent
or less of carbon and 10.5 percent or more
of chromium, with or without other
elements. The subject sheet and strip is a flatrolled product with a width that is greater
than 9.5 mm and with a thickness of 0.3048
mm and greater but less than 4.75 mm, and
that is annealed or otherwise heat treated,
and pickled or otherwise descaled. The
subject sheet and strip may also be further
processed (e.g., cold-rolled, annealed,
tempered, polished, aluminized, coated,
painted, varnished, trimmed, cut, punched,
or slit, etc.) provided that it maintains the
specific dimensions of sheet and strip set
forth above following such processing. The
products described include products
regardless of shape, and include products of
either rectangular or non-rectangular crosssection where such cross-section is achieved
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18:32 Mar 31, 2017
Jkt 241001
subsequent to the rolling process, i.e.,
products which have been ‘‘worked after
rolling’’ (e.g., products which have been
beveled or rounded at the edges).
For purposes of the width and thickness
requirements referenced above: (1) Where the
nominal and actual measurements vary, a
product is within the scope if application of
either the nominal or actual measurement
would place it within the scope based on the
definitions set forth above; and (2) where the
width and thickness vary for a specific
product (e.g., the thickness of certain
products with non-rectangular cross-section,
the width of certain products with nonrectangular shape, etc.), the measurement at
its greatest width or thickness applies.
All products that meet the written physical
description, and in which the chemistry
quantities do not exceed any one of the noted
element levels listed above, are within the
scope of this order unless specifically
excluded.
Subject merchandise includes stainless
steel sheet and strip that has been further
processed in a third country, including but
not limited to cold-rolling, annealing,
tempering, polishing, aluminizing, coating,
painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other
processing that would not otherwise remove
the merchandise from the scope of the order
if performed in the country of manufacture
of the stainless steel sheet and strip.
Excluded from the scope of this order are
the following: (1) Sheet and strip that is not
annealed or otherwise heat treated and not
pickled or otherwise descaled; (2) plate (i.e.,
flat-rolled stainless steel products of a
thickness of 4.75 mm or more); and (3) flat
wire (i.e., cold-rolled sections, with a mill
edge, rectangular in shape, of a width of not
more than 9.5 mm).
The products under order are currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7219.13.0031, 7219.13.0051,
7219.13.0071, 7219.13.0081, 7219.14.0030,
7219.14.0065, 7219.14.0090, 7219.23.0030,
7219.23.0060, 7219.24.0030, 7219.24.0060,
7219.32.0005, 7219.32.0020, 7219.32.0025,
7219.32.0035, 7219.32.0036, 7219.32.0038,
7219.32.0042, 7219.32.0044, 7219.32.0045,
7219.32.0060, 7219.33.0005, 7219.33.0020,
7219.33.0025, 7219.33.0035, 7219.33.0036,
7219.33.0038, 7219.33.0042, 7219.33.0044,
7219.33.0045, 7219.33.0070, 7219.33.0080,
7219.34.0005, 7219.34.0020, 7219.34.0025,
7219.34.0030, 7219.34.0035, 7219.34.0050,
7219.35.0005, 7219.35.0015, 7219.35.0030,
7219.35.0035, 7219.35.0050, 7219.90.0010,
7219.90.0020, 7219.90.0025, 7219.90.0060,
7219.90.0080, 7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015, 7220.20.1060,
PO 00000
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Cash deposit
(%)
63.86
45.26
63.86
76.64
45.26
58.04
7220.20.1080, 7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060, 7220.20.6080,
7220.20.7005, 7220.20.7010, 7220.20.7015,
7220.20.7060, 7220.20.7080, 7220.90.0010,
7220.90.0015, 7220.90.0060, and
7220.90.0080. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the scope of this proceeding is
dispositive.
[FR Doc. 2017–06488 Filed 3–31–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Docket No.: 170328324–7324–01; A–570–
053]
Certain Aluminum Foil From the
People’s Republic of China: Notice of
Initiation of Inquiry Into the Status of
the People’s Republic of China as a
Nonmarket Economy Country Under
the Antidumping and Countervailing
Duty Laws
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation and request
for public comment and information.
AGENCY:
As part of the less-than-fairvalue investigation of certain aluminum
foil from the People’s Republic of China
(PRC), the Department of Commerce
(Department) is initiating an inquiry
into whether the PRC should continue
to be treated as a nonmarket economy
(NME) country under the antidumping
and countervailing duty laws. As part of
this inquiry, the Department is seeking
public comment and information with
respect to the factors to be considered
under the Tariff Act of 1930, as
amended (the Act).
DATES: To be assured of consideration,
written comments and information must
be received no later than May 3, 2017.
ADDRESSES: You may submit comments
and information by either of the
following methods:
• Federal eRulemaking Portal:
www.Regulations.gov. The identification
number is ITA–2017–0002.
• Postal Mail/Commercial Delivery to
Leah Wils-Owens, Department of
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Notices]
[Pages 16160-16162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06488]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-042]
Stainless Steel Sheet and Strip From the People's Republic of
China: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on the affirmative final determinations by the
Department of Commerce (the Department) and the International Trade
Commission (ITC), the Department is issuing an antidumping duty order
on stainless
[[Page 16161]]
steel sheet and strip from the People's Republic of China.
DATES: Effective April 3, 2017.
FOR FURTHER INFORMATION CONTACT: Kathryn Wallace; AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC
20230; telephone: (202) 482-6251.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on February 8,
2017, the Department published its final determination in the less-
than-fair-value (LTFV) investigation, including the determination of
critical circumstances, with respect to imports of stainless steel
sheet and strip (stainless sheet and strip) from the People's Republic
of China (PRC).\1\ On March 24, 2017, pursuant to section 735(d) of the
Act, the ITC notified the Department of its final determination that an
industry in the United States is materially injured by reason of LTFV
imports of subject merchandise from the PRC within the meaning of
section 735(b)(1)(A)(i) of the Act, and its determination that critical
circumstances do not exist with respect to imports of subject
merchandise from the PRC.\2\
---------------------------------------------------------------------------
\1\ See Antidumping Duty Investigation of Stainless Steel Sheet
and Strip from the People's Republic of China: Final Determination
of Sales at Less Than Fair Value and Final Affirmative Determination
of Critical Circumstances 82 FR 9716 (February 8, 2017).
\2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary
of Commerce for Enforcement and Compliance, from Rhonda K.
Schmidtlein, Chairman of the U.S. International Trade Commission,
regarding stainless steel sheet and strip from the People's Republic
of China (March 24, 2017). See also Stainless Steel Sheet and Strip
from China, Investigation Nos. 701-TA-557 and 731-TA-1312 (Final),
USITC Publication 4676 (March 2017).
---------------------------------------------------------------------------
Scope of the Order
The product covered by this order is stainless sheet and strip. For
a complete description of the scope of the order, see Appendix I.
Antidumping Duty Order
As stated above, on March 24, 2017, in accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified the Department
of its final determination in its investigation, in which it found that
the industry in the United States producing stainless sheet and strip
is materially injured by reason of imports of stainless sheet and strip
from the PRC, and that critical circumstances do not exist with respect
to imports of subject merchandise from the PRC that are subject to the
Department's affirmative critical circumstances findings. Therefore, in
accordance with section 735(c)(2) of the Act, we are publishing this
antidumping duty order.
As a result of the ITC's final determination, in accordance with
section 736(a) 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 adjusted for certain countervailable
(CVD) subsidies, for all relevant entries of stainless sheet and strip.
Antidumping duties will be assessed on unliquidated entries of
stainless sheet and strip from the PRC entered, or withdrawn from
warehouse, for consumption on or after September 19, 2016, the date on
which the Department published its preliminary less-than-fair-value
determination in the Federal Register,\3\ but will not include entries
occurring after the expiration of the provisional measures period and
before publication of the ITC's final affirmative injury determination
as further described below.
---------------------------------------------------------------------------
\3\ See Stainless Steel Sheet and Strip from the People's
Republic of China: Preliminary Affirmative Determination of Sales at
Less Than Fair Value and Preliminary Affirmative Determination of
Critical Circumstances, 81 FR 64135 (September 19, 2016) (AD
Preliminary Determination).
---------------------------------------------------------------------------
Provisional Measures
Section 733(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 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 mandatory respondent, Shanxi Taigang Stainless Steel Co.,
Ltd. (Taigang), who accounts for a significant proportion of stainless
sheet and strip from the PRC, we extended the four-month period to no
more than six months in this case.\4\ The Department published the AD
Preliminary Determination for this investigation on September 19, 2016.
Therefore, the six-month period beginning on the date of publication of
the preliminary determination ended on March 18, 2017. 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.
---------------------------------------------------------------------------
\4\ See Stainless Steel Sheet and Strip from the People's
Republic of China: Postponement of Final Determination of Sales at
Less Than Fair Value Investigation, 81 FR 72776 (October 21, 2016).
---------------------------------------------------------------------------
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 stainless sheet and strip from the PRC,
entered, or withdrawn from warehouse, for consumption on or after March
18, 2017, the date the provisional measures expired, until and through
the day preceding the date of the ITC's final injury determination in
the Federal Register. Suspension of liquidation will resume on the date
of publication of the ITC's final determination in the Federal
Register.
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
will direct CBP to reinstitute the suspension of liquidation on all
relevant entries of stainless sheet and strip from the PRC. These
instructions suspending liquidation will remain in effect until further
notice.
The Department will also instruct CBP to require cash deposits
equal to the amount as indicated below, which are adjusted for certain
countervailable subsidies, as described below. 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 cash deposit rates listed below.\5\ The relevant
PRC-wide entity 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 the PRC have been adjusted, as appropriate, for export
subsidies found in the final determination of the countervailing duty
investigation of this merchandise imported from the PRC.\6\ In
addition, the estimated weighted-average dumping margins were also
adjusted, where appropriate, for estimated domestic subsidy pass-
through.\7\
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\5\ See section 736(a)(3) of the Act.
\6\ See section 772(c)(1)(C) of the Act.
\7\ See section 777A(f) of the Act.
[[Page 16162]]
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Weighted-
average Cash deposit
Exporter Producer dumping (%)
margin (%)
----------------------------------------------------------------------------------------------------------------
Taiyuan Ridetaixing Precision Stainless Steel Taiyuan Ridetaixing Precision 63.86 45.26
Incorporated Co., Ltd. Stainless Steel Incorporated
Co., Ltd.
Zhangjiagang Pohang Stainless Steel Co., Ltd.. Zhangjiagang Pohang Stainless 63.86 45.26
Steel Co., Ltd.
PRC-Wide Entity............................... PRC-Wide Entity................. 76.64 58.04
----------------------------------------------------------------------------------------------------------------
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of stainless sheet and strip from the PRC, we
will instruct CBP to lift suspension and to refund any cash deposits
made to secure the payment of estimated antidumping duties with respect
to entries of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after June 21, 2016 (i.e., 90 days
prior to the date of the publication of the AD Preliminary
Determination), but before September 19, 2016 (i.e., the date of
publication of the AD Preliminary Determination).
Notifications to Interested Parties
This notice constitutes the antidumping duty order with respect to
stainless sheet and strip from the PRC, pursuant to section 736(a) of
the Act. Interested parties can find a list of antidumping duty orders
currently in effect at https://enforcement.trade.gov/stats/iastats1.html.
This order is issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: March 28, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Attachment I--Scope of the Orders
The merchandise covered by this order is stainless steel sheet
and strip, whether in coils or straight lengths. Stainless steel is
an alloy steel containing, by weight, 1.2 percent or less of carbon
and 10.5 percent or more of chromium, with or without other
elements. The subject sheet and strip is a flat-rolled product with
a width that is greater than 9.5 mm and with a thickness of 0.3048
mm and greater but less than 4.75 mm, and that is annealed or
otherwise heat treated, and pickled or otherwise descaled. The
subject sheet and strip may also be further processed (e.g., cold-
rolled, annealed, tempered, polished, aluminized, coated, painted,
varnished, trimmed, cut, punched, or slit, etc.) provided that it
maintains the specific dimensions of sheet and strip set forth above
following such processing. The products described include products
regardless of shape, and include products of either rectangular or
non-rectangular cross-section where such cross-section is achieved
subsequent to the rolling process, i.e., products which have been
``worked after rolling'' (e.g., products which have been beveled or
rounded at the edges).
For purposes of the width and thickness requirements referenced
above: (1) Where the nominal and actual measurements vary, a product
is within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above; and (2) where the width and thickness vary for a
specific product (e.g., the thickness of certain products with non-
rectangular cross-section, the width of certain products with non-
rectangular shape, etc.), the measurement at its greatest width or
thickness applies.
All products that meet the written physical description, and in
which the chemistry quantities do not exceed any one of the noted
element levels listed above, are within the scope of this order
unless specifically excluded.
Subject merchandise includes stainless steel sheet and strip
that has been further processed in a third country, including but
not limited to cold-rolling, annealing, tempering, polishing,
aluminizing, coating, painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other processing that would not
otherwise remove the merchandise from the scope of the order if
performed in the country of manufacture of the stainless steel sheet
and strip.
Excluded from the scope of this order are the following: (1)
Sheet and strip that is not annealed or otherwise heat treated and
not pickled or otherwise descaled; (2) plate (i.e., flat-rolled
stainless steel products of a thickness of 4.75 mm or more); and (3)
flat wire (i.e., cold-rolled sections, with a mill edge, rectangular
in shape, of a width of not more than 9.5 mm).
The products under order are currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081,
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030,
7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005,
7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036,
7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045,
7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025,
7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042,
7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080,
7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030,
7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015,
7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010,
7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080,
7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015,
7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080,
7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although
the HTSUS subheadings are provided for convenience and customs
purposes, the written description of the scope of this proceeding is
dispositive.
[FR Doc. 2017-06488 Filed 3-31-17; 8:45 am]
BILLING CODE 3510-DS-P
