[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Notices]
[Pages 23905-23908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09572]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-869]


Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From 
Japan: Initiation of Antidumping Duty Investigation

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: April 23, 2013.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or David Cordell at 
(202) 482-3362 or (202) 482-0408, respectively, AD/CVD Operations, 
Office 7, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

The Petition

    On March 27, 2013, the Department of Commerce (the ``Department'') 
received an antidumping duty (``AD'') petition concerning imports of 
diffusion-annealed, nickel-plated flat-rolled steel products from Japan 
(``certain nickel-plated, flat-rolled steel''), filed in proper form by 
Thomas Steel Strip Corporation (``Petitioner'').\1\ Petitioner is a 
domestic producer of certain nickel-plated, flat-rolled steel. On April 
2, 2013, Petitioner provided a clarification and supplement to the 
scope language provided in the Petition.\2\ The Department requested 
additional information and clarification of certain areas of the 
Petition on April 2, 2013.\3\ Petitioner filed its response to this 
request on April 5, 2013.\4\ Petitioner filed a business proprietary 
document, which identified the source of the pricing data included in 
Exhibit 11 to the Petition, on April 9, 2013. On April 11, 2013, 
Department officials held a telephone conference call with that source 
to confirm the information provided.\5\
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    \1\ See Antidumping Duty Petition on Diffusion-Annealed, Nickel-
Plated Steel Flat-Rolled Products from Japan, dated March 27, 2013 
(``Petition'').
    \2\ See Memorandum to the File from Richard Weible, 
``Conversation with Petitioners Regarding Scope,'' dated March 29, 
2013, and First Supplement to the Petition, dated April 2, 2013.
    \3\ See First Department Supplemental Questionnaire issued on 
April 2, 2013.
    \4\ See Second Supplement to the Petition dated April 5, 2013 
(``Second Petition Supplement'').
    \5\ See Memorandum to the File from Dena Crossland, dated April 
12, 2013.
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    In accordance with section 732(b) of the Tariff Act of 1930, as 
amended (the ``Act''), Petitioner alleges that imports of certain 
nickel-plated, flat-rolled steel from Japan are being, or are likely to 
be, sold in the United States at less than fair value within the 
meaning of section 731 of the Act and that such imports are materially 
injuring, or threatening material injury to, an industry in the United 
States. Also, consistent with section 732(b)(1) of the Act, the 
Petition is accompanied by information reasonably available to 
Petitioner supporting its allegations.
    The Department finds that Petitioner filed this Petition on behalf 
of the domestic industry because it is an interested party as defined 
in section 771(9)(C) of the Act and has demonstrated sufficient 
industry support with respect to the initiation of the AD investigation 
that Petitioner is requesting. See the ``Determination of Industry 
Support for the Petition'' section below.

Period of Investigation

    Because the Petition was filed on March 27, 2013, the period of 
investigation (``POI'') is January 1, 2012, through December 31, 
2012.\6\
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    \6\ See 19 CFR 351.204(b)(1).
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Scope of the Investigation

    The product covered by this investigation is certain nickel-plated, 
flat-rolled steel from Japan. For a full description of the scope of 
the investigation, see the ``Scope of the Investigation,'' in Appendix 
I of this notice.

Comments on Scope of Investigation

    During our review of the Petition, we discussed the scope with 
Petitioner to ensure that it is an accurate reflection of the products 
for which the domestic industry is seeking relief. Moreover, as 
discussed in the preamble to the regulations (Antidumping Duties; 
Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997)), 
we are setting aside a period for interested parties to raise issues 
regarding product coverage. The Department encourages all interested 
parties to submit such comments by May 6, 2013, 5:00 p.m. Eastern 
Standard Time, 20 calendar days from the signature date of this notice. 
All comments and submissions to the Department must be filed 
electronically using Import Administration's Antidumping Countervailing 
Duty Centralized Electronic Service System (``IA ACCESS'').\7\ An 
electronically filed document must be received successfully in its 
entirety by the Department's electronic records system, IA ACCESS, by 
the time and date noted above. Documents excepted from the electronic 
submission requirements must be filed manually (i.e., in paper form) 
with Import Administration's APO/Dockets Unit, Room 1870, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, and stamped with the date and time of receipt by 
the deadline noted above.
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    \7\ See Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order 
Procedures, 76 FR 39263 (July 6, 2011) for details of the 
Department's electronic filing requirements, which went into effect 
on August 5, 2011. Information on using IAACCESS can be found at 
https://iaaccess.trade.gov/help.aspx and a handbook can be found at 
https://iaaccess.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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    The period for scope comments is intended to provide the Department 
with ample opportunity to consider all comments and to consult with 
parties prior to the issuance of the preliminary determination.

Comments on Product Characteristics for Antidumping Duty Questionnaire

    The Department requests comments from interested parties regarding 
the appropriate physical characteristics of certain nickel-plated, 
flat-rolled steel to be reported in response to the Department's AD 
questionnaire. This information will be used to identify the key 
physical characteristics of the subject merchandise in order to develop 
appropriate product-comparison criteria and to allow respondent to 
report the relevant costs of production, if necessary.
    Interested parties may provide any information or comments that 
they feel are relevant to the development of an accurate list of 
physical characteristics. Specifically, they may provide comments as to 
which characteristics are appropriate to use as (1) general product 
characteristics and (2) the product-comparison criteria. We find that 
it is not always appropriate to use all product characteristics as 
product-comparison criteria. We base product-comparison criteria on 
meaningful commercial differences among products. In other words, while 
there may be some physical product characteristics utilized by 
manufacturers to describe certain nickel-plated, flat-rolled steel, it 
may be that only a select few product characteristics take into account 
commercially meaningful physical

[[Page 23906]]

characteristics. In addition, interested parties may comment on the 
order in which the physical characteristics should be used in matching 
products. Generally, the Department attempts to list the most important 
physical characteristics first and the least important characteristics 
last.
    In order to consider the suggestions of interested parties in 
developing and issuing the AD questionnaire, we must receive comments 
filed in accordance with the Department's electronic filing 
requirements, available at 19 CFR 351.303, by May 6, 2013. Rebuttal 
comments must be received by May 13, 2013.

Determination of Industry Support for the Petition

    Section 732(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 732(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (``ITC''), 
which is responsible for determining whether ``the domestic industry'' 
has been injured, must also determine what constitutes a domestic like 
product in order to define the industry. While both the Department and 
the ITC must apply the same statutory definition regarding the domestic 
like product (see section 771(10) of the Act), they do so for different 
purposes and pursuant to a separate and distinct authority. In 
addition, the Department's determination is subject to limitations of 
time and information. Although this may result in different definitions 
of the like product, such differences do not render the decision of 
either agency contrary to law.\8\
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    \8\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
petition).
    With regard to the domestic like product, Petitioner does not offer 
a definition of the domestic like product distinct from the scope of 
the investigation. Based on our analysis of the information submitted 
on the record, we have determined that certain nickel-plated, flat-
rolled steel constitutes a single domestic like product and we have 
analyzed industry support in terms of that domestic like product.\9\
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    \9\ For a discussion of the domestic like product analysis in 
this case, see Antidumping Duty Investigation Initiation Checklist: 
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from 
Japan (``Initiation Checklist'') at Attachment II, Analysis of 
Industry Support for the Petition Covering Diffusion-Annealed, 
Nickel-Plated Flat-Rolled Steel Products from Japan, dated 
concurrently with this notice and on file electronically via IA 
ACCESS. Access to documents filed via IA ACCESS is also available in 
the Central Records Unit, Room 7046 of the main Department of 
Commerce building.
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    In determining whether Petitioner has standing under section 
732(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petition with reference to the domestic like product 
as defined in the ``Scope of the Investigation,'' in Appendix I of this 
notice. To establish industry support, Petitioner provided its own 
production of the domestic like product in 2012.\10\ Petitioner states 
that it was the sole remaining U.S. producer of the domestic like 
product in calendar year 2012 and, therefore, the Petition is supported 
by 100 percent of the U.S. industry.\11\
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    \10\ See Petition, at 54 (Table 12).
    \11\ See Petition, at 6-7; see also Second Petition Supplement, 
at 9-10 and Exhibits 32-33.
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    Our review of the data provided in the Petition, supplemental 
submissions, and other information readily available to the Department 
indicates that Petitioner has established industry support.\12\ First, 
the Petition established support from domestic producers (or workers) 
accounting for more than 50 percent of the total production of the 
domestic like product and, as such, the Department is not required to 
take further action in order to evaluate industry support (e.g., 
polling).\13\ Second, the domestic producers (or workers) have met the 
statutory criteria for industry support under section 732(c)(4)(A)(i) 
of the Act because the domestic producers (or workers) who support the 
Petition account for at least 25 percent of the total production of the 
domestic like product.\14\ Finally, the domestic producers (or workers) 
have met the statutory criteria for industry support under section 
732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) 
who support the Petition account for more than 50 percent of the 
production of the domestic like product produced by that portion of the 
industry expressing support for, or opposition to, the Petition.\15\ 
Accordingly, the Department determines that the Petition was filed on 
behalf of the domestic industry within the meaning of section 732(b)(1) 
of the Act.
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    \12\ See Initiation Checklist at Attachment II.
    \13\ See section 732(c)(4)(D) of the Act; see also Initiation 
Checklist at Attachment II.
    \14\ See Initiation Checklist at Attachment II.
    \15\ See id.
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    The Department finds that Petitioner filed the Petition on behalf 
of the domestic industry because it is an interested party as defined 
in section 771(9)(C) of the Act and it has demonstrated sufficient 
industry support with respect to the AD investigation that it is 
requesting the Department initiate.\16\
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    \16\ See id.
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Allegations and Evidence of Material Injury and Causation

    Petitioner alleges that the U.S. industry producing the domestic 
like product is being materially injured, or is threatened with 
material injury, by reason of the imports of the subject merchandise 
sold at less than normal value (``NV''). In addition, Petitioner 
alleges that subject imports exceed the negligibility threshold 
provided for under section 771(24)(A) of the Act.\17\
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    \17\ See Petition, at 41.
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    Petitioner contends that the industry's injured condition is 
illustrated by reduced market share; underselling and price depression 
or suppression; lost sales and revenue; declining capacity utilization, 
production, and shipments; reduced employment and hours worked; 
increased inventories; and decline in financial performance.\18\ We 
have

[[Page 23907]]

assessed the allegations and supporting evidence regarding material 
injury, threat of material injury, and causation, and we have 
determined that these allegations are properly supported by adequate 
evidence and meet the statutory requirements for initiation.\19\
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    \18\ See Petition, at 2-4, 24-28, 40-65 and Exhibits 10-11, 14-
16, 22-23, and 25-31; see also Second Petition Supplement, at 24-26 
and Revised Exhibits 14, 23 and Exhibit 32.
    \19\ See Initiation Checklist, at Attachment III, Analysis of 
Allegations and Evidence of Material Injury and Causation for the 
Petition Covering Diffusion-Annealed, Nickel-Plated Flat-Rolled 
Steel Products from Japan.
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Allegation of Sales at Less Than Fair Value

    The following is a description of the allegation of sales at less 
than fair value upon which the Department based its decision to 
initiate this investigation of imports of certain nickel-plated, flat-
rolled steel from Japan. The sources of data for the deductions and 
adjustments relating to U.S. price and NV are discussed in greater 
detail in the Initiation Checklist.

Export Price

    Petitioner calculated export price (``EP'') using two sources. 
First, Petitioner used competitive sales information obtained in the 
market through customer negotiations. Second, Petitioner used U.S. 
Bureau of Census (``Census'') import statistics under the Harmonized 
Tariff Schedule of the United States (``HTSUS'') subheadings 
7210.90.6000 and 7212.50.0000, corresponding to bills of lading, as 
obtained through Zepol Corporation,\20\ that specifically identify the 
imports as ``diffusion-annealed, nickel-plated steel.''
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    \20\ Zepol Corporation provides import data through its 
international trade tools (http://www.zepol.com).
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    With respect to the competitive sales data, Petitioner made 
adjustments for CIF charges, import duties and commissions to estimate 
the ex-factory price. Petitioner also claimed that there would be 
warehousing costs in the United States as well as credit expenses, but 
that for the purposes of the Petition, these expenses were not 
estimated or deducted, thereby understating the full extent of dumping.
    With respect to the import statistics, since HTSUS subheadings 
7210.90.6000 and 7212.50.0000 are ``basket'' tariff categories include 
more than certain nickel-plated, flat-rolled steel, in order to confirm 
the accuracy and reliability of the use of U.S. import statistics under 
these HTSUS subheadings, Petitioner compared the U.S. import quantity 
by ports and month for these HTSUS subheadings to the quantity of 
imports of certain nickel-plated, flat-rolled steel from Japan captured 
in bills of lading. Petitioner argues that where the bill of lading 
corresponds precisely to the port of entry, month of importation and 
quantity, the average unit value provided by the Census statistics is 
an appropriate indicator of the price of the subject merchandise. In 
addition, Petitioner compared the average unit customs values and 
average unit landed cost values with actual market prices. According to 
Petitioner, this data corroborates the accuracy of the Census data. 
Petitioner notes that because the customs value per metric ton 
represents the F.O.B. origin value of the imported merchandise, no 
adjustments were made with respect to this value for purposes of 
estimating the EP.

Normal Value

    Pursuant to section 773(a)(1)(B)(i) of the Act, Petitioner based NV 
on prices in Japan for sales to the largest Japanese battery producers, 
which were obtained by an independent market research organization. 
Petitioner asserts that these products correspond to the specifications 
for certain nickel-plated, flat-rolled steel exported to the United 
States and represent Japanese home market pricing for large-volume 
products to major customers through the fourth quarter 2012. While 
acknowledging that no adjustments were made to reflect credit terms, 
Petitioner notes that accounting for this deduction would have a de 
minimis impact on the estimated dumping margins.

Fair Value Comparisons

    Based on the data provided by Petitioner, there is reason to 
believe that imports of certain nickel-plated, flat-rolled steel from 
Japan are being, or are likely to be, sold in the United States at less 
than fair value. Based on comparisons of EP to NVs, in accordance with 
section 773(a)(1) of the Act, the estimated dumping margins for certain 
nickel-plated, flat-rolled steel from Japan range from 56.50 percent to 
77.70 percent.\21\
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    \21\ See Petition, at 30 and Exhibits 10, 11, 12 and 17 and 
Second Petition Supplement, dated April 5, 2013, at 23 and Revised 
Exhibits 12, 17 and 18.
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Initiation of Antidumping Investigation

    Based upon the examination of the Petition on certain nickel-
plated, flat-rolled steel from Japan, we find that the Petition meets 
the requirements of section 732 of the Act. Therefore, we are 
initiating the AD investigation to determine whether imports of certain 
nickel-plated, flat-rolled steel from Japan are being, or are likely to 
be, sold in the United States at less than fair value. In accordance 
with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless 
postponed, we will make our preliminary determinations no later than 
140 days after the date of this initiation.

Respondent Selection

    Following standard practice in AD investigations involving market 
economy countries, in the event the Department determines that the 
number of known exporters or producers for this investigation is large, 
the Department may select respondents based on U.S. Customs and Border 
Protection (``CBP'') data for U.S. imports under the HTSUS 7210.90.6000 
and 7212.50.0000 for certain nickel-plated, flat-rolled steel from 
Japan. We intend to release the CBP data under Administrative 
Protective Order (``APO'') to all parties with access to information 
protected by APO within five days of publication of this Federal 
Register notice and make our decision regarding respondent selection 
within 20 days of publication of this notice. The Department invites 
comments regarding the CBP data and respondent selection within seven 
days of publication of this Federal Register notice.\22\
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    \22\ See Bottom Mount Combination Refrigerator-Freezers From the 
Republic of Korea and Mexico: Initiation of Antidumping Duty 
Investigations, 76 FR 23281, 23285 (April 26, 2011).
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    The Petition names three companies as producers of certain nickel-
plated, flat-rolled steel from Japan: Toyo Kohan Co., Ltd., Sumitomo-
Nippon Steel Corp., and Katayama Special Industries.\23\ We currently 
do not know of any other producers of subject merchandise. We will 
consider comments from interested parties with respect to respondent 
selection.
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    \23\ See Petition, at 22.
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Distribution of Copies of the Petition

    In accordance with section 732(b)(3)(A) of the Act and 19 CFR 
351.202(f), the Government of Japan was provided access to a copy of 
the public version of the Petition via IA ACCESS. To the extent 
practicable, we will attempt to provide a copy of the public version of 
the Petition to each exporter named in the Petition, as provided under 
19 CFR 351.203(c)(2).

ITC Notification

    We have notified the ITC of our initiation, as required by section 
732(d) of the Act.

Preliminary Determination by the ITC

    The ITC will preliminarily determine no later than May 13, 2013, 
whether

[[Page 23908]]

there is a reasonable indication that imports of certain nickel-plated, 
flat-rolled steel from Japan are materially injuring or threatening 
material injury to a U.S. industry. A negative ITC determination will 
result in the investigation being terminated; otherwise, this 
investigation will proceed according to statutory and regulatory time 
limits.

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in this investigation should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
    Any party submitting factual information in an AD/countervailing 
duty (``CVD'') proceeding must certify to the accuracy and completeness 
of that information.\24\ Parties are hereby reminded that revised 
certification requirements are in effect for company/government 
officials as well as their representatives in all segments of any AD/
CVD proceedings initiated on or after March 14, 2011.\25\ The formats 
for the revised certifications are provided at the end of the Interim 
Final Rule. Foreign governments and their officials may continue to 
submit certifications in either the format that was in use prior to the 
effective date of the Interim Final Rule, or in the format provided in 
the Supplemental Interim Final Rule.\26\ The Department intends to 
reject factual submissions in any proceeding segments initiated on or 
after March 14, 2011, if the submitting party does not comply with the 
revised certification requirements.
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    \24\ See section 782(b) of the Act.
    \25\ See Certification of Factual Information to Import 
Administration During Antidumping and Countervailing Duty 
Proceedings: Interim Final Rule, 76 FR 7491 (February 10, 2011) 
(Interim Final Rule) amending 19 CFR 351.303(g)(1) and (2) and 
supplemented by Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings: Supplemental Interim Final Rule, 76 FR 54697 (September 
2, 2011) (Supplemental Interim Final Rule).
    \26\ See Supplemental Interim Final Rule.
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    This notice is issued and published pursuant to section 777(i) of 
the Act.

    Dated: April 16, 2013.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix I--Scope of the Investigation

    The diffusion-annealed, nickel-plated flat-rolled steel products 
included in this investigation are flat-rolled, cold-reduced steel 
products, regardless of chemistry; whether or not in coils; either 
plated or coated with nickel or nickel-based alloys and subsequently 
annealed (i.e., ``diffusion-annealed''); whether or not painted, 
varnished or coated with plastics or other metallic or nonmetallic 
substances; and less than or equal to 2.0 mm in nominal thickness. 
For purposes of this investigation, ``nickel-based alloys'' include 
all nickel alloys with other metals in which nickel accounts for at 
least 80 percent of the alloy by volume.
    Imports of merchandise included in the scope of this 
investigation are classified primarily under Harmonized Tariff 
Schedule of the United States (``HTSUS'') subheadings 7212.50.0000 
and 7210.90.6000, but may also be classified under HTSUS subheadings 
7210.70.6090, 7212.40.1000, 7212.40.5000, 7219.90.0020, 
7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.90.0010, 
7220.90.0015, 7225.99.0090, or 7226.99.0180. The foregoing HTSUS 
subheadings are provided only for convenience and customs purposes. 
The written description of the scope is dispositive.

[FR Doc. 2013-09572 Filed 4-22-13; 8:45 am]
BILLING CODE 3510-DS-P