[Federal Register Volume 80, Number 215 (Friday, November 6, 2015)]
[Notices]
[Pages 68852-68854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28455]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-583-857]


Countervailing Duty Investigation of Certain Corrosion-Resistant 
Steel Products From Taiwan: Preliminary Negative Countervailing Duty 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are not being provided to 
producers and exporters of certain corrosion-resistent steel products 
(corrosion-resistant steel) from Taiwan. The period of investigation is 
January 1, 2014, through December 31, 2014. We invite interested 
parties to comment on this preliminary determination.

DATES: Effective November 6, 2015.

FOR FURTHER INFORMATION CONTACT: Joy Zhang or Cindy Robinson, 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-
1168 and (202) 482-3797, respectively.

SUPPLEMENTARY INFORMATION:

Scope of the Investigation

    The products covered by this investigation are corrosion-resistent 
steel products from Taiwan. For a complete description of the scope of 
the investigation, see Appendix II.

Methodology

    The Department is conducting this countervailing duty (CVD) 
investigation in accordance with section 701 of the the Act. For a full 
description of the methodology underlying our preliminary conclusions, 
see the Preliminary Decision Memorandum.\1\ A list of topics discussed 
in the Preliminary Decision Memorandum is

[[Page 68853]]

included as Appendix I to this notice. The Preliminary Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov and is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
internet at http://enforcement.trade.gov/frn/index.html. The signed 
Preliminary Decision Memorandum and the electronic version of the 
Preliminary Decision Memorandum are identical in content.
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    \1\ See Memorandum, ``Countervailing Duty Investigation of 
Certain Corrosion-Resistant Steel Products from Taiwan: Decision 
Memorandum for the Preliminary Negative Determination,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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New Subsidy Allegations

    On October 1, 2015, the Department initiated an investigation of 
certain additional and new subsidy programs based on AK Steel's New 
Subsidy Allegations (NSA) with repect to Prosperity Companies,\2\ Yieh 
Phui Companies,\3\ and the Taiwan Authorities (TA).\4\ We did not 
receive questionnaire responses from Prosperity Companies, the Yieh 
Phui Companies, and TA until October 16, 19, and 20, 2015, 
respectively.\5\ The timing of the NSA questionnaire responses 
submitted by these parties does not give us sufficient time to 
incorporate them into our preliminary determination. We intend to 
examine these programs after the preliminary determination time 
permitting.\6\
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    \2\ Including the mandatory respondent, Prosperity Tieh 
Enterprise Co., Ltd. (PT), and PT's following crossed-own 
affiliates: Hong-Ye Steel Co., Ltd. (HY), Prosperity Did Enterprise 
Co., Ltd. (PD), and Chan Lin Enterprise Co., Ltd. (CL) (collectively 
Prosperity Companies). See PT's initial questionnaire responses 
dated August 7, at 1-3.
    \3\ Including the mandatory respondent Yieh Phui Enterprise Co., 
Ltd. (Yieh Phui), and Yieh Phui's following crossed-own affiliates: 
Yieh Corporation Limited (YCL); Shin Yang Steel Co., Ltd. (Shin 
Yang); and Synn Industrial Co., Ltd (Synn).
    \4\ See Memorandum to Erin Begnal, ``Certain Corrosion-Resistant 
Steel (CORE) Products from Taiwan: Decision Memorandum on New 
Subsidy Allegations,'' dated October 1, 2015 (NSA Decision 
Memorandum).
    \5\ See Yieh Phui, PT, and TA's NSA questionnaire responses 
dated October 16, 2015, October 19, 2015, and October 20, 2015, 
respectively (NSAQR).
    \6\ See Preliminary Decision Memorandum for further details.
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Negative Preliminary Determination and Suspension of Liquidation

    For this preliminary determination, we have calculated a de minimis 
countervailable subsidy rate for each individually investigated 
producer/exporter of the subject merchandise. Consistent with section 
703(b)(4)(A) of the Act, we are disregarding these rates and 
preliminarily determine that no countervailable subsides are being 
provided to producers/exporters of the subject merchandise in Taiwan. 
Because the rates calculated for the individually investigated 
companies are de minimis, the all others rate is also de minimis.
    We preliminarily determine the estimated countervailable subsidy 
rates to be:

------------------------------------------------------------------------
                  Company                           Subsidy rate
------------------------------------------------------------------------
Prosperity Tieh Enterprise Co., Ltd. (PT);  0.00 percent ad valorem, de
 Hong-Ye Steel Co., Ltd. (HY); Prosperity    minimis.
 Did Enterprise Co., Ltd. (PD); and Chan
 Lin Enterprise Co., Ltd. (CL)
 (collectively Prosperity Companies).
Yieh Phui Enterprise Co., Ltd. (Yieh        0.00 percent ad valorem, de
 Phui); Yieh Corporation Limited (YCL);      minimis.
 Shin Yang Steel Co., Ltd. (Shin Yang);
 and Synn Industrial Co., Ltd (Synn)
 (collectively Yieh Phui Companies).
All Others................................  0.00 percent ad valorem, de
                                             minimis.
------------------------------------------------------------------------

    Because we preliminarily determine that the CVD rates in this 
investigation are de minimis, we will not direct CBP to suspend 
liquidation of entries of subject merchandise.
    On October 29, 2015, we preliminarily found that, with regard to 
Taiwan, critical circumstances exist for imports of subject merchandise 
from ``All Other'' produers and exporters and did not exist for the 
mandatory respondents, the Prosperity Companies and the Yieh Phui 
Companies.\7\ Thus, based on the Preliminary Critical Circumstances 
Determination, the retroactive collection of cash deposits would apply 
with regard to companies subject to the all others rate, contingent 
upon the Department reaching an affirmative result in the preliminary 
determination. As indicated in this notice and as further explained in 
the Preliminary Decision Memorandum, we have preliminarily determined 
that countervailable subsidies are not being provided to producers and 
exporters of corrosion-resistant steel from Taiwan and, thus, we are 
issuing a preliminary negative countervailing duty determination. 
Accordingly, we also preliminarily determine that critical 
circumstances do not exist with regard to imports of corrosion-
resistant steel from Taiwan.
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    \7\ See Antidumping and Countervailing Duty Investigations of 
Corrosion-Resistant Steel Products from India, Italy, the People's 
Republic of China, the Republic of Korea, and Taiwan: Preliminary 
Determinations of Critical Circumstances, 80 FR ___ (November ___, 
2015) (signed October 29, 2015) (Preliminary Critical Circumstances 
Determination).
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Verification

    As provided in section 782(i)(1) of the Act, we intend to verify 
the information submitted by the respondents prior to making our final 
determination.

U.S. International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (ITC) of our determination. In addition, 
we are making available to the ITC all non-privileged and non-
proprietary information relating to this investigation. We will allow 
the ITC access to all privileged and business proprietary information 
in our files, provided the ITC confirms that it will not disclose such 
information, either publicly or under an administrative protective 
order, without the written consent of the Assistant Secretary for 
Enforcement and Compliance.
    In accordance with section 705(b)(2) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 45 days after the Department makes its final determination.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\8\ 
Interested parties may submit case and rebuttal briefs, as well as 
request a hearing.\9\ For a schedule of the deadlines for filing case 
briefs, rebuttal briefs, and hearing requests, see the Preliminary 
Decision Memorandum.
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    \8\ See 19 CFR 351.224(b).
    \9\ See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).
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    This determination is issued and published pursuant to sections 
703(f)

[[Page 68854]]

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and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: November 2, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Preliminary Determination of Critical Circumstances
VI. Injury Test
VII. Subsidies Valuation
VIII. Benchmarks and Interest Rates
IX. Analysis of Programs
X. Disclosure and Public Comment
XI. Conclusion

Appendix II

Scope of the Investigation

    The products covered by this investigation are certain flat-
rolled steel products, either clad, plated, or coated with 
corrosion-resistant metals such as zinc, aluminum, or zinc-, 
aluminum-, nickel- or iron-based alloys, whether or not corrugated 
or painted, varnished, laminated, or coated with plastics or other 
non-metallic substances in addition to the metallic coating. The 
products covered include coils that have a width of 12.7 mm or 
greater, regardless of form of coil (e.g., in successively 
superimposed layers, spirally oscillating, etc.). The products 
covered also include products not in coils (e.g., in straight 
lengths) of a thickness less than 4.75 mm and a width that is 12.7 
mm or greater and that measures at least 10 times the thickness. The 
products covered also include products not in coils (e.g., in 
straight lengths) of a thickness of 4.75 mm or more and a width 
exceeding 150 mm and measuring at least twice the thickness. The 
products described above may be rectangular, square, circular, or 
other shape and include products of either rectangular or non-
rectangular cross-section where such cross-section is achieved 
subsequent to the rolling process, i.e., products which have been 
``worked after rolling'' (e.g., products which have been beveled or 
rounded at the edges). For purposes of the width and thickness 
requirements referenced above:
    (1) Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set forth above, and
    (2) where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.
    Steel products included in the scope of this investigation are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; (2) the carbon content is 2 percent or 
less, by weight; and (3) none of the elements listed below exceeds 
the quantity, by weight, respectively indicated:

 2.50 percent of manganese, or
 3.30 percent of silicon, or
 1.50 percent of copper, or
 1.50 percent of aluminum, or
 1.25 percent of chromium, or
 0.30 percent of cobalt, or
 0.40 percent of lead, or
 2.00 percent of nickel, or
 0.30 percent of tungsten (also called wolfram), or
 0.80 percent of molybdenum, or
 0.10 percent of niobium (also called columbium), or
 0.30 percent of vanadium, or
 0.30 percent of zirconium

    Unless specifically excluded, products are included in this 
scope regardless of levels of boron and titanium.
    For example, specifically included in this scope are vacuum 
degassed, fully stabilized (commonly referred to as interstitial-
free (IF)) steels and high strength low alloy (HSLA) steels. IF 
steels are recognized as low carbon steels with micro-alloying 
levels of elements such as titanium and/or niobium added to 
stabilize carbon and nitrogen elements. HSLA steels are recognized 
as steels with micro-alloying levels of elements such as chromium, 
copper, niobium, titanium, vanadium, and molybdenum.
    Furthermore, this scope also includes Advanced High Strength 
Steels (AHSS) and Ultra High Strength Steels (UHSS), both of which 
are considered high tensile strength and high elongation steels.
    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 
investigation unless specifically excluded. The following products 
are outside of and/or specifically excluded from the scope of this 
investigation:
     Flat-rolled steel products either plated or coated with 
tin, lead, chromium, chromium oxides, both tin and lead (``terne 
plate''), or both chromium and chromium oxides (``tin free steel''), 
whether or not painted, varnished or coated with plastics or other 
non-metallic substances in addition to the metallic coating;
     Clad products in straight lengths of 4.7625 mm or more 
in composite thickness and of a width which exceeds 150 mm and 
measures at least twice the thickness; and
     Certain clad stainless flat-rolled products, which are 
three-layered corrosionresistant flat-rolled steel products less 
than 4.75 mm in composite thickness that consist of a flat-rolled 
steel product clad on both sides with stainless steel in a 20%-60%-
20% ratio.
    The products subject to the investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7210.30.0030, 7210.30.0060, 
7210.41.0000, 7210.49.0030, 7210.49.0091, 7210.49.0095, 
7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 
7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000, 
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 
7212.40.1000, 7212.40.5000, 7212.50.0000, and 7212.60.0000.
    The products subject to the investigation may also enter under 
the following HTSUS item numbers: 7210.90.1000, 7215.90.1000, 
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 
7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 
7217.90.5090, 7225.91.0000, 7225.92.0000, 7225.99.0090, 
7226.99.0110, 7226.99.0130, 7226.99.0180, 7228.60.6000, 
7228.60.8000, and 7229.90.1000.
    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
investigation is dispositive.

[FR Doc. 2015-28455 Filed 11-5-15; 8:45 am]
 BILLING CODE 3510-DS-P