[Federal Register Volume 81, Number 49 (Monday, March 14, 2016)]
[Notices]
[Pages 13322-13326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05469]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-043]
Stainless Steel Sheet and Strip From the People's Republic of
China: Initiation of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective March 3, 2016.
FOR FURTHER INFORMATION CONTACT: Sean Carey at (202) 482-3964; AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petition
On February 12, 2016, the Department of Commerce (Department)
received a countervailing duty (CVD) petition concerning imports of
stainless steel sheet and strip from the People's Republic of China
(PRC), filed in proper form on behalf of AK Steel Corporation,
Allegheny Ludlum, LLC d/b/a ATI Flat Rolled Products, North American
Stainless, and Outokumpu Stainless USA, LLC (collectively,
Petitioners).\1\ The CVD petition was accompanied by an Antidumping
Duty (AD) petition for stainless steel sheet and strip from the PRC.\2\
Petitioners are domestic producers of stainless steel sheet and strip,
which represents the domestic industry engaged in the manufacture of
stainless steel sheet and strip in the United States.\3\
---------------------------------------------------------------------------
\1\ See ``Stainless Steel Sheet and Strip from the People's
Republic of China--Petitions for the Imposition of Antidumping and
Countervailing Duties,'' dated February 12, 2016 (Petition).
\2\ Id.
\3\ See Volume I of the Petition, at 2-3.
---------------------------------------------------------------------------
On February 17, 2016, the Department requested information and
clarification of certain areas of the Petition.\4\ On February 19,
2016, Petitioners filed responses to these requests \5\ and an
amendment to the scope section of the petition.\6\
---------------------------------------------------------------------------
\4\ See the following February 17, 2016, letters from the
Department to Petitioners: ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Stainless Steel
Sheet and Strip from the People's Republic of China: Supplemental
Questions'' (General Issues Supplemental Questionnaire), ``Petition
for the Imposition of Countervailing Duties on Imports of Stainless
Steel Sheet and Strip from the People's Republic of China:
Supplemental Questions'' (CVD Supplemental Questionnaire).
\5\ See the following February 19, 2016, responses from
Petitioners: ``Stainless Steel Sheet and Strip from the People's
Republic of China--Petitioners' Response to the Department's
Questions on General and Injury Volume of Petition and Amendment to
Petition to Modify Scope Language,'' (General Issues Supplement);
``Stainless Steel Sheet and Strip from the People's Republic of
China--Petitioners' Response to the CVD Supplemental Questionnaire''
(CVD Supplemental Response).
\6\ See CVD Supplemental Response, at Exhibit GEN-Supp.2.
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), Petitioners allege that the Government of China
(GOC) is providing countervailable subsidies (within the meaning of
sections 701 and 771(5) of the Act) to imports of stainless steel sheet
and strip from the PRC, and that such imports are materially injuring,
or threatening material injury to, an industry in the United States.
Also, consistent with section 702(b)(1) of the Act, for those alleged
programs in the PRC on which we have initiated a CVD investigation, the
Petition is accompanied by information reasonably available to
Petitioners supporting their allegation.
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 Petitioner has demonstrated
sufficient industry support with respect to the CVD investigation that
it is requesting the Department to initiate.\7\
---------------------------------------------------------------------------
\7\ See the ``Determination of Industry Support for the
Petitions'' section below.
---------------------------------------------------------------------------
Period of Investigation
Pursuant to 19 CFR 351.204(b)(2), because the Petition was filed on
February 12, 2016, the period of investigation is January 1, 2015,
through December 31, 2015.
Scope of the Investigation
The product covered by this investigation is stainless steel sheet
and strip from the PRC. 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 the Investigations
During our review of the Petition, the Department issued questions
to, and received responses from, Petitioners pertaining to the proposed
scope to ensure that the scope language in the Petition would be an
accurate reflection
[[Page 13323]]
of the products for which the domestic industry is seeking relief.\8\
---------------------------------------------------------------------------
\8\ See General Issues Supplemental Questionnaire.
---------------------------------------------------------------------------
As discussed in the preamble to the Department's regulations,\9\ we
are setting aside a period for interested parties to raise issues
regarding product coverage (scope). The Department will consider all
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information (see 19 CFR 351.102(b)(21)), all such factual information
should be limited to public information. In order to facilitate
preparation of its questionnaires, the Department requests all
interested parties submit such comments by 5:00 p.m. Eastern Time (ET)
on Tuesday, March 23, 2016, which is 20 calendar days from the
signature date of this notice. Any rebuttal comments, which may include
factual information, must be filed by 5:00 p.m. ET on Monday, April 4,
2016, because 10 calendar days after the initial comments deadline
falls on Saturday, April 2, 2016.\10\
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\10\ See 19 CFR 351.303(b)(1) (``For both electronically filed
and manually filed documents, if the applicable due date falls on a
non-business day, the Secretary will accept documents that are filed
on the next business day.'')
---------------------------------------------------------------------------
The Department requests that any factual information the parties
consider relevant to the scope of the investigation be submitted during
this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact the Department
and request permission to submit the additional information. All such
comments must also be filed on the record of each of the concurrent AD
and CVD investigations.
Filing Requirements
All submissions to the Department must be filed electronically
using Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS).\11\ An electronically-
filed document must be received successfully in its entirety by the
time and date it is due. Documents excepted from the electronic
submission requirements must be filed manually (i.e., in paper form)
with Enforcement and Compliance's APO/Dockets Unit, Room 18022, 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 applicable deadlines.
---------------------------------------------------------------------------
\11\ See 19 CFR 351.303 (for general filings requirements); see
also Antidumping and Countervailing Duty Proceedings: Electronic
Filing Procedures; Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and Compliance; Change of
Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for
details of the Department's electronic filing requirements, which
went into effect on August 5, 2011. Information on help using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
---------------------------------------------------------------------------
Consultations
Pursuant to section 702(b)(4)(A)(i) of the Act, the Department
notified representatives of the GOC of the receipt of the Petition.
Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the
Department provided representatives of the GOC the opportunity for
consultations with respect to the CVD Petition.
Consultations were held with representatives of the PRC on February
25, 2016.\12\ All invitation letters and memoranda regarding these
consultations are on file electronically via ACCESS.
---------------------------------------------------------------------------
\12\ See Memorandum, ``Countervailing Duty Petition on Stainless
Steel Sheet from the People's Republic of China: Consultations with
the Government of China,'' February 26, 2016.
---------------------------------------------------------------------------
Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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,\13\ 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.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ 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)).
---------------------------------------------------------------------------
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, Petitioners do 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 stainless sheet and strip
constitutes a single domestic like product, and we have analyzed
industry support in terms of that domestic like product.\15\
---------------------------------------------------------------------------
\15\ For a discussion of the domestic like product analysis in
this case, see Countervailing Duty Investigation Initiation
Checklist: Stainless Steel Sheet and Strip from the People's
Republic of China (PRC CVD Initiation Checklist), at Attachment II,
Analysis of Industry Support for the Antidumping and Countervailing
Duty Petitions Covering Stainless Steel Sheet and Strip from the
People's Republic of China (Attachment II). This checklist is dated
concurrently with this notice and on file electronically via ACCESS.
Access to documents filed via ACCESS is also available in the
Central Records Unit, Room 18022 of the main Department of Commerce
building.
---------------------------------------------------------------------------
In determining whether Petitioners have standing under section
702(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. Petitioners provided their production of the domestic like
product in 2015, as well
[[Page 13324]]
as an estimate of total production of the domestic like product for the
entire domestic industry.\16\ To establish industry support,
Petitioners compared their own production to total estimated production
of the domestic like product for the entire domestic industry.\17\ We
have relied upon data Petitioners provided for purposes of measuring
industry support.\18\
---------------------------------------------------------------------------
\16\ See Volume I of the Petition, at 4-5 and Exhibits GEN-1 and
GEN-12.
\17\ Id. For further discussion, see PRC CVD Initiation
Checklist, at Attachment II.
\18\ See PRC CVD Initiation Checklist, at Attachment II.
---------------------------------------------------------------------------
Our review of the data provided in the Petition, the Second General
Issues Supplement, and other information readily available to the
Department indicates that Petitioners have established industry
support.\19\ 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).\20\ Second, the domestic producers (or
workers) have met the statutory criteria for industry support under
section 702(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.\21\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 702(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.\22\ Accordingly, the Department determines
that the Petition was filed on behalf of the domestic industry within
the meaning of section 702(b)(1) of the Act.
---------------------------------------------------------------------------
\19\ Id.
\20\ See section 702(c)(4)(D) of the Act; see also PRC CVD
Initiation Checklist, at Attachment II.
\21\ See PRC CVD Initiation Checklist, at Attachment II.
\22\ Id.
---------------------------------------------------------------------------
The Department finds that Petitioners filed the Petition on behalf
of the domestic industry because they are interested parties as defined
in section 771(9)(C) of the Act and that they have demonstrated
sufficient industry support with respect to the CVD investigation that
they are requesting the Department initiate.\23\
---------------------------------------------------------------------------
\23\ Id.
---------------------------------------------------------------------------
Injury Test
Because the PRC is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from the PRC materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
Petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threatening to cause, material injury to the U.S. industry
producing the domestic like product. In addition, Petitioners allege
that subject imports exceed the negligibility threshold provided for
under section 771(24)(A) of the Act.\24\
---------------------------------------------------------------------------
\24\ See Volume I of the Petition, at 13 and Exhibit GEN-6; see
also General Issues Supplement, at 4-5 and Exhibit GEN-Supp. 6.
---------------------------------------------------------------------------
Petitioners contend that the industry's injured condition is
illustrated by: reduced market share, underselling and price
suppression or depression, lost sales and revenues, reductions in U.S.
production, shipments, and capacity utilization, decreased employment,
and financial deterioration.\25\ We have 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.\26\
---------------------------------------------------------------------------
\25\ See Volume I of the Petition, at 14-19 and Exhibits GEN-6
and GEN-8 through GEN-12; see also Second General Issues Supplement,
at 4-5 and Exhibit GEN-Supp. 5.
\26\ See PRC CVD Initiation Checklist, at Attachment III,
Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Stainless Steel Sheet and Strip from the People's Republic
of China.
---------------------------------------------------------------------------
Initiation of Countervailing Duty Investigation
Section 702(b)(1) of the Act requires the Department to initiate a
CVD investigation whenever an interested party filed a CVD petition on
behalf of an industry that: (1) alleges elements necessary for an
imposition of a duty under section 701(a) of the Act; and (2) is
accompanied by information reasonably available to Petitioners
supporting the allegations.
Petitioners allege that producers/exporters of stainless steel
sheet and strip from the PRC benefit from countervailable subsidies
bestowed by the GOC. The Department examined the Petition and finds
that it complies with the requirements of section 702(b)(1) of the Act.
Therefore, in accordance with section 702(b)(1) of the Act, we are
initiating a CVD investigation to determine whether manufacturers,
producers, or exporters of stainless steel sheet and strip from the PRC
receive countervailable subsidies from the GOC.
Based on our review of the Petition, we find that there is
sufficient information to initiate a CVD investigation on all 41
alleged programs in the PRC.\27\ For a full discussion of the basis for
our decision to initiate on each program, see the PRC CVD Initiation
Checklist. A public version of the initiation checklists for each
investigation is available on ACCESS.
---------------------------------------------------------------------------
\27\ See PRC CVD Initiation Checklist for a more detailed
explanation.
---------------------------------------------------------------------------
In accordance with section 703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determination no later than 65 days after the date of this initiation.
On June 29, 2015, the President of the United States signed into
law the Trade Preferences Extension Act of 2015, which made numerous
amendments to the AD and CVD law.\28\ The 2015 law does not specify
dates of application for those amendments. On August 6, 2015, the
Department published an interpretative rule, in which it announced the
applicability dates for each amendment to the Act, except for
amendments contained in section 771(7) of the Act, which relate to
determinations of material injury by the ITC.\29\ The amendments to
sections 771(15), 773, 776, and 782 of the Act are applicable to all
determinations made on or after August 6, 2015, and, therefore, apply
to this CVD investigation.\30\
---------------------------------------------------------------------------
\28\ See Trade Preferences Extension Act of 2015, Pub. L. 114-
27, 129 Stat. 362 (2015).
\29\ See Dates of Application of Amendments to the Antidumping
and Countervailing Duty Laws Made by the Trade Preferences Extension
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice).
\30\ Id., at 46794-95. The 2015 amendments may be found at
https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
---------------------------------------------------------------------------
Respondent Selection
Petitioners named 158 companies as producers/exporters of stainless
steel sheet and strip in the PRC.\31\ Following standard practice in
CVD investigations, the Department will, where appropriate, select
respondents based on U.S. Customs and Border Protection (``CBP'') data
for U.S. imports of amorphous silica fabric during the period of
investigation. For this investigation, the Department will release U.S.
Customs and Border Protection (CBP) data for
[[Page 13325]]
U.S. imports of subject merchandise during the period of investigation
under the Harmonized Tariff Schedule of the United States (HTSUS)
numbers listed in the scope. We intend to release the CBP data under
Administrative Protective Order (APO) to all parties with access to
information protected by APO within five business days of the
announcement of this Federal Register notice. Interested parties must
submit applications for disclosure under APO in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found at
http://enforcement.trade.gov/apo/. Interested parties may submit
comments regarding the CBP data and respondent selection. Comments must
be filed in accordance with the filing requirements stated above. If
respondent selection is necessary, we intend to base our decision
regarding respondent selection upon comments received from interested
parties and our analysis of the record information within 20 days of
publication of this notice.
---------------------------------------------------------------------------
\31\ See Volume I of the Petition, at Exhibit GEN-5.
---------------------------------------------------------------------------
Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR
351.202(f), copies of the public version of the Petition have been
provided to the GOC via ACCESS. Because of the particularly large
number of producers/exporters identified in the Petition, the
Department considers the service of the public version of the Petition
to the foreign producers/exporters satisfied by the delivery of the
public version to the GOC, consistent with 19 CFR 351.203(c)(2).
ITC Notification
We will notify the ITC of our initiation, as required by section
702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of stainless steel sheet and strip from the PRC
are materially injuring, or threatening material injury to, a U.S.
industry.\32\ A negative ITC determination will result in the
investigation being terminated; \33\ otherwise, these investigation
will proceed according to statutory and regulatory time limits.
---------------------------------------------------------------------------
\32\ See section 703(a)(2) of the Act.
\33\ See section 703(a)(1) of the Act.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
Evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by the Department; and (v) evidence other than
factual information described in (i)-(iv). Any party, when submitting
factual information, is required to specify under which subsection of
19 CFR 351.102(b)(21) the information is being submitted \34\ and, if
the information is being submitted to rebut, clarify, or correct
factual information already on the record, to provide an explanation
identifying the information already on the record that the factual
information seeks to rebut, clarify, or correct.\35\ Time limits for
the submission of factual information are addressed in 19 CFR 351.301,
which provides specific time limits based on the type of factual
information being submitted. Parties should review the regulations
prior to submitting factual information in these investigations.
---------------------------------------------------------------------------
\34\ See 19 CFR 351.301(b).
\35\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Extension of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351, or as
otherwise specified by the Secretary. In general, an extension request
will be considered untimely if it is filed after the expiration of the
time limit established under 19 CFR 351. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, we may elect to specify a different time
limit by which extension requests will be considered untimely for
submissions which are due from multiple parties simultaneously. In such
a case, we will inform parties in the letter or memorandum setting
forth the deadline (including a specified time) by which extension
requests must be filed to be considered timely. An extension request
must be made in a separate, stand-alone submission; under limited
circumstances, we will grant untimely-filed requests for the extension
of time limits. Review Extension of Time Limits; Final Rule, 78 FR
57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual
information in these investigations.
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\36\
Parties are hereby reminded that revised certification requirements are
in effect for company/government officials, as well as their
representatives. Investigations initiated on the basis of petitions
filed on or after August 16, 2013, and other segments of any AD or CVD
proceedings initiated on or after August 16, 2013, should use the
formats for the revised certifications provided at the end of the Final
Rule.\37\ The Department intends to reject factual submissions if the
submitting party does not comply with the applicable revised
certification requirements.
---------------------------------------------------------------------------
\36\ See section 782(b) of the Act.
\37\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------
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 these investigations
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)).
This notice is issued and published pursuant to sections 702 and
777(i) of the Act.
Dated: March 3, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The merchandise covered by this investigation 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,
[[Page 13326]]
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
investigation 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 investigation
if performed in the country of manufacture of the stainless steel
sheet and strip.
Excluded from the scope of this investigation 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 investigation 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. 2016-05469 Filed 3-11-16; 8:45 am]
BILLING CODE 3510-DS-P