[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Notices]
[Pages 48387-48390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17563]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-833, C-570-027, C-533-864, C-580-879]


Certain Corrosion-Resistant Steel Products From India, Italy, 
Republic of Korea and the People's Republic of China: Countervailing 
Duty Order

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC''), the Department is issuing a countervailing duty order on 
certain corrosion-resistant steel products (``corrosion-resistant 
steel'') from India, Italy, Republic of Korea (``Korea''), and the 
People's Republic of China (``PRC'').

DATES: Effective July 25, 2016.

FOR FURTHER INFORMATION CONTACT: Myrna Lobo at (202) 482-2371 (the 
Republic of Korea); Emily Halle at (202) 482-0176 (the People's 
Republic of China); Matt Renkey at (202) 482-2312 (India); Robert 
Palmer at (202) 482-9068 (Italy); 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: 

Background

    In accordance with sections 705(d) of the Tariff Act of 1930, as 
amended (``Act''), on June 2, 2016, the Department published its 
affirmative final determinations that countervailable subsidies are 
being provided to producers and exporters of corrosion-resistant steel 
from India, Italy, Korea, and the PRC.\1\ On July 15,

[[Page 48388]]

2016, the ITC notified the Department of its affirmative determinations 
that an industry in the United States is materially injured within the 
meaning of section 735(b)(1)(A)(ii) of the Act by reason of subsidized 
imports of subject merchandise from India, Italy, Korea, and the PRC, 
and its determination that critical circumstances do not exist with 
respect to imports of subject merchandise from these countries that are 
subject to the Department's affirmative critical circumstances 
finding.\2\
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    \1\ See Countervailing Duty Investigation of Certain Corrosion-
Resistant Steel Products From Italy: Final Affirmative Determination 
and Final Affirmative Critical Circumstances, in Part, 81 FR 35326 
(June 2, 2016); Countervailing Duty Investigation of Certain 
Corrosion-Resistant Steel Products From the People's Republic of 
China: Final Affirmative Determination, and Final Affirmative 
Critical Circumstances Determination, in Part, 81 FR 35308 (June 2, 
2016); Countervailing Duty Investigation of Certain Corrosion-
Resistant Steel Products From India: Final Affirmative 
Determination, 81 FR 35323 (June 2, 2016); and Countervailing Duty 
Investigation of Certain Corrosion-Resistant Steel Products From the 
Republic of Korea: Final Affirmative Determination, and Final 
Affirmative Critical Circumstances Determination, in Part, 81 FR 
35310 (June 2, 2016).
    \2\ See Letter to Christian Marsh, Deputy Assistant Secretary of 
Commerce for Enforcement and Compliance, from Irving A. Williamson, 
Chairman of the U.S. International Trade Commission, regarding 
certain corrosion-resistant steel products from India, Italy, Korea, 
the PRC, and Taiwan (July 15, 2016) (``ITC Letter''); see also 
Corrosion-Resistant Steel Products from India, Italy, Korea, the 
PRC, and Taiwan, USITC Investigation Nos. 701-TA-534-537 and 731-TA-
1274-1278 (Final), USITC Publication 4620, (July 2016).
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Scope of the Order

    The products covered by this investigation are certain corrosion-
resistant steel products. For a complete description of the scope of 
the order, see Appendix I.

Countervailing Duty Order

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, 
the ITC has notified the Department of its final determinations that 
the industry in the United States producing corrosion-resistant steel 
is materially injured by reason of subsidized imports of corrosion-
resistant steel from India, Italy, Korea, and the PRC, and that 
critical circumstances do not exist with respect to imports of subject 
merchandise from Italy, Korea, and the PRC that are subject to the 
Department's affirmative critical circumstances finding, in part. 
Therefore, in accordance with section 705(c)(2) of the Act, we are 
publishing these countervailing duty orders.
    As a result of the ITC's final determinations, in accordance with 
section 706(a) of the Act, the Department will direct U.S. Customs and 
Border Protection (``CBP'') to assess, upon further instruction by the 
Department, countervailing duties on unliquidated entries of corrosion-
resistant steel from India, Italy, Korea, and the PRC entered, or 
withdrawn from warehouse, for consumption on or after November 6, 2015, 
the date on which the Department published its preliminary 
countervailing duty determinations in the Federal Register,\3\ and 
before March 4, 2016, the date on which the Department instructed CBP 
to discontinue the suspension of liquidation in accordance with section 
703(d) of the Act. Section 703(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. Therefore, entries of corrosion-
resistant steel made on or after March 4, 2016, and prior to the date 
of publication of the ITC's final determination in the Federal Register 
are not liable for the assessment of countervailing duties due to the 
Department's discontinuation, effective March 4, 2016, of the 
suspension of liquidation.
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    \3\ See Countervailing Duty Investigation of Certain Corrosion-
Resistant Steel Products From Italy: Preliminary Affirmative 
Determination, 80 FR 68839 (November 6, 2015), Countervailing Duty 
Investigation of Certain Corrosion-Resistant Steel Products From the 
People's Republic of China: Preliminary Affirmative Determination, 
80 FR 68843 (November 6, 2015), Countervailing Duty Investigation of 
Certain Corrosion-Resistant Steel Products From the Republic of 
Korea: Preliminary Affirmative Determination, 80 FR 68842 (November 
6, 2015), Countervailing Duty Investigation of Certain Corrosion-
Resistant Steel Products From India: Preliminary Affirmative 
Determination, 80 FR 68854 (November 6, 2015), (collectively, 
``Preliminary Determinations''). See also 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 68504 (November 5, 2015) 
(``Preliminary Critical Circumstances'').
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Continuation of Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation of corrosion-
resistant steel from India, Italy, Korea, and the PRC, effective on the 
date of publication of the ITC's notice of final determinations in the 
Federal Register, and to assess, upon further instruction by the 
Department pursuant to section 706(a)(1) of the Act, countervailing 
duties for each entry of the subject merchandise in an amount based on 
the net countervailable subsidy rates for the subject merchandise, 
except for subject merchandise entered by the de minimis companies from 
Italy (Acciaieria Arvedi S.p.A., Finarvedi S.p.A., Arvedi Tubi Acciaio 
S.p.A., Euro-Trade S.p.A., Siderurgica Triestina Srl., Marcegaglia 
S.p.A. and Marfin S.p.A.) and the de minimis companies from Korea 
(Union Steel Manufacturing Co. Ltd/Dongkuk Steel Mill Co., Ltd.). These 
exclusions will apply only to subject merchandise both produced and 
exported by de minimis companies from Italy (Acciaieria Arvedi S.p.A., 
Finarvedi S.p.A., Arvedi Tubi Acciaio S.p.A., Euro-Trade S.p.A., 
Siderurgica Triestina Srl., Marcegaglia S.p.A. and Marfin S.p.A.) and 
the de minimis companies from Korea (Union Steel Manufacturing Co. Ltd/
Dongkuk Steel Mill Co., Ltd.). On or after the date of publication of 
the ITC's final injury determinations in the Federal Register, CBP must 
require,\4\ at the same time as importers would normally deposit 
estimated duties on this merchandise, a cash deposit equal to the rates 
noted below:
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    \4\ With the exception of those companies whose net subsidy was 
de minimis, and hence, are excluded from this order. These 
exclusions will apply only to subject merchandise both produced and 
exported by those companies identified here whose net subsidy was de 
minimis.

------------------------------------------------------------------------
                                                           Subsidy rate
                                                             (percent)
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Exporter/Producer from India:
    JSW Steel Limited and JSW Steel Coated Products                29.49
     Limited............................................
    Uttam Galva Steels Limited and Uttam Value Steels               8.00
     Limited............................................
    All-Others..........................................           18.73
Exporter/Producer from Italy:
    Acciaieria Arvedi S.p.A., Finarvedi S.p.A., Arvedi          \5\ 0.48
     Tubi Acciaio S.p.A., Euro-Trade S.p.A., and
     Siderurgica Triestina Srl., collectively, the
     Arvedi Group.......................................
    Marcegaglia S.p.A. and Marfin S.p.A., the                   \6\ 0.07
     Marcegaglia Group..................................
    Ilva S.p.A..........................................           38.51
    All-Others..........................................           13.02
Exporter/Producer from Korea:
    Union Steel Manufacturing Co. Ltd/Dongkuk Steel Mill        \7\ 0.72
     Co., Ltd...........................................
    Dongbu Steel Co., Ltd./Dongbu Incheon Steel Co., Ltd            1.19

[[Page 48389]]

 
    All-Others..........................................            1.19
Exporter/Producer from the PRC:
    Yieh Phui (China) Technomaterial Co., Ltd...........           39.05
    Angang Group Hong Kong Company Ltd..................          241.07
    1Baoshan Iron & Steel Co., Ltd......................          241.07
    Duferco S.A., Hebei Iron & Steel Group, and Tangshan          241.07
     Iron and Steel Group Co., Ltd......................
    Changshu Everbright Material Technology.............          241.07
    Handan Iron & Steel Group...........................          241.07
    All-Others..........................................           39.05
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Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of corrosion-resistant steel from Italy, 
Korea, and the PRC, we will instruct CBP to lift suspension and to 
refund any cash deposits made to secure the payment of estimated 
countervailing duties with respect to entries of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after August 8, 2015 (i.e., 90 days prior to the date of the 
publication of the CVD Preliminary Determinations), but before November 
6, 2015 (i.e., the date of publication of the CVD Preliminary 
Determinations).
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    \5\ De minimis.
    \6\ Id.
    \7\ Id.
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Notifications to Interested Parties

    This notice constitutes the countervailing duty orders with respect 
to corrosion-resistant steel from Italy, India, Korea, and the PRC 
pursuant to section 706(a) of the Act. Interested parties may contact 
the Department's Central Records Unit, Room B8024 of the main Commerce 
Building, for copies of an updated list of countervailing duty orders 
currently in effect.
    These orders are issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: July 18, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

    The products covered by this order 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 order 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.
    Subject merchandise also includes corrosion-resistant steel that 
has been further processed in a third country, including but not 
limited to annealing, tempering 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 in-scope corrosion 
resistant steel.
    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. The following products are outside of 
and/or specifically excluded from the scope of this order:
     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 corrosion-resistant 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 order 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.

[[Page 48390]]

    The products subject to the order 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 
order is dispositive.

[FR Doc. 2016-17563 Filed 7-22-16; 8:45 am]
 BILLING CODE 3510-DS-P