[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 49929-49931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17940]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-824]


Certain Cold-Rolled Steel Flat Products From the United Kingdom: 
Final Determination of Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
certain cold-rolled steel flat products (cold-rolled steel) from the 
United Kingdom is being, or is likely to be, sold in the United States 
at less than fair value (LTFV). The period of investigation (POI) is 
July 1, 2014, through June 30, 2015. The final dumping margins of sales 
at LTFV are listed below in the ``Final Determination'' section of this 
notice.

DATES: Effective July 29, 2016.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-0410.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2016, the Department published the Preliminary 
Determination of this antidumping duty (AD) investigation.\1\ The 
following events occurred since the Preliminary Determination was 
issued.
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    \1\ See Certain Cold-Rolled Steel Flat Products From the United 
Kingdom: Affirmative Preliminary Determination of Sales at Less Than 
Fair Value, Postponement of Final Determination and Extension of 
Provisional Measures, 81 FR 11744 (March 7, 2016) (Preliminary 
Determination).
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    In March 2016, the Department received supplemental cost responses 
from Tata Steel UK Ltd. (TSUK), one of the mandatory respondents in 
this investigation.\2\
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    \2\ See Letter from TSUK, ``Antidumping Duty Investigation of 
Certain Cold-Rolled Steel Flat Products from the United Kingdom: 
TSUK's Section D Second Supplemental Questionnaire Response'' (March 
11, 2016).
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    In June 2016, AK Steel (one of the petitioners),\3\ Caparo 
Precision Strip, Ltd. (Caparo), and TSUK submitted case briefs \4\ and 
rebuttal briefs.\5\ A hearing was held on June 21, 2016.
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    \3\ AK Steel Corporation (AK Steel), ArcelorMittal USA LLC, 
Nucor Corporation, Steel Dynamics, Inc., and United States Steel 
Corporation (collectively, the petitioners).
    \4\ See Letter from the petitioners, ``Certain Cold-Rolled Steel 
Flat Products From The United Kingdom/Petitioner's Case Brief'' 
(June 8, 2016); Letter from Caparo, ``Certain Cold-Rolled Steel Flat 
Products from the United Kingdom: Case Brief of Caparo Precision 
Strip, Ltd.'' (June 8, 2016); and Letter from TSUK, ``Antidumping 
Duty Investigation of Certain Cold-Rolled Steel Flat Products from 
the United Kingdom: Case Brief of Tata Steel UK Ltd. and Tata Steel 
International (Americas) Inc.'' (June 8, 2016).
    \5\ See Letter from the petitioners, ``Certain Cold-Rolled Steel 
Flat Products From The United Kingdom/Petitioner's Rebuttal Brief'' 
(June 13, 2016); Letter from Caparo, ``Certain Cold-Rolled Steel 
Flat Products from the United Kingdom: Caparo Precision Strip, Ltd. 
Rebuttal Brief'' (June 13, 2016); and Letter from TSUK, 
``Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat 
Products from the United Kingdom: Rebuttal Brief of Tata Steel UK 
Ltd. and Tata Steel International (Americas) Inc.'' (June 13, 2016).
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Scope of the Investigation

    The product covered by this investigation is cold-rolled steel from 
the United Kingdom. For a complete description of the scope of this 
investigation, see the ``Scope of the Investigation,'' in Appendix I of 
this notice.

Scope Comments

    In accordance with the Preliminary Scope Determination,\6\ the 
Department set aside a period of time for parties to address scope 
issues in case briefs or other written comments on scope issues.
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    \6\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Cold-Rolled Steel Products From Brazil, the People's 
Republic of China, India, Japan, the Republic of Korea, the Russian 
Federation, and the United Kingdom: Scope Comments Decision 
Memorandum for the Preliminary Determinations'' dated February 29, 
2016 (Preliminary Scope Decision Memorandum).
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    For a summary of the product coverage comments and rebuttal 
responses submitted to the records of the cold-rolled steel 
investigations, and accompanying discussion and analysis of all 
comments timely received, see the Final Scope Decision Memorandum.\7\ 
The Final Scope Decision Memorandum is incorporated by, and hereby 
adopted by, this notice.
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    \7\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Cold-Rolled Steel Products from Brazil, the People's 
Republic of China, India, Japan, the Republic of Korea, the Russian 
Federation, and the United Kingdom: ``Final Scope Comments Decision 
Memorandum,'' dated May 16, 2016 (Final Scope Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice.\8\ A list of the issues raised 
is attached to this notice as Appendix II. The Issues and 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 https://access.trade.gov and it is available to all 
parties in the Central Records Unit, Room B-8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.
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    \8\ See Memorandum to Paul Piquado, Assistant Secretary for 
Enforcement and Compliance, from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations 
``Issues and Decision Memorandum for the Final Determination of the 
Antidumping Duty Investigation of Certain Cold-Rolled Steel Flat 
Products from the United Kingdom'' (July 20, 2016) (Issues and 
Decision Memorandum).
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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in March and April 2016, the Department verified the sales 
and cost data reported by the mandatory respondents, pursuant to 
section 782(i) of the Act. We used standard verification procedures, 
including an examination of relevant accounting and production records, 
and original source documents provided by the respondents.\9\
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    \9\ See Memorandum to the File entitled ``Certain Cold-Rolled 
Steel Flat Products from the United Kingdom: Home-Market and Export-
Price Sales Verification of Caparo Precision Strip, Ltd.,'' dated 
April 1, 2016, Memorandum to the File entitled ``Certain Cold-Rolled 
Steel Flat Products from the United Kingdom: Home-Market and Export-
Price Sales Verification of Tata Steel UK Ltd.,'' dated April 4, 
2016, Memorandum to the File entitled ``Certain Cold-Rolled Steel 
Flat Products from the United Kingdom: Constructed-Export-Price 
Sales Verification of Tata Steel UK Ltd.,'' dated May 4, 2016, 
Memorandum to the File entitled ``Certain Cold-Ro11ed Steel Flat 
Products from the United Kingdom: Constructed-Export-Price Sales 
Verification of Caparo Precision Strip, Ltd.,'' dated May 5, 2016, 
Memorandum to the File entitled ``Verification of the Cost Response 
of Caparo Precision Strip, Ltd., in the Antidumping Duty 
Investigation of Certain Cold-Rolled Steel Flat Products from the 
United Kingdom,'' dated May 31, 2016, and Memorandum to the File 
entitled ``Verification of the Cost Response of Tata Steel UK Ltd. 
in the Antidumping Duty Investigation of Certain Cold-Rolled Steel 
Flat Products from the United Kingdom,'' dated May 31, 2016.

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[[Page 49930]]

Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Caparo and TSUK. For a discussion of these changes, see the ``Margin 
Calculations'' and ``Comparisons to Fair Value'' sections of the Issues 
and Decision Memorandum. We have also revised the all-others rate.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act. Therefore, we calculated the all-others rate based on a 
weighted average of the dumping margins calculated for the mandatory 
respondents using each company's publicly-ranged values for the 
merchandise under consideration.\10\
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    \10\ We followed our normal practice, which is, with two 
respondents, we calculate (A) a weighted-average of the dumping 
margins calculated for the mandatory respondents; (B) a simple 
average of the dumping margins calculated for the mandatory 
respondents; and (C) a weighted-average of the dumping margins 
calculated for the mandatory respondents using each company's 
publicly-ranged values for the merchandise under consideration. We 
then compare (B) and (C) to (A) and select the rate closest to (A) 
as the most appropriate rate for all other companies. See Ball 
Bearings and Parts Thereof From France, Germany, Italy, Japan, and 
the United Kingdom: Final Results of Antidumping Duty Administrative 
Reviews, Final Results of Changed-Circumstances Review, and 
Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 
2010).
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Final Determination

    The Department determines that the final weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         margin
                                                               (percent)
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Caparo Precision Strip, Ltd./Liberty Performance Steels             5.40
 Ltd.\11\...................................................
Tata Steel UK Ltd...........................................       25.56
All-Others..................................................       22.92
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Disclosure
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    \11\ We determined that Liberty Performance Steels Ltd. is the 
successor-in-interest to Caparo Precision Strip, Ltd. See Issues and 
Decision Memorandum at Comment 7.
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    We intend to disclose the calculations performed to interested 
parties within five days of the public announcement of this final 
determination in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of cold-rolled steel 
from the United Kingdom, as described in Appendix I of this notice, 
which were entered, or withdrawn from warehouse, for consumption on or 
after March 7, 2016, the date of publication of the Preliminary 
Determination of this investigation in the Federal Register.
    Further, pursuant to section 735(c)(1)(B)(ii) of the Act, CBP shall 
require a cash deposit equal to the estimated amount by which the 
normal value exceeds the U.S. price, as follows: (1) For the exporters/
producers listed in the table above, the cash deposit rates will be 
equal to the dumping margin which the Department determined in this 
final determination; (2) if the exporter is not a firm identified in 
this investigation but the producer is, the rate will be the rate 
established for the producer of the subject merchandise; (3) the rate 
for all other producers or exporters will be 22.92 percent, as 
discussed in the ``All Others Rate'' section, above. These instructions 
suspending liquidation will remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of cold-rolled 
steel from the United Kingdom no later than 45 days after our final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated and 
all cash deposits will be refunded. If the ITC determines that such 
injury does exist, the Department will issue an antidumping duty order 
directing CBP to assess, upon further instruction by the Department, 
antidumping duties on all imports of the subject merchandise entered, 
or withdrawn from warehouse, for consumption on or after the effective 
date of the suspension of liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials, or conversion to judicial 
protective order, is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a violation subject to sanction.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

    Dated: July 20, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation are certain cold-
rolled (cold-reduced), flat-rolled steel products, whether or not 
annealed, painted, varnished, or coated with plastics or other non-
metallic substances. The products covered do not include those that 
are clad, plated, or coated with metal. The products covered include 
coils that have a width or other lateral measurement (``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

[[Page 49931]]

    (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, high strength low alloy (HSLA) steels, motor 
lamination steels, Advanced High Strength Steels (AHSS), and Ultra 
High Strength Steels (UHSS). 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. Motor lamination steels contain micro-alloying levels of 
elements such as silicon and aluminum. AHSS and UHSS are considered 
high tensile strength and high elongation steels, although AHSS and 
UHSS are covered whether or not they are high tensile strength or 
high elongation steels.
    Subject merchandise includes cold-rolled 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 investigation 
if performed in the country of manufacture of the cold-rolled 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 
investigation unless specifically excluded. The following products 
are outside of and/or specifically excluded from the scope of this 
investigation:
     Ball bearing steels;\12\
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    \12\ Ball bearing steels are defined as steels which contain, in 
addition to iron, each of the following elements by weight in the 
amount specified: (i) Not less than 0.95 nor more than 1.13 percent 
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of 
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) 
none, or not more than 0.03 percent of phosphorus; (v) not less than 
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 
nor more than 1.65 percent of chromium; (vii) none, or not more than 
0.28 percent of nickel; (viii) none, or not more than 0.38 percent 
of copper; and (ix) none, or not more than 0.09 percent of 
molybdenum.
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     Tool steels;\13\
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    \13\ Tool steels are defined as steels which contain the 
following combinations of elements in the quantity by weight 
respectively indicated: (i) More than 1.2 percent carbon and more 
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon 
and 1.25 percent or more but less than 10.5 percent chromium; or 
(iii) not less than 0.85 percent carbon and 1 percent to 1.8 
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, 
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, 
molybdenum; or (v) not less than 0.5 percent carbon and not less 
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent 
carbon and not less than 5.5 percent tungsten.
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     Silico-manganese steel;\14\
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    \14\ Silico-manganese steel is defined as steels containing by 
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or 
more but not more than 1.9 percent of manganese, and (iii) 0.6 
percent or more but not more than 2.3 percent of silicon.
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     Grain-oriented electrical steels (GOES) as defined in 
the final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel From Germany, Japan, and Poland.\15\
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    \15\ See Grain-Oriented Electrical Steel From Germany, Japan, 
and Poland: Final Determinations of Sales at Less Than Fair Value 
and Certain Final Affirmative Determination of Critical 
Circumstances, 79 FR 42501, 42503 (Dep't of Commerce, July 22, 
2014). This determination defines grain-oriented electrical steel as 
``a flat-rolled alloy steel product containing by weight at least 
0.6 percent but not more than 6 percent of silicon, not more than 
0.08 percent of carbon, not more than 1.0 percent of aluminum, and 
no other element in an amount that would give the steel the 
characteristics of another alloy steel, in coils or in straight 
lengths.''
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     Non-Oriented Electrical Steels (NOES), as defined in 
the antidumping orders issued by the U.S. Department of Commerce in 
Non-Oriented Electrical Steel From the People's Republic of China, 
Germany, Japan, the Republic of Korea, Sweden, and Taiwan.\16\
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    \16\ See Non-Oriented Electrical Steel From the People's 
Republic of China, Germany, Japan, the Republic of Korea, Sweden, 
and Taiwan: Antidumping Duty Orders, 79 FR 71741, 71741-42 (Dep't of 
Commerce, Dec. 3, 2014). The orders define NOES as ``cold-rolled, 
flat-rolled, alloy steel products, whether or not in coils, 
regardless of width, having an actual thickness of 0.20 mm or more, 
in which the core loss is substantially equal in any direction of 
magnetization in the plane of the material. The term `substantially 
equal' means that the cross grain direction of core loss is no more 
than 1.5 times the straight grain direction (i.e., the rolling 
direction) of core loss. NOES has a magnetic permeability that does 
not exceed 1.65 Tesla when tested at a field of 800 A/m (equivalent 
to 10 Oersteds) along (i.e., parallel to) the rolling direction of 
the sheet (i.e., B800 value). NOES contains by weight more than 1.00 
percent of silicon but less than 3.5 percent of silicon, not more 
than 0.08 percent of carbon, and not more than 1.5 percent of 
aluminum. NOES has a surface oxide coating, to which an insulation 
coating may be applied.''
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    The products subject to this investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7209.15.0000, 7209.16.0030, 
7209.16.0060, 7209.16.0070, 7209.16.0091, 7209.17.0030, 
7209.17.0060, 7209.17.0070, 7209.17.0091, 7209.18.1530, 
7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 
7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 
7209.27.0000, 7209.28.0000, 7209.90.0000, 7210.70.3000, 
7211.23.1500, 7211.23.2000, 7211.23.3000, 7211.23.4500, 
7211.23.6030, 7211.23.6060, 7211.23.6090, 7211.29.2030, 
7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 
7225.50.8080, 7225.99.0090, 7226.92.5000, 7226.92.7050, and 
7226.92.8050. The products subject to the investigation may also 
enter under the following HTSUS numbers: 7210.90.9000, 7212.50.0000, 
7215.10.0010, 7215.10.0080, 7215.50.0016, 7215.50.0018, 
7215.50.0020, 7215.50.0061, 7215.50.0063, 7215.50.0065, 
7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 
7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 
7217.90.5060, 7217.90.5090, 7225.19.0000, 7226.19.1000, 
7226.19.9000, 7226.99.0180, 7228.50.5015, 7228.50.5040, 
7228.50.5070, 7228.60.8000, and 7229.90.1000.
    The HTSUS subheadings above are provided for convenience and 
U.S. Customs purposes only. The written description of the scope of 
the investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Investigation
IV. Margin Calculations
V. Comparisons to Fair Value
VI. Discussion of Issues
    Comment 1: Level of Trade (TSUK)
    Comment 2: Home-Market Freight Revenue (TSUK)
    Comment 3: CEP Credit Expense (TSUK)
    Comment 4: Home-Market Credit Expense (Caparo)
    Comment 5: Quality Codes (Caparo)
    Comment 6: Date of Sale (Caparo)
    Comment 7: Successor-in-Interest (Caparo)
    Comment 8: Restructuring and Impairment Costs (TSUK)
    Comment 9: Raw Materials Costs (TSUK)
    Comment 10: Energy Costs (TSUK)
    Comment 11: Verification Corrections (TSUK)
    Comment 12: Verification Corrections (Caparo)
VII. Recommendation

[FR Doc. 2016-17940 Filed 7-28-16; 8:45 am]
 BILLING CODE 3510-DS-P