[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 49946-49949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17951]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-843]


Certain Cold-Rolled Steel Flat Products From Brazil: 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 Brazil 
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: Hermes Pinilla, 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) 482-3477.

SUPPLEMENTARY INFORMATION: 

Background

    On March 7, 2016, the Department published the Preliminary 
Determination of this antidumping duty (AD) investigation.\1\ On April 
7, 2016, we amended our Preliminary Determination.\2\
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    \1\ See Certain Cold-Rolled Steel Flat Products From Brazil: 
Affirmative Preliminary Determination of Sales at Less Than Fair 
Value, Postponement of Final Determination and Extension of 
Provisional Measures, 81 FR 11754 (March 7, 2016) (Preliminary 
Determination).
    \2\ See Certain Cold-Rolled Steel Flat Products From Brazil: 
Amended Preliminary Determination of Sales at Less Than Fair Value, 
81 FR 20366 (April 7, 2016) (Amended Preliminary Determination).
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    The following events occurred since the Amended Preliminary 
Determination was issued. In June 2016, U.S. Steel and Steel Dynamics, 
Inc.,\3\ and CSN submitted case briefs \4\ and rebuttal briefs.\5\
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    \3\ The petitioners in this case are 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 U.S. Steel, ``Certain Cold-Rolled Steel Flat 
Products From Brazil, Antidumping Investigation: Case Brief'' (June 
17, 2016); Letter from Steel Dynamics, Inc., ``Certain Cold-Rolled 
Steel Flat Products From Brazil,: SDI's Case Brief'' (June 17, 
2016); Letter from CSN, ``Certain Cold-Rolled Steel Flat Products 
from Brazil and Certain Hot-Rolled Steel Flat Products from Brazil: 
CSN's Case Brief'' (June 17, 2016).
    \5\ See Letter from U.S. Steel, ``Certain Cold-Rolled Steel Flat 
Products From Brazil, Antidumping Investigation: Rebuttal Brief'' 
(June 22, 2016); Letter from CSN, ``Certain Cold-Rolled Steel Flat 
Products from Brazil: CSN's Rebuttal Brief'' (June 22, 2016).

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[[Page 49947]]

Scope of the Investigation

    The products covered by this investigation are cold-rolled steel 
from Brazil. 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 record 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, 
``Scope Comments Decision Memorandum for the Final Determinations'' 
dated concurrently with this notice.
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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 Brazil'' (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 April and May 2016, the Department verified the sales and 
cost data reported by Companhia Siderurgica Nacional (CSN), 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 respondent.\9\
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    \9\ See Memoranda to the File: ``Certain Cold-Rolled Steel Flat 
Products from Brazil: Sales Verification Report for Companhia 
Siderugica Nacional,'' dated May 20, 2016; ``Certain Cold-Rolled 
Steel Flat Products from Brazil: Sales Verification Report for 
Companhia Siderugica Nacional LLC USA,'' dated June 2, 2016; 
``Verification of the Further Manufacturing Response of Companhia 
Siderugica Nacional S.A. in the Antidumping Duty Investigation of 
Cold-Rolled Steel Flat Products from Brazil,'' dated June 3, 2016; 
and, ``Verification of the Cost of Production Response of Companhia 
Siderugica Nacional S.A. in the Antidumping Duty Investigation of 
Certain Cold-Rolled Steel Flat Products from Brazil,'' dated June 8, 
2016.
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Use of Adverse Facts Available

    The Department found in the Preliminary Determination that Usiminas 
Siderurgicas de Minas Gerais S.A. (Usiminas) withheld requested 
information, significantly impeded the proceeding, and did not 
cooperate to the best of its ability in responding to the Department's 
requests for information.\10\ Therefore, in accordance with sections 
776(a)(2)(A) and (C) of the Act, 776(b) of the Act, and 19 CFR 
351.308(a), the Department preliminarily determined the weighted-
average dumping margin for Usiminas based on facts otherwise available 
with an adverse inference and preliminarily selected 35.43 percent as 
the adverse facts-available dumping margin for Usiminas, which is the 
highest margin alleged in the petition.\11\ This rate was assigned to 
Usiminas because Usiminas failed to respond to sections B, C, and D of 
the Department's questionnaire in this investigation.\12\
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    \10\ See Preliminary Determination.
    \11\ See Amended Preliminary Determination. See also, Memorandum 
to the File entitled, ``Corroboration of a Rate Based on Adverse 
Facts Available,'' dated April 1, 2016.
    \12\ Id.
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    The Department received no comments regarding its preliminary 
application of the adverse facts-available dumping margin to Usiminas. 
For the final determination, the Department has not altered its 
analysis or decision to apply the adverse facts-available dumping 
margin to Usiminas.

Changes Since the Preliminary Determination

    Based on our findings at verification and our analysis of the 
comments received, we made certain changes to the margin calculations 
for CSN. 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 and de 
minimis margins, and any margins determined entirely under section 776 
of the Act. For purposes of this final determination, we are assigning 
14.43 percent as the ``all-others'' rate, which is based on the 
estimated dumping margin calculated for CSN, the only mandatory 
respondent for which we calculated a dumping margin.\13\
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    \13\ See Memorandum to the File, ``Antidumping Duty 
Investigation of Certain Cold-Rolled Steel Flat Products from 
Brazil: Calculation of All-Others Rate'' (All-Others Rate 
Memorandum), dated July 20, 2016.
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Final Determination

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

------------------------------------------------------------------------
                                                   Weighted-
                                                    average      Cash
               Exporter/ producer                   dumping     deposit
                                                    margin       rate
                                                   (percent)   (percent)
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Companhia Siderurgica Nacional..................       14.43       10.34
Usiminas Siderurgicas de Minas Gerais S.A.             35.43       31.66
 (Usiminas).....................................
All-Others......................................       14.43       10.34
------------------------------------------------------------------------

Disclosure

    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

[[Page 49948]]

will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of cold-rolled steel 
from Brazil, 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, the Department will instruct CBP to require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price as shown above, adjusted where appropriate for export 
subsidies found in the final determination of the companion 
countervailing duty investigation. Consistent with our longstanding 
practice, where the product under investigation is also subject to a 
concurrent countervailing duty investigation, we instruct CBP to 
require a cash deposit equal to the amount by which the NV exceeds the 
U.S. price, less the amount of the countervailing duty determined to 
constitute any export subsidies.\14\ Therefore, in the event that a 
countervailing duty order is issued and suspension of liquidation is 
resumed in the companion countervailing duty investigation on cold-
rolled steel flat products from Brazil the Department will instruct CBP 
to require cash deposits adjusted by the amount of export subsidies, as 
appropriate. These adjustments are reflected in the final column of the 
rate chart, above.\15\ Until such suspension of liquidation is resumed 
in the companion countervailing duty investigation, and so long as 
suspension of liquidation continues under this antidumping duty 
investigation, the cash deposit rates for this antidumping duty 
investigation will be the rates identified in the weighted-average 
margin column in the rate chart, above.
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    \14\ See, e.g., Welded Line Pipe From the Republic of Turkey: 
Final Determination of Sales at Less Than Fair Value, 80 FR 61362 
(October 13, 2015) and Notice of Final Determination of Sales at 
Less Than Fair Value and Negative Critical Circumstances 
Determination: Bottom Mount Combination Refrigerator-Freezers From 
the Republic of Korea, 77 FR 17413 (March 26, 2012).
    \15\ See Countervailing Duty Investigation of Certain Cold-
Rolled Steel Flat Products From Brazil: Final Affirmative, dated 
July 20, 2016; see also the All-Others Rate Memorandum dated 
concurrently with this notice.
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 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 Brazil 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
    (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

[[Page 49949]]

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; \16\
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    \16\ 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; \17\
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    \17\ 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; \18\
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    \18\ 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.\19\
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    \19\ 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 Fed. Reg. 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.\20\
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    \20\ 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

1. Summary
2. Background
3. Period of Investigation
4. Margin Calculations
5. Comparisons to Fair Value
6. List of Comments
7. Discussion of Comments
    Comment 1: Duty Drawback
    Comment 2: Affiliated Party Sales
    Comment 3: Inventory Carrying Costs
    Comment 4: Credit Revenue
    Comment 5: Model Match
    Comment 6: Whether to Exclude Work-In-Process Quantities from 
CSN LLC's Per-Unit Cost Calculations
    Comment 7: Calculation of CSN LLC's G&A Expense Ratio
    Comment 8: Whether to Use a Consolidated or Non-Consolidated 
Financial Expense Ratio
    Comment 9: Financial Expense Ratio to be applied to Further 
Manufacturing Costs
    Comment 10: The Market Value for Affiliated Energy Inputs
    Comment 11: The Market Value for Affiliated Rail Freight Inputs
    Comment 12: The Market Value for Affiliated Port Management 
Services
    Comment 13: Whether to Include Certain Expenses Recorded 
Directly to Cost of Goods Sold (COGS)
    Comment 14: Calculation of CSN's G&A Expense Ratio
8. Recommendation

[FR Doc. 2016-17951 Filed 7-28-16; 8:45 am]
 BILLING CODE 3510-DS-P