[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Notices]
[Pages 64432-64435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22613]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-843, A-533-865, A-580-881, A-412-824]


Certain Cold-Rolled Steel Flat Products from Brazil, India, the 
Republic of Korea, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Brazil and the United Kingdom and 
Antidumping Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the U.S. International Trade Commission 
(the ITC), the Department is issuing antidumping duty (AD) orders on 
certain cold-rolled steel flat products (cold-rolled steel) from 
Brazil, India, the Republic of Korea (Korea), and the United Kingdom. 
In addition, the Department is amending its final determinations of 
sales at less-than-fair value (LTFV) from Brazil and the United 
Kingdom, to correct ministerial errors.

DATES: Effective September 20, 2016.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla at (202) 482-3477 
(Brazil); Patrick O'Connor at (202) 482-0989 (India); Victoria Cho at 
(202) 482- 5075 (Korea); or Thomas Schauer at (202) 482-0410 (the 
United Kingdom), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), on July 29, 2016, the Department made 
final determinations that cold-rolled steel from Brazil, India, Korea, 
Russia, and the United Kingdom is being sold in the United States at 
less-than-fair value.\1\
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    \1\ See Certain Cold-Rolled Steel Flat Products From Brazil: 
Final Determination of Sales at Less Than Fair Value, 81 FR 44946 
(July 29, 2016) (Brazil Final); Certain Cold-Rolled Steel Flat 
Products From India: Final Determination of Sales at Less Than Fair 
Value; 81 FR 49938 (July 29, 2016) (India Final); Certain Cold-
Rolled Steel Flat Products From the Republic of Korea: Final 
Determination of Sales at Less Than Fair Value, 81 FR 49953 (July 
29, 2016) (Korea Final); Certain Cold-Rolled Steel Flat Products 
From the Russian Federation: Final Determination of Sales at Less 
Than Fair Value and Final Affirmative Determination of Critical 
Circumstances, in Part, 81 FR 49950 (July 29, 2016) (Russia Final); 
and Certain Cold-Rolled Steel Flat Products From the United Kingdom: 
Final Determination of Sales at Less Than Fair Value, 81 FR 49929 
(July 29, 2016) (UK Final).

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[[Page 64433]]

    On July 29, 2016, U.S. Steel, one of the petitioners,\2\ submitted 
a timely filed allegation that the Department made certain ministerial 
errors in calculating the weighted-average dumping margin for Companhia 
Siderurgica Nacional (CSN) in the Brazil Final. We reviewed U.S. 
Steel's allegations and determined that we made certain ministerial 
errors. See ``Amendment to the Brazil and United Kingdom Final 
Determinations'' section below for further discussion.
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    \2\ AK Steel Corporation (AK Steel), ArcelorMittal USA LLC, 
Nucor Corporation, Steel Dynamics, Inc., and United States Steel 
Corporation (U.S. Steel) (collectively, the petitioners).
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    On July 27 and 29, 2016, Tata Steel UK Ltd. (TSUK) and AK Steel, 
one of the petitioners, submitted timely filed allegations that the 
Department made certain ministerial errors in calculating the weighted-
average dumping margin for TSUK in the UK Final. We reviewed the 
allegations and determined that we made certain ministerial errors. See 
``Amendment to the Brazil and United Kingdom Final Determinations'' 
section below for further discussion.
    On September 12, 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)(i) of the 
Act, by reason of the LTFV imports of certain cold-rolled steel flat 
products from Brazil, India, the Republic of Korea, and the United 
Kingdom.\3\ In the same letter, the ITC notified the Department of its 
negative determination that an industry in the United States is 
materially injured within the meaning of section 735(b)(1)(A)(i) of the 
Act, by reason of the LTFV imports of certain cold-rolled steel flat 
products from Russia.\4\
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    \3\ 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 cold-rolled steel flat products from Brazil, India, Korea, 
Russia, and the United Kingdom (September 12, 2016) (ITC Letter). 
See also Cold-Rolled Steel Flat Products from Brazil, India, Korea, 
Russia, and the United Kingdom (Investigation Nos. 701-TA-540-544 
and 731-TA-1283-1290 (Final), USITC Publication 4564, September 
2016).
    \4\ Id.
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Scope of the Orders

    The product covered by these orders is certain cold-rolled steel 
flat products. For a complete description of the scope of these orders, 
see Appendix I.

Amendment to the Brazil and United Kingdom Final Determinations

    As discussed above, after analyzing the comments received from U.S. 
Steel, we determined, in accordance with section 735(e) of the Act and 
and 19 CFR 351.224(f), that we made ministerial errors with regard to 
CSN's margin program by incorrectly referencing two variable names in 
revising the company's further manufacturing cost for its U.S. sales. 
This amended final AD determination corrects these ministerial errors. 
In addition, because the Department used CSN's final margin as the all-
others rate, the amended final AD determination also revises the ``all-
others'' rate accordingly. The dumping margins reported in this notice 
reflect the correction of these ministerial errors.
    As discussed above, after analyzing the comments received from TSUK 
and AK Steel, we determined, in accordance with section 735(e) of the 
Act and and 19 CFR 351.224(f), that we made ministerial errors with 
respect to the calculation of a partial adverse facts available market 
price used for the transactions disregarded analysis of TSUK's 
affiliated electricity purchases. This amended final AD determination 
corrects those errors. In addition, because the Department calculated 
the ``all-others'' rate based on a weighted average of the respondents' 
margins using publicly-ranged quantities for their sales of subject 
merchandise, this amended final AD determination also revises the all-
others rate accordingly. The dumping margins reported in this notice 
reflect the correction of these ministerial errors.

Antidumping Duty Orders

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC has notified the Department of its final determinations that an 
industry in the United States is materially injured by reason of LTFV 
imports of certain cold-rolled steel flat products from Brazil, India, 
Korea, and the United Kingdom.\5\ Therefore, in accordance with section 
735(c)(2) of the Act, we are publishing these AD orders. Because the 
ITC determined that LTFV imports of certain cold-rolled steel flat 
products from Brazil, India, Korea, and the United Kingdom are 
materially injuring a U.S. industry, unliquidated entries of such 
merchandise from Brazil, India, Korea, and the United Kingdom, entered 
or withdrawn from warehouse for consumption, are subject to the 
assessment of antidumping duties.
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    \5\ See ITC Letter.
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    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of certain cold-rolled steel flat 
products from Brazil, India, Korea, and the United Kingdom. Antidumping 
duties will be assessed on unliquidated entries of certain cold-rolled 
steel flat products from Brazil, India, Korea, and the United Kingdom 
entered, or withdrawn from warehouse, for consumption on or after March 
7, 2016, the date of publication of the preliminary determinations,\6\ 
but will not include entries occurring after the expiration of the 
provisional measures period and before publication of the ITC's final 
injury determination, as further described below.
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    \6\ 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) (Brazil Prelim); 
Certain Cold-Rolled Steel Flat Products From India: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination and Extension of Provisional 
Measures, 81 FR 11741 (March 7, 2016) (India Prelim); Certain Cold-
Rolled Steel Flat Products From the Republic of Korea: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 81 FR 11757 (March 7, 2016) 
(Korea Prelim); and 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) (UK 
Prelim).
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Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to suspend liquidation on all relevant entries of certain 
cold-rolled steel flat products from Brazil, India, Korea, and the 
United Kingdom. These instructions suspending liquidation will remain 
in effect until further notice.
    We will also instruct CBP to require cash deposits equal to the 
amounts as indicated below, adjusted for certain countervailable 
subsidies, where appropriate. Accordingly, effective on the date of 
publication of the ITC's final affirmative injury determinations, CBP 
will require, at the same time as importers would normally deposit 
estimated duties on this subject merchandise, a cash deposit equal to 
the estimated weighted-average dumping margins listed below.\7\ The 
relevant all-others rates apply to all producers or exporters not 
specifically listed. For the purpose of determining cash deposit rates, 
the estimated weighted-average dumping margins for imports of subject 
merchandise from Brazil, India, and

[[Page 64434]]

Korea, have been adjusted, as appropriate, for export subsidies found 
in the final determination of the companion countervailing duty 
investigations of this merchandise imported from Brazil, India, and 
Korea.\8\
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    \7\ See section 736(a)(3) of the Act.
    \8\ See Brazil Final, 81 FR at 49947-8, India Final, 81 FR at 
49939, and Korea Final, 81 FR at 49954-5. See also section 
772(c)(1)(C) of the Act.

                                 Brazil
------------------------------------------------------------------------
                                             Weighted-
                                              average      Cash-deposit
            Exporter/Producer                 margin      rate (percent)
                                             (percent)          \9\
------------------------------------------------------------------------
Companhia Siderurgica Nacional..........           19.58           15.49
Usiminas Siderurgicas de Minas Gerais              35.43           31.66
 S.A. (Usiminas)........................
All-Others..............................           19.58           15.49
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                                  India
------------------------------------------------------------------------
                                             Weighted-
                                              average      Cash-deposit
            Exporter/Producer                 margin      rate (percent)
                                             (percent)          \9\
------------------------------------------------------------------------
JSW Steel Limited/JSW Coated Products               7.60            6.70
 Limited................................
All-Others..............................            7.60            6.70
------------------------------------------------------------------------


                            Republic of Korea
------------------------------------------------------------------------
                                             Weighted-
                                              average      Cash-deposit
            Exporter/Producer                 margin         rate \9\
                                             (percent)
------------------------------------------------------------------------
Hyundai Steel Company...................           34.33           34.33
POSCO and Daewoo International                      6.32            0.00
 Corporation............................
All-Others..............................           20.33           20.33
------------------------------------------------------------------------


                             United Kingdom
------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                    Exporter/Producer                         margin
                                                             (percent)
------------------------------------------------------------------------
Caparo Precision Strip, Ltd./Liberty Performance Steels             5.40
 Ltd....................................................
Tata Steel UK Ltd.......................................           25.17
All-Others..............................................           22.58
------------------------------------------------------------------------

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months, except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of certain cold-rolled steel flat products from Brazil, 
India, Korea, and the United Kingdom, we extended the four-month period 
to six months in each case.\10\ In the underlying investigations, the 
Department published the preliminary determinations on March 7, 2016. 
Therefore, the extended period, beginning on the date of publication of 
the preliminary determinations, ended on September 2, 2016. 
Furthermore, section 737(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination.
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    \9\ The cash deposit rates are adjusted to account for the 
applicable export subsidy rates.
    \10\ See Brazil Prelim, India Prelim, Korea Prelim, and UK 
Prelim.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of certain cold-rolled steel flat products from 
Brazil, India, Korea, and the United Kingdom entered, or withdrawn from 
warehouse, for consumption after September 2, 2016, until and through 
the day preceding the date of publication of the ITC's final injury 
determinations in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final determination in 
the Federal Register.

Notifications to Interested Parties

    This notice constitutes the AD orders with respect to cold-rolled 
steel from Brazil, India, Korea, and the United Kingdom, pursuant to 
section 736(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 listed of AD orders currently in 
effect.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 351.211(b).

    Dated: September 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Orders

    The products covered by these orders 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

[[Page 64435]]

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 these orders 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 orders 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 these orders 
unless specifically excluded. The following products are outside of 
and/or specifically excluded from the scope of these orders:
     Ball bearing steels; \11\
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    \11\ 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; \12\
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    \12\ 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; \13\
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    \13\ 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.\14\
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    \14\ 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 (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.\15\
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    \15\ 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 (December 
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 these orders 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 these orders 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 orders is dispositive.
[FR Doc. 2016-22613 Filed 9-19-16; 8:45 am]
 BILLING CODE 3510-DS-P