[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Notices]
[Pages 16166-16168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06489]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-043]


Stainless Steel Sheet and Strip From 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 (the Department) and the International Trade Commission (ITC), 
the Department is issuing a countervailing duty order on stainless 
steel sheet and strip from the People's Republic of China.

DATES: Effective April 3, 2017.

FOR FURTHER INFORMATION CONTACT: Spencer Toubia; AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-0123.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with sections 705(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.210(c), on February 8, 2017, 
the Department published its final determination in the countervailing 
duty investigation of stainless steel sheet and strip (stainless sheet 
and strip) from the People's Republic of China (PRC).\1\ On March 24, 
2017, the ITC notified the Department of its final determination that 
an industry in the United States is materially injured by reason of 
subsidized imports of subject merchandise from the PRC within the 
meaning of section 705(b)(1)(A)(i) of the Act, and its determination 
that critical circumstances do not exist with respect to imports of 
subject merchandise from the PRC.\2\
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    \1\ See Countervailing Duty Investigation of Stainless Steel 
Sheet and Strip from the People's Republic of China: Final 
Affirmative Determination, and Final Affirmative Critical 
Circumstances Determination, in Part, 82 FR 9714 (February 8, 2017).
    \2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K. 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding stainless steel sheet and strip from the People's Republic 
of China (March 24, 2017). See also Stainless Steel Sheet and Strip 
from China, Investigation Nos. 701-TA-557 and 731-TA-1312 (Final), 
USITC Publication 4676 (March 2017).
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Scope of the Order

    The product covered by this order is stainless steel sheet and 
strip. 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 notified the Department of its final determinations that the 
industry in the United States producing stainless sheet and strip is 
materially injured by reason of subsidized imports of stainless sheet 
and strip from the PRC and that critical circumstances do not exist 
with respect to imports of subject merchandise from the PRC that are 
subject to the Department's affirmative critical circumstances 
findings. Therefore, in accordance with section 705(c)(2) of the Act, 
we are publishing this countervailing duty order.
    As a result of the ITC's final determination, 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 stainless 
steel sheet and strip entered, or withdrawn from warehouse, for 
consumption on or after July 18, 2016, the date on which the Department 
published its preliminary countervailing duty determination in the 
Federal Register,\3\

[[Page 16167]]

and before November 14, 2016, the date on which the Department 
instructed CBP to discontinue the suspension of liquidation on subject 
merchandise from the PRC, 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 stainless sheet and strip 
from the PRC, made on or after November 14, 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 November 14, 2016, for 
stainless sheet and strip from the PRC, of the suspension of 
liquidation.
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    \3\ See Countervailing Duty Investigation of Stainless Steel 
Sheet and Strip from the People's Republic of China: Preliminary 
Affirmative Determination and Alignment of Final Determination with 
Final Antidumping Duty Determination, 81 FR 46643 (July 18, 2016) 
(Preliminary Determination).
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Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will 
direct CBP to reinstitute the suspension of liquidation of stainless 
sheet and strip from the PRC, effective the date of publication of the 
ITC's notice of final determination 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. On or after the date of 
publication of the ITC's final injury determination in the Federal 
Register, CBP must require, at the same time as importers would 
normally deposit estimated duties on this merchandise, a cash deposit 
equal to the rates noted below:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Shanxi Taigang Stainless Steel Co. Ltd..................           75.60
Ningbo Baoxin Stainless Steel Co., Ltd., Baosteel                 190.71
 Stainless Steel Co Ltd, Baoshan Iron & Steel Co, Ltd.,
 Baosteel Desheng Stainless Steel Co., Ltd, Baosteel
 Co., Ltd., Bayi Iron & Steel Co., Ltd., Ningbo Iron &
 Steel Co., Ltd., Shaoguan Iron & Steel Co., Ltd.,
 Guangdong Shaoguan Iron & Steel Co., Ltd., and
 Zhanjiang Iron & Steel Co., Ltd........................
Daming International Import Export Co Ltd. and Tianjin            190.71
 Taigang Daming Metal Product Co., Ltd..................
All-Others..............................................           75.60
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Critical Circumstances

    With regard to the ITC's negative critical circumstances 
determination on imports of stainless sheet and strip from 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 April 19, 2016 (i.e., 90 
days prior to the date of the publication of the CVD Preliminary 
Determination), but before July 18, 2016 (i.e., the date of publication 
of the CVD Preliminary Determination).

Notifications to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to stainless sheet and strip from the PRC, pursuant to section 706(a) 
of the Act. Interested parties can find a list of antidumping and 
countervailing duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: March 28, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Attachment I

Scope of the Order

    The merchandise covered by this order is stainless steel sheet 
and strip, whether in coils or straight lengths. Stainless steel is 
an alloy steel containing, by weight, 1.2 percent or less of carbon 
and 10.5 percent or more of chromium, with or without other 
elements. The subject sheet and strip is a flat-rolled product with 
a width that is greater than 9.5 mm and with a thickness of 0.3048 
mm and greater but less than 4.75 mm, and that is annealed or 
otherwise heat treated, and pickled or otherwise descaled. The 
subject sheet and strip may also be further processed (e.g., cold-
rolled, annealed, tempered, polished, aluminized, coated, painted, 
varnished, trimmed, cut, punched, or slit, etc.) provided that it 
maintains the specific dimensions of sheet and strip set forth above 
following such processing. The products described include products 
regardless of shape, and include products of either rectangular or 
non-rectangular cross-section where such cross-section is achieved 
subsequent to the rolling process, i.e., products which have been 
``worked after rolling'' (e.g., products which have been beveled or 
rounded at the edges).
    For purposes of the width and thickness requirements referenced 
above: (1) Where the nominal and actual measurements vary, a product 
is within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set forth above; and (2) where the width and thickness vary for a 
specific product (e.g., the thickness of certain products with non-
rectangular cross-section, the width of certain products with non-
rectangular shape, etc.), the measurement at its greatest width or 
thickness applies.
    All products that meet the written physical description, and in 
which the chemistry quantities do not exceed any one of the noted 
element levels listed above, are within the scope of this order 
unless specifically excluded.
    Subject merchandise includes stainless steel sheet and strip 
that has been further processed in a third country, including but 
not limited to cold-rolling, annealing, tempering, polishing, 
aluminizing, coating, painting, varnishing, trimming, cutting, 
punching, and/or slitting, or any other processing that would not 
otherwise remove the merchandise from the scope of the order if 
performed in the country of manufacture of the stainless steel sheet 
and strip.
    Excluded from the scope of this order are the following: (1) 
Sheet and strip that is not annealed or otherwise heat treated and 
not pickled or otherwise descaled; (2) plate (i.e., flat-rolled 
stainless steel products of a thickness of 4.75 mm or more); and (3) 
flat wire (i.e., cold-rolled sections, with a mill edge, rectangular 
in shape, of a width of not more than 9.5 mm).
    The products under order are currently classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheadings 
7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081, 
7219.14.0030, 7219.14.0065, 7219.14.0090, 7219.23.0030, 
7219.23.0060, 7219.24.0030, 7219.24.0060, 7219.32.0005, 
7219.32.0020, 7219.32.0025, 7219.32.0035, 7219.32.0036, 
7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045, 
7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025, 
7219.33.0035, 7219.33.0036, 7219.33.0038, 7219.33.0042, 
7219.33.0044, 7219.33.0045, 7219.33.0070, 7219.33.0080,

[[Page 16168]]

7219.34.0005, 7219.34.0020, 7219.34.0025, 7219.34.0030, 
7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015, 
7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010, 
7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080, 
7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015, 
7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010, 
7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005, 
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 
7220.90.0010, 7220.90.0015, 7220.90.0060, and 7220.90.0080. Although 
the HTSUS subheadings are provided for convenience and customs 
purposes, the written description of the scope of this order is 
dispositive.

[FR Doc. 2017-06489 Filed 3-31-17; 8:45 am]
BILLING CODE 3510-DS-P