[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Notices]
[Pages 48592-48594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20845]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-845]


Certain Hot-Rolled Steel Flat Products From Brazil: Final Results 
of Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) determines that certain 
hot-rolled carbon steel flat products from Brazil are being, or are 
likely to be, sold at less than normal value during the period of 
review (POR), March 22, 2016, through September 30, 2017.

DATES: Applicable September 26, 2018.

FOR FURTHER INFORMATION CONTACT: Jessica Pomper or Peter Zukowski, 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) 482-9122 or (202) 
482-0189, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The review covers six producers and/or exporters of the subject 
merchandise. Commerce selected one mandatory respondent, Companhia 
Siderurgica Nacional (CSN), for individual examination. The producers/
exporters that were not selected for individual examination are listed 
in the ``Final Results of the Review'' section of this notice.
    On July 13, 2018, Commerce published the Preliminary Results.\1\ 
Although we invited parties to comment on the preliminary results of 
the review, no interested party submitted comments. Accordingly, we are 
adopting unchanged the Preliminary Results for these final results and 
no decision memorandum accompanies this Federal Register notice. 
Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).
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    \1\ See Certain Hot-Rolled Steel Flat Products from Brazil: 
Preliminary Results of the Antidumping Duty Administrative Review; 
2016-2017, 83 FR 32632 (July 13, 2018) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum.
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Scope of the Order

    The products covered by this order are certain hot-rolled steel 
flat products from Brazil. For a complete description of the scope of 
this order, please refer to the Appendix to this notice.

Methodology

    In the Preliminary Results, Commerce relied upon facts otherwise 
available with adverse inferences (AFA) to determine an antidumping 
margin for CSN because this mandatory respondent did not respond to 
Commerce's antidumping duty questionnaire. Because no parties commented 
on the Preliminary Results, we are adopting in these final results of 
review the decisions outlined in the Preliminary Results. In accordance 
with the U.S. Court of Appeals for the Federal Circuit's decision in 
Albemarle Corp. v. United States,\2\ we are applying to the non-
selected respondents the adjusted dumping margin we are applying to CSN 
in this administrative review.\3\ This is the only margin determined in 
this review for an individual respondent, and thus, it is applicable to 
the non-selected respondents under section 735(c)(5)(B) of the Act.
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    \2\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed. 
Cir. 2016).
    \3\ See, e.g., Diamond Sawblades and Parts Thereof from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2015-2016, 83 FR 17527 (April 20, 2018).
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Adverse Facts Available

    Pursuant to section 776(a) and (b) of the Act, Commerce relied upon 
AFA to determine an antidumping margin for CSN because this respondent 
did not respond to Commerce's antidumping duty questionnaire. For a 
complete explanation of the analysis underlying the application of AFA, 
see Preliminary Results.

Final Results of the Review

    As a result of this review, we are assigning a dumping margin to 
the respondents for the period March 22, 2016, through September 30, 
2017, as follows:

[[Page 48593]]



 
------------------------------------------------------------------------
                                                           Cash deposit
                                                          rate (adjusted
            Exporter/producer             Dumping margin    for export
                                                            subsidies)
------------------------------------------------------------------------
Aperam South America....................           34.28           30.21
ArcelorMittal Brasil....................           34.28           30.21
Companhia Siderurgica Nacional..........           34.28           30.21
Companhia Siderurgica Suape.............           34.28           30.21
Marcegaglia do Brasil...................           34.28           30.21
Usinas Siderurgicas de Minas Gerais SA..           34.28           30.21
------------------------------------------------------------------------

Assessment Rates

    Commerce shall determine, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries. 
Pursuant to section 776(a) and (b) of the Act, Commerce has relied upon 
facts otherwise available with adverse inferences (AFA) for CSN, and 
determined a rate adjusted for export subsidies of 30.21. For the 
companies that were not selected for individual examination, we used as 
the assessment rate the cash deposit rate assigned to CSN. Commerce 
intends to issue assessment instructions to CBP 15 days after the date 
of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for the reviewed 
companies will be the rates shown above; (2) for previously 
investigated companies not listed above, the cash deposit rate will 
continue to be the company-specific rate published for the most 
recently completed segment of this proceeding; (3) if the exporter is 
not a firm covered in this review, or in the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent segment for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 29.07 percent, the 
all-others rate established in the LTFV investigation.\4\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \4\ See Antidumping Duty Order.
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Notification to Importers

    This notice serves as the only reminder to importers of their 
responsibility, under 19 CFR 351.402(f)(2), to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
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 written 
notification of return/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 sanctionable violation.
    We are issuing and publishing this notice of final results of 
administrative review in accordance with sections 751(a)(1) and 777(i) 
of the Act and sections 19 CFR 351.213(h) and 351.221(b)(5).

    Dated: September 19, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, performing the duties of Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations.

Appendix

Scope of the Order

    The products covered by this order are certain hot-rolled, flat-
rolled steel products, with or without patterns in relief, and 
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 
thickness, and 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 of 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 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 unless the resulting measurement makes the product 
covered by the existing antidumping \5\ or countervailing duty \6\ 
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products 
from the Republic of Korea (A-580-836; C-580-837), and
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    \5\ Notice of Amendment of Final Determinations of Sales at Less 
Than Fair Value and Antidumping Duty Orders: Certain Cut-To-Length 
Carbon-Quality Steel Plate Products from France, India, Indonesia, 
Italy, Japan and the Republic of Korea, 65 FR 6585 (February 10, 
2000).
    \6\ Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of 
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate from France, India, Indonesia, 
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000).
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(2) where the width and thickness vary for a specific product (e.g., 
the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.

    Steel products included in the scope of this order are products 
in which: (1) Iron predominates, by weight, over each of the other 
contained elements; (2) the carbon content is 2 percent or less, by 
weight; and

[[Page 48594]]

(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, or
 0.80 percent of molybdenum, or
 0.10 percent of niobium, 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, the 
substrate for 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. The substrate for motor 
lamination steels contains 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 hot-rolled steel that has been 
further processed in a third country, including but not limited to 
pickling, oiling, levelling, annealing, tempering, temper rolling, 
skin passing, 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 hot-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 order 
unless specifically excluded. The following products are outside of 
and/or specifically excluded from the scope of this order:
     Universal mill plates (i.e., hot-rolled, flat-rolled 
products not in coils that have been rolled on four faces or in a 
closed box pass, of a width exceeding 150 mm but not exceeding 1250 
mm, of a thickness not less than 4.0 mm, and without patterns in 
relief);
     Products that have been cold-rolled (cold-reduced) 
after hot-rolling; \7\
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    \7\ For purposes of this scope exclusion, rolling operations 
such as a skin pass, levelling, temper rolling or other minor 
rolling operations after the hot-rolling process for purposes of 
surface finish, flatness, shape control, or gauge control do not 
constitute cold-rolling sufficient to meet this exclusion.
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     Ball bearing steels; \8\
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    \8\ 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; \9\ and
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    \9\ 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 steels.\10\
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    \10\ 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.

    The products subject to this order are currently classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) under 
item numbers: 7208.10.1500, 7208.10.3000, 7208.10.6000, 
7208.25.3000, 7208.25.6000, 7208.26.0030, 7208.26.0060, 
7208.27.0030, 7208.27.0060, 7208.36.0030, 7208.36.0060, 
7208.37.0030, 7208.37.0060, 7208.38.0015, 7208.38.0030, 
7208.38.0090, 7208.39.0015, 7208.39.0030, 7208.39.0090, 
7208.40.6030, 7208.40.6060, 7208.53.0000, 7208.54.0000, 
7208.90.0000, 7210.70.3000, 7211.14.0030, 7211.14.0090, 
7211.19.1500, 7211.19.2000, 7211.19.3000, 7211.19.4500, 
7211.19.6000, 7211.19.7530, 7211.19.7560, 7211.19.7590, 
7225.11.0000, 7225.19.0000, 7225.30.3050, 7225.30.7000, 
7225.40.7000, 7225.99.0090, 7226.11.1000, 7226.11.9030, 
7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.5000, 
7226.91.7000, and 7226.91.8000. The products subject to the order 
may also enter under the following HTSUS numbers: 7210.90.9000, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 
7214.91.0015, 7214.91.0060, 7214.91.0090, 7214.99.0060, 
7214.99.0075, 7214.99.0090, 7215.90.5000, 7226.99.0180, and 
7228.60.6000.
    The HTSUS subheadings above are provided for convenience and 
U.S. Customs purposes only. The written description of the scope of 
the order is dispositive.

[FR Doc. 2018-20845 Filed 9-25-18; 8:45 am]
 BILLING CODE 3510-DS-P