[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68504-68508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28252]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-863, A-475-832, A-570-026, A-580-878, A-583-856, C-533-864, C-
475-833, C-570-027, C-580-879, C-583-857]
Antidumping and Countervailing Duty Investigations of Corrosion-
Resistant Steel Products From India, Italy, the People's Republic of
China, the Republic of Korea, and Taiwan: Preliminary Determinations of
Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On June 3, 2015, the Department of Commerce (the Department)
received antidumping duty (AD) and countervailing duty (CVD) petitions
concerning imports of corrosion-resistant steel products (CORE) from
India, Italy, the People's Republic of China (PRC), the Republic of
Korea, and Taiwan.\1\ On July 23,
[[Page 68505]]
2015, the Department received timely allegations that critical
circumstances exist with respect to imports of the merchandise under
investigation.\2\ Based on information provided by Petitioners, data
placed on the record of these investigations by the mandatory
respondents, and data collected by the Department, the Department
preliminarily determines that critical circumstances exist for imports
of CORE from certain producers and exporters from Italy, the PRC,
Korea, and Taiwan.
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\1\ See Petitions for the Imposition of Antidumping and
Countervailing Duties Against Corrosion-Resistant Steel Products
from India, Italy, the People's Republic of China (PRC), the
Republic of Korea, and Taiwan, dated June 3, 2015 (the Petitions).
The petitioners for these investigations are United States Steel
Corporation, Nucor Corporation, ArcelorMittal USA, AK Steel
Corporation, Steel Dynamics, Inc., and California Steel Industries,
Inc. (Petitioners).
\2\ See Corrosion-Resistant Steel Products from India, Italy,
the People's Republic of China, the Republic of Korea, and Taiwan:
Critical Circumstances Allegations, July 23, 2105 (Critical
Circumstances Allegation).
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DATES: Effective date: November 5, 2015.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-3148.
SUPPLEMENTARY INFORMATION:
Background
Section 703(e)(1) of the Tariff Act of 1930, as amended (the Act),
provides that the Department will preliminarily determine that critical
circumstances exist in CVD investigations if there is a reasonable
basis to believe or suspect: (A) that ``the alleged countervailable
subsidy'' is inconsistent with the Subsidies and Countervailing
Measures (SCM) Agreement of the World Trade Organization, and (B) that
there have been massive imports of the subject merchandise over a
relatively short period. Section 733(e)(1) of the Act provides that the
Department will preliminarily determine that critical circumstances
exist in AD investigations if there is a reasonable basis to believe or
suspect: (A)(i) That there is a history of dumping and material injury
by reason of dumped imports in the United States or elsewhere of the
subject merchandise, or (ii) that the person by whom, or for whose
account, the merchandise was imported knew or should have known that
the exporter was selling the subject merchandise at less than its fair
value and that there was likely to be material injury by reason of such
sales, and (B) that there have been massive imports of the subject
merchandise over a relatively short period. Section 19 CFR 351.206
provides that imports must increase by at least 15 percent during the
``relatively short period'' to be considered ``massive'' and defines a
``relatively short period'' as normally being the period beginning on
the date the proceeding begins (i.e., the date the petition is filed)
and ending at least three months later.\3\ The regulations also
provide, however, that, if the Department finds that importers, or
exporters or producers, had reason to believe, at some time prior to
the beginning of the proceeding, that a proceeding was likely, the
Department may consider a period of not less than three months from
that earlier time.\4\
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\3\ See 19 CFR 351.206(i).
\4\ Id.
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Alleged Countervailable Subsidies Are Inconsistent With the SCM
Agreement
To determine whether an alleged countervailable subsidy is
inconsistent with the SCM Agreement, in accordance with section
703(e)(1)(A) of the Act, the Department considered the evidence
currently on the record of the five CVD investigations. Specifically,
as determined in our initiation checklists, the following subsidy
programs, alleged in the Petitions and supported by information
reasonably available to Petitioners, appear to be either export
contingent or contingent upon the use of domestic goods over imported
goods, which would render them inconsistent with the SCM Agreement.
India: Four export-contingent duty exemption/remission
schemes,\5\ four duty and tax exemption programs for ``Export Oriented
Units,'' \6\ the Export Promotion of Capital Goods Scheme,\7\ Pre-
Shipment and Post-Shipment Export Financing,\8\ Market Development
Assistance Scheme,\9\ Market Access Initiative,\10\ Focus Product
Scheme,\11\ Status Certificate Program,\12\ five duty and tax exemption
programs for special economic zones,\13\ Incremental Exports
Incentivisation Scheme,\14\ and three duty and tax exemption programs
provided by the state of Gujarat for special economic zones \15\
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\5\ See India CVD Initiation Checklist, June 23, 2015, at 7-9.
\6\ Id. at 9-12.
\7\ Id. at 12.
\8\ Id. at 13.
\9\ Id. at 13-14
\10\ Id. at 14
\11\ Id. at 14-15.
\12\ Id. at 16.
\13\ Id. at 17-20
\14\ Id. at 23-24.
\15\ Id. at 32-34.
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Italy: Several export-contingent preferential financial
products provided by the Special Section for Export Credit Insurance
\16\
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\16\ See Italy CVD Initiation Checklist, June 23, 2015, at 15-
16.
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The PRC: Export loans,\17\ Income Tax Credits for
Domestically-Owned Companies Purchasing Domestically Produced
Equipment,\18\ Preferential Income Tax Subsidies for Foreign-Invested
Enterprises--Export Oriented FIEs,\19\ Foreign Trade Development Fund
Grants,\20\ Export Assistance Grants,\21\ Programs to Rebate
Antidumping Legal Fees,\22\ Subsidies for Development of Famous Export
Brands and China World Top Brands,\23\ Sub-Central Government Programs
to Promote Famous Export Brands and China World Top Brands,\24\ and
Export Interest Subsidies \25\
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\17\ See PRC CVD Initiation Checklist, June 23, 2015, at 8-9.
\18\ Id. at 18-19.
\19\ Id. at 22.
\20\ Id. at 36-37.
\21\ Id. at 37.
\22\ Id. at 37-38.
\23\ Id. at 38.
\24\ Id. at 39.
\25\ Id. at 40.
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Korea: Several export-contingent preferential financial
products and services provided by the Korean Export-Import Bank
Countervailable Subsidy Programs,\26\ preferential loans from the Korea
Development Bank and Industrial Base Fund,\27\ and export financing
provided by the Korea Trade Insurance Corporation \28\
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\26\ See Korea CVD Initiation Checklist, June 23, 2015, at 10-
12.
\27\ Id. at 13-14.
\28\ Id. at 15-16.
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Taiwan: Grants for International Development Activities \29\
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\29\ See Taiwan CVD Initiation Checklist, June 23, 2015, at 14-
15.
Therefore, the Department preliminarily determines that there are
alleged subsidies in each CVD investigation inconsistent with the SCM
agreement.
History of Dumping and Material Injury/Knowledge of Sales Below Fair
Value and Material Injury
In order to determine whether there is a history of dumping
pursuant to section 733(e)(1)(A)(i) of the Act, the Department
generally considers current or previous AD orders on subject
merchandise from the country in question in the United States and
current orders imposed by other countries with regard to imports of the
same merchandise. The Department has previously issued an AD order on
CORE
[[Page 68506]]
from Korea,\30\ based on nearly identical HTS categories, as well as AD
orders on carbon steel flat products from the PRC.\31\ Moreover, there
are current AD orders imposed by other World Trade Organization members
against certain coated steel products (i.e., carbon steel flat products
either clad, plated or coated with zinc, aluminum, or nickel) from
Korea, the PRC, and Taiwan.\32\ Certain HTS numbers subject to these
orders overlap with HTS numbers listed under our current CORE scope.
Therefore, there is a history of dumping of subject merchandise
exported from Korea, the PRC, and Taiwan.
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\30\ See 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).
\31\ See Suspension Agreement on Certain Cut-to-Length Carbon
Steel Plate From the People's Republic of China; Termination of
Suspension Agreement and Notice of Antidumping Duty Order, 68 FR
60081 (October 21, 2003) and Notice of the Antidumping Duty Order:
Certain Hot-Rolled Carbon Steel Flat Products From the People's
Republic of China, 66 FR 59561 (November 29, 2001).
\32\ See Australia--AD/CVD Order on Zinc Coated (Galvanised)
Steel and Aluminum Zinc Coated Steel from the PRC, Korea, and
Taiwan, Commonwealth of Australia Gazette, Anti-Dumping Duty Notice
No. 2013/66 (August 5, 2013); Thailand--AD Order on Painted Hot Dip
Galvanized Cold Rolled Steel and Painted Hot Dip Cold Rolled Steel
Plated or Coated with Aluminum Zinc Alloys and Certain Hot Dip Cold
Rolled Steel Plated or Coated with Aluminum Zinc Alloys from the
PRC, Korea, and Taiwan: Royal Thai Gazette, Vol. 130, Special
Section 3 (October 1, 2013) (updated re unpainted products, Royal
Thai Gazette, Vol. 132, Special Section 32 (September 2, 2015));
Colombia--AD Order on Galvanized Smooth Sheet from the PRC: Diario
Oficial, No. 49.084 (March 6, 2014); and Russia--AD Order on Cold-
Rolled Flat Steel Products with Polymer Coating from the PRC:
Eurasian Economic Commission, Decision No. 49 (May 24, 2012).
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To determine whether importers knew or should have known that
exporters were selling at less than fair value, we typically consider
the magnitude of dumping margins, including margins alleged in
petitions.\33\ The Department has found margins of 15 to 25 percent
(depending on whether sales are export price sales or constructed
export price sales) to be sufficient for this purpose.\34\ Dumping
margins alleged in all five AD petitions are significantly above the 15
to 25 percent threshold: 71.09 percent (India),\35\ 123.76 percent
(Italy),\36\ 80.06 percent (Korea),\37\ 120.20 percent (the PRC),\38\
and 84.40 percent (Taiwan).\39\ Therefore, on that basis, we
preliminarily conclude importers knew or should have known exporters in
all five countries were selling at less than fair value.
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\33\ See, e.g., Notice of Preliminary Determinations of Critical
Circumstances: Certain Cold-Rolled Carbon Steel Flat Products from
Australia, the People's Republic of China, India, the Republic of
Korea, the Netherlands, and the Russian Federation, 67 FR 19157,
19158 (April 18, 2002) (unchanged in the final determination).
\34\ See, e.g., Preliminary Determination of Sales at Less Than
Fair Value: Certain Cut-to-Length Carbon Steel Plate from the
People's Republic of China, 62 FR 31972, 31978 (June 11, 1997)
(unchanged in the final determination) and Notice of Preliminary
Determination of Sales at Less Than Fair Value, Negative Preliminary
Determination of Critical Circumstances and Postponement of Final
Determination: Certain Frozen and Canned Warmwater Shrimp From the
Socialist Republic of Vietnam, 69 FR 42672 (July 16, 2004)
(unchanged in the final determination).
\35\ The Petitions, Volume VI at 5.
\36\ Id., Volume IX at 28.
\37\ Id., Volume IV at 13.
\38\ Id., Volume II at 15.
\39\ Id., Volume X at 7.
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To determine whether importers knew or should have known that there
was likely to be material injury, we typically consider the preliminary
injury determinations of the International Trade Commission (ITC).\40\
If the ITC finds material injury (as opposed to the threat of injury),
we normally find that the ITC's determination provided importers with
sufficient knowledge of injury. Where, as in this case,\41\ the ITC
finds only threat of material injury, the Department may consider
additional sources of information, such as trade and price statistics
or press reports.\42\ Petitioners placed several press reports on the
record indicating injury. For example: U.S. steel companies are
struggling against a combination of lower oil prices, oversupply and
excessive imports fed by a strong dollar. Those headwinds have become a
perfect storm that could lead to more idled plants and layoffs, and
spur a major international trade case against China, which steel makers
accuse of undercutting the market with artificially low-priced product.
U.S. Steel executives have expressed the great concern about cheap
imports. On Thursday, CEO and President Mario Longhi testified before
the Congressional Steel Caucus and warned of long-term damage to
domestic steel makers from what the industry says is illegal dumping by
foreign companies. China's state-subsidized industry continue to pump
out steel, even as demand slows at home. That has led to surging
exports, particularly to the United States.\43\
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\40\ See, e.g., Certain Potassium Phosphate Salts from the
People's Republic of China: Preliminary Affirmative Determination of
Critical Circumstances in the Antidumping Duty Investigation, 75 FR
24572, 24573 (May 5, 2010), unchanged in Certain Potassium Phosphate
Salts from the People's Republic of China: Final Determination of
Sales at Less Than Fair Value and Termination of Critical
Circumstances Inquiry, 75 FR 30377 (June 1, 2010).
\41\ See Certain Corrosion-Resistant Steel Products From China,
India, Italy, Korea, and Taiwan, Investigation Nos. 701-TA-534-538
and 731-TA-1274-1278 (Preliminary), 80 FR 44151 (July 24, 2015).
\42\ See, e.g., Notice of Final Determination of Sales at Less
Than Fair Value: Hot-Rolled Flat-Rolled Carbon-Quality Steel
Products from Japan, 64 FR 24329 (May 6, 1999) at Comment 2.
\43\ Critical Circumstances Allegation at Exhibit 8 (article
published in the Pittsburgh Tribune).
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In addition, the Department has relied on massive imports and high
dumping margins as factors indicating importers knew or should have
known that there was likely to be material injury.\44\ As noted above,
dumping margins alleged in the five AD petitions range from 71.09
percent to 123.76 percent. As discussed below, we have determined
imports were massive for certain producers/exporters shipping from
Italy, Korea, the PRC, and Taiwan. Therefore, we preliminarily conclude
importers knew or should have known that there was likely to be
material injury as a result of sales sold at less than fair value,
exported from all five countries.
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\44\ Final Determination of Sales at Less Than Fair Value:
Certain Cut-to-Length Carbon Steel Plate From the People's Republic
of China, 62 FR 61964, 61967 (November 20, 1997).
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Massive Imports
In determining whether there are ``massive imports'' over a
``relatively short period,'' pursuant to sections 703(e)(1)(B) and
733(e)(1)(B) of the Act, the Department normally compares the import
volumes of the subject merchandise for at least three months
immediately preceding the filing of the petition (i.e., the ``base
period'') to a comparable period of at least three months following the
filing of the petition (i.e., the ``comparison period''). Imports
normally will be considered massive when imports during the comparison
period have increased by 15 percent or more compared to imports during
the base period.
Based on evidence provided by Petitioners, the Department finds
that pursuant to 19 CFR 351.206(i), importers, exporters or producers
had reason to believe, at some time prior to the filing of the
petition, that a proceeding was likely. Specifically, the Department
concludes that the factual information provided by Petitioners
indicates that by March 2015, importers, exporters or producers had
reason to believe that proceedings were likely. Among the documents
Petitioners provided to support their claim of so-called ``early
knowledge,'' the Department finds the following particularly relevant.
On March 10, 2015, Steel Market Update acknowledged and
responded to an influx of ``recent'' inquiries from
[[Page 68507]]
importers of cold-rolled steel and CORE steel products ``asking
questions about the potential for a trade case or anti-dumping filing
by the domestic mills against foreign steel imports.'' \45\
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\45\ See Critical Circumstances Allegation at Exhibit 7.
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On March 26, 2015, American Metal Market issued a press
release stating that nearly 70 percent of industry participants
expected cold-rolled and CORE steel cases to be filed in 2015.\46\
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\46\ Id. at Exhibit 11.
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On March 27, 2015, the Pittsburgh Tribune published an
article stating that ``domestic steel makers are beginning to take
their case to Washington.'' One expert quoted in the article concluded
that a trade case appeared ``inevitable.'' \47\
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\47\ Id. at Exhibit 8.
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On March 30, 2015, Barron's published analysis by Credit
Suisse concluding U.S. steel industry officials had ``no intention of
delay'' and would pursue trade remedies as soon as possible. The
article states that the U.S. industry would not pursue safeguard
actions, but instead would pursue AD/CVD remedies focused on hot-rolled
coil, cold-rolled coil, and CORE steel products.\48\
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\48\ Id. at Exhibit 10.
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While additional information presented in Petitioners' exhibits
indicate rumors of trade cases had been circulating as far back as
2014,\49\ the above statements indicate that by March 2015, these
rumors had turned to expectations among steel importers, exporters, and
producers that forthcoming petitions were inevitable.
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\49\ This fact is noted in identical submissions filed on August
3, 2015, on behalf of various respondents in the AD and CVD
proceedings for Italy, Korea, and Taiwan. These submissions also
claim Petitioners have not demonstrated the need for expedited
action, but there is no requirement that such a need be
demonstrated. Sections 703(e)(1) and 733(e)(1) of the Act call for
prompt action by the Department. The submissions also argue that we
cannot reach a preliminary critical circumstances determination when
the ITC finds ``threat of injury.'' While it is correct that final
measures cannot be applied before an order when the ITC finds
``threat of injury,'' the ITC has not yet issued a final
determination. Moreover, as discussed above, the Department has
previously issued preliminary affirmative critical circumstances
determinations when the ITC has found ``threat of injury.'' Finally,
the submissions also claim there is a seasonal increase in shipments
at the beginning of the year in anticipation of spring and summer
months. It is unclear, however, how such a seasonal increase would
affect our calculations (given that our comparison period starts in
March, after this seasonal increase would, apparently, have been
long underway), and parties provided no suggestions for adjusting
the shipment data on the record to account for the alleged seasonal
increase.
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Thus, in order to determine whether there has been a massive surge
in imports for each cooperating mandatory respondent, the Department
compared the total volume of shipments from March 2015 through
September 2015 (all months for which data was available) with the
preceding seven-month period of August 2014 through February 2015. For
``all others,'' the Department compared Global Trade Atlas (GTA) data
for the period March through August (the last month for which GTA data
is currently available) with the proceeding six-month period of
September 2014 through February 2015.\50\ We first subtracted shipments
reported by the cooperating mandatory respondents from the GTA data.
For non-cooperating mandatory respondents (i.e., those mandatory
respondents that did not respond to our critical circumstances
questionnaire or who otherwise indicated their unwillingness to
participate in the investigations), we determined, on the basis of
adverse facts available,\51\ that there has been a massive surge in
imports. Accordingly, we preliminarily determined the following
producers/exporters had massive surges in imports.\52\
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\50\ The Department gathered GTA data under the following
harmonized tariff schedule numbers: 7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030, 7210.49.0091, 7210.49.0095,
7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000, 7212.50.0000, and 7212.60.0000.
\51\ See Section 776 of the Act.
\52\ See respective preliminary critical circumstances memoranda
for each proceeding dated concurrently with this Federal Register
notice.
Italy (C-475-833): ILVA S.p.A. (ILVA)
Korea (A-580-878): Hyundai Steel Company (Hyundai); ``All
Others''
Korea (C-580-879): ``All Others''
PRC (A-570-026): the PRC-wide entity; Hebei Iron & Steel Co.,
Ltd. (Tangshan Branch) (Tangshan); Baoshan Iron & Steel Co., Ltd.
(Baoshan)
PRC (C-570-027): Angang Group Hong Kong Company Ltd. (Angang);
Duferco S.A. (Duferco); Handan Iron & Steel Group (Handan); Changshu
Everbright Material Technology (Everbright); Baoshan
Taiwan (A-583-856 and C-583-857): ``All Others''
Conclusion
Based on the criteria and findings discussed above, we
preliminarily determine that critical circumstances exist with respect
to imports of corrosion-resistant steel products shipped by certain
producers/exporters. Our findings are summarized as follows.
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Affirmative preliminary Negative preliminary
Country Case No. critical circumstances critical circumstances
determination determination
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PRC..................................... A-570-026 the PRC-wide entity; Yieh Phui (China)
Tangshan; Baoshan. Technomaterial Co., Ltd.
(YPC); All Other
producers/exporters
entitled to a separate
rate.
C-570-027 Angang, Duferco, Handan, YPC; All Other producers/
Everbright, Baoshan. exporters.
Korea................................... A-580-878 Hyundai; All Other Dongkuk Steel Mill Co.,
producers/exporters. Ltd. (Dongkuk/Union).
C-580-879 All Other producers/ Dongbu Steel Co., Ltd.
exporters. (Dongbu); Dongkuk/Union.
Taiwan.................................. A-583-856 All Other producers/ Yieh Phui Enterprises Co.,
exporters. Ltd. (Yieh Phui);
Prosperity Tieh
Enterprises Co., Ltd.
(Prosperity).
C-583-857 All Other producers/ Yieh Phui; Prosperity.
exporters.
India................................... A-533-863 no companies.............. Uttam Galva Steels, Ltd.
(Uttam); JSW Steel
Limited (JSW); All Other
producers/exporters.
C-533-864 no companies.............. Uttam; JSW; All Other
producers/exporters.
Italy................................... A-475-832 no companies.............. Acciaieria Arvedi S.p.A.
(Arvedi); Marcegaglia
S.p.A. (Marcegaglia); All
Other producers/
exporters.
C-475-833 ILVA...................... Arvedi; Marcegaglia; All
Other producers/
exporters.
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[[Page 68508]]
Final Critical Circumstances Determinations
We will issue final determinations concerning critical
circumstances when we issue our final subsidy and less-than-fair-value
determinations. All interested parties will have the opportunity to
address these determinations in case briefs to be submitted after
completion of the preliminary subsidies and less than fair value
determinations.
ITC Notification
In accordance with sections 703(f) and 733(f) of the Act, we will
notify the ITC of our determinations.
Suspension of Liquidation
In accordance with sections 703(e)(2), because we have
preliminarily found that critical circumstances exist with regard to
imports exported by certain producers and exporters, if we make an
affirmative preliminary determination that countervailable subsidies
have been provided to these same producers/exporters at above de
minimis rates,\53\ we will instruct U.S. Customs and Border Protection
(CBP) to suspend liquidation of all entries of subject merchandise from
these producers/exporters that are entered, or withdrawn from
warehouse, for consumption on or after the date that is 90 days prior
to the effective date of ``provisional measures'' (e.g., the date of
publication in the Federal Register of the notice of an affirmative
preliminary determination that countervailable subsidies have been
provided at above de minimis rates). At such time, we will also
instruct CBP to require a cash deposit equal to the estimated
preliminary subsidy rates reflected in the preliminary determination
published in the Federal Register. This suspension of liquidation will
remain in effect until further notice.
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\53\ The preliminary determinations concerning the provision of
countervailable subsidies are currently scheduled for November 2,
2015.
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In accordance with sections 733(e)(2), because we have
preliminarily found that critical circumstances exist with regard to
imports exported by certain producers and exporters, if we make an
affirmative preliminary determination that sales at less than fair
value have been made by these same producers/exporters at above de
minimis rates,\54\ we will instruct CBP to suspend liquidation of all
entries of subject merchandise from these producers/exporters that are
entered, or withdrawn from warehouse, for consumption on or after the
date that is 90 days prior to the effective date of ``provisional
measures'' (e.g., the date of publication in the Federal Register of
the notice of an affirmative preliminary determination of sales at less
than fair value at above de minimis rates). At such time, we will also
instruct CBP to require a cash deposit equal to the estimated
preliminary dumping margins reflected in the preliminary determination
published in the Federal Register. This suspension of liquidation will
remain in effect until further notice.
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\54\ The preliminary determinations concerning sales at less
than fair value are currently scheduled for December 21, 2015.
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This notice is issued and published pursuant to section 777(i) of
the Act and 19 CFR 351.206(c)(2).
Dated: October 29, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-28252 Filed 11-4-15; 8:45 am]
BILLING CODE 3510-DS-P