81_FR_27185 81 FR 27098 - Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil, the People's Republic of China, and the Republic of Korea: Initiation of Countervailing Duty Investigations

81 FR 27098 - Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil, the People's Republic of China, and the Republic of Korea: Initiation of Countervailing Duty Investigations

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 87 (May 5, 2016)

Page Range27098-27104
FR Document2016-10631

Federal Register, Volume 81 Issue 87 (Thursday, May 5, 2016)
[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27098-27104]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10631]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-848; C-570-048; C-580-888]


Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil, 
the People's Republic of China, and the Republic of Korea: Initiation 
of Countervailing Duty Investigations

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

DATES: Effective Date: April 28, 2016.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski at (202) 482-1395 
(Brazil); Katie Marksberry at (202) 482-7906 (the People's Republic of 
China); and John Drury at (202) 482-0195 (Republic of Korea), AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On April 8, 2016, the Department of Commerce (the Department) 
received countervailing duty (CVD) petitions concerning imports of 
certain carbon and alloy cut-to-length plate (CTL plate) from Brazil, 
the People's Republic of China (PRC), and the Republic of Korea 
(Korea), filed in proper form on behalf of ArcelorMittal USA LLC, Nucor 
Corporation, and SSAB Enterprises, LLC (collectively, Petitioners). The 
CVD petitions were accompanied by antidumping duty (AD) petitions 
concerning imports of CTL plate from all of the above countries, in 
addition to Austria, Belgium, France, the Federal Republic of Germany, 
Italy, Japan, South Africa, Taiwan, and Turkey.\1\ Petitioners are 
domestic producers of CTL plate.\2\
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    \1\ See ``Certain Carbon and Alloy Steel Cut-to-Length Plate 
from Austria, Belgium, Brazil, the People's Republic of China, 
France, the Federal Republic of Germany, Italy, Japan, the Republic 
of Korea, South Africa, Taiwan, and Turkey--Petitions for the 
Imposition of Antidumping and Countervailing Duties,'' dated April 
8, 2016 (Petitions).
    \2\ Id., Volume I at 2.
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    On April 13, 2016, and April 21, 2016, the Department requested 
supplemental information pertaining to certain areas of the 
Petition.\3\ Petitioners filed responses to these requests on April 18, 
2016, and April 25, 2016, respectively.\4\ Additionally, on April 13, 
2016, the Department requested supplemental information pertaining to 
certain areas of the Petition with respect to Brazil \5\ and the 
Republic of Korea.\6\ Petitioners filed responses to these requests on 
April 18, 2016.\7\
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    \3\ See Letter from the Department, ``Petitions for the 
Imposition of Antidumping Duties on Imports of Certain Carbon and 
Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the 
People's Republic of China, France, the Federal Republic of Germany, 
Italy, Japan, the Republic of Korea, South Africa, Taiwan, and 
Turkey: Supplemental Questions,'' April 13, 2016 (General Issues 
Supplemental Questionnaire); see also Memorandum to the File from 
Vicki Flynn ``Phone Call with Counsel to Petitioners,'' April 21, 
2016.
    \4\ See Letter from Petitioners, ``Certain Carbon and Alloy 
Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the 
People's Republic of China, France, the Federal Republic of Germany, 
Italy, Japan, the Republic of Korea, South Africa, Taiwan, and 
Turkey: Petitioners' Amendment to Petition Volume I Related to 
General Issues,'' April 18, 2016 (General Issues Supplement); see 
also Letter from Petitioners to the Secretary of Commerce ``Certain 
Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, 
Brazil, the People's Republic of China, France, the Federal Republic 
of Germany, Italy, Japan, the Republic of Korea, South Africa, 
Taiwan, and the Republic of Turkey--Petitioners' Amendment to 
Petition Volume I Related to General Issues'' (April 25, 2016) 
(Second General Issues Supplement).
    \5\ See Letter from the Department ``Petition for the Imposition 
of Countervailing Duties on Imports of Certain Carbon and Alloy 
Steel Cut-to-Length Plate from Brazil: Supplemental Questions,'' 
April 13, 2016.
    \6\ See Letter from the Department, ``Petition for the 
Imposition of Countervailing Duties on Imports of Certain Carbon and 
Alloy Steel Cut-to-Length Plate from the Republic of Korea: 
Supplemental Questions,'' April 13, 2016.
    \7\ See Letter from Petitioners ``Re: Certain Carbon and Alloy 
Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the 
People's Republic of China, France, the Federal Republic of Germany, 
Italy, Japan, the Republic of Korea, South Africa, Taiwan, and 
Turkey--Petitioners' Amendment to Petition,'' dated April 18, 2016.

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[[Page 27099]]

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), Petitioners allege that the Governments of Brazil 
(GOB), the PRC (GOC), and Korea (GOK) are providing countervailable 
subsidies, within the meaning of sections 701 and 771(5) of the Act, to 
imports of CTL plate from Brazil, the PRC, and Korea, respectively, and 
that such imports are materially injuring, or threatening material 
injury to, an industry in the United States. Also, consistent with 
section 702(b)(1) of the Act, for those alleged programs on which we 
are initiating a CVD investigation, the Petition is accompanied by 
information reasonably available to Petitioners supporting their 
allegations.
    The Department finds that Petitioners filed the Petition on behalf 
of the domestic industry because Petitioners are interested parties as 
defined in section 771(9)(C) of the Act. The Department also finds that 
Petitioners demonstrated sufficient industry support with respect to 
the initiation of the CVD investigations that Petitioners are 
requesting.\8\
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    \8\ See ``Determination of Industry Support for the Petition'' 
section, below.
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Period of Investigations

    The period of investigation is January 1, 2015, through December 
31, 2015.\9\
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    \9\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The product covered by these investigations is CTL plate from 
Brazil, the PRC, and Korea. For a full description of the scope of 
these investigations, see Appendix I of this notice.

Comments on Scope of the Investigations

    During our review of the Petitions, the Department issued questions 
to and received responses from Petitioners pertaining to the proposed 
scope to ensure that the scope language in the Petition would be an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\10\
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    \10\ See General Issues Supplemental Questionnaire; see also 
General Issues Supplement; Second General Issues Supplement.
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    As discussed in the preamble to the Department's regulations,\11\ 
we are setting aside a period for interested parties to raise issues 
regarding product coverage (i.e., scope). The Department will consider 
all comments received from interested parties and, if necessary, will 
consult with the interested parties prior to the issuance of the 
preliminary determination. If scope comments include factual 
information,\12\ all such factual information should be limited to 
public information. In order to facilitate preparation of its 
questionnaire, the Department requests all interested parties to submit 
such comments by 5:00 p.m. Eastern Time (ET) on Wednesday, May 18, 
2016, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments, which may include factual information, must be 
filed by 5:00 p.m. ET on Tuesday, May 31, 2016, which is the next 
business day after 10 calendar days from the initial comments 
deadline.\13\
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    \11\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \12\ See 19 CFR 351.102(b)(21).
    \13\ See 19 CFR 351.303(b).
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    The Department requests that any factual information the parties 
consider relevant to the scope of the investigation be submitted during 
this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact the Department and 
request permission to submit the additional information. All such 
comments must be filed on the record of the concurrent CVD 
investigations, as well as the AD investigations of CTL plate from 
Austria, Belgium, France, the Federal Republic of Germany, Italy, 
Japan, South Africa, Taiwan, and Turkey.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS).\14\ An 
electronically-filed document must be received successfully in its 
entirety by the time and date it is due. Documents excepted from the 
electronic submission requirements must be filed manually (i.e., in 
paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 
18022, U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, and stamped with the date and time of 
receipt by the applicable deadlines.
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    \14\ See 19 CFR 351.303 (for general filing requirements); see 
also Antidumping and Countervailing Duty Proceedings: Electronic 
Filing Procedures; Administrative Protective Order Procedures, 76 FR 
39263 (July 6, 2011), for details of the Department's electronic 
filing requirements, which went into effect on August 5, 2011. 
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to section 702(b)(4)(A)(i) of the Act, the Department 
notified representatives of the GOB, GOC and GOK of the receipt of the 
Petition. Also, in accordance with section 702(b)(4)(A)(ii) of the Act, 
the Department provided representatives of the GOB, GOC and GOK the 
opportunity for consultations with respect to the CVD Petitions. 
Consultations with the GOB were held at the Department's main building 
on April 26, 2016. The GOC submitted consultation comments to the 
Department on April 23, 2016, in lieu of holding consultations.\15\ All 
invitation letters and memoranda regarding these consultations are on 
file electronically via ACCESS.\16\
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    \15\ See Memo to the File, from Katie Marksberry, Case Analyst, 
Re: Countervailing Duty Petition on Carbon and Alloy Steel Cut-To-
Length Plate from the People's Republic of China: Comments from the 
Government of the People's Republic of China Regarding the Petition, 
dated April 25, 2016.
    \16\ As the GOK did not request consultations prior to the 
initiation of this investigation, the Department and the GOK did not 
hold consultations.
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Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether

[[Page 27100]]

``the domestic industry'' has been injured, must also determine what 
constitutes a domestic like product in order to define the industry. 
While both the Department and the ITC must apply the same statutory 
definition regarding the domestic like product,\17\ they do so for 
different purposes and pursuant to a separate and distinct authority. 
In addition, the Department's determination is subject to limitations 
of time and information. Although this may result in different 
definitions of the like product, such differences do not render the 
decision of either agency contrary to law.\18\
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    \17\ See section 771(10) of the Act.
    \18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petitions).
    With regard to the domestic like product, Petitioners do not offer 
a definition of the domestic like product distinct from the scope of 
the investigations. Based on our analysis of the information submitted 
on the record, we have determined that CTL Plate constitutes a single 
domestic like product and we have analyzed industry support in terms of 
that domestic like product.\19\
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    \19\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from 
Brazil (Brazil CVD Initiation Checklist), at Attachment II, Analysis 
of Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering Certain Carbon and Alloy Steel Cut-to-Length 
Plate from Austria, Belgium, Brazil, the People's Republic of China, 
France, the Federal Republic of Germany, Italy, Japan, the Republic 
of Korea, South Africa, Taiwan, and the Republic of Turkey 
(Attachment II); Countervailing Duty Investigation Initiation 
Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the People's Republic of China (PRC CVD Initiation Checklist), at 
Attachment II; and Countervailing Duty Investigation Initiation 
Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the Republic of Korea (Korea CVD Initiation Checklist), at 
Attachment II. These checklists are dated concurrently with this 
notice and on file electronically via ACCESS. Access to documents 
filed via ACCESS is also available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building.
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    In determining whether Petitioners have standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in Appendix I of 
this notice. To establish industry support, Petitioners provided their 
shipments of the domestic like product in 2015, as well as the 2015 
shipments of Universal Stainless & Alloy Products, Inc., a supporter of 
the Petitions, and compared these shipments to the estimated total 
shipments of the domestic like product for the entire domestic 
industry.\20\ Because data regarding total production of the domestic 
like product are not reasonably available to Petitioners and 
Petitioners have established that shipments are a reasonable proxy for 
production,\21\ we have relied on the shipment data provided by 
Petitioners for purposes of measuring industry support.\22\
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    \20\ See Volume I of the Petitions, at 2-4 and Exhibits I-3 
through I-5; see also General Issues Supplement, at 7-11 and 
Exhibits I-Supp-2 through I-Supp-4 and I-Supp-11.
    \21\ See Volume I of the Petitions, at 3 and Exhibit I-4; see 
also General Issues Supplement, at 7.
    \22\ See Volume I of the Petitions, at 2-4 and Exhibits I-4 and 
I-5; see also General Issues Supplement, at 8-11 and Exhibits I-
Supp-2, I-Supp-3, and I-Supp-11. For further discussion, see Brazil 
CVD Initiation Checklist, PRC CVD Initiation Checklist, and Korea 
CVD Initiation Checklist, at Attachment II.
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    Our review of the data provided in the Petitions, General Issues 
Supplement, and other information readily available to the Department 
indicates that Petitioners have established industry support.\23\ 
First, the Petitions established support from domestic producers (or 
workers) accounting for more than 50 percent of the total shipments 
\24\ of the domestic like product and, as such, the Department is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\25\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act for all of the Petitions because the 
domestic producers (or workers) who support each of the Petitions 
account for at least 25 percent of the total shipments of the domestic 
like product.\26\ Finally, the domestic producers (or workers) have met 
the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act for all of the Petitions because the 
domestic producers (or workers) who support each of the Petitions 
account for more than 50 percent of the shipments of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the Petitions.\27\ Accordingly, the Department 
determines that the Petitions were filed on behalf of the domestic 
industry within the meaning of section 702(b)(1) of the Act.
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    \23\ See Brazil CVD Initiation Checklist, PRC CVD Initiation 
Checklist, and Korea CVD Initiation Checklist, at Attachment II.
    \24\ As mentioned above, Petitioners established that shipments 
are a reasonable proxy for production data. Section 351.203(e)(1) of 
the Department's regulations states ``production levels may be 
established by reference to alternative data that the Secretary 
determines to be indicative of production levels.''
    \25\ See section 702(c)(4)(D) of the Act; see also Brazil CVD 
Initiation Checklist, PRC CVD Initiation Checklist, and Korea CVD 
Initiation Checklist, at Attachment II.
    \26\ See Brazil CVD Initiation Checklist, PRC CVD Initiation 
Checklist, and Korea CVD Initiation Checklist, at Attachment II.
    \27\ Id.
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    The Department finds that Petitioners filed the Petitions on behalf 
of the domestic industry because they are interested parties as defined 
in section 771(9)(C) of the Act and they have demonstrated sufficient 
industry support with respect to the CVD investigations that they are 
requesting the Department initiate.\28\
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    \28\ Id.
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Injury Test

    Because Brazil, the PRC, and Korea are ``Subsidies Agreement 
Countries'' within the meaning of section 701(b) of the Act, section 
701(a)(2) of the Act applies to these investigations. Accordingly, the 
ITC must determine whether imports of the subject merchandise from 
Brazil, the PRC, and Korea materially injure, or threaten material 
injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    Petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, with regard to the 
PRC and Korea, Petitioners allege that subject imports exceed the 
negligibility threshold provided for under section 771(24)(A) of the 
Act.\29\
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    \29\ See Volume I of the Petitions, at 25-29 and Exhibits I-13 
and I-16.
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    In CVD petitions, section 771(24)(A) of the Act provides that 
imports of subject merchandise must exceed the negligibility threshold 
of three percent, except that imports of subject merchandise from 
developing countries in CVD investigations must exceed the 
negligibility threshold of four percent, pursuant to section 771(24)(B) 
of the

[[Page 27101]]

Act. Brazil has been designated as a developing country.\30\
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    \30\ See section 771(36)(A)-(B) of the Act.
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    While the allegedly subsidized imports from Brazil do not 
individually meet the statutory negligibility threshold of four 
percent, Petitioners allege and provide supporting evidence that there 
is the potential that imports from Brazil will imminently exceed the 
negligibility threshold and, therefore, are not negligible for purposes 
of a threat determination.\31\ Petitioners' arguments regarding the 
potential for imports to imminently exceed the negligibility threshold 
are consistent with the statutory criterial for ``negligibility in 
threat analysis'' under section 771(24)(A)(iv) of the Act, which 
provides that imports shall not be treated as negligible if there is a 
potential that subject imports from a country will imminently exceed 
the statutory requirements for negligibility.
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    \31\ See Second General Issues Supplement, at 1-4 and Exhibit 1.
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    Petitioners contend that the industry's injured condition is 
illustrated by reduced market share; declines in production, capacity 
utilization, U.S. shipments, labor hours, and wages; underselling and 
price suppression or depression; deteriorating financial performance; 
and lost sales and revenues.\32\ We have assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, and causation, and we have determined that these allegations 
are properly supported by adequate evidence and meet the statutory 
requirements for initiation.\33\
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    \32\ See Volume I of the Petitions, at 20-22, 34-47 and Exhibits 
I-4, I-5, I-9, I-10, I-12 through I-14, I-16, and I-17; see also 
General Issues Supplement, at 11-15 and Exhibits I-Supp-1, I-Supp-6, 
I-Supp-7, and I-Supp-9.
    \33\ See Brazil CVD Initiation Checklist, PRC CVD Initiation 
Checklist, and Korea CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering Certain Carbon and Alloy Steel Cut-to-Length Plate from 
Austria, Belgium, Brazil, the People's Republic of China, France, 
the Federal Republic of Germany, Italy, Japan, the Republic of 
Korea, South Africa, Taiwan, and the Republic of Turkey.
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Initiation of CVD Investigation

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that (1) alleges the elements necessary for an 
imposition of a duty under section 701(a) of the Act and (2) is 
accompanied by information reasonably available to Petitioners 
supporting the allegations.
    Petitioners allege that producers/exporters of CTL plate in Brazil, 
the PRC, and Korea benefit from countervailable subsidies bestowed by 
the governments of these countries, respectively. The Department 
examined the Petitions and finds that they comply with the requirements 
of section 702(b)(1) of the Act. Therefore, in accordance with section 
702(b)(1) of the Act, we are initiating CVD investigations to determine 
whether manufacturers, producers, and/or exporters of CTL plate from 
Brazil, the PRC, and Korea receive countervailable subsidies from the 
governments of these countries, respectively.
    On June 29, 2015, the President of the United States signed into 
law the Trade Preferences Extension Act of 2015, which made numerous 
amendments to the AD and CVD law.\34\ The 2015 law does not specify 
dates of application for those amendments. On August 6, 2015, the 
Department published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\35\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to these CVD 
investigations.\36\
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    \34\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \35\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). 
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \36\ See Applicability Notice, 80 FR at 46794-95.
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Brazil

    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on 24 of the 25 
alleged programs. For a full discussion of the basis for our decision 
to initiate or not initiate on each program, see the Brazil CVD 
Initiation Checklist.

The PRC

    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on 43 of the 44 
alleged programs. For a full discussion of the basis for our decision 
to initiate or not initiate on each program, see the PRC CVD Initiation 
Checklist.

Korea

    Based on our review of the petition, out of the 42 alleged 
programs, we find that there is sufficient information to initiate a 
CVD investigation on 39 programs and to partially initiate an 
investigation regarding one program. For a full discussion of the basis 
for our decision to initiate or not initiate on each program, see the 
Korea CVD Initiation Checklist.
    A public version of the initiation checklist for each investigation 
is available on ACCESS.
    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    Petitioners named three companies as producers/exporters of CTL 
plate in Brazil, 56 in the PRC, and 21 in Korea.\37\ In the event the 
Department determines the number of companies subject to each 
investigation is large, the Department intends to follow its standard 
practice in CVD investigations, and, where appropriate, select 
respondents based on U.S. Customs and Border Protection (CBP) data for 
U.S. imports of CTL plate during the POI under the appropriate 
Harmonized Tariff Schedule of the United States numbers. We intend to 
release CBP data under Administrative Protective Order (APO) to all 
parties with access to information protected by APO within five 
business days of publication of this Federal Register notice. Comments 
regarding the CBP data and respondent selection should be submitted 
seven calendar days after the placement of the CBP data on the record 
of this investigation. Parties wishing to submit rebuttal comments 
should submit those comments five calendar days after the deadline for 
initial comments.
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    \37\ See Petition, Volume I at Exhibit I-8.
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    Comments must be filed electronically using ACCESS. An 
electronically-filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 
We intend to make our decision regarding respondent selection within 20 
days of publication of this notice. Interested parties must submit 
applications for disclosure under APO in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
the Department's Web site at http://enforcement.trade.gov/apo.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the

[[Page 27102]]

GOB, GOC and GOK via ACCESS. To the extent practicable, we will attempt 
to provide a copy of the public version of the Petitions to each known 
exporter (as named in the Petitions), consistent with 19 CFR 
351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of CTL plate from Brazil, the PRC, and Korea 
are materially injuring, or threatening material injury to, a U.S. 
industry.\38\ A negative ITC determination will result in the 
investigation being terminated.\39\ Otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \38\ See section 703(a)(2) of the Act.
    \39\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). 19 CFR 351.301(b) requires 
any party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties should review the regulations 
prior to submitting factual information in this investigation.

Extension of Time Limits Regulation

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301 expires. For submissions 
that are due from multiple parties simultaneously, an extension request 
will be considered untimely if it is filed after 10:00 a.m. on the due 
date. Under certain circumstances, we may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Review Extension of Time Limits; Final Rule, 78 FR 
57790 (September 20, 2013), available at http://www.thefederalregister.org/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual 
information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\40\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\41\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
---------------------------------------------------------------------------

    \40\ See section 782(b) of the Act.
    \41\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in this investigation should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act.

    Dated: April 28, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigations

    The products covered by these investigations are certain carbon 
and alloy steel hot-rolled or forged flat plate products not in 
coils, whether or not painted, varnished, or coated with plastics or 
other non-metallic substances (cut-to-length plate). Subject 
merchandise includes plate that is produced by being cut-to-length 
from coils or from other discrete length plate and plate that is 
rolled or forged into a discrete length. The products covered 
include (1) Universal mill plates (i.e., flat-rolled products rolled 
on four faces or in a closed box pass, of a width exceeding 150 mm 
but not exceeding 1250 mm, and of a thickness of not less than 4 mm, 
which are not in coils and without patterns in relief), and (2) hot-
rolled or forged flat steel products of a thickness of 4.75 mm or 
more and of a width which exceeds 150 mm and measures at least twice 
the thickness, and which are not in coils, whether or not with 
patterns in relief. The covered products described above may be 
rectangular, square, circular or other shapes and include products 
of either rectangular or non-rectangular cross-section where such 
non-rectangular 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, the following rules apply:
    (1) Except where otherwise stated where the nominal and actual 
thickness or width measurements vary, a product from a given subject 
country 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 product is already covered by 
an order existing on that specific country (e.g., orders on hot-
rolled flat-rolled steel); 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 investigations are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; and (2) the carbon content is 2 
percent or less by weight.
    Subject merchandise includes cut-to-length plate that has been 
further processed in the subject country or a third country, 
including

[[Page 27103]]

but not limited to pickling, oiling, levelling, annealing, 
tempering, temper rolling, skin passing, painting, varnishing, 
trimming, cutting, punching, beveling, and/or slitting, or any other 
processing that would not otherwise remove the merchandise from the 
scope of the investigations if performed in the country of 
manufacture of the cut-to-length plate.
    All products that meet the written physical description, are 
within the scope of these investigations unless specifically 
excluded or covered by the scope of an existing order. The following 
products are outside of, and/or specifically excluded from, the 
scope of these investigations:
    (1) Products clad, plated, or coated with metal, whether or not 
painted, varnished or coated with plastic or other non-metallic 
substances;
    (2) military grade armor plate certified to one of the following 
specifications or to a specification that references and 
incorporates one of the following specifications:
     MIL-A-12560,
     MIL-DTL-12560H,
     MIL-DTL-12560J,
     MIL-DTL-12560K,
     MIL-DTL-32332,
     MIL-A-46100D,
     MIL-DTL-46100-E,
     MIL-46177C,
     MIL-S-16216K Grade HY80,
     MIL-S-16216K Grade HY100,
     MIL-S-24645A HSLA-80;
     MIL-S-24645A HSLA-100,
     T9074-BD-GIB-010/0300 Grade HY80,
     T9074-BD-GIB-010/0300 Grade HY100,
     T9074-BD-GIB-010/0300 Grade HSLA80,
     T9074-BD-GIB-010/0300 Grade HSLA100, and
     T9074-BD-GIB-010/0300 Mod. Grade HSLA115,

except that any cut-to-length plate certified to one of the above 
specifications, or to a military grade armor specification that 
references and incorporates one of the above specifications, will 
not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would 
fall within the scope of this order;
    (3) stainless steel plate, containing 10.5 percent or more of 
chromium by weight;
    (4) CTL plate meeting the requirements of ASTM A-829, Grade E 
4340 that are over 305 mm in actual thickness;
    (5) Alloy forged and rolled CTL plate greater than or equal to 
152.4 mm in actual thickness meeting each of the following 
requirements:
    (a) Electric furnace melted, ladle refined & vacuum degassed and 
having a chemical composition (expressed in weight percentages):
     Carbon 0.23-0.28,
     Silicon 0.05-0.20,
     Manganese 1.20-1.60,
     Nickel not greater than 1.0,
     Sulfur not greater than 0.007,
     Phosphorus not greater than 0.020,
     Chromium 1.0-2.5,
     Molybdenum 0.35-0.80,
     Boron 0.002-0.004,
     Oxygen not greater than 20 ppm,
     Hydrogen not greater than 2 ppm, and
     Nitrogen not greater than 60 ppm;
    (b) With a Brinell hardness measured in all parts of the product 
including mid thickness falling within one of the following ranges:
    (i) 270-300 HBW,
    (ii) 290-320 HBW, or
    (iii) 320-350HBW;
    (c) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not 
exceeding 0.5, D not exceeding 1.5; and
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 2 mm flat bottom hole;
    (6) Alloy forged and rolled steel CTL plate over 407 mm in 
actual thickness and meeting the following requirements:
    (a) Made from Electric Arc Furnace melted, Ladle refined & 
vacuum degassed, alloy steel with the following chemical composition 
(expressed in weight percentages):
     Carbon 0.23-0.28,
     Silicon 0.05-0.15,
     Manganese 1.20-1.50,
     Nickel not greater than 0.4,
     Sulfur not greater than 0.010,
     Phosphorus not greater than 0.020,
     Chromium 1.20-1.50,
     Molybdenum 0.35-0.55,
     Boron 0.002-0.004,
     Oxygen not greater than 20 ppm,
     Hydrogen not greater than 2 ppm, and
     Nitrogen not greater than 60 ppm;
    (b) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not 
exceeding 1.0, D not exceeding 1.5;
    (c) Having the following mechanical properties:
    (i) With a Brinell hardness not more than 237 HBW measured in 
all parts of the product including mid thickness; and having a Yield 
Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or 
more and Reduction of area 35% or more; having charpy V at -75 
degrees F in the longitudinal direction equal or greater than 15 ft. 
lbs (single value) and equal or greater than 20 ft. lbs (average of 
3 specimens) and conforming to the requirements of NACE MR01-75; or
    (ii) With a Brinell hardness not less than 240 HBW measured in 
all parts of the product including mid thickness; and having a Yield 
Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or 
more and Reduction of area 30% or more; having charpy V at -40 
degrees F in the longitudinal direction equal or greater than 21 ft. 
lbs (single value) and equal or greater than 31 ft. lbs (average of 
3 specimens);
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 3.2 mm flat bottom hole; and
    (e) Conforming to magnetic particle inspection in accordance 
with AMS 2301;
    (7) Alloy forged and rolled steel CTL plate over 407 mm in 
actual thickness and meeting the following requirements:
    (a) Made from Electric Arc Furnace melted, ladle refined & 
vacuum degassed, alloy steel with the following chemical composition 
(expressed in weight percentages):
     Carbon 0.25-0.30,
     Silicon not greater than 0.25,
     Manganese not greater than 0.50,
     Nickel 3.0-3.5,
     Sulfur not greater than 0.010,
     Phosphorus not greater than 0.020,
     Chromium 1.0-1.5,
     Molybdenum 0.6-0.9,
     Vanadium 0.08 to 0.12
     Boron 0.002-0.004,
     Oxygen not greater than 20 ppm,
     Hydrogen not greater than 2 ppm, and
     Nitrogen not greater than 60 ppm.
    (b) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 
1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not 
exceeding 1.5(t) and 1.0(h);
    (c) Having the following mechanical properties: A Brinell 
hardness not less than 350 HBW measured in all parts of the product 
including mid thickness; and having a Yield Strength of 145ksi or 
more and UTS 160ksi or more, Elongation of 15% or more and Reduction 
of area 35% or more; having charpy V at -40 degrees F in the 
transverse direction equal or greater than 20 ft. lbs (single value) 
and equal or greater than 25 ft. lbs (average of 3 specimens);
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 3.2 mm flat bottom hole; and
    (e) Conforming to magnetic particle inspection in accordance 
with AMS 2301.
    At the time of the filing of the petition, there was an existing 
antidumping duty order on certain cut-to-length carbon-quality steel 
plate products from Korea. See Notice of Final Determination of 
Sales at Less Than Fair Value: Certain Cut-To-Length Carbon-Quality 
Steel Plate Products from Korea, 64 FR 73,196 (Dep't Commerce Dec. 
29, 1999), as amended, 65 FR 6,585 (Dep't Commerce Feb 10, 2000) 
(1999 Korea AD Order). The scope of the antidumping duty 
investigation with regard to cut-to-length plate from Korea covers 
only (1) subject cut-to-length plate not within the physical 
description of cut-to-length carbon quality steel plate in the 1999 
Korea AD Order, regardless of producer or exporter; and (2) cut-to-
length plate produced and/or exported by those companies that were 
excluded or revoked from the 1999 Korea AD Order as of April 8, 
2016. The only revoked or excluded company is Pohang Iron and Steel 
Company, also known as POSCO.
    At the time of the filing of the petition, there was an existing 
countervailing duty order on certain cut-to-length carbon-quality 
steel plate from Korea. See Final Affirmative Countervailing Duty 
Determination: Certain Cut-to-Length Carbon-Quality Steel Plate From 
the Republic of Korea, 64 FR 73,176 (Dep't Commerce Dec. 29, 1999), 
as amended, 65 FR 6,587 (Dep't Commerce Feb. 10, 2000) (1999 Korea 
CVD Order). The scope of the countervailing duty investigation with 
regard to cut-to-length plate from Korea covers only (1) subject 
cut-to-length plate not within the physical description of cut-to-
length carbon quality steel plate in the 1999 Korea CVD Order 
regardless of producer or exporter, and (2) cut-to-length plate 
produced and/or exported by those companies that were excluded or 
revoked from the 1999 Korea

[[Page 27104]]

CVD Order as of April 8, 2016. The only revoked or excluded company 
is Pohang Iron and Steel Company, also known as POSCO.
    Excluded from the scope of the antidumping duty investigation on 
cut-to-length plate from China are any products covered by the 
existing antidumping duty order on certain cut-to-length carbon 
steel plate from the People's Republic of China. 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 60,081 (Dep't Commerce Oct. 
21, 2003), as amended, Affirmative Final Determination of 
Circumvention of the Antidumping Duty Order on Certain Cut-to-Length 
Carbon Steel Plate From the People's Republic of China, 76 FR 
50,996, 50,996-97 (Dep't of Commerce Aug. 17, 2011). On August 17, 
2011, the U.S. Department of Commerce found that the order covered 
all imports of certain cut-to-length carbon steel plate products 
with 0.0008 percent or more boron, by weight, from China not meeting 
all of the following requirements: aluminum level of 0.02 percent or 
greater, by weight; a ratio of 3.4 to 1 or greater, by weight, of 
titanium to nitrogen; and a hardenability test (i.e., Jominy test) 
result indicating a boron factor of 1.8 or greater.
    The products subject to the investigations are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 
7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 
7226.91.5000.
    The products subject to the investigations may also enter under 
the following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500, 
7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.10.000, 
7214.30.0010, 7214.30.0080, 7214.91.0015, 7214.91.0060, 
7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110, 
7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 
7225.99.0090, 7206.11.1000, 7226.11.9060, 7229.19.1000, 
7226.19.9000, 7226.91.0500, 7226.91.1530, 7226.91.1560, 
7226.91.2530, 7226.91.2560, 7226.91.7000, 7226.91.8000, and 
7226.99.0180.
    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
investigations is dispositive.

[FR Doc. 2016-10631 Filed 5-4-16; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  27098                           Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices

                                                  acceptance criteria 3.2 mm flat bottom hole;               The products subject to the investigations         Corporation, and SSAB Enterprises, LLC
                                                  and                                                     are currently classified in the Harmonized            (collectively, Petitioners). The CVD
                                                     (e) Conforming to magnetic particle                  Tariff Schedule of the United States (HTSUS)          petitions were accompanied by
                                                  inspection in accordance with AMS 2301.                 under item numbers: 7208.40.3030,                     antidumping duty (AD) petitions
                                                     At the time of the filing of the petition,           7208.40.3060, 7208.51.0030, 7208.51.0045,
                                                  there was an existing antidumping duty order            7208.51.0060, 7208.52.0000, 7211.13.0000,
                                                                                                                                                                concerning imports of CTL plate from
                                                  on certain cut-to-length carbon-quality steel           7211.14.0030, 7211.14.0045, 7225.40.1110,             all of the above countries, in addition to
                                                  plate products from Korea. See Notice of                7225.40.1180, 7225.40.3005, 7225.40.3050,             Austria, Belgium, France, the Federal
                                                  Final Determination of Sales at Less Than               7226.20.0000, and 7226.91.5000.                       Republic of Germany, Italy, Japan,
                                                  Fair Value: Certain Cut-To-Length Carbon-                  The products subject to the investigations         South Africa, Taiwan, and Turkey.1
                                                  Quality Steel Plate Products from Korea, 64             may also enter under the following HTSUS              Petitioners are domestic producers of
                                                  FR 73196 (Dep’t Commerce Dec. 29, 1999), as             item numbers: 7208.40.6060, 7208.53.0000,             CTL plate.2
                                                  amended, 65 FR 6585 (Dep’t Commerce Feb                 7208.90.0000, 7210.70.3000, 7210.90.9000,                On April 13, 2016, and April 21,
                                                  10, 2000) (1999 Korea AD Order). The scope              7211.19.1500, 7211.19.2000, 7211.19.4500,
                                                  of the antidumping duty investigation with
                                                                                                                                                                2016, the Department requested
                                                                                                          7211.19.6000, 7211.19.7590, 7211.90.0000,             supplemental information pertaining to
                                                  regard to cut-to-length plate from Korea                7212.40.1000, 7212.40.5000, 7212.50.0000,
                                                  covers only (1) subject cut-to-length plate not                                                               certain areas of the Petition.3 Petitioners
                                                                                                          7214.10.000, 7214.30.0010, 7214.30.0080,
                                                  within the physical description of cut-to-              7214.91.0015, 7214.91.0060, 7214.91.0090,
                                                                                                                                                                filed responses to these requests on
                                                  length carbon quality steel plate in the 1999           7225.11.0000, 7225.19.0000, 7225.40.5110,             April 18, 2016, and April 25, 2016,
                                                  Korea AD Order, regardless of producer or               7225.40.5130, 7225.40.5160, 7225.40.7000,             respectively.4 Additionally, on April 13,
                                                  exporter; and (2) cut-to-length plate produced          7225.99.0010, 7225.99.0090, 7206.11.1000,             2016, the Department requested
                                                  and/or exported by those companies that                                                                       supplemental information pertaining to
                                                                                                          7226.11.9060, 7229.19.1000, 7226.19.9000,
                                                  were excluded or revoked from the 1999
                                                  Korea AD Order as of April 8, 2016. The only
                                                                                                          7226.91.0500, 7226.91.1530, 7226.91.1560,             certain areas of the Petition with respect
                                                                                                          7226.91.2530, 7226.91.2560, 7226.91.7000,             to Brazil 5 and the Republic of Korea.6
                                                  revoked or excluded company is Pohang Iron
                                                                                                          7226.91.8000, and 7226.99.0180.                       Petitioners filed responses to these
                                                  and Steel Company, also known as POSCO.
                                                     At the time of the filing of the petition,              The HTSUS subheadings above are                    requests on April 18, 2016.7
                                                  there was an existing countervailing duty               provided for convenience and customs
                                                  order on certain cut-to-length carbon-quality           purposes only. The written description of the            1 See ‘‘Certain Carbon and Alloy Steel Cut-to-

                                                  steel plate from Korea. See Final Affirmative           scope of the investigations is dispositive.           Length Plate from Austria, Belgium, Brazil, the
                                                  Countervailing Duty Determination: Certain              [FR Doc. 2016–10627 Filed 5–4–16; 8:45 am]            People’s Republic of China, France, the Federal
                                                  Cut-to-Length Carbon-Quality Steel Plate                                                                      Republic of Germany, Italy, Japan, the Republic of
                                                                                                          BILLING CODE 3510–DS–P
                                                  From the Republic of Korea, 64 FR 73176                                                                       Korea, South Africa, Taiwan, and Turkey—Petitions
                                                  (Dep’t Commerce Dec. 29, 1999), as amended,                                                                   for the Imposition of Antidumping and
                                                                                                                                                                Countervailing Duties,’’ dated April 8, 2016
                                                  65 FR 6587 (Dep’t Commerce Feb. 10, 2000)                                                                     (Petitions).
                                                  (1999 Korea CVD Order). The scope of the                DEPARTMENT OF COMMERCE
                                                                                                                                                                   2 Id., Volume I at 2.
                                                  countervailing duty investigation with regard                                                                    3 See Letter from the Department, ‘‘Petitions for
                                                  to cut-to-length plate from Korea covers only           International Trade Administration
                                                                                                                                                                the Imposition of Antidumping Duties on Imports
                                                  (1) subject cut-to-length plate not within the          [C–351–848; C–570–048; C–580–888]                     of Certain Carbon and Alloy Steel Cut-to-Length
                                                  physical description of cut-to-length carbon                                                                  Plate from Austria, Belgium, Brazil, the People’s
                                                  quality steel plate in the 1999 Korea CVD               Certain Carbon and Alloy Steel Cut-to-                Republic of China, France, the Federal Republic of
                                                  Order regardless of producer or exporter, and                                                                 Germany, Italy, Japan, the Republic of Korea, South
                                                                                                          Length Plate From Brazil, the People’s                Africa, Taiwan, and Turkey: Supplemental
                                                  (2) cut-to-length plate produced and/or
                                                                                                          Republic of China, and the Republic of                Questions,’’ April 13, 2016 (General Issues
                                                  exported by those companies that were
                                                  excluded or revoked from the 1999 Korea                 Korea: Initiation of Countervailing Duty              Supplemental Questionnaire); see also
                                                                                                          Investigations                                        Memorandum to the File from Vicki Flynn ‘‘Phone
                                                  CVD Order as of April 8, 2016. The only                                                                       Call with Counsel to Petitioners,’’ April 21, 2016.
                                                  revoked or excluded company is Pohang Iron                                                                       4 See Letter from Petitioners, ‘‘Certain Carbon and
                                                                                                          AGENCY:   Enforcement and Compliance,
                                                  and Steel Company, also known as POSCO.                                                                       Alloy Steel Cut-to-Length Plate from Austria,
                                                     Excluded from the scope of the                       International Trade Administration,                   Belgium, Brazil, the People’s Republic of China,
                                                  antidumping duty investigation on cut-to-               Department of Commerce.                               France, the Federal Republic of Germany, Italy,
                                                  length plate from China are any products                DATES: Effective Date: April 28, 2016.                Japan, the Republic of Korea, South Africa, Taiwan,
                                                  covered by the existing antidumping duty                                                                      and Turkey: Petitioners’ Amendment to Petition
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      Volume I Related to General Issues,’’ April 18, 2016
                                                  order on certain cut-to-length carbon steel             Nicholas Czajkowski at (202) 482–1395                 (General Issues Supplement); see also Letter from
                                                  plate from the People’s Republic of China.
                                                  See Suspension Agreement on Certain Cut-to-
                                                                                                          (Brazil); Katie Marksberry at (202) 482–              Petitioners to the Secretary of Commerce ‘‘Certain
                                                                                                          7906 (the People’s Republic of China);                Carbon and Alloy Steel Cut-to-Length Plate from
                                                  Length Carbon Steel Plate From the People’s                                                                   Austria, Belgium, Brazil, the People’s Republic of
                                                  Republic of China; Termination of                       and John Drury at (202) 482–0195                      China, France, the Federal Republic of Germany,
                                                  Suspension Agreement and Notice of                      (Republic of Korea), AD/CVD                           Italy, Japan, the Republic of Korea, South Africa,
                                                  Antidumping Duty Order, 68 FR 60081 (Dep’t              Operations, Enforcement and                           Taiwan, and the Republic of Turkey—Petitioners’
                                                  Commerce Oct. 21, 2003), as amended,                                                                          Amendment to Petition Volume I Related to General
                                                                                                          Compliance, International Trade                       Issues’’ (April 25, 2016) (Second General Issues
                                                  Affirmative Final Determination of                      Administration, U.S. Department of                    Supplement).
                                                  Circumvention of the Antidumping Duty                   Commerce, 14th Street and Constitution                   5 See Letter from the Department ‘‘Petition for the
                                                  Order on Certain Cut-to-Length Carbon Steel
                                                  Plate From the People’s Republic of China,
                                                                                                          Avenue NW., Washington, DC 20230.                     Imposition of Countervailing Duties on Imports of
                                                                                                                                                                Certain Carbon and Alloy Steel Cut-to-Length Plate
                                                  76 FR 50996, 50996–97 (Dep’t of Commerce                SUPPLEMENTARY INFORMATION:                            from Brazil: Supplemental Questions,’’ April 13,
                                                  Aug. 17, 2011). On August 17, 2011, the U.S.                                                                  2016.
                                                  Department of Commerce found that the
                                                                                                          The Petitions                                            6 See Letter from the Department, ‘‘Petition for the

                                                  order covered all imports of certain cut-to-               On April 8, 2016, the Department of                Imposition of Countervailing Duties on Imports of
                                                  length carbon steel plate products with                 Commerce (the Department) received                    Certain Carbon and Alloy Steel Cut-to-Length Plate
mstockstill on DSK3G9T082PROD with NOTICES




                                                  0.0008 percent or more boron, by weight,                                                                      from the Republic of Korea: Supplemental
                                                                                                          countervailing duty (CVD) petitions                   Questions,’’ April 13, 2016.
                                                  from China not meeting all of the following             concerning imports of certain carbon                     7 See Letter from Petitioners ‘‘Re: Certain Carbon
                                                  requirements: aluminum level of 0.02 percent
                                                  or greater, by weight; a ratio of 3.4 to 1 or
                                                                                                          and alloy cut-to-length plate (CTL plate)             and Alloy Steel Cut-to-Length Plate from Austria,
                                                                                                          from Brazil, the People’s Republic of                 Belgium, Brazil, the People’s Republic of China,
                                                  greater, by weight, of titanium to nitrogen;                                                                  France, the Federal Republic of Germany, Italy,
                                                  and a hardenability test (i.e., Jominy test)            China (PRC), and the Republic of Korea                Japan, the Republic of Korea, South Africa, Taiwan,
                                                  result indicating a boron factor of 1.8 or              (Korea), filed in proper form on behalf               and Turkey—Petitioners’ Amendment to Petition,’’
                                                  greater.                                                of ArcelorMittal USA LLC, Nucor                       dated April 18, 2016.



                                             VerDate Sep<11>2014   18:06 May 04, 2016   Jkt 238001   PO 00000   Frm 00016   Fmt 4703   Sfmt 4703   E:\FR\FM\05MYN1.SGM   05MYN1


                                                                                  Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices                                                    27099

                                                     In accordance with section 702(b)(1)                 prior to the issuance of the preliminary              Consultations
                                                  of the Tariff Act of 1930, as amended                   determination. If scope comments                         Pursuant to section 702(b)(4)(A)(i) of
                                                  (the Act), Petitioners allege that the                  include factual information,12 all such               the Act, the Department notified
                                                  Governments of Brazil (GOB), the PRC                    factual information should be limited to              representatives of the GOB, GOC and
                                                  (GOC), and Korea (GOK) are providing                    public information. In order to facilitate            GOK of the receipt of the Petition. Also,
                                                  countervailable subsidies, within the                   preparation of its questionnaire, the                 in accordance with section
                                                  meaning of sections 701 and 771(5) of                   Department requests all interested                    702(b)(4)(A)(ii) of the Act, the
                                                  the Act, to imports of CTL plate from                   parties to submit such comments by                    Department provided representatives of
                                                  Brazil, the PRC, and Korea, respectively,               5:00 p.m. Eastern Time (ET) on                        the GOB, GOC and GOK the opportunity
                                                  and that such imports are materially                    Wednesday, May 18, 2016, which is 20                  for consultations with respect to the
                                                  injuring, or threatening material injury                calendar days from the signature date of              CVD Petitions. Consultations with the
                                                  to, an industry in the United States.                   this notice. Any rebuttal comments,                   GOB were held at the Department’s
                                                  Also, consistent with section 702(b)(1)                 which may include factual information,                main building on April 26, 2016. The
                                                  of the Act, for those alleged programs on               must be filed by 5:00 p.m. ET on                      GOC submitted consultation comments
                                                  which we are initiating a CVD                           Tuesday, May 31, 2016, which is the                   to the Department on April 23, 2016, in
                                                  investigation, the Petition is                          next business day after 10 calendar days              lieu of holding consultations.15 All
                                                  accompanied by information reasonably                   from the initial comments deadline.13                 invitation letters and memoranda
                                                  available to Petitioners supporting their                                                                     regarding these consultations are on file
                                                  allegations.                                              The Department requests that any
                                                                                                          factual information the parties consider              electronically via ACCESS.16
                                                     The Department finds that Petitioners
                                                  filed the Petition on behalf of the                     relevant to the scope of the investigation            Determination of Industry Support for
                                                  domestic industry because Petitioners                   be submitted during this time period.                 the Petitions
                                                  are interested parties as defined in                    However, if a party subsequently finds                   Section 702(b)(1) of the Act requires
                                                  section 771(9)(C) of the Act. The                       that additional factual information                   that a petition be filed on behalf of the
                                                  Department also finds that Petitioners                  pertaining to the scope of the                        domestic industry. Section 702(c)(4)(A)
                                                  demonstrated sufficient industry                        investigation may be relevant, the party              of the Act provides that a petition meets
                                                  support with respect to the initiation of               may contact the Department and request                this requirement if the domestic
                                                  the CVD investigations that Petitioners                 permission to submit the additional                   producers or workers who support the
                                                  are requesting.8                                        information. All such comments must                   petition account for: (i) At least 25
                                                                                                          be filed on the record of the concurrent              percent of the total production of the
                                                  Period of Investigations                                CVD investigations, as well as the AD                 domestic like product; and (ii) more
                                                     The period of investigation is January               investigations of CTL plate from                      than 50 percent of the production of the
                                                  1, 2015, through December 31, 2015.9                    Austria, Belgium, France, the Federal                 domestic like product produced by that
                                                  Scope of the Investigation                              Republic of Germany, Italy, Japan,                    portion of the industry expressing
                                                                                                          South Africa, Taiwan, and Turkey.                     support for, or opposition to, the
                                                    The product covered by these                                                                                petition. Moreover, section 702(c)(4)(D)
                                                  investigations is CTL plate from Brazil,                Filing Requirements
                                                                                                                                                                of the Act provides that, if the petition
                                                  the PRC, and Korea. For a full                                                                                does not establish support of domestic
                                                                                                             All submissions to the Department
                                                  description of the scope of these                                                                             producers or workers accounting for
                                                  investigations, see Appendix I of this                  must be filed electronically using
                                                                                                          Enforcement and Compliance’s                          more than 50 percent of the total
                                                  notice.                                                                                                       production of the domestic like product,
                                                                                                          Antidumping Duty and Countervailing
                                                  Comments on Scope of the                                Duty Centralized Electronic Service                   the Department shall: (i) Poll the
                                                  Investigations                                          System (ACCESS).14 An electronically-                 industry or rely on other information in
                                                                                                          filed document must be received                       order to determine if there is support for
                                                     During our review of the Petitions, the                                                                    the petition, as required by
                                                  Department issued questions to and                      successfully in its entirety by the time
                                                                                                          and date it is due. Documents excepted                subparagraph (A); or (ii) determine
                                                  received responses from Petitioners                                                                           industry support using a statistically
                                                  pertaining to the proposed scope to                     from the electronic submission
                                                                                                          requirements must be filed manually                   valid sampling method to poll the
                                                  ensure that the scope language in the                                                                         ‘‘industry.’’
                                                  Petition would be an accurate reflection                (i.e., in paper form) with Enforcement
                                                                                                                                                                   Section 771(4)(A) of the Act defines
                                                  of the products for which the domestic                  and Compliance’s APO/Dockets Unit,
                                                                                                                                                                the ‘‘industry’’ as the producers as a
                                                  industry is seeking relief.10                           Room 18022, U.S. Department of
                                                                                                                                                                whole of a domestic like product. Thus,
                                                    As discussed in the preamble to the                   Commerce, 14th Street and Constitution
                                                                                                                                                                to determine whether a petition has the
                                                  Department’s regulations,11 we are                      Avenue NW., Washington, DC 20230,
                                                                                                                                                                requisite industry support, the statute
                                                  setting aside a period for interested                   and stamped with the date and time of
                                                                                                                                                                directs the Department to look to
                                                  parties to raise issues regarding product               receipt by the applicable deadlines.                  producers and workers who produce the
                                                  coverage (i.e., scope). The Department                                                                        domestic like product. The International
                                                  will consider all comments received                       12 See 19 CFR 351.102(b)(21).
                                                                                                                                                                Trade Commission (ITC), which is
                                                  from interested parties and, if necessary,                13 See 19 CFR 351.303(b).
                                                                                                                                                                responsible for determining whether
                                                                                                            14 See 19 CFR 351.303 (for general filing
                                                  will consult with the interested parties
                                                                                                          requirements); see also Antidumping and
                                                                                                                                                                  15 See Memo to the File, from Katie Marksberry,
                                                                                                          Countervailing Duty Proceedings: Electronic Filing
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                                                    8 See ‘‘Determination of Industry Support for the
                                                                                                          Procedures; Administrative Protective Order           Case Analyst, Re: Countervailing Duty Petition on
                                                  Petition’’ section, below.                              Procedures, 76 FR 39263 (July 6, 2011), for details   Carbon and Alloy Steel Cut-To-Length Plate from
                                                    9 See 19 CFR 351.204(b)(2).
                                                                                                          of the Department’s electronic filing requirements,   the People’s Republic of China: Comments from the
                                                    10 See General Issues Supplemental                                                                          Government of the People’s Republic of China
                                                                                                          which went into effect on August 5, 2011.
                                                  Questionnaire; see also General Issues Supplement;      Information on help using ACCESS can be found at      Regarding the Petition, dated April 25, 2016.
                                                  Second General Issues Supplement.                       https://access.trade.gov/help.aspx, and a handbook      16 As the GOK did not request consultations prior
                                                    11 See Antidumping Duties; Countervailing             can be found at https://access.trade.gov/help/        to the initiation of this investigation, the
                                                  Duties; Final Rule, 62 FR 27296, 27323 (May 19,         Handbook%20on%20Electronic%20Filling%20               Department and the GOK did not hold
                                                  1997).                                                  Procedures.pdf.                                       consultations.



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                                                  27100                           Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices

                                                  ‘‘the domestic industry’’ has been                      the Petitions with reference to the                    of the domestic like product.26 Finally,
                                                  injured, must also determine what                       domestic like product as defined in the                the domestic producers (or workers)
                                                  constitutes a domestic like product in                  ‘‘Scope of the Investigations,’’ in                    have met the statutory criteria for
                                                  order to define the industry. While both                Appendix I of this notice. To establish                industry support under section
                                                  the Department and the ITC must apply                   industry support, Petitioners provided                 702(c)(4)(A)(ii) of the Act for all of the
                                                  the same statutory definition regarding                 their shipments of the domestic like                   Petitions because the domestic
                                                  the domestic like product,17 they do so                 product in 2015, as well as the 2015                   producers (or workers) who support
                                                  for different purposes and pursuant to a                shipments of Universal Stainless &                     each of the Petitions account for more
                                                  separate and distinct authority. In                     Alloy Products, Inc., a supporter of the               than 50 percent of the shipments of the
                                                  addition, the Department’s                              Petitions, and compared these                          domestic like product produced by that
                                                  determination is subject to limitations of              shipments to the estimated total                       portion of the industry expressing
                                                  time and information. Although this                     shipments of the domestic like product                 support for, or opposition to, the
                                                  may result in different definitions of the                                                                     Petitions.27 Accordingly, the
                                                                                                          for the entire domestic industry.20
                                                  like product, such differences do not                                                                          Department determines that the
                                                                                                          Because data regarding total production
                                                  render the decision of either agency                                                                           Petitions were filed on behalf of the
                                                  contrary to law.18                                      of the domestic like product are not                   domestic industry within the meaning
                                                     Section 771(10) of the Act defines the               reasonably available to Petitioners and                of section 702(b)(1) of the Act.
                                                  domestic like product as ‘‘a product                    Petitioners have established that                         The Department finds that Petitioners
                                                  which is like, or in the absence of like,               shipments are a reasonable proxy for                   filed the Petitions on behalf of the
                                                  most similar in characteristics and uses                production,21 we have relied on the                    domestic industry because they are
                                                  with, the article subject to an                         shipment data provided by Petitioners                  interested parties as defined in section
                                                  investigation under this title.’’ Thus, the             for purposes of measuring industry                     771(9)(C) of the Act and they have
                                                  reference point from which the                          support.22                                             demonstrated sufficient industry
                                                  domestic like product analysis begins is                   Our review of the data provided in the              support with respect to the CVD
                                                  ‘‘the article subject to an investigation’’             Petitions, General Issues Supplement,                  investigations that they are requesting
                                                  (i.e., the class or kind of merchandise to              and other information readily available                the Department initiate.28
                                                  be investigated, which normally will be                 to the Department indicates that
                                                  the scope as defined in the Petitions).                                                                        Injury Test
                                                                                                          Petitioners have established industry
                                                     With regard to the domestic like                                                                              Because Brazil, the PRC, and Korea
                                                                                                          support.23 First, the Petitions
                                                  product, Petitioners do not offer a                                                                            are ‘‘Subsidies Agreement Countries’’
                                                                                                          established support from domestic
                                                  definition of the domestic like product                                                                        within the meaning of section 701(b) of
                                                                                                          producers (or workers) accounting for
                                                  distinct from the scope of the                                                                                 the Act, section 701(a)(2) of the Act
                                                                                                          more than 50 percent of the total
                                                  investigations. Based on our analysis of                                                                       applies to these investigations.
                                                  the information submitted on the                        shipments 24 of the domestic like
                                                                                                                                                                 Accordingly, the ITC must determine
                                                  record, we have determined that CTL                     product and, as such, the Department is
                                                                                                                                                                 whether imports of the subject
                                                  Plate constitutes a single domestic like                not required to take further action in
                                                                                                                                                                 merchandise from Brazil, the PRC, and
                                                  product and we have analyzed industry                   order to evaluate industry support (e.g.,              Korea materially injure, or threaten
                                                  support in terms of that domestic like                  polling).25 Second, the domestic                       material injury to, a U.S. industry.
                                                  product.19                                              producers (or workers) have met the
                                                     In determining whether Petitioners                   statutory criteria for industry support                Allegations and Evidence of Material
                                                  have standing under section                             under section 702(c)(4)(A)(i) of the Act               Injury and Causation
                                                  702(c)(4)(A) of the Act, we considered                  for all of the Petitions because the                      Petitioners allege that imports of the
                                                  the industry support data contained in                  domestic producers (or workers) who                    subject merchandise are benefitting
                                                                                                          support each of the Petitions account for              from countervailable subsidies and that
                                                    17 See  section 771(10) of the Act.                   at least 25 percent of the total shipments             such imports are causing, or threaten to
                                                    18 See  USEC, Inc. v. United States, 132 F. Supp.                                                            cause, material injury to the U.S.
                                                  2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
                                                  v. United States, 688 F. Supp. 639, 644 (CIT 1988),
                                                                                                            20 See Volume I of the Petitions, at 2–4 and
                                                                                                                                                                 industry producing the domestic like
                                                                                                          Exhibits I–3 through I–5; see also General Issues      product. In addition, with regard to the
                                                  aff’d 865 F.2d 240 (Fed. Cir. 1989)).
                                                                                                          Supplement, at 7–11 and Exhibits I–Supp–2
                                                     19 For a discussion of the domestic like product
                                                                                                          through I–Supp–4 and I–Supp–11.                        PRC and Korea, Petitioners allege that
                                                  analysis in this case, see Countervailing Duty            21 See Volume I of the Petitions, at 3 and Exhibit   subject imports exceed the negligibility
                                                  Investigation Initiation Checklist: Certain Carbon
                                                  and Alloy Steel Cut-to-Length Plate from Brazil
                                                                                                          I–4; see also General Issues Supplement, at 7.         threshold provided for under section
                                                  (Brazil CVD Initiation Checklist), at Attachment II,
                                                                                                            22 See Volume I of the Petitions, at 2–4 and
                                                                                                                                                                 771(24)(A) of the Act.29
                                                  Analysis of Industry Support for the Antidumping        Exhibits I–4 and I–5; see also General Issues            In CVD petitions, section 771(24)(A)
                                                  and Countervailing Duty Petitions Covering Certain      Supplement, at 8–11 and Exhibits I–Supp–2, I–
                                                                                                          Supp–3, and I–Supp–11. For further discussion, see     of the Act provides that imports of
                                                  Carbon and Alloy Steel Cut-to-Length Plate from
                                                  Austria, Belgium, Brazil, the People’s Republic of      Brazil CVD Initiation Checklist, PRC CVD Initiation    subject merchandise must exceed the
                                                  China, France, the Federal Republic of Germany,         Checklist, and Korea CVD Initiation Checklist, at      negligibility threshold of three percent,
                                                  Italy, Japan, the Republic of Korea, South Africa,      Attachment II.                                         except that imports of subject
                                                                                                            23 See Brazil CVD Initiation Checklist, PRC CVD
                                                  Taiwan, and the Republic of Turkey (Attachment                                                                 merchandise from developing countries
                                                  II); Countervailing Duty Investigation Initiation       Initiation Checklist, and Korea CVD Initiation
                                                  Checklist: Certain Carbon and Alloy Steel Cut-to-       Checklist, at Attachment II.                           in CVD investigations must exceed the
                                                  Length Plate from the People’s Republic of China          24 As mentioned above, Petitioners established       negligibility threshold of four percent,
                                                  (PRC CVD Initiation Checklist), at Attachment II;       that shipments are a reasonable proxy for              pursuant to section 771(24)(B) of the
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                                                  and Countervailing Duty Investigation Initiation        production data. Section 351.203(e)(1) of the
                                                  Checklist: Certain Carbon and Alloy Steel Cut-to-       Department’s regulations states ‘‘production levels
                                                                                                                                                                   26 See Brazil CVD Initiation Checklist, PRC CVD
                                                  Length Plate from the Republic of Korea (Korea          may be established by reference to alternative data
                                                  CVD Initiation Checklist), at Attachment II. These      that the Secretary determines to be indicative of      Initiation Checklist, and Korea CVD Initiation
                                                  checklists are dated concurrently with this notice      production levels.’’                                   Checklist, at Attachment II.
                                                                                                            25 See section 702(c)(4)(D) of the Act; see also       27 Id.
                                                  and on file electronically via ACCESS. Access to
                                                                                                                                                                   28 Id.
                                                  documents filed via ACCESS is also available in the     Brazil CVD Initiation Checklist, PRC CVD Initiation
                                                  Central Records Unit, Room B8024 of the main            Checklist, and Korea CVD Initiation Checklist, at        29 See Volume I of the Petitions, at 25–29 and

                                                  Department of Commerce building.                        Attachment II.                                         Exhibits I–13 and I–16.



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                                                                                  Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices                                                          27101

                                                  Act. Brazil has been designated as a                       Petitioners allege that producers/                 that there is sufficient information to
                                                  developing country.30                                   exporters of CTL plate in Brazil, the                 initiate a CVD investigation on 39
                                                     While the allegedly subsidized                       PRC, and Korea benefit from                           programs and to partially initiate an
                                                  imports from Brazil do not individually                 countervailable subsidies bestowed by                 investigation regarding one program.
                                                  meet the statutory negligibility                        the governments of these countries,                   For a full discussion of the basis for our
                                                  threshold of four percent, Petitioners                  respectively. The Department examined                 decision to initiate or not initiate on
                                                  allege and provide supporting evidence                  the Petitions and finds that they comply              each program, see the Korea CVD
                                                  that there is the potential that imports                with the requirements of section                      Initiation Checklist.
                                                  from Brazil will imminently exceed the                  702(b)(1) of the Act. Therefore, in                     A public version of the initiation
                                                  negligibility threshold and, therefore,                 accordance with section 702(b)(1) of the              checklist for each investigation is
                                                  are not negligible for purposes of a                    Act, we are initiating CVD                            available on ACCESS.
                                                  threat determination.31 Petitioners’                    investigations to determine whether                     In accordance with section 703(b)(1)
                                                  arguments regarding the potential for                   manufacturers, producers, and/or                      of the Act and 19 CFR 351.205(b)(1),
                                                  imports to imminently exceed the                        exporters of CTL plate from Brazil, the               unless postponed, we will make our
                                                  negligibility threshold are consistent                  PRC, and Korea receive countervailable                preliminary determination no later than
                                                  with the statutory criterial for                        subsidies from the governments of these               65 days after the date of this initiation.
                                                  ‘‘negligibility in threat analysis’’ under              countries, respectively.                              Respondent Selection
                                                  section 771(24)(A)(iv) of the Act, which                   On June 29, 2015, the President of the
                                                                                                          United States signed into law the Trade                  Petitioners named three companies as
                                                  provides that imports shall not be                                                                            producers/exporters of CTL plate in
                                                  treated as negligible if there is a                     Preferences Extension Act of 2015,
                                                                                                          which made numerous amendments to                     Brazil, 56 in the PRC, and 21 in Korea.37
                                                  potential that subject imports from a                                                                         In the event the Department determines
                                                                                                          the AD and CVD law.34 The 2015 law
                                                  country will imminently exceed the                                                                            the number of companies subject to
                                                                                                          does not specify dates of application for
                                                  statutory requirements for negligibility.                                                                     each investigation is large, the
                                                                                                          those amendments. On August 6, 2015,
                                                     Petitioners contend that the industry’s              the Department published an                           Department intends to follow its
                                                  injured condition is illustrated by                     interpretative rule, in which it                      standard practice in CVD investigations,
                                                  reduced market share; declines in                       announced the applicability dates for                 and, where appropriate, select
                                                  production, capacity utilization, U.S.                  each amendment to the Act, except for                 respondents based on U.S. Customs and
                                                  shipments, labor hours, and wages;                      amendments contained in section 771(7)                Border Protection (CBP) data for U.S.
                                                  underselling and price suppression or                   of the Act, which relate to                           imports of CTL plate during the POI
                                                  depression; deteriorating financial                     determinations of material injury by the              under the appropriate Harmonized
                                                  performance; and lost sales and                         ITC.35 The amendments to sections 776                 Tariff Schedule of the United States
                                                  revenues.32 We have assessed the                        and 782 of the Act are applicable to all              numbers. We intend to release CBP data
                                                  allegations and supporting evidence                     determinations made on or after August                under Administrative Protective Order
                                                  regarding material injury, threat of                    6, 2015, and, therefore, apply to these               (APO) to all parties with access to
                                                  material injury, and causation, and we                  CVD investigations.36                                 information protected by APO within
                                                  have determined that these allegations                                                                        five business days of publication of this
                                                  are properly supported by adequate                      Brazil
                                                                                                                                                                Federal Register notice. Comments
                                                  evidence and meet the statutory                           Based on our review of the petition,                regarding the CBP data and respondent
                                                  requirements for initiation.33                          we find that there is sufficient                      selection should be submitted seven
                                                                                                          information to initiate a CVD                         calendar days after the placement of the
                                                  Initiation of CVD Investigation
                                                                                                          investigation on 24 of the 25 alleged                 CBP data on the record of this
                                                     Section 702(b)(1) of the Act requires                programs. For a full discussion of the                investigation. Parties wishing to submit
                                                  the Department to initiate a CVD                        basis for our decision to initiate or not             rebuttal comments should submit those
                                                  investigation whenever an interested                    initiate on each program, see the Brazil              comments five calendar days after the
                                                  party files a CVD petition on behalf of                 CVD Initiation Checklist.                             deadline for initial comments.
                                                  an industry that (1) alleges the elements               The PRC                                                  Comments must be filed
                                                  necessary for an imposition of a duty                                                                         electronically using ACCESS. An
                                                  under section 701(a) of the Act and (2)                   Based on our review of the petition,                electronically-filed document must be
                                                  is accompanied by information                           we find that there is sufficient                      received successfully, in its entirety, by
                                                  reasonably available to Petitioners                     information to initiate a CVD                         ACCESS no later than 5:00 p.m. ET on
                                                  supporting the allegations.                             investigation on 43 of the 44 alleged                 the date noted above. We intend to
                                                                                                          programs. For a full discussion of the                make our decision regarding respondent
                                                    30 See  section 771(36)(A)–(B) of the Act.
                                                                                                          basis for our decision to initiate or not             selection within 20 days of publication
                                                    31 See  Second General Issues Supplement, at 1–       initiate on each program, see the PRC                 of this notice. Interested parties must
                                                  4 and Exhibit 1.                                        CVD Initiation Checklist.                             submit applications for disclosure under
                                                     32 See Volume I of the Petitions, at 20–22, 34–47

                                                  and Exhibits I–4, I–5, I–9, I–10, I–12 through I–14,
                                                                                                          Korea                                                 APO in accordance with 19 CFR
                                                  I–16, and I–17; see also General Issues Supplement,       Based on our review of the petition,                351.305(b). Instructions for filing such
                                                  at 11–15 and Exhibits I–Supp–1, I–Supp–6, I–
                                                                                                          out of the 42 alleged programs, we find               applications may be found on the
                                                  Supp–7, and I–Supp–9.                                                                                         Department’s Web site at http://
                                                     33 See Brazil CVD Initiation Checklist, PRC CVD
                                                                                                            34 See Trade Preferences Extension Act of 2015,     enforcement.trade.gov/apo.
                                                  Initiation Checklist, and Korea CVD Initiation
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                                                  Checklist, at Attachment III, Analysis of Allegations   Public Law 114–27, 129 Stat. 362 (2015).              Distribution of Copies of the Petition
                                                                                                            35 See Dates of Application of Amendments to the
                                                  and Evidence of Material Injury and Causation for
                                                  the Antidumping and Countervailing Duty Petitions       Antidumping and Countervailing Duty Laws Made           In accordance with section
                                                  Covering Certain Carbon and Alloy Steel Cut-to-         by the Trade Preferences Extension Act of 2015, 80    702(b)(4)(A)(i) of the Act and 19 CFR
                                                  Length Plate from Austria, Belgium, Brazil, the         FR 46793 (August 6, 2015) (Applicability Notice).
                                                                                                          The 2015 amendments may be found at https://
                                                                                                                                                                351.202(f), a copy of the public version
                                                  People’s Republic of China, France, the Federal
                                                  Republic of Germany, Italy, Japan, the Republic of      www.congress.gov/bill/114th-congress/house-bill/      of the Petition has been provided to the
                                                  Korea, South Africa, Taiwan, and the Republic of        1295/text/pl.
                                                  Turkey.                                                   36 See Applicability Notice, 80 FR at 46794–95.       37 See   Petition, Volume I at Exhibit I–8.



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                                                  27102                              Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices

                                                  GOB, GOC and GOK via ACCESS. To                              request will be considered untimely if it               in this investigation should ensure that
                                                  the extent practicable, we will attempt                      is filed after the expiration of the time               they meet the requirements of these
                                                  to provide a copy of the public version                      limit established under 19 CFR 351.301                  procedures (e.g., the filing of letters of
                                                  of the Petitions to each known exporter                      expires. For submissions that are due                   appearance as discussed at 19 CFR
                                                  (as named in the Petitions), consistent                      from multiple parties simultaneously,                   351.103(d)).
                                                  with 19 CFR 351.203(c)(2).                                   an extension request will be considered                   This notice is issued and published
                                                                                                               untimely if it is filed after 10:00 a.m. on             pursuant to sections 702 and 777(i) of
                                                  ITC Notification                                             the due date. Under certain                             the Act.
                                                    We will notify the ITC of our                              circumstances, we may elect to specify                    Dated: April 28, 2016.
                                                  initiation, as required by section 702(d)                    a different time limit by which                         Paul Piquado,
                                                  of the Act.                                                  extension requests will be considered                   Assistant Secretary for Enforcement and
                                                  Preliminary Determinations by the ITC                        untimely for submissions which are due                  Compliance.
                                                                                                               from multiple parties simultaneously. In
                                                     The ITC will preliminarily determine,                     such a case, we will inform parties in                  Appendix I
                                                  within 45 days after the date on which                       the letter or memorandum setting forth                  Scope of the Investigations
                                                  the Petition was filed, whether there is                     the deadline (including a specified time)
                                                  a reasonable indication that imports of                                                                                 The products covered by these
                                                                                                               by which extension requests must be                     investigations are certain carbon and alloy
                                                  CTL plate from Brazil, the PRC, and                          filed to be considered timely. An                       steel hot-rolled or forged flat plate products
                                                  Korea are materially injuring, or                            extension request must be made in a                     not in coils, whether or not painted,
                                                  threatening material injury to, a U.S.                       separate, stand-alone submission; under                 varnished, or coated with plastics or other
                                                  industry.38 A negative ITC                                   limited circumstances we will grant                     non-metallic substances (cut-to-length plate).
                                                  determination will result in the                             untimely-filed requests for the extension               Subject merchandise includes plate that is
                                                  investigation being terminated.39                            of time limits. Review Extension of                     produced by being cut-to-length from coils or
                                                  Otherwise, this investigation will                                                                                   from other discrete length plate and plate
                                                                                                               Time Limits; Final Rule, 78 FR 57790                    that is rolled or forged into a discrete length.
                                                  proceed according to statutory and                           (September 20, 2013), available at                      The products covered include (1) Universal
                                                  regulatory time limits.                                      http://www.gpo.gov/fdsys/pkg/FR-2013-                   mill plates (i.e., flat-rolled products rolled on
                                                  Submission of Factual Information                            09-20/html/2013-22853.htm, prior to                     four faces or in a closed box pass, of a width
                                                                                                               submitting factual information in this                  exceeding 150 mm but not exceeding 1250
                                                     Factual information is defined in 19                      investigation.                                          mm, and of a thickness of not less than 4
                                                  CFR 351.102(b)(21) as: (i) Evidence                                                                                  mm, which are not in coils and without
                                                  submitted in response to questionnaires;                     Certification Requirements                              patterns in relief), and (2) hot-rolled or forged
                                                  (ii) evidence submitted in support of                          Any party submitting factual                          flat steel products of a thickness of 4.75 mm
                                                  allegations; (iii) publicly available                        information in an AD or CVD                             or more and of a width which exceeds 150
                                                  information to value factors under 19                                                                                mm and measures at least twice the
                                                                                                               proceeding must certify to the accuracy                 thickness, and which are not in coils,
                                                  CFR 351.408(c) or to measure the                             and completeness of that information.40                 whether or not with patterns in relief. The
                                                  adequacy of remuneration under 19 CFR                        Parties are hereby reminded that revised                covered products described above may be
                                                  351.511(a)(2); (iv) evidence placed on                       certification requirements are in effect                rectangular, square, circular or other shapes
                                                  the record by the Department; and (v)                        for company/government officials, as                    and include products of either rectangular or
                                                  evidence other than factual information                      well as their representatives.                          non-rectangular cross-section where such
                                                  described in (i)–(iv). 19 CFR 351.301(b)                     Investigations initiated on the basis of                non-rectangular cross-section is achieved
                                                  requires any party, when submitting                          petitions filed on or after August 16,                  subsequent to the rolling process, i.e.,
                                                  factual information, to specify under                                                                                products which have been ‘‘worked after
                                                                                                               2013, and other segments of any AD or                   rolling’’, (e.g., products which have been
                                                  which subsection of 19 CFR                                   CVD proceedings initiated on or after                   beveled or rounded at the edges).
                                                  351.102(b)(21) the information is being                      August 16, 2013, should use the formats                    For purposes of the width and thickness
                                                  submitted and, if the information is                         for the revised certifications provided at              requirements referenced above, the following
                                                  submitted to rebut, clarify, or correct                      the end of the Final Rule.41 The                        rules apply:
                                                  factual information already on the                           Department intends to reject factual                       (1) Except where otherwise stated where
                                                  record, to provide an explanation                            submissions if the submitting party does                the nominal and actual thickness or width
                                                  identifying the information already on                       not comply with the applicable revised                  measurements vary, a product from a given
                                                  the record that the factual information                                                                              subject country is within the scope if
                                                                                                               certification requirements.                             application of either the nominal or actual
                                                  seeks to rebut, clarify, or correct. Time
                                                                                                               Notification to Interested Parties                      measurement would place it within the scope
                                                  limits for the submission of factual
                                                                                                                                                                       based on the definitions set forth above
                                                  information are addressed in 19 CFR                            Interested parties must submit                        unless the product is already covered by an
                                                  351.301, which provides specific time                        applications for disclosure under APO                   order existing on that specific country (e.g.,
                                                  limits based on the type of factual                          in accordance with 19 CFR 351.305. On                   orders on hot-rolled flat-rolled steel); and
                                                  information being submitted. Parties                         January 22, 2008, the Department                           (2) where the width and thickness vary for
                                                  should review the regulations prior to                       published Antidumping and                               a specific product (e.g., the thickness of
                                                  submitting factual information in this                       Countervailing Duty Proceedings:                        certain products with non-rectangular cross-
                                                  investigation.                                               Documents Submission Procedures;                        section, the width of certain products with
                                                                                                               APO Procedures, 73 FR 3634 (January                     non-rectangular shape, etc.), the
                                                  Extension of Time Limits Regulation                                                                                  measurement at its greatest width or
                                                                                                               22, 2008). Parties wishing to participate               thickness applies.
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                                                    Parties may request an extension of
                                                                                                                                                                          Steel products included in the scope of
                                                  time limits before the expiration of a                         40 See section 782(b) of the Act.                     these investigations are products in which:
                                                  time limit established under 19 CFR                            41 See Certification of Factual Information To        (1) Iron predominates, by weight, over each
                                                  351.301, or as otherwise specified by the                    Import Administration During Antidumping and
                                                                                                                                                                       of the other contained elements; and (2) the
                                                                                                               Countervailing Duty Proceedings, 78 FR 42678 (July
                                                  Secretary. In general, an extension                          17, 2013) (‘‘Final Rule’’); see also frequently asked   carbon content is 2 percent or less by weight.
                                                                                                               questions regarding the Final Rule, available at           Subject merchandise includes cut-to-length
                                                    38 See   section 703(a)(2) of the Act.                     http://enforcement.trade.gov/tlei/notices/factual_      plate that has been further processed in the
                                                    39 See   section 703(a)(1) of the Act.                     info_final_rule_FAQ_07172013.pdf.                       subject country or a third country, including



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                                                                                  Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices                                                27103

                                                  but not limited to pickling, oiling, levelling,            • Hydrogen not greater than 2 ppm, and                • Silicon not greater than 0.25,
                                                  annealing, tempering, temper rolling, skin                 • Nitrogen not greater than 60 ppm;                   • Manganese not greater than 0.50,
                                                  passing, painting, varnishing, trimming,                   (b) With a Brinell hardness measured in all           • Nickel 3.0–3.5,
                                                  cutting, punching, beveling, and/or slitting,           parts of the product including mid thickness             • Sulfur not greater than 0.010,
                                                  or any other processing that would not                  falling within one of the following ranges:              • Phosphorus not greater than 0.020,
                                                  otherwise remove the merchandise from the                  (i) 270–300 HBW,                                      • Chromium 1.0–1.5,
                                                  scope of the investigations if performed in                (ii) 290–320 HBW, or                                  • Molybdenum 0.6–0.9,
                                                  the country of manufacture of the cut-to-                  (iii) 320–350HBW;                                     • Vanadium 0.08 to 0.12
                                                  length plate.                                              (c) Having cleanliness in accordance with             • Boron 0.002–0.004,
                                                    All products that meet the written physical           ASTM E45 method A (Thin and Heavy): A                    • Oxygen not greater than 20 ppm,
                                                  description, are within the scope of these              not exceeding 1.5, B not exceeding 1.0, C not            • Hydrogen not greater than 2 ppm, and
                                                  investigations unless specifically excluded or          exceeding 0.5, D not exceeding 1.5; and                  • Nitrogen not greater than 60 ppm.
                                                  covered by the scope of an existing order.                 (d) Conforming to ASTM A578–S9                        (b) Having cleanliness in accordance with
                                                  The following products are outside of, and/             ultrasonic testing requirements with                  ASTM E45 method A (Thin and Heavy): A
                                                  or specifically excluded from, the scope of             acceptance criteria 2 mm flat bottom hole;            not exceeding 1.0(t) and 0.5(h), B not
                                                  these investigations:                                      (6) Alloy forged and rolled steel CTL plate        exceeding 1.5(t) and 1.0(h), C not exceeding
                                                    (1) Products clad, plated, or coated with             over 407 mm in actual thickness and meeting           1.0(t) and 0.5(h), and D not exceeding 1.5(t)
                                                  metal, whether or not painted, varnished or             the following requirements:                           and 1.0(h);
                                                  coated with plastic or other non-metallic                  (a) Made from Electric Arc Furnace melted,            (c) Having the following mechanical
                                                  substances;                                             Ladle refined & vacuum degassed, alloy steel          properties: A Brinell hardness not less than
                                                    (2) military grade armor plate certified to           with the following chemical composition               350 HBW measured in all parts of the
                                                  one of the following specifications or to a             (expressed in weight percentages):                    product including mid thickness; and having
                                                  specification that references and incorporates             • Carbon 0.23–0.28,                                a Yield Strength of 145ksi or more and UTS
                                                  one of the following specifications:                       • Silicon 0.05–0.15,                               160ksi or more, Elongation of 15% or more
                                                    • MIL–A–12560,                                           • Manganese 1.20–1.50,                             and Reduction of area 35% or more; having
                                                    • MIL–DTL–12560H,                                        • Nickel not greater than 0.4,                     charpy V at ¥40 degrees F in the transverse
                                                    • MIL–DTL–12560J,                                        • Sulfur not greater than 0.010,                   direction equal or greater than 20 ft. lbs
                                                    • MIL–DTL–12560K,                                        • Phosphorus not greater than 0.020,               (single value) and equal or greater than 25 ft.
                                                    • MIL–DTL–32332,                                         • Chromium 1.20–1.50,                              lbs (average of 3 specimens);
                                                    • MIL–A–46100D,                                          • Molybdenum 0.35–0.55,                               (d) Conforming to ASTM A578–S9
                                                    • MIL–DTL–46100–E,                                       • Boron 0.002–0.004,                               ultrasonic testing requirements with
                                                    • MIL–46177C,                                            • Oxygen not greater than 20 ppm,                  acceptance criteria 3.2 mm flat bottom hole;
                                                    • MIL–S–16216K Grade HY80,                               • Hydrogen not greater than 2 ppm, and             and
                                                    • MIL–S–16216K Grade HY100,                              • Nitrogen not greater than 60 ppm;                   (e) Conforming to magnetic particle
                                                    • MIL–S–24645A HSLA–80;                                  (b) Having cleanliness in accordance with          inspection in accordance with AMS 2301.
                                                    • MIL–S–24645A HSLA–100,                              ASTM E45 method A (Thin and Heavy): A                    At the time of the filing of the petition,
                                                    • T9074–BD–GIB–010/0300 Grade HY80,                   not exceeding 1.5, B not exceeding 1.5, C not         there was an existing antidumping duty order
                                                    • T9074–BD–GIB–010/0300 Grade HY100,                  exceeding 1.0, D not exceeding 1.5;                   on certain cut-to-length carbon-quality steel
                                                    • T9074–BD–GIB–010/0300 Grade                            (c) Having the following mechanical                plate products from Korea. See Notice of
                                                  HSLA80,                                                 properties:                                           Final Determination of Sales at Less Than
                                                    • T9074–BD–GIB–010/0300 Grade                            (i) With a Brinell hardness not more than          Fair Value: Certain Cut-To-Length Carbon-
                                                  HSLA100, and                                            237 HBW measured in all parts of the                  Quality Steel Plate Products from Korea, 64
                                                    • T9074–BD–GIB–010/0300 Mod. Grade                    product including mid thickness; and having           FR 73,196 (Dep’t Commerce Dec. 29, 1999),
                                                  HSLA115,                                                a Yield Strength of 75ksi min and UTS 95ksi           as amended, 65 FR 6,585 (Dep’t Commerce
                                                  except that any cut-to-length plate certified to        or more, Elongation of 18% or more and                Feb 10, 2000) (1999 Korea AD Order). The
                                                  one of the above specifications, or to a                Reduction of area 35% or more; having                 scope of the antidumping duty investigation
                                                  military grade armor specification that                 charpy V at ¥75 degrees F in the                      with regard to cut-to-length plate from Korea
                                                  references and incorporates one of the above            longitudinal direction equal or greater than          covers only (1) subject cut-to-length plate not
                                                  specifications, will not be excluded from the           15 ft. lbs (single value) and equal or greater        within the physical description of cut-to-
                                                  scope if it is also dual- or multiple-certified         than 20 ft. lbs (average of 3 specimens) and          length carbon quality steel plate in the 1999
                                                  to any other non-armor specification that               conforming to the requirements of NACE                Korea AD Order, regardless of producer or
                                                  otherwise would fall within the scope of this           MR01–75; or                                           exporter; and (2) cut-to-length plate produced
                                                  order;                                                     (ii) With a Brinell hardness not less than         and/or exported by those companies that
                                                    (3) stainless steel plate, containing 10.5            240 HBW measured in all parts of the                  were excluded or revoked from the 1999
                                                  percent or more of chromium by weight;                  product including mid thickness; and having           Korea AD Order as of April 8, 2016. The only
                                                    (4) CTL plate meeting the requirements of             a Yield Strength of 90 ksi min and UTS 110            revoked or excluded company is Pohang Iron
                                                  ASTM A–829, Grade E 4340 that are over 305              ksi or more, Elongation of 15% or more and            and Steel Company, also known as POSCO.
                                                  mm in actual thickness;                                 Reduction of area 30% or more; having                    At the time of the filing of the petition,
                                                    (5) Alloy forged and rolled CTL plate                 charpy V at ¥40 degrees F in the                      there was an existing countervailing duty
                                                  greater than or equal to 152.4 mm in actual             longitudinal direction equal or greater than          order on certain cut-to-length carbon-quality
                                                  thickness meeting each of the following                 21 ft. lbs (single value) and equal or greater        steel plate from Korea. See Final Affirmative
                                                  requirements:                                           than 31 ft. lbs (average of 3 specimens);             Countervailing Duty Determination: Certain
                                                    (a) Electric furnace melted, ladle refined &             (d) Conforming to ASTM A578–S9                     Cut-to-Length Carbon-Quality Steel Plate
                                                  vacuum degassed and having a chemical                   ultrasonic testing requirements with                  From the Republic of Korea, 64 FR 73,176
                                                  composition (expressed in weight                        acceptance criteria 3.2 mm flat bottom hole;          (Dep’t Commerce Dec. 29, 1999), as amended,
                                                  percentages):                                           and                                                   65 FR 6,587 (Dep’t Commerce Feb. 10, 2000)
                                                    • Carbon 0.23–0.28,                                      (e) Conforming to magnetic particle                (1999 Korea CVD Order). The scope of the
                                                    • Silicon 0.05–0.20,                                  inspection in accordance with AMS 2301;               countervailing duty investigation with regard
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                                                    • Manganese 1.20–1.60,                                   (7) Alloy forged and rolled steel CTL plate        to cut-to-length plate from Korea covers only
                                                    • Nickel not greater than 1.0,                        over 407 mm in actual thickness and meeting           (1) subject cut-to-length plate not within the
                                                    • Sulfur not greater than 0.007,                      the following requirements:                           physical description of cut-to-length carbon
                                                    • Phosphorus not greater than 0.020,                     (a) Made from Electric Arc Furnace melted,         quality steel plate in the 1999 Korea CVD
                                                    • Chromium 1.0–2.5,                                   ladle refined & vacuum degassed, alloy steel          Order regardless of producer or exporter, and
                                                    • Molybdenum 0.35–0.80,                               with the following chemical composition               (2) cut-to-length plate produced and/or
                                                    • Boron 0.002–0.004,                                  (expressed in weight percentages):                    exported by those companies that were
                                                    • Oxygen not greater than 20 ppm,                        • Carbon 0.25–0.30,                                excluded or revoked from the 1999 Korea



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                                                  27104                           Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices

                                                  CVD Order as of April 8, 2016. The only                 Service (NOS), National Oceanic and                     Dated: April 28, 2016.
                                                  revoked or excluded company is Pohang Iron              Atmospheric Administration (NOAA),                    John A. Armor,
                                                  and Steel Company, also known as POSCO.                 Department of Commerce (DOC).                         Acting Director, Office of National Marine
                                                     Excluded from the scope of the                                                                             Sanctuaries, National Ocean Service,
                                                  antidumping duty investigation on cut-to-               ACTION: Notice of open meeting.
                                                                                                                                                                National Oceanic and Atmospheric
                                                  length plate from China are any products                                                                      Administration.
                                                  covered by the existing antidumping duty                SUMMARY:   Notice is hereby given of a
                                                                                                          meeting of the Marine Protected Areas                 [FR Doc. 2016–10532 Filed 5–4–16; 8:45 am]
                                                  order on certain cut-to-length carbon steel
                                                  plate from the People’s Republic of China.              Federal Advisory Committee                            BILLING CODE 3510–NK–P
                                                  See Suspension Agreement on Certain Cut-to-             (Committee) in Winter Harbor, Maine.
                                                  Length Carbon Steel Plate From the People’s             DATES: The meeting will be held
                                                  Republic of China; Termination of                                                                             BUREAU OF CONSUMER FINANCIAL
                                                                                                          Tuesday, May 24, 2016, from 9:00 a.m.
                                                  Suspension Agreement and Notice of                                                                            PROTECTION
                                                  Antidumping Duty Order, 68 FR 60,081                    to 5:00 p.m.; Wednesday, May 25, 2016,
                                                  (Dep’t Commerce Oct. 21, 2003), as amended,             from 8:30 a.m. to 5:00 p.m.; and                      [Docket No: CFPB–2016–0019]
                                                  Affirmative Final Determination of                      Thursday, May 26, 2016, from 8:30 a.m.
                                                  Circumvention of the Antidumping Duty                   to 5:00 p.m. These times and the agenda               Privacy Act of 1974, as Amended
                                                  Order on Certain Cut-to-Length Carbon Steel             topics described below are subject to
                                                  Plate From the People’s Republic of China,                                                                    AGENCY:  Bureau of Consumer Financial
                                                                                                          change. Refer to the Web page listed
                                                  76 FR 50,996, 50,996–97 (Dep’t of Commerce                                                                    Protection.
                                                                                                          below for the most up-to-date meeting
                                                  Aug. 17, 2011). On August 17, 2011, the U.S.                                                                  ACTION: Notice of a Revised Privacy Act
                                                                                                          agenda.
                                                  Department of Commerce found that the                                                                         System of Records.
                                                  order covered all imports of certain cut-to-            ADDRESSES:   The meeting will be held at
                                                  length carbon steel plate products with                 the Schoodic Institute at Acadia                      SUMMARY:    In accordance with the
                                                  0.0008 percent or more boron, by weight,                National Park, Schoodic Point, 9                      Privacy Act of 1974, as amended, the
                                                  from China not meeting all of the following             Atterbury Circle, Winter Harbor, Maine                Bureau of Consumer Financial
                                                  requirements: aluminum level of 0.02 percent            04693.                                                Protection, hereinto referred to as the
                                                  or greater, by weight; a ratio of 3.4 to 1 or                                                                 Consumer Financial Protection Bureau
                                                  greater, by weight, of titanium to nitrogen;            FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                (CFPB or Bureau), gives notice of the
                                                  and a hardenability test (i.e., Jominy test)            Lauren Wenzel, Designated Federal
                                                                                                                                                                establishment of a revised Privacy Act
                                                  result indicating a boron factor of 1.8 or              Officer, MPA FAC, National Marine                     System of Records.
                                                  greater.                                                Protected Areas Center, 1305 East West
                                                     The products subject to the investigations                                                                 DATES: Comments must be received no
                                                                                                          Highway, Silver Spring, Maryland
                                                  are currently classified in the Harmonized              20910. (Phone: 301–713–7265, Fax:                     later than June 6, 2016. The new system
                                                  Tariff Schedule of the United States (HTSUS)                                                                  of records will be effective June 14,
                                                                                                          301–713–3110); email: lauren.wenzel@
                                                  under item numbers: 7208.40.3030,                                                                             2016, unless the comments received
                                                  7208.40.3060, 7208.51.0030, 7208.51.0045,               noaa.gov; or visit the National MPA
                                                                                                                                                                result in a contrary determination.
                                                  7208.51.0060, 7208.52.0000, 7211.13.0000,               Center Web site at http://
                                                                                                          marineprotectedareas.noaa.gov/.                       ADDRESSES: You may submit comments,
                                                  7211.14.0030, 7211.14.0045, 7225.40.1110,
                                                  7225.40.1180, 7225.40.3005, 7225.40.3050,
                                                                                                                                                                identified by the title and docket
                                                                                                          SUPPLEMENTARY INFORMATION: The
                                                  7226.20.0000, and 7226.91.5000.                                                                               number (see above), by any of the
                                                                                                          Committee, composed of external,                      following methods:
                                                     The products subject to the investigations           knowledgeable representatives of
                                                  may also enter under the following HTSUS                                                                         • Electronic: privacy@cfpb.gov or
                                                  item numbers: 7208.40.6060, 7208.53.0000,
                                                                                                          stakeholder groups, was established by                http://www.regulations.gov. Follow the
                                                  7208.90.0000, 7210.70.3000, 7210.90.9000,               the Department of Commerce (DOC) to                   instructions for submitting comments.
                                                  7211.19.1500, 7211.19.2000, 7211.19.4500,               provide advice to the Secretaries of                     • Mail: Claire Stapleton, Chief
                                                  7211.19.6000, 7211.19.7590, 7211.90.0000,               Commerce and the Interior on                          Privacy Officer, Consumer Financial
                                                  7212.40.1000, 7212.40.5000, 7212.50.0000,               implementation of Section 4 of                        Protection Bureau, 1700 G Street NW.,
                                                  7214.10.000, 7214.30.0010, 7214.30.0080,                Executive Order 13158, on marine                      Washington, DC 20552.
                                                  7214.91.0015, 7214.91.0060, 7214.91.0090,               protected areas (MPAs). The meeting is                   • Hand Delivery/Courier: Claire
                                                  7225.11.0000, 7225.19.0000, 7225.40.5110,               open to the public, and public comment                Stapleton, Chief Privacy Officer,
                                                  7225.40.5130, 7225.40.5160, 7225.40.7000,               will be accepted from 4:30 p.m. to 5:00               Consumer Financial Protection Bureau,
                                                  7225.99.0010, 7225.99.0090, 7206.11.1000,
                                                  7226.11.9060, 7229.19.1000, 7226.19.9000,
                                                                                                          p.m. on Tuesday, May 24, 2016. In                     1275 First Street NE., Washington, DC
                                                  7226.91.0500, 7226.91.1530, 7226.91.1560,               general, each individual or group will                20002.
                                                  7226.91.2530, 7226.91.2560, 7226.91.7000,               be limited to a total time of five (5)                Comments will be available for public
                                                  7226.91.8000, and 7226.99.0180.                         minutes. If members of the public wish                inspection and copying at 1275 First
                                                     The HTSUS subheadings above are                      to submit written statements, they                    Street NE., Washington, DC 20002 on
                                                  provided for convenience and customs                    should be submitted to the Designated                 official business days between the hours
                                                  purposes only. The written description of the           Federal Official by Friday, May 20,                   of 10 a.m. and 5 p.m. Eastern Time. You
                                                  scope of the investigations is dispositive.             2016.                                                 can make an appointment to inspect
                                                  [FR Doc. 2016–10631 Filed 5–4–16; 8:45 am]                 Matters To Be Considered: The focus                comments by telephoning (202) 435–
                                                  BILLING CODE 3510–DS–P                                  of the Committee’s meeting will be to                 7220. All comments, including
                                                                                                          complete and act on Subcommittee and                  attachments and other supporting
                                                                                                          Working Group reports and                             materials, will become part of the public
                                                  DEPARTMENT OF COMMERCE                                  recommendations related to ecological                 record and subject to public disclosure.
                                                                                                          connectivity, external financing, and                 You should submit only information
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                                                  National Oceanic and Atmospheric                        Arctic MPAs; provide an opportunity                   that you wish to make available
                                                  Administration (NOAA)                                   for public comment on MPA issues; and                 publicly. Sensitive personal
                                                                                                          provide an opportunity for Committee                  information, such as account numbers
                                                  Marine Protected Areas Federal                                                                                or social security numbers, should not
                                                  Advisory Committee; Public Meeting                      input on potential future focus areas.
                                                                                                          The agenda is subject to change. The                  be included.
                                                  AGENCY: Office of National Marine                       latest version will be posted at http://              FOR FURTHER INFORMATION CONTACT:
                                                  Sanctuaries (ONMS), National Ocean                      marineprotectedareas.noaa.gov/.                       Claire Stapleton, Chief Privacy Officer,


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Document Created: 2016-05-05 01:15:07
Document Modified: 2016-05-05 01:15:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactNicholas Czajkowski at (202) 482-1395 (Brazil); Katie Marksberry at (202) 482-7906 (the People's Republic of China); and John Drury at (202) 482-0195 (Republic of Korea), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.
FR Citation81 FR 27098 

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