81_FR_63048 81 FR 62871 - Certain Carbon and Alloy Steel Cut-to-Length Plate From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

81 FR 62871 - Certain Carbon and Alloy Steel Cut-to-Length Plate From the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 177 (September 13, 2016)

Page Range62871-62874
FR Document2016-21999

The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers/exporters of certain carbon and alloy steel cut-to-length plate (CTL plate) from the People's Republic of China (PRC). The period of investigation is January 1, 2015, through December 31, 2015. Interested parties are invited to comment on this preliminary determination.

Federal Register, Volume 81 Issue 177 (Tuesday, September 13, 2016)
[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62871-62874]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21999]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-048]


Certain Carbon and Alloy Steel Cut-to-Length Plate From the 
People's Republic of China: Preliminary Affirmative Countervailing Duty 
Determination and Alignment of Final Determination With Final 
Antidumping Duty Determination

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that countervailable subsidies are being provided to 
producers/exporters of certain carbon and alloy steel cut-to-length 
plate (CTL plate) from the People's Republic of China (PRC). The period 
of investigation is January 1, 2015, through December 31, 2015. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective September 13, 2016.

FOR FURTHER INFORMATION CONTACT: Ryan Mullen, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone (202) 482-5260.

SUPPLEMENTARY INFORMATION: 

Alignment of Final Countervailing Duty (CVD) Determination With Final 
Antidumping Duty (AD) Determination

    On the same day the Department initiated this CVD investigation, 
the Department also initiated CVD investigations of CTL plate from 
Brazil and the Republic of Korea (Korea) and AD investigations of CTL 
plate from Austria, Belgium, Brazil, France, Germany, Italy, Japan, 
Korea, the PRC, South Africa, Taiwan, and Turkey.\1\ The CVD 
investigation covers the same merchandise as the AD investigations of 
CTL plate from Austria, Belgium, Brazil, France, Germany, Italy, Japan, 
South Africa, Taiwan, and Turkey.\2\
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    \1\ See 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 (May 
5, 2016) (Initiation Notice); see also Certain Carbon and Alloy 
Steel Cut-To-Length Plate From Austria, Belgium, Brazil, France, the 
Federal Republic of Germany, Italy, Japan, the Republic of Korea, 
the People's Republic of China, South Africa, Taiwan, and the 
Republic of Turkey: Initiation of Less-Than-Fair-Value 
Investigations, 81 FR 27089 (May 5, 2016).
    \2\ For a complete case history, see Memorandum from Gary 
Taverman, Associate Deputy Assistant Secretary for Antidumping and 
Countervailing Duty Operations, to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Decision Memorandum for the Preliminary Affirmative Determination: 
Countervailing Duty Investigation of Certain Carbon and Alloy Steel 
Cut-to-Length Plate from the People's Republic of China,'' dated 
concurrently with this notice and hereby incorporated by reference, 
and adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

    On August 25, 2016, in accordance with section 705(a)(1) of the 
Tariff Act of 1930, as amended (Act), Petitioners \3\ requested 
alignment of the final CVD determination with the final AD 
determination of CTL plate from the PRC. Therefore, in accordance with 
section 705(a)(1) of the Act and 19 CFR 351.210(b)(4), we are aligning 
the final CVD determination with the final AD determination of CTL 
plate from Austria, Belgium, France, Germany, Italy, Japan, and 
Taiwan.\4\ Consequently, we intend to issue the final CVD determination 
on the same date as the final AD determination,

[[Page 62872]]

which is currently scheduled to be issued no later than January 18, 
2017, unless postponed.\5\
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    \3\ Petitioners in this investigation are ArcelorMittal USA LLC, 
Nucor Corporation, and SSAB Enterprises LLC.
    \4\ See Letter to the Secretary of Commerce from Petitioners, 
``Carbon and Alloy Steel Cut-to-Length Plate from People's Republic 
of China and Korea--Petitioners' Request to Align the Countervailing 
Duty Final Determinations with the Companion Antidumping Duty Final 
Determination,'' (August 25, 2016).
    \5\ The AD determinations of CTL plate from Brazil, South 
Africa, and Turkey were not postponed. See Certain Carbon and Alloy 
Steel Cut-to-Length Plate Austria, Belgium, France, the Federal 
Republic of Germany, Italy, Japan, the Republic of Korea, the 
People's Republic of China, and Taiwan: Postponement of Preliminary 
Determinations of Antidumping Duty Investigations, 81 FR 59185 
(August 29, 2016).
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Scope of the Investigation

    The scope of this investigation covers CTL plate from the PRC. For 
a complete description of the scope of this investigation, see Appendix 
I.

Scope Comments

    In accordance with the Preamble to the Department's regulations,\6\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\7\ Certain interested 
parties commented on the scope of this investigation as it appeared in 
the Initiation Notice, as well as additional language proposed by the 
Department. For a summary of the product coverage comments and rebuttal 
responses submitted to the record for this preliminary determination, 
and accompanying discussion and analysis of all comments timely 
received, see the Department's Scope Memorandum issued concurrently 
with this notice.\8\ The Department is preliminarily modifying the 
scope language as it appeared in the Initiation Notice to clarify the 
exclusion for stainless steel plate.\9\ The Department is also 
correcting two tariff numbers that were misidentified in the Petitions 
and in the Initiation Notice.\10\
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    \6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \7\ See Initiation Notice, 81 FR at 27099.
    \8\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``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, the 
Republic of South Africa, Taiwan, and Turkey: Scope Comments 
Decision Memorandum for the Preliminary Determinations'' 
(Preliminary Scope Decision Memorandum) dated concurrently with this 
preliminary determination.
    \9\ Specifically, the revised scope now states that stainless 
steel plate must not contain more than 1.2 percent of carbon by 
weight.
    \10\ Id.
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Methodology

    The Department is conducting this CVD investigation in accordance 
with section 701 of the Act. For a full description of the methodology 
underlying our preliminary conclusions, see the Preliminary Decision 
Memorandum.\11\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov, and is available to all 
parties in the Central Records Unit, room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
Internet at http://enforcement.trade.gov/frn/. The signed Preliminary 
Decision Memorandum and the electronic version of the Preliminary 
Decision Memorandum are identical in content.
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    \11\ See Preliminary Decision Memorandum.
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Preliminary Determination and Suspension of Liquidation

    In accordance with section 703(d)(1)(A)(i) of the Act, we 
determined an estimated countervailable subsidy rate for each producer/
exporter of the subject merchandise individually investigated. We 
preliminarily determine these rates to be:

------------------------------------------------------------------------
                                                           Subsidy rate
                         Company                             (percent)
------------------------------------------------------------------------
Jiangyin Xingcheng Special Steel Works Co. Ltd..........          210.50
Hunan Valin Xiangtan Iron & Steel.......................          210.50
Viewer Development Co., Ltd.............................          210.50
All Others..............................................          210.50
------------------------------------------------------------------------

    In accordance with section 703(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of 
all entries of CTL from the PRC as described in the scope of the 
investigation section entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register. Pursuant to 19 CFR 351.205(d), the Department will 
instruct CBP to require a cash deposit equal to the amounts indicated 
above.

International Trade Commission Notification

    In accordance with section 703(f) of the Act, we will notify the 
International Trade Commission (ITC) of our determination. In addition, 
we are making available to the ITC all non-privileged and non-
proprietary information relating to this investigation. We will allow 
the ITC access to all privileged and business proprietary information 
in our files, provided the ITC confirms that it will not disclose such 
information, either publicly or under an administrative protective 
order, without the written consent of the Assistant Secretary for 
Enforcement and Compliance.
    In accordance with section 705(b)(3) of the Act, if our final 
determination is affirmative, the ITC will make its final determination 
within 75 days after the Department makes its final determination.

Disclosure and Public Comment

    The Department intends to disclose to interested parties the 
calculations performed in connection with this preliminary 
determination within five days of its public announcement.\12\ 
Interested parties may submit case and rebuttal briefs, as well as 
request a hearing.\13\ For a schedule of the deadlines for filing case 
briefs, rebuttal briefs, and hearing requests, see the Preliminary 
Decision Memorandum.
---------------------------------------------------------------------------

    \12\ See 19 CFR 351.224(b).
    \13\ See 19 CFR 351.309(c)-(d) and 19 CFR 351.310(c).
---------------------------------------------------------------------------

    This determination is issued and published pursuant to sections 
703(f) and 777(i) of the Act and 19 CFR 351.205(c).

    Dated: September 6, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix I

Scope of the Investigation

    The products covered by this investigation 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.,

[[Page 62873]]

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 this investigation 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 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 investigation 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 this investigation 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 this 
investigation:
    (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 and not more than 1.2 percent of carbon 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) 320-350 HBW;
    (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 75 ksi min and UTS 95 ksi 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.
    The products subject to the investigation 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.

[[Page 62874]]

    The products subject to the investigation 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, 
7214.10.0000, 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, 7226.11.1000, 7226.11.9060, 
7226.19.1000, 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 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Application of the CVD Law to Imports From the PRC
VIII. Subsidies Valuation
IX. Use of Fact Otherwise Available and Adverse Inferences
X. Analysis of Programs
XI. ITC Notification
XII. Disclosure and Public Comment
XIII. Conclusion

[FR Doc. 2016-21999 Filed 9-12-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                                         Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices                                                  62871

                                             appropriate to rescind this review, but,                 analysis of the issues raised in any                  U.S. Department of Commerce, 14th
                                             rather, to complete this review and to                   briefs, not later than 120 days after the             Street and Constitution Avenue NW.,
                                             issue appropriate instructions to CBP                    date of publication of this notice, unless            Washington, DC 20230; telephone (202)
                                             based on the final results of this                       extended, pursuant to section                         482–5260.
                                             review.3                                                 751(a)(3)(A) of the Act.                              SUPPLEMENTARY INFORMATION:
                                             Assessment Rates                                         Notification to Importers                             Alignment of Final Countervailing Duty
                                               We intend to issue assessment                             This notice serves as a preliminary                (CVD) Determination With Final
                                             instructions to CBP 15 days after the                    reminder to importers of their                        Antidumping Duty (AD) Determination
                                             publication of the final results of this                 responsibility under 19 CFR                              On the same day the Department
                                             review.                                                  351.402(f)(2) to file a certificate                   initiated this CVD investigation, the
                                                                                                      regarding the reimbursement of                        Department also initiated CVD
                                             Disclosure and Public Comment                            countervailing duties prior to                        investigations of CTL plate from Brazil
                                                Pursuant to 19 CFR 351.309(c),                        liquidation of the relevant entries                   and the Republic of Korea (Korea) and
                                             interested parties may submit case briefs                during this review period. Failure to                 AD investigations of CTL plate from
                                             no later than 30 days after the                          comply with this requirement could                    Austria, Belgium, Brazil, France,
                                             publication of this notice.4 Rebuttal                    result in the Secretary’s presumption                 Germany, Italy, Japan, Korea, the PRC,
                                             briefs, limited to issues raised in the                  that reimbursement of countervailing                  South Africa, Taiwan, and Turkey.1 The
                                             case briefs, may be filed not later than                 duties occurred and the subsequent                    CVD investigation covers the same
                                             five days after the date for filing case                 assessment of double countervailing                   merchandise as the AD investigations of
                                             briefs.5 Parties who submit case or                      duties.                                               CTL plate from Austria, Belgium, Brazil,
                                             rebuttal briefs in this proceeding are                                                                         France, Germany, Italy, Japan, South
                                                                                                      Notice to Interested Parties
                                             encouraged to submit with each                                                                                 Africa, Taiwan, and Turkey.2
                                             argument: (1) A statement of the issue;                    We are issuing and publishing these                    On August 25, 2016, in accordance
                                             (2) a brief summary of the argument;                     results in accordance with sections                   with section 705(a)(1) of the Tariff Act
                                             and (3) a table of authorities.6 Case and                751(a)(1) and 777(1) of the Act, and 19               of 1930, as amended (Act), Petitioners 3
                                             rebuttal briefs should be filed through                  CFR 351.221(b)(4).                                    requested alignment of the final CVD
                                             ACCESS.7 In order to be properly filed,                    Dated: September 6, 2016.                           determination with the final AD
                                             ACCESS must successfully receive an                      Christian Marsh,                                      determination of CTL plate from the
                                             electronically-filed document in its                     Deputy Assistant Secretary for Antidumping            PRC. Therefore, in accordance with
                                             entirety by 5 p.m. Eastern Time on the                   and Countervailing Duty Operations.                   section 705(a)(1) of the Act and 19 CFR
                                             date on which it is due.                                 [FR Doc. 2016–22001 Filed 9–12–16; 8:45 am]
                                                                                                                                                            351.210(b)(4), we are aligning the final
                                                Pursuant to 19 CFR 351.310(c),                                                                              CVD determination with the final AD
                                                                                                      BILLING CODE 3510–DS–P
                                             interested parties who wish to request a                                                                       determination of CTL plate from
                                             hearing, or wish to participate in a                                                                           Austria, Belgium, France, Germany,
                                             hearing if one is requested, must submit                 DEPARTMENT OF COMMERCE                                Italy, Japan, and Taiwan.4
                                             a written request to the Assistant                                                                             Consequently, we intend to issue the
                                             Secretary for Enforcement and                            International Trade Administration                    final CVD determination on the same
                                             Compliance, filed electronically through                                                                       date as the final AD determination,
                                                                                                      [C–570–048]
                                             ACCESS, within 30 days after the date
                                             of publication of this notice.8 Requests                 Certain Carbon and Alloy Steel Cut-to-
                                                                                                                                                               1 See Certain Carbon and Alloy Steel Cut-to-

                                             should contain: (1) The party’s name,                                                                          Length Plate From Brazil, the People’s Republic of
                                                                                                      Length Plate From the People’s                        China, and the Republic of Korea: Initiation of
                                             address, and telephone number; (2) the                   Republic of China: Preliminary                        Countervailing Duty Investigations, 81 FR 27098
                                             number of participants; and (3) a list of                Affirmative Countervailing Duty                       (May 5, 2016) (Initiation Notice); see also Certain
                                             issues to be discussed. Issues raised in                 Determination and Alignment of Final                  Carbon and Alloy Steel Cut-To-Length Plate From
                                             the hearing will be limited to those                                                                           Austria, Belgium, Brazil, France, the Federal
                                                                                                      Determination With Final Antidumping                  Republic of Germany, Italy, Japan, the Republic of
                                             raised in the respective case briefs.                    Duty Determination                                    Korea, the People’s Republic of China, South Africa,
                                                The Department intends to issue the                                                                         Taiwan, and the Republic of Turkey: Initiation of
                                             final results of this administrative                     AGENCY:   Enforcement and Compliance,                 Less-Than-Fair-Value Investigations, 81 FR 27089
                                             review, including the results of its                     International Trade Administration,                   (May 5, 2016).
                                                                                                                                                               2 For a complete case history, see Memorandum
                                                                                                      Department of Commerce.
                                                                                                                                                            from Gary Taverman, Associate Deputy Assistant
                                               3 See, e.g., Certain Frozen Warmwater Shrimp
                                                                                                      SUMMARY: The Department of Commerce                   Secretary for Antidumping and Countervailing Duty
                                             From Thailand: Preliminary Results of                    (the Department) preliminarily                        Operations, to Christian Marsh, Deputy Assistant
                                             Antidumping Duty Administrative Review and                                                                     Secretary for Antidumping and Countervailing Duty
                                             Intent to Revoke the Order (in Part); 2011–2012, 78      determines that countervailable
                                                                                                                                                            Operations, ‘‘Decision Memorandum for the
                                             FR 15686 (March 12, 2013) and accompanying               subsidies are being provided to                       Preliminary Affirmative Determination:
                                             Decision Memorandum at 7–8, unchanged in                 producers/exporters of certain carbon                 Countervailing Duty Investigation of Certain Carbon
                                             Certain Frozen Warmwater Shrimp From Thailand:           and alloy steel cut-to-length plate (CTL              and Alloy Steel Cut-to-Length Plate from the
                                             Final Results of Antidumping Duty Administrative                                                               People’s Republic of China,’’ dated concurrently
                                             Review, Partial Rescission of Review, and                plate) from the People’s Republic of
                                                                                                                                                            with this notice and hereby incorporated by
                                             Revocation of Order (in Part); 2011–2012, 78 FR          China (PRC). The period of investigation              reference, and adopted by this notice (Preliminary
                                             42497 (July 16, 2013) at the section, ‘‘Rescission, in   is January 1, 2015, through December                  Decision Memorandum).
                                             Part;’’ see also Silicomanganese From India:             31, 2015. Interested parties are invited                 3 Petitioners in this investigation are
                                             Preliminary Results of Antidumping Duty
                                                                                                      to comment on this preliminary                        ArcelorMittal USA LLC, Nucor Corporation, and
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                                             Administrative Review; 2014–2015, 81 FR 28826
                                                                                                      determination.                                        SSAB Enterprises LLC.
                                             (May 10, 2016) and accompanying Decision                                                                          4 See Letter to the Secretary of Commerce from
                                             Memorandum at 3.
                                               4 See 19 CFR 351.309(c)(ii).
                                                                                                      DATES: Effective September 13, 2016.                  Petitioners, ‘‘Carbon and Alloy Steel Cut-to-Length
                                               5 See 19 CFR 351.309(d).                               FOR FURTHER INFORMATION CONTACT:                      Plate from People’s Republic of China and Korea—
                                                                                                                                                            Petitioners’ Request to Align the Countervailing
                                               6 See 19 CFR 351.309(c)(2) and (d)(2).                 Ryan Mullen, AD/CVD Operations,                       Duty Final Determinations with the Companion
                                               7 See 19 CFR 351.303.                                  Office V, Enforcement and Compliance,                 Antidumping Duty Final Determination,’’ (August
                                               8 See 19 CFR 351.310(c).                               International Trade Administration,                   25, 2016).



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                                             62872                     Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices

                                             which is currently scheduled to be                      Memorandum.11 A list of topics                               investigation. We will allow the ITC
                                             issued no later than January 18, 2017,                  discussed in the Preliminary Decision                        access to all privileged and business
                                             unless postponed.5                                      Memorandum is included as Appendix                           proprietary information in our files,
                                                                                                     II to this notice. The Preliminary                           provided the ITC confirms that it will
                                             Scope of the Investigation
                                                                                                     Decision Memorandum is a public                              not disclose such information, either
                                               The scope of this investigation covers                document and is on file electronically                       publicly or under an administrative
                                             CTL plate from the PRC. For a complete                  via Enforcement and Compliance’s                             protective order, without the written
                                             description of the scope of this                        Antidumping and Countervailing Duty                          consent of the Assistant Secretary for
                                             investigation, see Appendix I.                          Centralized Electronic Service System                        Enforcement and Compliance.
                                                                                                     (ACCESS). ACCESS is available to                                In accordance with section 705(b)(3)
                                             Scope Comments                                          registered users at http://                                  of the Act, if our final determination is
                                               In accordance with the Preamble to                    access.trade.gov, and is available to all                    affirmative, the ITC will make its final
                                             the Department’s regulations,6 the                      parties in the Central Records Unit,                         determination within 75 days after the
                                             Initiation Notice set aside a period of                 room B8024 of the main Department of                         Department makes its final
                                             time for parties to raise issues regarding              Commerce building. In addition, a                            determination.
                                             product coverage (i.e., scope).7 Certain                complete version of the Preliminary
                                                                                                                                                                  Disclosure and Public Comment
                                             interested parties commented on the                     Decision Memorandum can be accessed
                                             scope of this investigation as it appeared              directly on the Internet at http://                            The Department intends to disclose to
                                             in the Initiation Notice, as well as                    enforcement.trade.gov/frn/. The signed                       interested parties the calculations
                                             additional language proposed by the                     Preliminary Decision Memorandum and                          performed in connection with this
                                             Department. For a summary of the                        the electronic version of the Preliminary                    preliminary determination within five
                                             product coverage comments and                           Decision Memorandum are identical in                         days of its public announcement.12
                                             rebuttal responses submitted to the                     content.                                                     Interested parties may submit case and
                                             record for this preliminary                                                                                          rebuttal briefs, as well as request a
                                                                                                     Preliminary Determination and                                hearing.13 For a schedule of the
                                             determination, and accompanying                         Suspension of Liquidation
                                             discussion and analysis of all comments                                                                              deadlines for filing case briefs, rebuttal
                                             timely received, see the Department’s                     In accordance with section                                 briefs, and hearing requests, see the
                                             Scope Memorandum issued                                 703(d)(1)(A)(i) of the Act, we                               Preliminary Decision Memorandum.
                                             concurrently with this notice.8 The                     determined an estimated                                        This determination is issued and
                                             Department is preliminarily modifying                   countervailable subsidy rate for each                        published pursuant to sections 703(f)
                                             the scope language as it appeared in the                producer/exporter of the subject                             and 777(i) of the Act and 19 CFR
                                             Initiation Notice to clarify the exclusion              merchandise individually investigated.                       351.205(c).
                                             for stainless steel plate.9 The                         We preliminarily determine these rates                         Dated: September 6, 2016.
                                             Department is also correcting two tariff                to be:                                                       Christian Marsh,
                                             numbers that were misidentified in the                                                                               Deputy Assistant Secretary for Antidumping
                                                                                                                                                   Subsidy rate
                                             Petitions and in the Initiation Notice.10                             Company                          (percent)     and Countervailing Duty Operations.
                                             Methodology                                                                                                          Appendix I
                                                                                                     Jiangyin Xingcheng Special
                                               The Department is conducting this                        Steel Works Co. Ltd ..........                   210.50   Scope of the Investigation
                                             CVD investigation in accordance with                    Hunan Valin Xiangtan Iron &                                     The products covered by this investigation
                                             section 701 of the Act. For a full                         Steel ..................................         210.50   are certain carbon and alloy steel hot-rolled
                                             description of the methodology                          Viewer Development Co., Ltd                         210.50   or forged flat plate products not in coils,
                                                                                                     All Others ..............................           210.50
                                             underlying our preliminary conclusions,                                                                              whether or not painted, varnished, or coated
                                             see the Preliminary Decision                                                                                         with plastics or other non-metallic
                                                                                                        In accordance with section 703(d)(2)                      substances (cut-to-length plate). Subject
                                                                                                     of the Act, we will direct U.S. Customs                      merchandise includes plate that is produced
                                               5 The AD determinations of CTL plate from
                                                                                                     and Border Protection (‘‘CBP’’) to                           by being cut-to-length from coils or from
                                             Brazil, South Africa, and Turkey were not
                                             postponed. See Certain Carbon and Alloy Steel Cut-      suspend liquidation of all entries of CTL                    other discrete length plate and plate that is
                                             to-Length Plate Austria, Belgium, France, the           from the PRC as described in the scope                       rolled or forged into a discrete length. The
                                             Federal Republic of Germany, Italy, Japan, the          of the investigation section entered, or                     products covered include (1) Universal mill
                                             Republic of Korea, the People’s Republic of China,      withdrawn from warehouse, for                                plates (i.e., flat-rolled products rolled on four
                                             and Taiwan: Postponement of Preliminary                                                                              faces or in a closed box pass, of a width
                                             Determinations of Antidumping Duty                      consumption on or after the date of
                                                                                                                                                                  exceeding 150 mm but not exceeding 1250
                                             Investigations, 81 FR 59185 (August 29, 2016).          publication of this notice in the Federal                    mm, and of a thickness of not less than 4
                                               6 See Antidumping Duties; Countervailing Duties,      Register. Pursuant to 19 CFR 351.205(d),                     mm, which are not in coils and without
                                             62 FR 27296, 27323 (May 19, 1997) (Preamble).           the Department will instruct CBP to
                                               7 See Initiation Notice, 81 FR at 27099.
                                                                                                                                                                  patterns in relief), and (2) hot-rolled or forged
                                               8 See Memorandum to Christian Marsh, Deputy
                                                                                                     require a cash deposit equal to the                          flat steel products of a thickness of 4.75 mm
                                             Assistant Secretary for Antidumping and
                                                                                                     amounts indicated above.                                     or more and of a width which exceeds 150
                                             Countervailing Duty Operations, ‘‘Certain Carbon                                                                     mm and measures at least twice the
                                                                                                     International Trade Commission                               thickness, and which are not in coils,
                                             and Alloy Steel Cut-to-Length Plate From Austria,
                                             Belgium, Brazil, the People’s Republic of China,        Notification                                                 whether or not with patterns in relief. The
                                             France, the Federal Republic of Germany, Italy,           In accordance with section 703(f) of                       covered products described above may be
                                             Japan, the Republic of Korea, the Republic of South                                                                  rectangular, square, circular or other shapes
                                             Africa, Taiwan, and Turkey: Scope Comments
                                                                                                     the Act, we will notify the International
                                                                                                                                                                  and include products of either rectangular or
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                                             Decision Memorandum for the Preliminary                 Trade Commission (ITC) of our
                                                                                                                                                                  non-rectangular cross-section where such
                                             Determinations’’ (Preliminary Scope Decision            determination. In addition, we are                           non-rectangular cross-section is achieved
                                             Memorandum) dated concurrently with this                making available to the ITC all non-
                                             preliminary determination.                                                                                           subsequent to the rolling process, i.e.,
                                               9 Specifically, the revised scope now states that
                                                                                                     privileged and non-proprietary
                                             stainless steel plate must not contain more than 1.2    information relating to this                                   12 See19 CFR 351.224(b).
                                             percent of carbon by weight.                                                                                           13 See19 CFR 351.309(c)–(d) and 19 CFR
                                               10 Id.                                                  11 See   Preliminary Decision Memorandum.                  351.310(c).



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                                                                       Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices                                               62873

                                             products which have been ‘‘worked after                 military grade armor specification that               ksi or more, Elongation of 18% or more and
                                             rolling’’, (e.g., products which have been              references and incorporates one of the above          Reduction of area 35% or more; having
                                             beveled or rounded at the edges).                       specifications, will not be excluded from the         charpy V at ¥75 degrees F in the
                                                For purposes of the width and thickness              scope if it is also dual- or multiple-certified       longitudinal direction equal or greater than
                                             requirements referenced above, the following            to any other non-armor specification that             15 ft. lbs (single value) and equal or greater
                                             rules apply:                                            otherwise would fall within the scope of this         than 20 ft. lbs (average of 3 specimens) and
                                                (1) Except where otherwise stated where              order;                                                conforming to the requirements of NACE
                                             the nominal and actual thickness or width                  (3) stainless steel plate, containing 10.5         MR01–75; or
                                             measurements vary, a product from a given               percent or more of chromium by weight and                (ii) With a Brinell hardness not less than
                                             subject country is within the scope if                  not more than 1.2 percent of carbon by                240 HBW measured in all parts of the
                                             application of either the nominal or actual             weight;                                               product including mid thickness; and having
                                             measurement would place it within the scope                (4) CTL plate meeting the requirements of          a Yield Strength of 90 ksi min and UTS 110
                                             based on the definitions set forth above                ASTM A–829, Grade E 4340 that are over 305            ksi or more, Elongation of 15% or more and
                                             unless the product is already covered by an             mm in actual thickness;                               Reduction of area 30% or more; having
                                             order existing on that specific country (e.g.,             (5) Alloy forged and rolled CTL plate              charpy V at ¥40 degrees F in the
                                             orders on hot-rolled flat-rolled steel); and            greater than or equal to 152.4 mm in actual           longitudinal direction equal or greater than
                                                (2) where the width and thickness vary for           thickness meeting each of the following               21 ft. lbs (single value) and equal or greater
                                             a specific product (e.g., the thickness of              requirements:                                         than 31 ft. lbs (average of 3 specimens);
                                             certain products with non-rectangular cross-               (a) Electric furnace melted, ladle refined &          (d) Conforming to ASTM A578–S9
                                             section, the width of certain products with             vacuum degassed and having a chemical                 ultrasonic testing requirements with
                                             non-rectangular shape, etc.), the                       composition (expressed in weight                      acceptance criteria 3.2 mm flat bottom hole;
                                             measurement at its greatest width or                    percentages):                                         and
                                             thickness applies.                                         • Carbon 0.23–0.28,                                   (e) Conforming to magnetic particle
                                                Steel products included in the scope of this            • Silicon 0.05–0.20,                               inspection in accordance with AMS 2301;
                                             investigation are products in which: (1) Iron              • Manganese 1.20–1.60,                                (7) Alloy forged and rolled steel CTL plate
                                             predominates, by weight, over each of the                  • Nickel not greater than 1.0,                     over 407 mm in actual thickness and meeting
                                             other contained elements; and (2) the carbon               • Sulfur not greater than 0.007,                   the following requirements:
                                             content is 2 percent or less by weight.                    • Phosphorus not greater than 0.020,                  (a) Made from Electric Arc Furnace melted,
                                                Subject merchandise includes cut-to-length              • Chromium 1.0–2.5,                                ladle refined & vacuum degassed, alloy steel
                                             plate that has been further processed in the               • Molybdenum 0.35–0.80,                            with the following chemical composition
                                             subject country or a third country, including              • Boron 0.002–0.004,                               (expressed in weight percentages):
                                             but not limited to pickling, oiling, levelling,                                                                  • Carbon 0.25–0.30,
                                                                                                        • Oxygen not greater than 20 ppm,
                                             annealing, tempering, temper rolling, skin
                                                                                                        • Hydrogen not greater than 2 ppm, and                • Silicon not greater than 0.25,
                                             passing, painting, varnishing, trimming,
                                                                                                        • Nitrogen not greater than 60 ppm;                   • Manganese not greater than 0.50,
                                             cutting, punching, beveling, and/or slitting,
                                                                                                        (b) With a Brinell hardness measured in all           • Nickel 3.0–3.5,
                                             or any other processing that would not
                                                                                                     parts of the product including mid thickness             • Sulfur not greater than 0.010,
                                             otherwise remove the merchandise from the
                                             scope of the investigation if performed in the          falling within one of the following ranges:              • Phosphorus not greater than 0.020,
                                             country of manufacture of the cut-to-length                (i) 270–300 HBW,                                      • Chromium 1.0–1.5,
                                             plate.                                                     (ii) 290–320 HBW, or                                  • Molybdenum 0.6–0.9,
                                                All products that meet the written physical             (iii) 320–350 HBW;                                    • Vanadium 0.08 to 0.12
                                             description, are within the scope of this                  (c) Having cleanliness in accordance with             • Boron 0.002–0.004,
                                             investigation unless specifically excluded or           ASTM E45 method A (Thin and Heavy): A                    • Oxygen not greater than 20 ppm,
                                             covered by the scope of an existing order.              not exceeding 1.5, B not exceeding 1.0, C not            • Hydrogen not greater than 2 ppm, and
                                             The following products are outside of, and/             exceeding 0.5, D not exceeding 1.5; and                  • Nitrogen not greater than 60 ppm.
                                             or specifically excluded from, the scope of                (d) Conforming to ASTM A578–S9                        (b) Having cleanliness in accordance with
                                             this investigation:                                     ultrasonic testing requirements with                  ASTM E45 method A (Thin and Heavy): A
                                                (1) Products clad, plated, or coated with            acceptance criteria 2 mm flat bottom hole;            not exceeding 1.0(t) and 0.5(h), B not
                                             metal, whether or not painted, varnished or                (6) Alloy forged and rolled steel CTL plate        exceeding 1.5(t) and 1.0(h), C not exceeding
                                             coated with plastic or other non-metallic               over 407 mm in actual thickness and meeting           1.0(t) and 0.5(h), and D not exceeding 1.5(t)
                                             substances;                                             the following requirements:                           and 1.0(h);
                                                (2) military grade armor plate certified to             (a) Made from Electric Arc Furnace melted,            (c) Having the following mechanical
                                             one of the following specifications or to a             Ladle refined & vacuum degassed, alloy steel          properties: A Brinell hardness not less than
                                             specification that references and incorporates          with the following chemical composition               350 HBW measured in all parts of the
                                             one of the following specifications:                    (expressed in weight percentages):                    product including mid thickness; and having
                                                • MIL–A–12560,                                          • Carbon 0.23–0.28,                                a Yield Strength of 145ksi or more and UTS
                                                • MIL–DTL–12560H,                                       • Silicon 0.05–0.15,                               160ksi or more, Elongation of 15% or more
                                                • MIL–DTL–12560J,                                       • Manganese 1.20–1.50,                             and Reduction of area 35% or more; having
                                                • MIL–DTL–12560K,                                       • Nickel not greater than 0.4,                     charpy V at ¥40 degrees F in the transverse
                                                • MIL–DTL–32332,                                        • Sulfur not greater than 0.010,                   direction equal or greater than 20 ft. lbs
                                                • MIL–A–46100D,                                         • Phosphorus not greater than 0.020,               (single value) and equal or greater than 25 ft.
                                                • MIL–DTL–46100–E,                                      • Chromium 1.20–1.50,                              lbs (average of 3 specimens);
                                                • MIL–46177C,                                           • Molybdenum 0.35–0.55,                               (d) Conforming to ASTM A578–S9
                                                • MIL–S–16216K Grade HY80,                              • Boron 0.002–0.004,                               ultrasonic testing requirements with
                                                • MIL–S–16216K Grade HY100,                             • Oxygen not greater than 20 ppm,                  acceptance criteria 3.2 mm flat bottom hole;
                                                • MIL–S–24645A HSLA–80;                                 • Hydrogen not greater than 2 ppm, and             and
                                                • MIL–S–24645A HSLA–100,                                • Nitrogen not greater than 60 ppm;                   (e) Conforming to magnetic particle
                                                • T9074–BD–GIB–010/0300 Grade HY80,                     (b) Having cleanliness in accordance with          inspection in accordance with AMS 2301.
                                                • T9074–BD–GIB–010/0300 Grade HY100,                 ASTM E45 method A (Thin and Heavy): A                    The products subject to the investigation
                                                • T9074–BD–GIB–010/0300 Grade                        not exceeding 1.5, B not exceeding 1.5, C not         are currently classified in the Harmonized
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                                             HSLA80,                                                 exceeding 1.0, D not exceeding 1.5;                   Tariff Schedule of the United States (HTSUS)
                                                • T9074–BD–GIB–010/0300 Grade                           (c) Having the following mechanical                under item numbers: 7208.40.3030,
                                             HSLA100, and                                            properties:                                           7208.40.3060, 7208.51.0030, 7208.51.0045,
                                                • T9074–BD–GIB–010/0300 Mod. Grade                      (i) With a Brinell hardness not more than          7208.51.0060, 7208.52.0000, 7211.13.0000,
                                             HSLA115,                                                237 HBW measured in all parts of the                  7211.14.0030, 7211.14.0045, 7225.40.1110,
                                             except that any cut-to-length plate certified to        product including mid thickness; and having           7225.40.1180, 7225.40.3005, 7225.40.3050,
                                             one of the above specifications, or to a                a Yield Strength of 75 ksi min and UTS 95             7226.20.0000, and 7226.91.5000.



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                                             62874                     Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices

                                                The products subject to the investigation            Boru Profil Uretim San Ve Tic. A.S.                       an industry in the United States is
                                             may also enter under the following HTSUS                (MMZ) and the ‘‘All-Others’’ rate.                        materially injured by reason of
                                             item numbers: 7208.40.6060, 7208.53.0000,                                                                         subsidized imports of HWR pipes and
                                                                                                     DATES: Effective September 13, 2016.
                                             7208.90.0000, 7210.70.3000, 7210.90.9000,
                                                                                                     FOR FURTHER INFORMATION CONTACT:                          tubes from Turkey.4
                                             7211.19.1500, 7211.19.2000, 7211.19.4500,
                                             7211.19.6000, 7211.19.7590, 7211.90.0000,               Brian Smith or Aqmar Rahman, AD/                          Scope of the Order
                                             7212.40.1000, 7212.40.5000, 7212.50.0000,               CVD Operations, Office II, Enforcement
                                             7214.10.0000, 7214.30.0010, 7214.30.0080,               and Compliance, International Trade                         The products covered by this order
                                             7214.91.0015, 7214.91.0060, 7214.91.0090,               Administration, U.S. Department of                        are certain heavy walled rectangular
                                             7225.11.0000, 7225.19.0000, 7225.40.5110,               Commerce, 1401 Constitution Avenue                        welded steel pipes and tubes of
                                             7225.40.5130, 7225.40.5160, 7225.40.7000,               NW., Washington, DC 20230; telephone                      rectangular (including square) cross
                                             7225.99.0010, 7225.99.0090, 7226.11.1000,
                                                                                                     (202) 482–1766 or (202) 482–0768,                         section, having a nominal wall
                                             7226.11.9060, 7226.19.1000, 7226.19.9000,
                                             7226.91.0500, 7226.91.1530, 7226.91.1560,               respectively.                                             thickness of not less than 4 mm. The
                                             7226.91.2530, 7226.91.2560, 7226.91.7000,               SUPPLEMENTARY INFORMATION:                                merchandise includes, but is not limited
                                             7226.91.8000, and 7226.99.0180.                                                                                   to, the American Society for Testing and
                                                The HTSUS subheadings above are                      Background                                                Materials (ASTM) A–500, grade B
                                             provided for convenience and customs                       On July 21, 2016, the Department                       specifications, or comparable domestic
                                             purposes only. The written description of the           published its final determination in the                  or foreign specifications.
                                             scope of the investigation is dispositive.
                                                                                                     countervailing duty investigation of                        Included products are those in which:
                                             Appendix II                                             HWR pipes and tubes from Turkey.1                         (1) Iron predominates, by weight, over
                                                                                                        On July 21, 2016, and July 25, 2016,                   each of the other contained elements; (2)
                                             List of Topics Discussed in the Preliminary
                                             Decision Memorandum
                                                                                                     the Department received timely                            the carbon content is 2 percent or less,
                                                                                                     allegations from respondents Ozdemir                      by weight; and (3) none of the elements
                                             I. Summary                                              Boru Profil San ve Tic. Ltd. Sti.
                                             II. Background                                                                                                    below exceeds the quantity, by weight,
                                                                                                     (Ozdemir), MMZ, and the Government                        respectively indicated:
                                             III. Scope Comments
                                                                                                     of Turkey, that the Department made
                                             IV. Scope of the Investigation                                                                                      • 2.50 percent of manganese, or
                                             V. Alignment                                            ministerial errors in the final                             • 3.30 percent of silicon, or
                                             VI. Injury Test                                         determination.2 The Department                              • 1.50 percent of copper, or
                                             VII. Application of the CVD Law to Imports              analyzed the allegations and determined                     • 1.50 percent of aluminum, or
                                                   From the PRC                                      that there was a ministerial error as                       • 1.25 percent of chromium, or
                                             VIII. Subsidies Valuation                               alleged by MMZ, within the meaning of                       • 0.30 percent of cobalt, or
                                             IX. Use of Fact Otherwise Available and                 section 705(e) of the Tariff Act of 1930,                   • 0.40 percent of lead, or
                                                   Adverse Inferences                                as amended (the Act), and 19 CFR                            • 2.0 percent of nickel, or
                                             X. Analysis of Programs                                 351.224(f).3 See ‘‘Amendment to the                         • 0.30 percent of tungsten, or
                                             XI. ITC Notification
                                                                                                     Final Determination’’ section below for                     • 0.80 percent of molybdenum, or
                                             XII. Disclosure and Public Comment                                                                                  • 0.10 percent of niobium (also called
                                             XIII. Conclusion                                        further discussion.
                                                                                                                                                               columbium), or
                                                                                                        On September 6, 2016, the ITC
                                             [FR Doc. 2016–21999 Filed 9–12–16; 8:45 am]                                                                         • 0.30 percent of vanadium, or
                                                                                                     notified the Department of its final                        • 0.30 percent of zirconium.
                                             BILLING CODE 3510–DS–P                                  determination pursuant to sections
                                                                                                     705(b)(1)(A)(i) and 705(d) of the Act that                  The subject merchandise is currently
                                                                                                                                                               provided for in item 7306.61.1000 of the
                                             DEPARTMENT OF COMMERCE                                     1 See Heavy Walled Rectangular Welded Carbon
                                                                                                                                                               Harmonized Tariff Schedule of the
                                                                                                     Steel Pipes and Tubes from the Republic of Turkey:        United States (HTSUS). Subject
                                             International Trade Administration                      Final Affirmative Countervailing Duty
                                                                                                     Determination, 81 FR 47349 (July 21, 2016) (Final         merchandise may also enter under
                                             [C–489–825]                                             Determination).                                           HTSUS 7306.61.3000. While the HTSUS
                                                                                                        2 See Letter from Ozdemir, entitled ‘‘Heavy            subheadings and ASTM specification
                                             Heavy Walled Rectangular Welded                         Walled Rectangular Welded Carbon Steel Pipes and          are provided for convenience and
                                             Carbon Steel Pipes and Tubes From                       Tubes from the Republic of Turkey; Request for
                                                                                                                                                               customs purposes, the written
                                             the Republic of Turkey: Amended Final                   correction of ministerial error,’’ dated July 21, 2016;
                                                                                                     Letter from MMZ, entitled ‘‘Heavy Walled                  description of the scope of this
                                             Affirmative Countervailing Duty                         Rectangular Welded Carbon Steel Pipes and Tubes           investigation is dispositive.
                                             Determination and Countervailing Duty                   from the Republic of Turkey: Ministerial Error
                                             Order                                                   Comments,’’ dated July 25, 2016; and Letter from          Amendment to the Final Determination
                                                                                                     the Government of Turkey, entitled ‘‘Request of the
                                             AGENCY:  Enforcement and Compliance,                    Government of Turkey for Correction of Ministerial          As discussed above, after analyzing
                                             International Trade Administration,                     Errors on Final Determination in CVD Investigation        the comments received, we determined,
                                                                                                     on Imports of Heavy Walled Rectangular Welded             in accordance with section 705(e) of the
                                             Department of Commerce.                                 Carbon Steel Pipes and Tubes from Turkey,’’ dated
                                             SUMMARY: Based on affirmative final                     July 25, 2016.                                            Act and 19 CFR 351.224(e), that we
                                             determinations by the Department of                        3 See Memorandum to Christian Marsh, Deputy            made a ministerial error in certain
                                             Commerce (the Department) and the                       Assistant Secretary for Antidumping and                   calculations for the Final Determination
                                                                                                     Countervailing Duty Operations, ‘‘Countervailing          with respect to MMZ, as alleged by
                                             International Trade Commission (ITC),                   Duty Investigation of Heavy Walled Rectangular
                                             the Department is issuing a                             Welded Carbon Steel Pipes and Tubes from the
                                                                                                                                                               MMZ.5 Accordingly, we issued
                                             countervailing duty order on heavy                      Republic of Turkey: Ministerial Error Allegations in      amended final calculation memoranda
                                             walled rectangular welded carbon steel                  the Final Determination,’’ dated August 19, 2016          with respect to the net subsidy rates for
                                                                                                     (Ministerial Error Memorandum). The Ministerial           MMZ and ‘‘All-Others’’ in light of that
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                                             pipes and tubes (HWR pipes and tubes)                   Error Memorandum is a public document and is on
                                             from the Republic of Turkey (Turkey).                   file electronically via Enforcement and
                                             Also, as explained in this notice, the                  Compliance’s Antidumping and Countervailing                 4 See ITC Notification Letter to the Deputy

                                             Department is amending its final                        Duty Centralized Electronic Service System                Assistant Secretary for Enforcement and
                                                                                                     (ACCESS). ACCESS is available to registered users         Compliance, referencing ITC Investigation Nos.
                                             affirmative determination with respect                  at http://access.trade.gov, and is available to all       701–TA–539 and 731–TA–1280–1282 (September 6,
                                             to HWR pipes and tubes from Turkey to                   parties in the Central Records Unit, Room B8024 of        2016) (ITC Notification).
                                             correct the rate assigned to MMZ Onur                   the main Department of Commerce building.                   5 See Ministerial Error Memorandum.




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Document Created: 2018-02-09 13:16:55
Document Modified: 2018-02-09 13:16:55
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
DatesEffective September 13, 2016.
ContactRyan Mullen, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-5260.
FR Citation81 FR 62871 

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