81 FR 65337 - Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil, South Africa, and the Republic of Turkey: Affirmative Preliminary Determinations of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 184 (September 22, 2016)
International Trade Administration
Federal Register Volume 81, Issue 184 (September 22, 2016)
| Page Range | 65337-65341 | |
| FR Document | 2016-22885 |
[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)] [Notices] [Pages 65337-65341] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22885] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-351-847, A-791-822, A-489-828] Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil, South Africa, and the Republic of Turkey: Affirmative Preliminary Determinations of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (the Department) preliminarily determines that imports of Certain Carbon and Alloy Steel Cut-to-Length Plate (CTL plate) from Brazil, South Africa, and the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) for these investigations is April 1, 2015, through March 31, 2016. The estimated margins of sales at LTFV are shown in the ``Preliminary Determinations'' section of this notice. Interested parties are invited to comment on these preliminary determinations. DATES: Effective September 22, 2016. FOR FURTHER INFORMATION CONTACT: Mark Kennedy at (202) 482-7883 (Brazil); Julia Hancock or Susan Pulongbarit at (202) 482-1394 or (202) 482-4031, respectively (South Africa); or Dmitry Vladimirov at (202) 482-0665 (Turkey), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background The Department published the notice of initiation of these investigations on May 5, 2016.\1\ Companhia Siderurgica Nacional (CSN) and Usinas Siderurgicas de Minas Gerais SA (Usiminas) are the mandatory respondents in the investigation covering CTL plate from Brazil; Evraz Highveld Steel and Vanadium Corp. (Evraz Highveld) is the mandatory respondent in the investigation covering CTL plate from South Africa; and Ere[gbreve]li Demir ve [Ccedil]elik Fabrikalari T.A.[Scedil]. (Erdemir) is the mandatory respondent in the investigation covering CTL plate from Turkey. For a complete description of the events that followed the initiation of these investigations, see the Preliminary Decision Memorandum dated concurrently with these determinations and hereby adopted by this notice.\2\ A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Department's Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical. --------------------------------------------------------------------------- \1\ See 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) (Initiation Notice). \2\ See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance ``Decision Memorandum for the Preliminary Determinations in the Less-Than-Fair-Value Investigations of Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil, South Africa, and the Republic of Turkey,'' dated concurrently with this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigations The products covered by these investigations are CTL plate. For a full description of the scope of these investigations, see the ``Scope of the Investigations,'' in Appendix I of this notice. Scope Comments In accordance with the Preamble to the Department's regulations,\3\ the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).\4\ Certain interested parties commented on the scope of these investigations 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 records of these investigations, and a discussion and analysis of all comments timely received, see the Department's Preliminary Scope Decision [[Page 65338]] Memorandum.\5\ The Department is preliminarily modifying the scope language as it appeared in the Initiation Notice to clarify the exclusion for stainless steel plate. The Department is also correcting two tariff numbers that were misidentified in the Petitions and in the Initiation Notice.\6\ --------------------------------------------------------------------------- \3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). \4\ See Initiation Notice, 81 FR at 27089. \5\ 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,'' dated September 6, 2016 (Preliminary Scope Decision Memorandum). \6\ Id. --------------------------------------------------------------------------- Methodology The Department is conducting these investigations in accordance with section 731 of the Tariff Act of 1930, as amended (the Act). Pursuant to section 776(a) of the Act, the Department preliminarily relied upon facts otherwise available to assign an estimated weighted- average dumping margin to the mandatory respondents in these three investigations, because none of the respondents submitted a response to the Department's questionnaire.\7\ Further, the Department is preliminarily determining that these mandatory respondents failed to cooperate by not acting to the best of their ability to comply with a request for information and applying adverse facts available (AFA) to these respondents, in accordance with section 776(b) of Act. For a full description of the methodology underlying our preliminary determinations, see Preliminary Decision Memorandum. --------------------------------------------------------------------------- \7\ See Letter from CSN, ``Carbon and Alloy Steel Cut-To-Length Plate from Brazil,'' dated July 14, 2016; See Letter from Usiminas, ``Carbon and Alloy Steel Cut-To-Length Plate from Brazil; Questionnaire Response,'' dated July 14, 2016; see also Letter from Erdemir, ``Certain Carbon and Alloy Steel Cut-to-Length Plate from Turkey: Erdemir notification of intent not to participate,'' dated June 24, 2016; see also Memorandum to File regarding, ``Placing Federal Express Documents on the Record,'' dated concurrently with this notice. --------------------------------------------------------------------------- Critical Circumstances On July 26, 2016, the petitioners \8\ filed timely critical circumstances allegations, pursuant to section 733(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical circumstances exist with respect to imports of the subject merchandise from, among other countries, Brazil and Turkey.\9\ The petitioners did not file a critical circumstances allegation with respect to South Africa. --------------------------------------------------------------------------- \8\ ArcelorMittal USA LLC, Nucor Corporation, and SSAB Enterprises, LLC (collectively, the petitioners). \9\ See Letter from the petitioners, ``Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey: Critical Circumstances Allegations,'' dated July 26, 2016. --------------------------------------------------------------------------- Section 733(e)(1) of the Act provides that the Department will preliminarily determine that critical circumstances exist in a LTFV investigation if there is a reasonable basis to believe or suspect that: (A) There is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise, or the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value and that there was likely to be material injury by reason of such sales; and (B) there have been massive imports of the subject merchandise over a relatively short period. On September 7, 2016, we published our preliminarily determination that critical circumstances exist with respect to imports of CTL plate exported from Brazil and Turkey.\10\ --------------------------------------------------------------------------- \10\ See Antidumping Duty Investigations of Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey: Preliminary Determinations of Critical Circumstances, 81 FR 61666 (September 7, 2016). --------------------------------------------------------------------------- All-Others Rate Section 733(d)(1)(A)(ii) of the Act provides that in the preliminary determination the Department shall determine an estimated ``all-others'' rate for all exporters and producers not individually investigated, in accordance with section 735(c)(5) of the Act. Section 735(c)(5)(A) of the Act states that generally the estimated rate for all-others shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. The estimated weighted-average dumping margins in these preliminary determinations were calculated entirely under section 776 of the Act. In cases where no weighted-average dumping margins other than zero, de minimis, or those determined entirely under section 776 of the Act have been established for individually examined entities, in accordance with section 735(c)(5)(B) of the Act, the Department averages the margins calculated in the petition and applies the result to ``all-other'' entities not individually examined. With respect to Brazil, in the Petitions,\11\ the petitioners calculated only one margin. Therefore, for the all-others rate in the investigation covering CTL plate from Brazil, we preliminarily assigned the only margin calculated for subject merchandise from Brazil in the Petitions, as recalculated for the purposes of initiation, which is 74.52 percent.\12\ --------------------------------------------------------------------------- \11\ See Letter to the Secretary of Commerce from the 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--Petitions for the Imposition of Antidumping and Countervailing Duties'' (April 8, 2016) (the Petitions) at Volume III. See also, AD Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil (April 28, 2016) (in which the petition margin was recalculated for purposes of initiation). \12\ See Certain Oil Country Tubular Goods From Thailand: Preliminary Determination of Sales at Less Than Fair Value, and Postponement of Final Determination, 79 FR 10487 (February 25, 2014), and accompanying Preliminary Decision Memorandum, unchanged in Certain Oil Country Tubular Goods From India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value, 79 FR 53691 (September 10, 2014). --------------------------------------------------------------------------- With respect to South Africa, in the Petitions,\13\ the petitioners calculated two margins.\14\ Consistent with our practice, we preliminarily assigned as the ``all-others'' rate in the investigation covering CTL plate from South Africa the simple average of the two dumping margins calculated for subject merchandise from South Africa provided in the Petitions, which is 87.72 percent.\15\ --------------------------------------------------------------------------- \13\ See the Petitions at Volume X. \14\ Id. \15\ Id.; see also Certain Polyethylene Terephthalate (PET) Resin from India: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 81 FR 13327 (March 14, 2016) (PET Resin from India Final Determination) and accompanying Issues and Decision Memorandum at Comment 14. --------------------------------------------------------------------------- With respect to Turkey, in the Petitions,\16\ the petitioners calculated two margins. Consistent with our practice, we preliminarily assigned as the ``all-others'' rate in the investigation covering CTL plate from Turkey the simple average of the two dumping margins calculated for subject merchandise from Turkey provided in the Petitions, which is 42.02 percent.\17\ --------------------------------------------------------------------------- \16\ See the Petitions at Volume XII. \17\ Id.; PET Resin from India Final Determination at Comment 14. --------------------------------------------------------------------------- Preliminary Determinations The Department preliminarily determines that the following weighted-average dumping margins exist: [[Page 65339]] ------------------------------------------------------------------------ Weighted Exporter/producer average margin (percent) ------------------------------------------------------------------------ Brazil ------------------------------------------------------------------------ Companhia Siderurgica Nacional.......................... 74.52 Usinas Siderurgicas de Minas Gerais SA.................. 74.52 All Others.............................................. 74.52 ------------------------------------------------------------------------ South Africa ------------------------------------------------------------------------ Evraz Highveld Steel and Vanadium Corp.................. 94.14 All Others.............................................. 87.72 ------------------------------------------------------------------------ Turkey ------------------------------------------------------------------------ Ere[gbreve]li Demir ve [Ccedil]elik Fabrikalari 50.00 T.A.[Scedil]........................................... All Others.............................................. 42.02 ------------------------------------------------------------------------ Suspension of Liquidation In accordance with section 733(d)(2) of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of CTL plate from Brazil, South Africa and Turkey, as described in the ``Scope of the Investigations'' in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of: (a) The date which is 90 days before the date on which the suspension of liquidation was first ordered; or (b) the date on which notice of initiation of the investigation was published. On September 7, 2016, we published our preliminarily determination that critical circumstances exist for imports from all producers and exporters of CTL plate from Brazil and Turkey. In accordance with 733(e)(2)(A), suspension of liquidation of CTL plate from Brazil and Turkey as described in the ``Scope of the investigations'' in Appendix I, shall apply to unliquidated entries of merchandise from all producers in Brazil and Turkey, that are entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice, the date suspension of liquidation is first ordered. At such time, we will also instruct CBP, pursuant to section 733 (d)(1)(B) of the Act and 19 CFR 351.205(d), to require a cash deposit equal to the margins indicated in the charts above.\18\ These suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \18\ See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011). --------------------------------------------------------------------------- Verification Because the mandatory respondents in these investigations did not provide the information requested, the Department will not conduct verifications. Disclosure Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary determination within five days after public announcement of the preliminary determination in accordance with 19 CFR 351.224(b). Because the Department preliminarily applied AFA to each of the mandatory respondents in these investigations, in accordance with section 776 of the Act, there are no calculations to disclose. Public Comment Interested parties are invited to comment on these preliminary determinations no later than 30 days after the date of publication of these preliminary determinations.\19\ Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\20\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in these proceedings are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. --------------------------------------------------------------------------- \19\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for general filing requirements). \20\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- In its Preliminary Scope Decision Memorandum, the Department established separate deadlines for interested parties to provide comments on scope issues.\21\ Specifically, case briefs on scope issues may be submitted no later than 30 days after the publication of the preliminary countervailing duty determinations for CTL plate from China and Korea in the Federal Register. Rebuttal scope briefs, limited to issues raised in the scope case briefs, may be submitted no later than five days after the deadline for the scope case briefs. Parties should limit any comments on scope issues to their scope case brief and rebuttal scope brief. --------------------------------------------------------------------------- \21\ See Preliminary Scope Decision Memorandum at page 15. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.\22\ Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \22\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, we are notifying the U.S. International Trade Commission (ITC) of our affirmative preliminary determinations of sales at LTFV. If our final determinations are affirmative, the ITC will determine before the later of 120 days after the date of these preliminary determinations or 45 days after our final determinations whether these imports are materially injuring, or threaten material injury to, the U.S. industry. These determinations are issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: September 15, 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 [[Page 65340]] 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 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 these 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 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) 320-350HBW; (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 [[Page 65341]] (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 these 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 these 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, 7214.10.0000, 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 these investigations is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigations IV. Scope of the Investigations V. Scope Comments VI. Application of Facts Available and Use of Adverse Inference, and Calculation of All-Others Rate VII. Critical Circumstances VIII. Verification IX. Conclusion [FR Doc. 2016-22885 Filed 9-21-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Notices 65337
migrant populations, complex DEPARTMENT OF COMMERCE investigation covering CTL plate from
households, rural populations, and Turkey. For a complete description of
population segments with limited International Trade Administration the events that followed the initiation of
access to technology. The Committee [A–351–847, A–791–822, A–489–828] these investigations, see the Preliminary
also advises on data privacy and Decision Memorandum dated
confidentiality, among other issues. Certain Carbon and Alloy Steel Cut-to- concurrently with these determinations
All meetings are open to the public. Length Plate From Brazil, South Africa, and hereby adopted by this notice.2 A
A brief period will be set aside at the and the Republic of Turkey: Affirmative list of topics included in the
meeting for public comment on October Preliminary Determinations of Sales at Preliminary Decision Memorandum is
3. Individuals with extensive questions Less Than Fair Value included as Appendix II to this notice.
or statements must submit them in The Preliminary Decision Memorandum
writing to: AGENCY: Enforcement and Compliance,
is a public document and is made
census.national.advisory.committee@ International Trade Administration,
available to the public via Enforcement
census.gov (subject line ‘‘October 3, Department of Commerce
and Compliance’s Antidumping and
2016 NAC Virtual Meeting Public SUMMARY: The Department of Commerce
Countervailing Duty Centralized
Comment’’), or by letter submission to (the Department) preliminarily Electronic Service System (ACCESS).
the Committee Liaison Officer, determines that imports of Certain ACCESS is available to registered users
Department of Commerce, U.S. Census Carbon and Alloy Steel Cut-to-Length
at https://access.trade.gov, and to all
Bureau, Room 8H179, 4600 Silver Hill Plate (CTL plate) from Brazil, South
parties in the Department’s Central
Road, Washington, DC 20233. Africa, and the Republic of Turkey
Records Unit, Room B8024 of the main
Dated: September 13, 2016.
(Turkey) are being, or are likely to be,
Department of Commerce building. In
sold in the United States at less than fair
John H. Thompson, addition, a complete version of the
value (LTFV). The period of
Director, Bureau of the Census. investigation (POI) for these Preliminary Decision Memorandum can
[FR Doc. 2016–22783 Filed 9–21–16; 8:45 am] investigations is April 1, 2015, through be found at http://
BILLING CODE 3510–07–P March 31, 2016. The estimated margins enforcement.trade.gov/frn/. The signed
of sales at LTFV are shown in the and the electronic versions of the
‘‘Preliminary Determinations’’ section of Preliminary Decision Memorandum are
DEPARTMENT OF COMMERCE this notice. Interested parties are invited identical.
to comment on these preliminary Scope of the Investigations
Foreign-Trade Zones Board
determinations.
[S–103–2016] DATES: Effective September 22, 2016. The products covered by these
investigations are CTL plate. For a full
FOR FURTHER INFORMATION CONTACT:
Approval of Subzone Status; Michaels description of the scope of these
Mark Kennedy at (202) 482–7883
Stores Procurement Company, Inc., investigations, see the ‘‘Scope of the
(Brazil); Julia Hancock or Susan
Hazleton, Pennsylvania Investigations,’’ in Appendix I of this
Pulongbarit at (202) 482–1394 or (202)
notice.
On July 26, 2016, the Executive 482–4031, respectively (South Africa);
Secretary of the Foreign-Trade Zones or Dmitry Vladimirov at (202) 482–0665 Scope Comments
(FTZ) Board docketed an application (Turkey), AD/CVD Operations,
submitted by the Eastern Distribution Enforcement and Compliance, In accordance with the Preamble to
Center, Inc., grantee of FTZ 24, International Trade Administration, the Department’s regulations,3 the
requesting subzone status subject to the U.S. Department of Commerce, 1401 Initiation Notice set aside a period of
existing activation limit of FTZ 24, on Constitution Avenue NW., Washington, time for parties to raise issues regarding
behalf of Michaels Stores Procurement DC 20230. product coverage (i.e., scope).4 Certain
Company, Inc., in Hazleton, SUPPLEMENTARY INFORMATION: interested parties commented on the
Pennsylvania. scope of these investigations as it
The application was processed in Background appeared in the Initiation Notice, as
accordance with the FTZ Act and The Department published the notice well as additional language proposed by
Regulations, including notice in the of initiation of these investigations on the Department. For a summary of the
Federal Register inviting public May 5, 2016.1 Companhia Siderurgica product coverage comments and
comment (81 FR 49927–49928, July 29, Nacional (CSN) and Usinas Siderurgicas rebuttal responses submitted to the
2016). The FTZ staff examiner reviewed de Minas Gerais SA (Usiminas) are the records of these investigations, and a
the application and determined that it mandatory respondents in the discussion and analysis of all comments
meets the criteria for approval. Pursuant investigation covering CTL plate from timely received, see the Department’s
to the authority delegated to the FTZ Brazil; Evraz Highveld Steel and Preliminary Scope Decision
Board Executive Secretary (15 CFR Vanadium Corp. (Evraz Highveld) is the
400.36(f)), the application to establish mandatory respondent in the 2 See Memorandum from Christian Marsh, Deputy
Subzone 24D is approved, subject to the investigation covering CTL plate from Assistant Secretary for Antidumping and
FTZ Act and the Board’s regulations, South Africa; and Ereğli Demir ve Çelik Countervailing Duty Operations, to Paul Piquado,
Assistant Secretary for Enforcement and
asabaliauskas on DSK3SPTVN1PROD with NOTICES
including Section 400.13, and further Fabrikalari T.A.Ş. (Erdemir) is the Compliance ‘‘Decision Memorandum for the
subject to FTZ 24’s 2,000-acre activation mandatory respondent in the Preliminary Determinations in the Less-Than-Fair-
limit. Value Investigations of Certain Carbon and Alloy
1 See Certain Carbon and Alloy Steel Cut-To- Steel Cut-to-Length Plate from Brazil, South Africa,
Dated: September 15, 2016. Length Plate From Austria, Belgium, Brazil, France, and the Republic of Turkey,’’ dated concurrently
Andrew McGilvray, the Federal Republic of Germany, Italy, Japan, the with this notice (Preliminary Decision
Republic of Korea, the People’s Republic of China, Memorandum).
Executive Secretary. 3 See Antidumping Duties; Countervailing Duties,
South Africa, Taiwan, and the Republic of Turkey:
[FR Doc. 2016–22880 Filed 9–21–16; 8:45 am] Initiation of Less-Than-Fair-Value Investigations, 81 62 FR 27296, 27323 (May 19, 1997) (Preamble).
BILLING CODE 3510–DS–P FR 27089 (May 5, 2016) (Initiation Notice). 4 See Initiation Notice, 81 FR at 27089.
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![Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Notices 65341
(single value) and equal or greater than 25 ft. Commerce (the ‘‘Department’’) and the from the PRC and Taiwan, and the CVD
lbs (average of 3 specimens); International Trade Commission (the order on NWRs from the PRC, would
(d) Conforming to ASTM A578–S9 ‘‘ITC’’) that revocation of the likely lead to continuation or recurrence
ultrasonic testing requirements with
antidumping duty (‘‘AD’’) orders on of material injury to an industry in the
acceptance criteria 3.2 mm flat bottom hole;
and narrow woven ribbons with woven United States within a reasonably
(e) Conforming to magnetic particle selvedge (‘‘NWRs’’) from the People’s foreseeable time.5
inspection in accordance with AMS 2301. Republic of China (‘‘PRC’’) and Taiwan
The products subject to these and the countervailing duty (‘‘CVD’’) Scope of the Orders
investigations are currently classified in the order on NWRs from the PRC would The merchandise covered by the
Harmonized Tariff Schedule of the United likely lead to a continuation or scope of the orders is narrow woven
States (HTSUS) under item numbers: recurrence of dumping and ribbons with woven selvedge, in any
7208.40.3030, 7208.40.3060, 7208.51.0030,
countervailable subsidies and material length, but with a width (measured at
7208.51.0045, 7208.51.0060, 7208.52.0000,
7211.13.0000, 7211.14.0030, 7211.14.0045, injury to an industry in the United the narrowest span of the ribbon) less
7225.40.1110, 7225.40.1180, 7225.40.3005, States, the Department is publishing this than or equal to 12 centimeters,
7225.40.3050, 7226.20.0000, and notice of continuation of the AD orders composed of, in whole or in part, man-
7226.91.5000. and the CVD order. made fibers (whether artificial or
The products subject to these DATES: Effective September 22, 2016. synthetic, including but not limited to
investigations may also enter under the nylon, polyester, rayon, polypropylene,
FOR FURTHER INFORMATION CONTACT:
following HTSUS item numbers: and polyethylene teraphthalate), metal
7208.40.6060, 7208.53.0000, 7208.90.0000, Robert Galantucci (202–482–2923) or
7210.70.3000, 7210.90.9000, 7211.19.1500, Toby Vandall (202–482–1664), AD/CVD threads and/or metalized yarns, or any
7211.19.2000, 7211.19.4500, 7211.19.6000, Operations, Enforcement and combination thereof. Narrow woven
7211.19.7590, 7211.90.0000, 7212.40.1000, Compliance, International Trade ribbons subject to the orders may:
7212.40.5000, 7212.50.0000, 7214.10.0000, Administration, U.S. Department of • Also include natural or other non-
7214.30.0010, 7214.30.0080, 7214.91.0015, Commerce, 14th Street and Constitution man-made fibers;
7214.91.0060, 7214.91.0090, 7225.11.0000, Avenue NW., Washington, DC 20230. • be of any color, style, pattern, or
7225.19.0000, 7225.40.5110, 7225.40.5130, weave construction, including but not
SUPPLEMENTARY INFORMATION:
7225.40.5160, 7225.40.7000, 7225.99.0010, limited to single-faced satin, double-
7225.99.0090, 7226.11.1000, 7226.11.9060, Background faced satin, grosgrain, sheer, taffeta,
7226.19.1000, 7226.19.9000, 7226.91.0500,
7226.91.1530, 7226.91.1560, 7226.91.2530, On August 3, 2015, the Department twill, jacquard, or a combination of two
7226.91.2560, 7226.91.7000, 7226.91.8000, initiated 1 and the ITC instituted 2 five- or more colors, styles, patterns, and/or
and 7226.99.0180. year (sunset) reviews of the AD orders weave constructions;
The HTSUS subheadings above are on NWRs from the PRC and Taiwan, • have been subjected to, or
provided for convenience and customs and the CVD order on NWRs from the composed of materials that have been
purposes only. The written description of the PRC, pursuant to section 751(c) of the subjected to, various treatments,
scope of these investigations is dispositive. Tariff Act of 1930, as amended (‘‘the including but not limited to dyeing,
Appendix II Act’’). The Department conducted printing, foil stamping, embossing,
expedited sunset reviews of these flocking, coating, and/or sizing;
List of Topics Discussed in the Preliminary
orders. As a result of its reviews, the • have embellishments, including but
Decision Memorandum
Department determined that revocation not limited to appliqué, fringes,
I. Summary of the AD orders on NWRs from the PRC embroidery, buttons, glitter, sequins,
II. Background laminates, and/or adhesive backing;
and Taiwan would likely lead to
III. Period of Investigations
continuation or recurrence of dumping, • have wire and/or monofilament in,
IV. Scope of the Investigations
V. Scope Comments and that revocation of the CVD order on, or along the longitudinal edges of
VI. Application of Facts Available and Use of would likely lead to continuation or the ribbon;
Adverse Inference, and Calculation of recurrence of countervailable • have ends of any shape or
All-Others Rate subsidies.3 The Department, therefore, dimension, including but not limited to
VII. Critical Circumstances notified the ITC of the magnitude of the straight ends that are perpendicular to
VIII. Verification dumping margins and net the longitudinal edges of the ribbon,
IX. Conclusion countervailable subsidy rates likely to tapered ends, flared ends or shaped
[FR Doc. 2016–22885 Filed 9–21–16; 8:45 am] prevail should the AD orders and the ends, and the ends of such woven
BILLING CODE 3510–DS–P CVD order be revoked.4 On September ribbons may or may not be hemmed;
15, 2016, the ITC published its • have longitudinal edges that are
determination, pursuant to sections straight or of any shape, and the
DEPARTMENT OF COMMERCE 751(c) and 752 of the Act, that longitudinal edges of such woven
revocation of the AD orders on NWRs ribbon may or may not be parallel to
International Trade Administration each other;
[A–570–952; A–583–844; C–570–953] 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 • consist of such ribbons affixed to
FR 45945 (August 3, 2015). like ribbon and/or cut-edge woven
2 See Narrow Woven Ribbons With Woven
Narrow Woven Ribbons With Woven ribbon, a configuration also known as an
Selvedge From China and Taiwan; Institution of
Selvedge From the People’s Republic Five-Year Reviews, 80 FR 46048 (August 3, 2015). ‘‘ornamental trimming;’’
asabaliauskas on DSK3SPTVN1PROD with NOTICES
of China and Taiwan: Continuation of 3 See Narrow Woven Ribbons With Woven • be wound on spools; attached to a
Antidumping Duty Orders and Selvedge From the People’s Republic of China and card; hanked (i.e., coiled or bundled);
Countervailing Duty Order Taiwan: Final Results of the Expedited Sunset packaged in boxes, trays or bags; or
Reviews of the Antidumping Duty Orders, 80 FR
AGENCY: Enforcement and Compliance, 76266 (December 8, 2015); Narrow Woven Ribbons
configured as skeins, balls, bateaus or
International Trade Administration, With Woven Selvedge From the People’s Republic folds; and/or
of China: Final Results of Expedited Sunset Review
Department of Commerce. of the Countervailing Duty Order, 80 FR 75967 5 See Narrow Woven Ribbons With Woven
SUMMARY: As a result of the (December 7, 2015). Selvedge From China and Taiwan, 81 FR 63494
determinations by the Department of 4 Id. (September 15, 2016).
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Document Created: 2016-09-22 01:03:48
Document Modified: 2016-09-22 01:03:48
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective September 22, 2016. | |
| Contact | Mark Kennedy at (202) 482-7883 (Brazil); Julia Hancock or Susan Pulongbarit at (202) 482-1394 or (202) 482-4031, respectively (South Africa); or Dmitry Vladimirov at (202) 482-0665 (Turkey), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. | |
| FR Citation | 81 FR 65337 |
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