81 FR 79420 - Certain Carbon and Alloy Steel Cut-to-Length Plate From Taiwan: Preliminary Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 219 (November 14, 2016)
International Trade Administration
Federal Register Volume 81, Issue 219 (November 14, 2016)
| Page Range | 79420-79423 | |
| FR Document | 2016-27306 |
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)] [Notices] [Pages 79420-79423] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27306] [[Page 79420]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-858] Certain Carbon and Alloy Steel Cut-to-Length Plate From Taiwan: Preliminary Determination 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 certain carbon and alloy steel cut-to-length plate (CTL plate) from Taiwan is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2015, through March 31, 2016. The estimated weighted- average dumping margins of sales at LTFV are shown in the ``Preliminary Determination'' section of this notice. Interested parties are invited to comment on this preliminary determination. DATES: Effective November 14, 2016. FOR FURTHER INFORMATION CONTACT: Davina Friedmann or Tyler Weinhold, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0698 or (202) 482-1121, respectively. SUPPLEMENTARY INFORMATION: Background The Department initiated this investigation on April 28, 2016.\1\ We selected two mandatory respondents in this investigation, China Steel Corporation (China Steel) and Shang Chen Steel Co., Ltd. (Shang Chen). For a complete description of the events that followed the initiation of this investigation, see the memorandum that is dated concurrently with this determination and hereby adopted by this notice.\2\ A list of topics in the Preliminary Decision Memorandum is included as Appendix II to this notice. --------------------------------------------------------------------------- \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, entitled ``Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate From Taiwan'' (Preliminary Decision Memorandum), dated concurrently with 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 is available 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 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. Scope of the Investigation The product covered by this investigation is CTL plate from Taiwan. For a full description of the scope of this investigation, see the ``Scope of the Investigation,'' 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 the concurrent CTL plate investigations as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the records of this and the concurrent CTL plate investigations, and a discussion and analysis of all comments timely received, see the Department's Preliminary Scope Decision Memorandum and the Department's Additional Preliminary Scope Decision Memorandum.\5\ The Department has preliminarily modified the scope language as it appeared in the Initiation Notice to clarify the exclusion for stainless steel plate, corrected two tariff numbers that were misidentified in the Petitions and in the Initiation Notice, and modified language pertaining to existing steel plate and hot-rolled flat-rolled steel orders.\6\ --------------------------------------------------------------------------- \3\ See Antidumping Duties; Countervailing Duties; Final rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). \4\ See Initiation Notice, 81 FR at 27090. \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), and 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: Additional Scope Comments Preliminary Decision Memorandum and Extension of Deadlines for Scope Case Briefs and Scope Rebuttal Briefs,'' dated October 13, 2016 (Additional Preliminary Scope Decision Memorandum), respectively. \6\ See Preliminary Scope Decision Memorandum at 2 and 56, and Additional Preliminary Scope Decision Memorandum at 10-11 and 20. --------------------------------------------------------------------------- Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Export price is calculated in accordance with section 772 of the Tariff Act of 1930, as amended (the Act). Normal value (NV) is calculated in accordance with section 773 of the Act.\7\ For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. --------------------------------------------------------------------------- \7\ We have determined that Shang Chen does not have Constructed Export Price (CEP) sales. --------------------------------------------------------------------------- Adverse Facts Available Because mandatory respondent China Steel failed to cooperate to the best of its ability in responding to the Department's questionnaires, we preliminarily determine to use adverse facts available (AFA) with respect to this respondent, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For further discussion, see the Preliminary Decision Memorandum. All-Others Rate Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act, the Department also calculated an estimated all-others rate. Section 735(c)(5)(A) of the Act provides that the estimated all-others rate 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. In this investigation, because the margin for China Steel was determined entirely under section 776 of the Act, and hence, because Shang Chen was the only respondent for which we calculated a weighted- average dumping margin, we based our determination of the all-others rate on the estimated [[Page 79421]] weighted-average dumping margin calculated for Shang Chen.\8\ --------------------------------------------------------------------------- \8\ See, e.g., Welded Line Pipe From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 80 FR 61362, 61363 (October 13, 2015). --------------------------------------------------------------------------- Preliminary Determination The Department preliminarily determines that CTL plate from Taiwan is being, or is likely to be, sold in the United States at LTFV, pursuant to section 733 of the Act, and that the following estimated weighted-average dumping margins exist: ------------------------------------------------------------------------ Weighted-average Exporter/manufacturer dumping margin (percent) ------------------------------------------------------------------------ China Steel Corporation.............................. 28.00 Shang Chen Steel Co., Ltd............................ 3.51 All Others........................................... 3.51 ------------------------------------------------------------------------ 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 Taiwan, as described in the Scope of the Investigation in Appendix I, from Shang Chen that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Section 733(e)(2) of the Act provides that, given an affirmative preliminary 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. Because we have preliminarily found that critical circumstances exist with regard to imports produced and exported by China Steel and ``all other'' companies,\9\ we will instruct CBP to suspend liquidation of all entries of CTL plate from Taiwan, as described in the scope of the investigation, from China Steel and the ``all other'' companies that are entered, or withdrawn from warehouse, for consumption on or after the date that is 90 days prior to the date on which suspension of liquidation is first ordered (e.g., the date of publication of this notice). --------------------------------------------------------------------------- \9\ See Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey; Antidumping and Countervailing Duty Investigations: Preliminary Determinations of Critical Circumstances, 81 FR 61666 (September 7, 2016). --------------------------------------------------------------------------- Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we will instruct CBP to require cash deposits \10\ equal to the weighted- average amount by which the NV exceeds U.S. price, as indicated in the chart above, as follows: (1) The rate for the mandatory respondents listed above will be the respondent-specific rates we determined in this preliminary determination; (2) if the exporter is not a mandatory respondent identified above, but the producer is, the rate will be the specific rate established for the producer of the subject merchandise; and (3) the rate for all other producers or exporters will be the all- others rate. The suspension of liquidation instructions will remain in effect until further notice. --------------------------------------------------------------------------- \10\ 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). --------------------------------------------------------------------------- Disclosure We intend to disclose the calculations performed to interested parties in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i) of the Act, we intend to verify information relied upon in making our final determination. Public Comment Interested parties are invited to comment on this preliminary determination. Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.\11\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding 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. --------------------------------------------------------------------------- \11\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). --------------------------------------------------------------------------- The Department established separate deadlines for interested parties to provide comments on scope issues.\12\ Specifically, case briefs on scope issues were to be submitted no later than October 21, 2016. Scope rebuttal briefs, limited to issues raised in the scope case briefs, were to be submitted no later than November 1, 2016.\13\ The Department explained that parties should limit comments on scope issues to their scope case brief and their scope rebuttal brief.\14\ Thus, comments on scope issues belong in parties' scope case briefs and scope rebuttal briefs only and not in other case briefs and rebuttal briefs submitted in this investigation. The Department intends to address parties' scope comments in a final scope memorandum. --------------------------------------------------------------------------- \12\ See Preliminary Scope Decision Memorandum; Additional Preliminary Scope Decision Memorandum; Memorandum to the File ``Deadlines for Submitting Scope Case Briefs and Scope Rebuttal Briefs,'' dated October 18, 2016 (``Deadline Memo for Scope Briefs''); and Memorandum to the File regarding, ``Extension of Deadline for Submitting Scope Rebuttal Briefs,'' dated October 28, 2016 (``Extension Memo for Scope Rebuttal Briefs''). \13\ See Deadline Memo for Scope Briefs and Extension Memo for Scope Rebuttal Briefs. \14\ See, e.g., Deadline Memo for Scope Briefs. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. 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. 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 Standard Time. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. 19 CFR 351.210(e)(2) requires that requests by respondents for [[Page 79422]] postponement of a final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. Respondents China Steel and Shang Chen have requested that, in the event of an affirmative preliminary determination in this investigation, the Department postpone its final determination, i.e., no later than 135 days after the publication of the preliminary determination in the Federal Register, and agreed to extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a period not to exceed six months.\15\ --------------------------------------------------------------------------- \15\ See letters from China Steel and Shang Chen regarding, ``Certain Carbon and Alloy Steel Cut-to-Length Plate From Taiwan-- Request for Extension of the Deadline for the Department's Final Determination,'' dated October 31, 2016. --------------------------------------------------------------------------- In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination until no later than 135 days after the publication of this notice in the Federal Register and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, we will issue our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.\16\ --------------------------------------------------------------------------- \16\ See 19 CFR 351.210(b)(2) and (e). --------------------------------------------------------------------------- International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we are notifying the ITC of our affirmative preliminary determination of sales at LTFV. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: November 4, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. 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., 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 (i.e., Notice of Antidumping Duty Order; Certain Hot-Rolled Carbon Steel Flat Products From Taiwan, 66 FR 59563 (November 29, 2001).); 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: [[Page 79423]] (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 75ksi min and UTS 95ksi or more, Elongation of 18% or more and Reduction of area 35% or more; having charpy V at -75 degrees F in the longitudinal direction equal or greater than 15 ft. lbs (single value) and equal or greater than 20 ft. lbs (average of 3 specimens) and conforming to the requirements of NACE MR01-75; or (ii) With a Brinell hardness not less than 240 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or more and Reduction of area 30% or more; having charpy V at -40 degrees F in the longitudinal direction equal or greater than 21 ft. lbs (single value) and equal or greater than 31 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301; (7) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: (a) Made from Electric Arc Furnace melted, ladle refined & vacuum degassed, alloy steel with the following chemical composition (expressed in weight percentages): Carbon 0.25-0.30, Silicon not greater than 0.25, Manganese not greater than 0.50, Nickel 3.0-3.5, Sulfur not greater than 0.010, Phosphorus not greater than 0.020, Chromium 1.0-1.5, Molybdenum 0.6-0.9, Vanadium 0.08 to 0.12 Boron 0.002-0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm. (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not exceeding 1.5(t) and 1.0(h); (c) Having the following mechanical properties: A Brinell hardness not less than 350 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 145ksi or more and UTS 160ksi or more, Elongation of 15% or more and Reduction of area 35% or more; having charpy V at -40 degrees F in the transverse direction equal or greater than 20 ft. lbs (single value) and equal or greater than 25 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. 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. 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 1. Summary 2. Background 3. Period of Investigation 4. Preliminary Determination of Critical Circumstances 5. Postponement of Final Determination and Extension of Provisional Measures 6. Scope Comments 7. Affiliation and Collapsing 8. Discussion of the Methodology a. Determination of Comparison Method b. Results of the Differential Pricing Analysis 9. Date of Sale 10. Product Comparisons 11. Export Price/Constructed Export Price 12. Normal Value a. Home Market Viability b. Affiliated-Party Transactions and Arm's-Length Test c. Level of Trade d. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison-Market Sales Prices 3. Results of the COP Test e. Calculation of NV Based on Comparison-Market Prices 11. Application of Facts Available and Use of Adverse Inferences a. Use of Adverse Inference b. Application of Facts Available with an Adverse Inference c. Selection of the AFA Rate 12. Currency Conversion 13. Conclusion [FR Doc. 2016-27306 Filed 11-10-16; 8:45 am] BILLING CODE 3510-DS-P
![79420 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
DEPARTMENT OF COMMERCE Preliminary Decision Memorandum is preliminarily modified the scope
included as Appendix II to this notice. language as it appeared in the Initiation
International Trade Administration The Preliminary Decision Notice to clarify the exclusion for
[A–583–858]
Memorandum is a public document and stainless steel plate, corrected two tariff
is made available to the public via numbers that were misidentified in the
Certain Carbon and Alloy Steel Cut-to- Enforcement and Compliance’s Petitions and in the Initiation Notice,
Length Plate From Taiwan: Preliminary Antidumping and Countervailing Duty and modified language pertaining to
Determination of Sales at Less Than Centralized Electronic Service System existing steel plate and hot-rolled flat-
Fair Value (ACCESS). ACCESS is available to rolled steel orders.6
registered users at https://
AGENCY: Enforcement and Compliance, access.trade.gov, and is available to all Methodology
International Trade Administration, parties in the Department’s Central The Department is conducting this
Department of Commerce. Records Unit, room B8024 of the main investigation in accordance with section
SUMMARY: The Department of Commerce Department of Commerce building. In 731 of the Act. Export price is
(the Department) preliminarily addition, a complete version of the calculated in accordance with section
determines that certain carbon and alloy Preliminary Decision Memorandum can 772 of the Tariff Act of 1930, as
steel cut-to-length plate (CTL plate) be accessed directly on the internet at amended (the Act). Normal value (NV)
from Taiwan is being, or is likely to be, http://enforcement.trade.gov/frn/. The is calculated in accordance with section
sold in the United States at less than fair signed Preliminary Decision 773 of the Act.7 For a full description of
value (LTFV). The period of Memorandum and the electronic the methodology underlying our
investigation (POI) is April 1, 2015, version of the Preliminary Decision preliminary conclusions, see the
through March 31, 2016. The estimated Memorandum are identical in content. Preliminary Decision Memorandum.
weighted-average dumping margins of
Scope of the Investigation Adverse Facts Available
sales at LTFV are shown in the
‘‘Preliminary Determination’’ section of The product covered by this Because mandatory respondent China
this notice. Interested parties are invited investigation is CTL plate from Taiwan. Steel failed to cooperate to the best of
to comment on this preliminary For a full description of the scope of this its ability in responding to the
determination. investigation, see the ‘‘Scope of the Department’s questionnaires, we
Investigation,’’ in Appendix I of this preliminarily determine to use adverse
DATES: Effective November 14, 2016. notice.
FOR FURTHER INFORMATION CONTACT: facts available (AFA) with respect to
Davina Friedmann or Tyler Weinhold, Scope Comments this respondent, in accordance with
AD/CVD Operations, Office VI, In accordance with the Preamble to sections 776(a) and (b) of the Act and 19
Enforcement and Compliance, the Department’s regulations,3 the CFR 351.308. For further discussion, see
International Trade Administration, Initiation Notice set aside a period of the Preliminary Decision Memorandum.
U.S. Department of Commerce, 1401 time for parties to raise issues regarding All-Others Rate
Constitution Avenue NW., Washington, product coverage, i.e., scope.4 Certain
DC 20230; telephone: (202) 482–0698 or interested parties commented on the Consistent with sections
(202) 482–1121, respectively. scope of the concurrent CTL plate 733(d)(1)(A)(ii) and 735(c)(5) of the Act,
investigations as it appeared in the the Department also calculated an
SUPPLEMENTARY INFORMATION:
Initiation Notice. For a summary of the estimated all-others rate. Section
Background product coverage comments and 735(c)(5)(A) of the Act provides that the
rebuttal responses submitted to the estimated all-others rate shall be an
The Department initiated this
records of this and the concurrent CTL amount equal to the weighted average of
investigation on April 28, 2016.1 We
plate investigations, and a discussion the estimated weighted-average
selected two mandatory respondents in
and analysis of all comments timely dumping margins established for
this investigation, China Steel
received, see the Department’s exporters and producers individually
Corporation (China Steel) and Shang
Preliminary Scope Decision investigated, excluding any zero and de
Chen Steel Co., Ltd. (Shang Chen). For
Memorandum and the Department’s minimis margins, and any margins
a complete description of the events that
Additional Preliminary Scope Decision determined entirely under section 776
followed the initiation of this
Memorandum.5 The Department has of the Act.
investigation, see the memorandum that
In this investigation, because the
is dated concurrently with this
3 See Antidumping Duties; Countervailing Duties; margin for China Steel was determined
determination and hereby adopted by
Final rule, 62 FR 27296, 27323 (May 19, 1997) entirely under section 776 of the Act,
this notice.2 A list of topics in the (Preamble).
4 See Initiation Notice, 81 FR at 27090.
and hence, because Shang Chen was the
1 See Certain Carbon and Alloy Steel Cut-To- 5 See Memorandum to Christian Marsh, Deputy
only respondent for which we
Length Plate From Austria, Belgium, Brazil, France, Assistant Secretary for Antidumping and calculated a weighted-average dumping
the Federal Republic of Germany, Italy, Japan, the Countervailing Duty Operations, ‘‘Certain Carbon margin, we based our determination of
Republic of Korea, the People’s Republic of China, and Alloy Steel Cut-to-Length Plate From Austria, the all-others rate on the estimated
South Africa, Taiwan, and the Republic of Turkey: Belgium, Brazil, the People’s Republic of China,
Initiation of Less-Than-Fair Value Investigations, 81 France, the Federal Republic of Germany, Italy,
FR 27089 (May 5, 2016) (Initiation Notice). Japan, the Republic of Korea, the Republic of South Korea, the Republic of South Africa, Taiwan, and
2 See Memorandum from Christian Marsh, Deputy Africa, Taiwan, and Turkey: Scope Comments Turkey: Additional Scope Comments Preliminary
mstockstill on DSK3G9T082PROD with NOTICES
Assistant Secretary for Antidumping and Decision Memorandum for the Preliminary Decision Memorandum and Extension of Deadlines
Countervailing Duty Operations, to Paul Piquado, Determinations,’’ dated September 6, 2016 for Scope Case Briefs and Scope Rebuttal Briefs,’’
Assistant Secretary for Enforcement and (Preliminary Scope Decision Memorandum), and dated October 13, 2016 (Additional Preliminary
Compliance, entitled ‘‘Decision Memorandum for Memorandum to Christian Marsh, Deputy Assistant Scope Decision Memorandum), respectively.
6 See Preliminary Scope Decision Memorandum
the Preliminary Determination in the Antidumping Secretary for Antidumping and Countervailing Duty
Duty Investigation of Certain Carbon and Alloy Operations, ‘‘Certain Carbon and Alloy Steel Cut-to- at 2 and 56, and Additional Preliminary Scope
Steel Cut-To-Length Plate From Taiwan’’ Length Plate From Austria, Belgium, Brazil, the Decision Memorandum at 10–11 and 20.
(Preliminary Decision Memorandum), dated People’s Republic of China, France, the Federal 7 We have determined that Shang Chen does not
concurrently with this notice. Republic of Germany, Italy, Japan, the Republic of have Constructed Export Price (CEP) sales.
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![Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 79423
(i) 270–300 HBW, • Chromium 1.0–1.5, 9. Date of Sale
(ii) 290–320 HBW, or • Molybdenum 0.6–0.9, 10. Product Comparisons
(iii) 320–350 HBW; • Vanadium 0.08 to 0.12 11. Export Price/Constructed Export Price
(c) Having cleanliness in accordance with • Boron 0.002–0.004, 12. Normal Value
ASTM E45 method A (Thin and Heavy): A • Oxygen not greater than 20 ppm, a. Home Market Viability
not exceeding 1.5, B not exceeding 1.0, C not • Hydrogen not greater than 2 ppm, and b. Affiliated-Party Transactions and Arm’s-
exceeding 0.5, D not exceeding 1.5; and • Nitrogen not greater than 60 ppm. Length Test
(d) Conforming to ASTM A578–S9 (b) Having cleanliness in accordance with c. Level of Trade
ultrasonic testing requirements with ASTM E45 method A (Thin and Heavy): A d. Cost of Production Analysis
acceptance criteria 2 mm flat bottom hole; not exceeding 1.0(t) and 0.5(h), B not 1. Calculation of COP
(6) Alloy forged and rolled steel CTL plate exceeding 1.5(t) and 1.0(h), C not exceeding 2. Test of Comparison-Market Sales Prices
over 407 mm in actual thickness and meeting 1.0(t) and 0.5(h), and D not exceeding 1.5(t) 3. Results of the COP Test
the following requirements: and 1.0(h); e. Calculation of NV Based on Comparison-
(a) Made from Electric Arc Furnace melted, (c) Having the following mechanical Market Prices
Ladle refined & vacuum degassed, alloy steel properties: A Brinell hardness not less than 11. Application of Facts Available and Use of
with the following chemical composition 350 HBW measured in all parts of the Adverse Inferences
(expressed in weight percentages): product including mid thickness; and having a. Use of Adverse Inference
• Carbon 0.23–0.28, a Yield Strength of 145ksi or more and UTS b. Application of Facts Available with an
• Silicon 0.05–0.15, 160ksi or more, Elongation of 15% or more Adverse Inference
• Manganese 1.20–1.50, and Reduction of area 35% or more; having c. Selection of the AFA Rate
• Nickel not greater than 0.4, charpy V at ¥40 degrees F in the transverse 12. Currency Conversion
• Sulfur not greater than 0.010, direction equal or greater than 20 ft. lbs 13. Conclusion
• Phosphorus not greater than 0.020, (single value) and equal or greater than 25 ft.
[FR Doc. 2016–27306 Filed 11–10–16; 8:45 am]
• Chromium 1.20–1.50, lbs (average of 3 specimens);
• Molybdenum 0.35–0.55, (d) Conforming to ASTM A578–S9 BILLING CODE 3510–DS–P
• Boron 0.002–0.004, ultrasonic testing requirements with
• Oxygen not greater than 20 ppm, acceptance criteria 3.2 mm flat bottom hole;
• Hydrogen not greater than 2 ppm, and and DEPARTMENT OF COMMERCE
• Nitrogen not greater than 60 ppm; (e) Conforming to magnetic particle
(b) Having cleanliness in accordance with inspection in accordance with AMS 2301. International Trade Administration
ASTM E45 method A (Thin and Heavy): A The products subject to the investigation
not exceeding 1.5, B not exceeding 1.5, C not are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) [A–475–834]
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical under item numbers: 7208.40.3030,
7208.40.3060, 7208.51.0030, 7208.51.0045, Certain Carbon and Alloy Steel Cut-To-
properties:
(i) With a Brinell hardness not more than 7208.51.0060, 7208.52.0000, 7211.13.0000, Length Plate From Italy: Preliminary
237 HBW measured in all parts of the 7211.14.0030, 7211.14.0045, 7225.40.1110, Determination of Sales at Less Than
product including mid thickness; and having 7225.40.1180, 7225.40.3005, 7225.40.3050, Fair Value, Affirmative Determination
a Yield Strength of 75ksi min and UTS 95ksi 7226.20.0000, and 7226.91.5000. of Critical Circumstances, and
or more, Elongation of 18% or more and The products subject to the investigation Postponement of Final Determination
Reduction of area 35% or more; having may also enter under the following HTSUS
charpy V at ¥75 degrees F in the item numbers: 7208.40.6060, 7208.53.0000, AGENCY: Enforcement and Compliance,
longitudinal direction equal or greater than 7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.19.1500, 7211.19.2000, 7211.19.4500,
International Trade Administration,
15 ft. lbs (single value) and equal or greater Department of Commerce.
than 20 ft. lbs (average of 3 specimens) and 7211.19.6000, 7211.19.7590, 7211.90.0000,
conforming to the requirements of NACE 7212.40.1000, 7212.40.5000, 7212.50.0000, SUMMARY: The Department of Commerce
MR01–75; or 7214.10.0000, 7214.30.0010, 7214.30.0080, (the Department) preliminarily
(ii) With a Brinell hardness not less than 7214.91.0015, 7214.91.0060, 7214.91.0090, determines that certain carbon and alloy
240 HBW measured in all parts of the 7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000,
steel cut-to-length plate (CTL plate)
product including mid thickness; and having from Italy is being, or is likely to be,
a Yield Strength of 90 ksi min and UTS 110 7225.99.0010, 7225.99.0090, 7226.11.1000,
7226.11.9060, 7226.19.1000, 7226.19.9000, sold in the United States at less than fair
ksi or more, Elongation of 15% or more and
7226.91.0500, 7226.91.1530, 7226.91.1560, value (LTFV). The period of
Reduction of area 30% or more; having
charpy V at ¥40 degrees F in the 7226.91.2530, 7226.91.2560, 7226.91.7000, investigation (POI) is April 1, 2015,
longitudinal direction equal or greater than 7226.91.8000, and 7226.99.0180. through March 31, 2016. The estimated
21 ft. lbs (single value) and equal or greater The HTSUS subheadings above are weighted-average dumping margins of
than 31 ft. lbs (average of 3 specimens); provided for convenience and customs sales at LTFV are shown in the
purposes only. The written description of the
(d) Conforming to ASTM A578–S9
scope of the investigation is dispositive.
‘‘Preliminary Determination’’ section of
ultrasonic testing requirements with this notice. Interested parties are invited
acceptance criteria 3.2 mm flat bottom hole; Appendix II—List of Topics Discussed to comment on this preliminary
and in the Preliminary Decision determination.
(e) Conforming to magnetic particle
Memorandum
inspection in accordance with AMS 2301; DATES: Effective November 14, 2016
(7) Alloy forged and rolled steel CTL plate 1. Summary
over 407 mm in actual thickness and meeting 2. Background FOR FURTHER INFORMATION CONTACT:
the following requirements: 3. Period of Investigation Alice Maldonado or Blaine Wiltse, AD/
(a) Made from Electric Arc Furnace melted, 4. Preliminary Determination of Critical CVD Operations, Office II, Enforcement
ladle refined & vacuum degassed, alloy steel Circumstances and Compliance, International Trade
mstockstill on DSK3G9T082PROD with NOTICES
with the following chemical composition 5. Postponement of Final Determination and Administration, U.S. Department of
(expressed in weight percentages): Extension of Provisional Measures
• Carbon 0.25–0.30, 6. Scope Comments
Commerce, 1401 Constitution Avenue
• Silicon not greater than 0.25, 7. Affiliation and Collapsing NW., Washington, DC 20230; telephone:
• Manganese not greater than 0.50, 8. Discussion of the Methodology (202) 482–4682 or (202) 482–6345,
• Nickel 3.0–3.5, a. Determination of Comparison Method respectively.
• Sulfur not greater than 0.010, b. Results of the Differential Pricing
• Phosphorus not greater than 0.020, Analysis SUPPLEMENTARY INFORMATION:
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Document Created: 2018-10-24 10:48:27
Document Modified: 2018-10-24 10:48:27
| 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 November 14, 2016. | |
| Contact | Davina Friedmann or Tyler Weinhold, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0698 or (202) 482-1121, respectively. | |
| FR Citation | 81 FR 79420 |
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