81 FR 79431 - Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination
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 | 79431-79434 | |
| FR Document | 2016-27303 |
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)] [Notices] [Pages 79431-79434] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27303] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-423-812] Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination 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 Belgium 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: Andrew Medley or David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4987 or (202) 482-3693, respectively. SUPPLEMENTARY INFORMATION: Background The Department initiated this investigation on April 28, 2016.\1\ 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 Belgium,'' (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 Belgium. 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, entitled, ``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, entitled, ``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 and, where appropriate, constructed export price are 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. For a full description of [[Page 79432]] the methodology underlying our preliminary conclusions, 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 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, we based our calculation of the all-others rate on the weighted-average of the margins calculated for the two mandatory respondents participating in this investigation, Industeel Belgium S.A. (Industeel) and NLMK Belgium,\7\ using publicly-ranged data. Because we cannot apply our normal methodology of calculating a weighted-average margin due to requests to protect business-proprietary information, we find this rate to be the best proxy of the actual weighted-average margin determined for these respondents.\8\ For further discussion of this calculation, see the memorandum entitled ``Certain Carbon and Alloy Steel Cut-to-Length Plate from Italy: Calculation of the Preliminary Margin for All Other Companies,'' dated concurrently with this notice. --------------------------------------------------------------------------- \7\ For this preliminary determination, the Department preliminarily determined to collapse, and treat as a single entity, NLMK Clabecq S.A., NLMK Plate Sales S.A., NLMK Sales Europe S.A., NLMK Manage Steel Center S.A., and NLMK La Louviere S.A. (collectively, NLMK Belgium). See Memorandum to Melissa Skinner, Director, Office II, ``Less Than Fair Value Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate from Belgium: Preliminary Affiliation and Collapsing Memorandum for NLMK Belgium,'' dated October 27, 2016. \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 Belgium 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) ------------------------------------------------------------------------ Industeel Belgium S.A................................ 2.41 NLMK Clabecq S.A., NLMK Plate Sales S.A., NLMK Sales 8.98 Europe S.A., NLMK Manage Steel Center S.A., and/or NLMK La Louviere S.A................................ All Others........................................... 8.50 ------------------------------------------------------------------------ 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 subject merchandise from Belgium, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, except for Industeel and NLMK Belgium, as described below. 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. Because we preliminarily found that critical circumstances exist with regard to imports produced and exported by the mandatory respondents Industeel and NLMK Belgium,\9\ we will instruct CBP to suspend liquidation of all entries of CTL plate from Belgium, as described in the scope of the investigation, from the mandatory respondents 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 rates 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. These 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 [[Page 79433]] 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; and Memorandum to the File, entitled, ``Deadlines for Submitting Scope Case Briefs and Scope Rebuttal Briefs,'' dated October 18, 2016 (Deadline Memo for Scope Briefs); and Memorandum to the File, entitled, ``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 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 NLMK Belgium and Industeel requested that, in the event of an affirmative preliminary determination in this investigation, the Department postpone its final determination, and 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 Letter from NLMK Belgium entitled, ``NLMK Clabecq's Request to Postpone Final Determination: Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium,'' dated October 6, 2016 and Letter from Industeel entitled, ``Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Request for Postponement of Final Determination,'' dated October 13, 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 intend to 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; 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, [[Page 79434]] 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 (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 I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Affiliation and Collapsing VI. Preliminary Determination of Critical Circumstances VII. Discussion of the Methodology (A) Determination of Comparison Method (B) Results of the Differential Pricing Analysis VIII. Date of Sale IX. Product Comparisons X. Export Price/Constructed Export Price XI. Normal Value (A) Home Market Viability (B) Level of Trade (C) Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test (D) Calculation of NV Based on Comparison-Market Prices (E) Price-to-Constructed Value Comparison XII. Currency Conversion XIII. Conclusion [FR Doc. 2016-27303 Filed 11-10-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 79431
7225.40.5130, 7225.40.5160, 7225.40.7000, this notice. Interested parties are invited Investigation,’’ in Appendix I of this
7225.99.0010, 7225.99.0090, 7226.11.1000, to comment on this preliminary notice.
7226.11.9060, 7226.19.1000, 7226.19.9000, determination.
7226.91.0500, 7226.91.1530, 7226.91.1560, Scope Comments
7226.91.2530, 7226.91.2560, 7226.91.7000, DATES: Effective November 14, 2016. In accordance with the Preamble to
7226.91.8000, and 7226.99.0180.
FOR FURTHER INFORMATION CONTACT: the Department’s regulations,3 the
The HTSUS subheadings above are
provided for convenience and customs Andrew Medley or David Crespo, AD/ Initiation Notice set aside a period of
purposes only. The written description of the CVD Operations, Office II, Enforcement time for parties to raise issues regarding
scope of the investigation is dispositive. and Compliance, International Trade product coverage, i.e., scope.4 Certain
Administration, U.S. Department of interested parties commented on the
Appendix II—List of Topics Commerce, 1401 Constitution Avenue scope of the concurrent CTL plate
Discussed in the Preliminary Decision NW., Washington, DC 20230; telephone: investigations as it appeared in the
Memorandum (202) 482–4987 or (202) 482–3693, Initiation Notice. For a summary of the
1. Summary respectively. product coverage comments and
2. Background rebuttal responses submitted to the
3. Period of Investigation SUPPLEMENTARY INFORMATION:
records of this and the concurrent CTL
4. Scope Comments Background plate investigations, and a discussion
5. Discussion of the Methodology and analysis of all comments timely
a. Determination of Comparison Method The Department initiated this
b. Results of the Differential Pricing received, see the Department’s
investigation on April 28, 2016.1 For a
Analysis Preliminary Scope Decision
complete description of the events that
6. Date of Sale Memorandum and the Department’s
followed the initiation of this Additional Preliminary Scope Decision
7. Product Comparisons
8. Export Price
investigation, see the memorandum that Memorandum.5 The Department has
9. Normal Value is dated concurrently with this preliminarily modified the scope
a. Home Market Viability determination and hereby adopted by language as it appeared in the Initiation
b. Level of Trade this notice.2 A list of topics in the Notice to clarify the exclusion for
c. Cost of Production Analysis Preliminary Decision Memorandum is stainless steel plate, corrected two tariff
1. Calculation of COP included as Appendix II to this notice.
2. Test of Comparison Market Sales Prices numbers that were misidentified in the
The Preliminary Decision Petitions and in the Initiation Notice,
3. Results of the COP Test
Memorandum is a public document and and modified language pertaining to
d. Overrun Sales
e. Calculation of NV Based on Comparison- is made available to the public via existing steel plate and hot-rolled flat-
Market Prices Enforcement and Compliance’s rolled steel orders.6
10. Application of Facts Available and Use of Antidumping and Countervailing Duty
Adverse Inference Centralized Electronic Service System Methodology
a. Application of Facts Available (ACCESS). ACCESS is available to The Department is conducting this
b. Use of Adverse Inference registered users at https:// investigation in accordance with section
c. Selection and Corroboration of the AFA access.trade.gov, and is available to all 731 of the Act. Export price and, where
Rate parties in the Department’s Central
11. Currency Conversion
appropriate, constructed export price
12. Conclusion Records Unit, Room B8024 of the main are calculated in accordance with
Department of Commerce building. In section 772 of the Tariff Act of 1930, as
[FR Doc. 2016–27316 Filed 11–10–16; 8:45 am]
addition, a complete version of the amended (the Act). Normal value (NV)
BILLING CODE 3510–DS–P
Preliminary Decision Memorandum can is calculated in accordance with section
be accessed directly on the internet at 773 of the Act. For a full description of
http://enforcement.trade.gov/frn/. The
DEPARTMENT OF COMMERCE
signed Preliminary Decision 3 See Antidumping Duties; Countervailing Duties;
Memorandum and the electronic Final rule, 62 FR 27296, 27323 (May 19, 1997)
International Trade Administration (Preamble).
version of the Preliminary Decision 4 See Initiation Notice, 81 FR at 27090.
[A–423–812] Memorandum are identical in content. 5 See Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Certain Carbon and Alloy Steel Cut-To- Scope of the Investigation Countervailing Duty Operations, entitled, ‘‘Certain
Length Plate From Belgium: The product covered by this Carbon and Alloy Steel Cut-to-Length Plate From
Preliminary Determination of Sales at investigation is CTL plate from Belgium.
Austria, Belgium, Brazil, the People’s Republic of
Less Than Fair Value and China, France, the Federal Republic of Germany,
For a full description of the scope of this Italy, Japan, the Republic of Korea, the Republic of
Postponement of Final Determination investigation, see the ‘‘Scope of the South Africa, Taiwan, and Turkey: Scope
Comments Decision Memorandum for the
AGENCY: Enforcement and Compliance, Preliminary Determinations,’’ dated September 6,
International Trade Administration, 1 See Certain Carbon and Alloy Steel Cut-To-
2016 (Preliminary Scope Decision Memorandum),
Department of Commerce. Length Plate From Austria, Belgium, Brazil, France, and Memorandum to Christian Marsh, Deputy
SUMMARY: The Department of Commerce the Federal Republic of Germany, Italy, Japan, the Assistant Secretary for Antidumping and
Republic of Korea, the People’s Republic of China, Countervailing Duty Operations, entitled, ‘‘Certain
(the Department) preliminarily South Africa, Taiwan, and the Republic of Turkey: Carbon and Alloy Steel Cut-to-Length Plate From
determines that certain carbon and alloy Initiation of Less-Than-Fair Value Investigations, 81 Austria, Belgium, Brazil, the People’s Republic of
steel cut-to-length plate (CTL plate) FR 27089 (May 5, 2016) (Initiation Notice). China, France, the Federal Republic of Germany,
from Belgium is being, or is likely to be, 2 See Memorandum from Christian Marsh, Deputy Italy, Japan, the Republic of Korea, the Republic of
mstockstill on DSK3G9T082PROD with NOTICES
Assistant Secretary for Antidumping and South Africa, Taiwan, and Turkey: Additional
sold in the United States at less than fair Countervailing Duty Operations, to Paul Piquado, Scope Comments Preliminary Decision
value (LTFV). The period of Assistant Secretary for Enforcement and Memorandum and Extension of Deadlines for Scope
investigation (POI) is April 1, 2015, Compliance, entitled ‘‘Decision Memorandum for Case Briefs and Scope Rebuttal Briefs,’’ dated
through March 31, 2016. The estimated the Preliminary Determination in the Antidumping October 13, 2016 (Additional Preliminary Scope
Duty Investigation of Certain Carbon and Alloy Decision Memorandum), respectively.
weighted-average dumping margins of Steel Cut-To-Length Plate From Belgium,’’ 6 See Preliminary Scope Decision Memorandum
sales at LTFV are shown in the (Preliminary Decision Memorandum), dated at 2 and 56, and Additional Preliminary Scope
‘‘Preliminary Determination’’ section of concurrently with this notice. Decision Memorandum at 10–11 and 20.
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![79434 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
• MIL–S–24645A HSLA–80; • Hydrogen not greater than 2 ppm, and (e) Conforming to magnetic particle
• MIL–S–24645A HSLA–100, • Nitrogen not greater than 60 ppm; inspection in accordance with AMS 2301.
• T9074–BD–GIB–010/0300 Grade HY80, (b) Having cleanliness in accordance with The products subject to the investigation
• T9074–BD–GIB–010/0300 Grade HY100, ASTM E45 method A (Thin and Heavy): A are currently classified in the Harmonized
• T9074–BD–GIB–010/0300 Grade not exceeding 1.5, B not exceeding 1.5, C not Tariff Schedule of the United States (HTSUS)
HSLA80, exceeding 1.0, D not exceeding 1.5;
under item numbers: 7208.40.3030,
• T9074–BD–GIB–010/0300 Grade (c) Having the following mechanical
HSLA100, and properties: 7208.40.3060, 7208.51.0030, 7208.51.0045,
• T9074–BD–GIB–010/0300 Mod. Grade (i) With a Brinell hardness not more than 7208.51.0060, 7208.52.0000, 7211.13.0000,
HSLA115, 237 HBW measured in all parts of the 7211.14.0030, 7211.14.0045, 7225.40.1110,
except that any cut-to-length plate certified to product including mid thickness; and having 7225.40.1180, 7225.40.3005, 7225.40.3050,
one of the above specifications, or to a a Yield Strength of 75ksi min and UTS 95ksi 7226.20.0000, and 7226.91.5000.
military grade armor specification that or more, Elongation of 18% or more and The products subject to the investigation
references and incorporates one of the above Reduction of area 35% or more; having may also enter under the following HTSUS
specifications, will not be excluded from the charpy V at ¥75 degrees F in the
item numbers: 7208.40.6060, 7208.53.0000,
scope if it is also dual- or multiple-certified longitudinal direction equal or greater than
15 ft. lbs (single value) and equal or greater 7208.90.0000, 7210.70.3000, 7210.90.9000,
to any other non-armor specification that 7211.19.1500, 7211.19.2000, 7211.19.4500,
otherwise would fall within the scope of this than 20 ft. lbs (average of 3 specimens) and
conforming to the requirements of NACE 7211.19.6000, 7211.19.7590, 7211.90.0000,
order;
MR01–75; or 7212.40.1000, 7212.40.5000, 7212.50.0000,
(3) stainless steel plate, containing 10.5
(ii) With a Brinell hardness not less than 7214.10.0000, 7214.30.0010, 7214.30.0080,
percent or more of chromium by weight and
240 HBW measured in all parts of the 7214.91.0015, 7214.91.0060, 7214.91.0090,
not more than 1.2 percent of carbon by
product including mid thickness; and having 7225.11.0000, 7225.19.0000, 7225.40.5110,
weight;
a Yield Strength of 90 ksi min and UTS 110 7225.40.5130, 7225.40.5160, 7225.40.7000,
(4) CTL plate meeting the requirements of
ksi or more, Elongation of 15% or more and
ASTM A–829, Grade E 4340 that are over 305 7225.99.0010, 7225.99.0090, 7226.11.1000,
Reduction of area 30% or more; having
mm in actual thickness; 7226.11.9060, 7226.19.1000, 7226.19.9000,
charpy V at ¥40 degrees F in the
(5) Alloy forged and rolled CTL plate 7226.91.0500, 7226.91.1530, 7226.91.1560,
longitudinal direction equal or greater than
greater than or equal to 152.4 mm in actual 7226.91.2530, 7226.91.2560, 7226.91.7000,
21 ft. lbs (single value) and equal or greater
thickness meeting each of the following than 31 ft. lbs (average of 3 specimens); 7226.91.8000, and 7226.99.0180.
requirements: (d) Conforming to ASTM A578–S9 The HTSUS subheadings above are
(a) Electric furnace melted, ladle refined & ultrasonic testing requirements with
vacuum degassed and having a chemical provided for convenience and customs
acceptance criteria 3.2 mm flat bottom hole; purposes only. The written description of the
composition (expressed in weight and
percentages): scope of the investigation is dispositive.
(e) Conforming to magnetic particle
• Carbon 0.23–0.28, inspection in accordance with AMS 2301;
• Silicon 0.05–0.20, Appendix II—List of Topics Discussed
(7) Alloy forged and rolled steel CTL plate in the Preliminary Decision
• Manganese 1.20–1.60, over 407 mm in actual thickness and meeting
• Nickel not greater than 1.0, the following requirements:
Memorandum
• Sulfur not greater than 0.007, (a) Made from Electric Arc Furnace melted,
• Phosphorus not greater than 0.020, I. Summary
ladle refined & vacuum degassed, alloy steel II. Background
• Chromium 1.0–2.5, with the following chemical composition
• Molybdenum 0.35–0.80, (expressed in weight percentages):
III. Period of Investigation
• Boron 0.002–0.004, • Carbon 0.25–0.30,
IV. Scope Comments
• Oxygen not greater than 20 ppm, • Silicon not greater than 0.25, V. Affiliation and Collapsing
• Hydrogen not greater than 2 ppm, and • Manganese not greater than 0.50, VI. Preliminary Determination of Critical
• Nitrogen not greater than 60 ppm; • Nickel 3.0–3.5, Circumstances
(b) With a Brinell hardness measured in all • Sulfur not greater than 0.010, VII. Discussion of the Methodology
parts of the product including mid thickness • Phosphorus not greater than 0.020, (A) Determination of Comparison Method
falling within one of the following ranges: • Chromium 1.0–1.5, (B) Results of the Differential Pricing
(i) 270–300 HBW, • Molybdenum 0.6–0.9, Analysis
(ii) 290–320 HBW, or • Vanadium 0.08 to 0.12
(iii) 320–350HBW; VIII. Date of Sale
• Boron 0.002–0.004, IX. Product Comparisons
(c) Having cleanliness in accordance with • Oxygen not greater than 20 ppm,
ASTM E45 method A (Thin and Heavy): A X. Export Price/Constructed Export Price
• Hydrogen not greater than 2 ppm, and
not exceeding 1.5, B not exceeding 1.0, C not • Nitrogen not greater than 60 ppm. XI. Normal Value
exceeding 0.5, D not exceeding 1.5; and (b) Having cleanliness in accordance with (A) Home Market Viability
(d) Conforming to ASTM A578–S9 ASTM E45 method A (Thin and Heavy): A (B) Level of Trade
ultrasonic testing requirements with not exceeding 1.0(t) and 0.5(h), B not (C) Cost of Production (COP) Analysis
acceptance criteria 2 mm flat bottom hole; exceeding 1.5(t) and 1.0(h), C not exceeding 1. Calculation of COP
(6) Alloy forged and rolled steel CTL plate 1.0(t) and 0.5(h), and D not exceeding 1.5(t) 2. Test of Comparison Market Sales Prices
over 407 mm in actual thickness and meeting and 1.0(h); 3. Results of the COP Test
the following requirements: (c) Having the following mechanical (D) Calculation of NV Based on
(a) Made from Electric Arc Furnace melted, properties: A Brinell hardness not less than
Ladle refined & vacuum degassed, alloy steel Comparison-Market Prices
350 HBW measured in all parts of the
with the following chemical composition (E) Price-to-Constructed Value Comparison
product including mid thickness; and having
(expressed in weight percentages): a Yield Strength of 145ksi or more and UTS XII. Currency Conversion
• Carbon 0.23–0.28, 160ksi or more, Elongation of 15% or more XIII. Conclusion
• Silicon 0.05–0.15, and Reduction of area 35% or more; having
mstockstill on DSK3G9T082PROD with NOTICES
[FR Doc. 2016–27303 Filed 11–10–16; 8:45 am]
• Manganese 1.20–1.50, charpy V at ¥40 degrees F in the transverse BILLING CODE 3510–DS–P
• Nickel not greater than 0.4, direction equal or greater than 20 ft. lbs
• Sulfur not greater than 0.010, (single value) and equal or greater than 25 ft.
• Phosphorus not greater than 0.020, lbs (average of 3 specimens);
• Chromium 1.20–1.50, (d) Conforming to ASTM A578–S9
• Molybdenum 0.35–0.55, ultrasonic testing requirements with
• Boron 0.002–0.004, acceptance criteria 3.2 mm flat bottom hole;
• Oxygen not greater than 20 ppm, and
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Document Created: 2018-10-24 10:46:26
Document Modified: 2018-10-24 10:46:26
| 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 | Andrew Medley or David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4987 or (202) 482-3693, respectively. | |
| FR Citation | 81 FR 79431 |
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