81 FR 79441 - Certain Carbon and Alloy Steel Cut-To-Length Plate From the Republic of Korea: Affirmative 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 | 79441-79444 | |
| FR Document | 2016-27311 |
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)] [Notices] [Pages 79441-79444] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27311] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-887] Certain Carbon and Alloy Steel Cut-To-Length Plate From the Republic of Korea: Affirmative 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 the Republic of Korea (Korea) 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: Michael J. Heaney or Erin Kearney, 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) 482-4475 or (202) 482-0167, respectively. SUPPLEMENTARY INFORMATION: Background The Department initiated this investigation on April 28, 2016.\1\ We selected POSCO and POSCO Daewoo International Corp. as mandatory respondents in this investigation. 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 the Republic of Korea'' (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 Decisiom 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 the Republic of Korea. 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 Tariff Act of 1930, as amended (the Act). Export price and, where appropriate, constructed export price are calculated in accordance with section 772 of the the Act. Normal value (NV) is calculated in accordance with [[Page 79442]] section 773 of the Act. For a full description of 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 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 we individually investigated only one exporter or producer, we based our calculation of the all-others rate on the weighted-average dumping margin calculated for POSCO. Preliminary Determination The Department preliminarily determines that CTL Palte from the Republic of Korea 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 weighted-average dumping margins exist: ------------------------------------------------------------------------ Weighted-average Exporter/ manufacturer dumping margin (percent) ------------------------------------------------------------------------ POSCO and POSCO Daewoo Corporation................... 6.82 All Others........................................... 6.82 ------------------------------------------------------------------------ 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 the Republic of Korea, 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. Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we will instruct CBP to require cash deposits \7\ equal to the weighted- average amount by which the NV exceeds U.S. price, as indicated in the chart above, adjusted where appropriate for export subsidies.\8\ However, the preliminary determination in the concurrent countervailing duty investigation was negative.\9\ Therefore, no adjustments for export subsidies will be applied to the weighted average dumping margin preliminarily calculated for POSCO, and for the all-other rates. The Department will instruct CBP to require cash deposits equal to the weighted average amount by which NV exceeds U.S. price, as indicated in the chart above, as follows: (1) The rate for the mandatory respondent listed above will be the respondent-specific rate 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. --------------------------------------------------------------------------- \7\ 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). \8\ See Section 772(c)(1)(C) of the Act. Unlike in administrative reviews, the Department calculates the adjustment for export subsidies in investigations not in the margin calculation program, but the cash deposit instructions issued to CBP. See Notice of Final Determination of Sales at Lesss Than Fair Value, and Negative Determination of Sales at Less Than Fair Value, and Negative Determination of Critical Circumstances: Certain Lined Paper Products from India, 71 FR 45012 (August 8, 2006), and accompanying Issues and Decision Memorandum at Comment 1. \9\ See Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Negative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination. 81 FR 63168 (September 14, 2016). --------------------------------------------------------------------------- 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.\10\ 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. --------------------------------------------------------------------------- \10\ 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.\11\ 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.\12\ The Department explained that parties should limit comments on scope issues to their scope case brief and their scope rebuttal brief. \13\ 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. --------------------------------------------------------------------------- \11\ 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 ``Extension of Deadline for Submitting Scope Rebuttal Briefs,'' dated October 28, 2016 (``Extension Memo for Scope Rebuttal Briefs''). \12\ See Deadline Memo for Scope Briefs and Extension Memo for Scope Rebuttal Briefs. \13\ 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. All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice. 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. [[Page 79443]] 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. Section 351.210(e)(2) of the Department's regulations 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. Respondent POSCO has requested that, in the event of an affirmative preliminary determination in this investigation, the Department postpone its final determination, i.e., to 135 days after publication of the preliminary determination. Further, POSCO 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.\14\ --------------------------------------------------------------------------- \14\ See Letter from POSCO to Secretary of Commerce Re: Carbon and Alloy Steel Cut to Length Plate from Korea: Request to Postpone the Final Determination dated October 31, 2016 (POSCO Final Postponement Request). --------------------------------------------------------------------------- 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.\15\ --------------------------------------------------------------------------- \15\ 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., Certain Hot Rolled Steel Flat Products From Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Amended Final Affirmative Antidumping Determination for Australia, the Republic of Korea, and the the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 (October 3, 2016), 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 [[Page 79444]] composition (expressed in weight percentages): Carbon 0.23-0.28, Silicon 0.05-0.20, Manganese 1.20-1.60, Nickel not greater than 1.0, Sulfur not greater than 0.007, Phosphorus not greater than 0.020, Chromium 1.0-2.5, Molybdenum 0.35-0.80, Boron 0.002-0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm; (b) With a Brinell hardness measured in all parts of the product including mid thickness falling within one of the following ranges: (i) 270-300 HBW, (ii) 290-320 HBW, or (iii) 320-350HBW; (c) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not exceeding 0.5, D not exceeding 1.5; and (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 2 mm flat bottom hole; (6) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: (a) Made from Electric Arc Furnace melted, Ladle refined & vacuum degassed, alloy steel with the following chemical composition (expressed in weight percentages): Carbon 0.23-0.28, Silicon 0.05-0.15, Manganese 1.20-1.50, Nickel not greater than 0.4, Sulfur not greater than 0.010, Phosphorus not greater than 0.020, Chromium 1.20-1.50, Molybdenum 0.35-0.55, Boron 0.002-0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm; (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not exceeding 1.0, D not exceeding 1.5; (c) Having the following mechanical properties: (i) With a Brinell hardness not more than 237 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or more and Reduction of area 35% or more; having charpy V at -75 degrees F in the longitudinal direction equal or greater than 15 ft. lbs (single value) and equal or greater than 20 ft. lbs (average of 3 specimens) and conforming to the requirements of NACE MR01-75; or (ii) With a Brinell hardness not less than 240 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or more and Reduction of area 30% or more; having charpy V at -40 degrees F in the longitudinal direction equal or greater than 21 ft. lbs (single value) and equal or greater than 31 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301; (7) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: (a) Made from Electric Arc Furnace melted, ladle refined & vacuum degassed, alloy steel with the following chemical composition (expressed in weight percentages): Carbon 0.25-0.30, Silicon not greater than 0.25, Manganese not greater than 0.50, Nickel 3.0-3.5, Sulfur not greater than 0.010, Phosphorus not greater than 0.020, Chromium 1.0-1.5, Molybdenum 0.6-0.9, Vanadium 0.08 to 0.12 Boron 0.002-0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm. (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not exceeding 1.5(t) and 1.0(h); (c) Having the following mechanical properties: A Brinell hardness not less than 350 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 145ksi or more and UTS 160ksi or more, Elongation of 15% or more and Reduction of area 35% or more; having charpy V at -40 degrees F in the transverse direction equal or greater than 20 ft. lbs (single value) and equal or greater than 25 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. At the time of the filing of the petition, there was an existing antidumping duty order on certain cut-to-length carbon-quality steel plate products from Korea. See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cut-To-Length Carbon-Quality Steel Plate Products from Korea, 64 FR 73,196 (Dep't Commerce Dec. 29, 1999), as amended, 65 FR 6,585 (Dep't Commerce Feb 10, 2000) (1999 Korea AD Order). The scope of the antidumping duty investigation with regard to cut-to-length plate from Korea covers only (1) subject cut-to-length plate not within the physical description of cut-to-length carbon quality steel plate in the 1999 Korea AD Order, regardless of producer or exporter; and (2) cut-to- length plate produced and/or exported by those companies that were excluded or revoked from the 1999 Korea AD Order as of April 8, 2016. The only revoked or excluded company is Pohang Iron and Steel Company, also known as POSCO. 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. Level of Trade c. Cost of Production 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 13. Currency Conversion 14. Conclusion [FR Doc. 2016-27311 Filed 11-10-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 79441
7225.40.5130, 7225.40.5160, 7225.40.7000, comment on this preliminary of the scope of this investigation, see the
7225.99.0010, 7225.99.0090, 7226.11.1000, determination. ‘‘Scope of the Investigation,’’ in
7226.11.9060, 7226.19.1000, 7226.19.9000, Appendix I of this notice.
7226.91.0500, 7226.91.1530, 7226.91.1560, DATES: Effective November 14, 2016.
7226.91.2530, 7226.91.2560, 7226.91.7000, FOR FURTHER INFORMATION CONTACT: Scope Comments
7226.91.8000, and 7226.99.0180. Michael J. Heaney or Erin Kearney, AD/
The HTSUS subheadings above are
In accordance with the Preamble to
CVD Operations, Office VI, Enforcement
provided for convenience and customs the Department’s regulations,3 the
and Compliance, International Trade
purposes only. The written description of the Initiation Notice set aside a period of
Administration, U.S. Department of
scope of the investigation is dispositive. time for parties to raise issues regarding
Commerce, 1401 Constitution Avenue
product coverage, i.e., scope.4 Certain
Appendix II—List of Topics Discussed NW., Washington, DC 20230; telephone:
interested parties commented on the
in the Preliminary Decision (202) 482–4475 or (202) 482–0167,
scope of the concurrent CTL plate
Memorandum respectively.
investigations as it appeared in the
I. Summary SUPPLEMENTARY INFORMATION: Initiation Notice. For a summary of the
II. Background product coverage comments and
III. Period of Investigation
Background
rebuttal responses submitted to the
IV. Scope Comments The Department initiated this records of this and the concurrent CTL
V. Discussion of the Methodology investigation on April 28, 2016.1 We plate investigations, and a discussion
a. Determination of Comparison Method selected POSCO and POSCO Daewoo
b. Results of the Differential Pricing
and analysis of all comments timely
International Corp. as mandatory received, see the Department’s
Analysis respondents in this investigation. For a
VI. Date of Sale Preliminary Scope Decision
VII. Product Comparisons
complete description of the events that Memorandum and the Department’s
VIII. Export Price/Constructed Export Price followed the initiation of this Additional Preliminary Scope Decision
IX. Normal Value investigation, see the memorandum that Memorandum.5 The Department has
a. Home Market Viability is dated concurrently with this preliminarily modified the scope
b. Affiliated Party Transactions and Arm’s determination and hereby adopted by language as it appeared in the Initiation
Length Test this notice.2 A list of topics in the Notice to clarify the exclusion for
c. Level of Trade Preliminary Decision Memorandum is
d. Cost of Production Analysis
stainless steel plate, corrected two tariff
included as Appendix II to this notice. numbers that were misidentified in the
1. Calculation of COP The Preliminary Decision
2. Test of Comparison Market Sales Prices Petitions and in the Initiation Notice,
Memorandum is a public document and and modified language pertaining to
3. Results of the COP Test
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
f. Price-to-Constructed Value Comparison Antidumping and Countervailing Duty
X. Currency Conversion Centralized Electronic Service System Methodology
XI. Conclusion (ACCESS). ACCESS is available to The Department is conducting this
[FR Doc. 2016–27314 Filed 11–10–16; 8:45 am] registered users at https:// investigation in accordance with section
BILLING CODE 3510–DS–P access.trade.gov, and is available to all 731 of the Tariff Act of 1930, as
parties in the Department’s Central amended (the Act). Export price and,
Records Unit, room B8024 of the main where appropriate, constructed export
DEPARTMENT OF COMMERCE Department of Commerce building. In price are calculated in accordance with
addition, a complete version of the section 772 of the the Act. Normal value
International Trade Administration Preliminary Decision Memorandum can (NV) is calculated in accordance with
[A–580–887] be accessed directly on the Internet at
http://enforcement.trade.gov/frn/. The 3 See Antidumping Duties; Countervailing Duties;
Certain Carbon and Alloy Steel Cut-To- signed Preliminary Decisiom Final rule, 62 FR 27296, 27323 (May 19, 1997)
Memorandum and the electronic (Preamble).
Length Plate From the Republic of 4 See Initiation Notice, 81 FR at 27090.
Korea: Affirmative Preliminary version of the Preliminary Decision 5 See Memorandum to Christian Marsh, Deputy
Determination of Sales at Less Than Memorandum are identical in content. Assistant Secretary for Antidumping and
Fair Value and Postponement of Final Scope of the Investigation Countervailing Duty Operations, ‘‘Certain Carbon
Determination and Alloy Steel Cut-to-Length Plate From Austria,
The product covered by this Belgium, Brazil, the People’s Republic of China,
AGENCY: Enforcement and Compliance, investigation is CTL plate from the France, the Federal Republic of Germany, Italy,
International Trade Administration, Japan, the Republic of Korea, the Republic of South
Republic of Korea. For a full description Africa, Taiwan, and Turkey: Scope Comments
Department of Commerce. Decision Memorandum for the Preliminary
SUMMARY: The Department of Commerce 1 See Certain Carbon and Alloy Steel Cut-To- Determinations,’’ dated September 6, 2016
(the Department) preliminarily Length Plate From Austria, Belgium, Brazil, France, (Preliminary Scope Decision Memorandum), and
determines that certain carbon and alloy the Federal Republic of Germany, Italy, Japan, the Memorandum to Christian Marsh, Deputy Assistant
Republic of Korea, the People’s Republic of China, Secretary for Antidumping and Countervailing Duty
steel cut-to-length plate (CTL plate) South Africa, Taiwan, and the Republic of Turkey: Operations, Certain Carbon and Alloy Steel Cut-to-
from the Republic of Korea (Korea) is Initiation of Less-Than-Fair Value Investigations, 81 Length Plate From Austria, Belgium, Brazil, the
being, or is likely to be, sold in the FR 27089 (May 5, 2016) (Initiation Notice). People’s Republic of China, France, the Federal
United States at less than fair value 2 See Memorandum from Christian Marsh, Deputy Republic of Germany, Italy, Japan, the Republic of
mstockstill on DSK3G9T082PROD with NOTICES
Assistant Secretary for Antidumping and Korea, the Republic of South Africa, Taiwan, and
(LTFV). The period of investigation Countervailing Duty Operations, to Paul Piquado, Turkey: Additional Scope Comments Preliminary
(POI) is April 1, 2015, through March Assistant Secretary for Enforcement and Decision Memorandum and Extension of Deadlines
31, 2016. The estimated weighted- Compliance, entitled ‘‘Decision Memorandum for for Scope Case Briefs and Scope Rebuttal Briefs,’’
average dumping margins of sales at the Preliminary Determination in the Antidumping dated October 13, 2016 (Additional Preliminary
Duty Investigation of Certain Carbon and Alloy Scope Decision Memorandum), respectively.
LTFV are shown in the ‘‘Preliminary Steel Cut-To-Length Plate From the Republic of 6 See Preliminary Scope Decision Memorandum
Determination’’ section of this notice. Korea’’ (Preliminary Decision Memorandum), dated at 2 and 56, and Additional Preliminary Scope
Interested parties are invited to concurrently with this notice. Decision Memorandum at 10–11 and 20.
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![79444 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
composition (expressed in weight acceptance criteria 3.2 mm flat bottom hole; 7225.40.1180, 7225.40.3005, 7225.40.3050,
percentages): and 7226.20.0000, and 7226.91.5000.
• Carbon 0.23–0.28, (e) Conforming to magnetic particle The products subject to the investigation
• Silicon 0.05–0.20, inspection in accordance with AMS 2301; may also enter under the following HTSUS
• Manganese 1.20–1.60, (7) Alloy forged and rolled steel CTL plate item numbers: 7208.40.6060, 7208.53.0000,
• Nickel not greater than 1.0, over 407 mm in actual thickness and meeting 7208.90.0000, 7210.70.3000, 7210.90.9000,
• Sulfur not greater than 0.007, the following requirements: 7211.19.1500, 7211.19.2000, 7211.19.4500,
• Phosphorus not greater than 0.020, (a) Made from Electric Arc Furnace melted, 7211.19.6000, 7211.19.7590, 7211.90.0000,
• Chromium 1.0–2.5, ladle refined & vacuum degassed, alloy steel 7212.40.1000, 7212.40.5000, 7212.50.0000,
• Molybdenum 0.35–0.80, with the following chemical composition 7214.10.0000, 7214.30.0010, 7214.30.0080,
• Boron 0.002–0.004, (expressed in weight percentages): 7214.91.0015, 7214.91.0060, 7214.91.0090,
• Oxygen not greater than 20 ppm, • Carbon 0.25–0.30, 7225.11.0000, 7225.19.0000, 7225.40.5110,
• Hydrogen not greater than 2 ppm, and • Silicon not greater than 0.25, 7225.40.5130, 7225.40.5160, 7225.40.7000,
• Nitrogen not greater than 60 ppm; • Manganese not greater than 0.50, 7225.99.0010, 7225.99.0090, 7226.11.1000,
(b) With a Brinell hardness measured in all • Nickel 3.0–3.5, 7226.11.9060, 7226.19.1000, 7226.19.9000,
parts of the product including mid thickness • Sulfur not greater than 0.010, 7226.91.0500, 7226.91.1530, 7226.91.1560,
falling within one of the following ranges: • Phosphorus not greater than 0.020, 7226.91.2530, 7226.91.2560, 7226.91.7000,
(i) 270–300 HBW, • Chromium 1.0–1.5, 7226.91.8000, and 7226.99.0180.
(ii) 290–320 HBW, or • Molybdenum 0.6–0.9, The HTSUS subheadings above are
(iii) 320–350HBW; • Vanadium 0.08 to 0.12 provided for convenience and customs
(c) Having cleanliness in accordance with • Boron 0.002–0.004, purposes only. The written description of the
ASTM E45 method A (Thin and Heavy): A • Oxygen not greater than 20 ppm, scope of the investigation is dispositive
not exceeding 1.5, B not exceeding 1.0, C not • Hydrogen not greater than 2 ppm, and
exceeding 0.5, D not exceeding 1.5; and • Nitrogen not greater than 60 ppm. Appendix II—List of Topics
(d) Conforming to ASTM A578–S9 (b) Having cleanliness in accordance with
Discussed in the Preliminary Decision
ultrasonic testing requirements with ASTM E45 method A (Thin and Heavy): A
Memorandum
acceptance criteria 2 mm flat bottom hole; not exceeding 1.0(t) and 0.5(h), B not
(6) Alloy forged and rolled steel CTL plate exceeding 1.5(t) and 1.0(h), C not exceeding 1. Summary
over 407 mm in actual thickness and meeting 1.0(t) and 0.5(h), and D not exceeding 1.5(t) 2. Background
the following requirements: and 1.0(h); 3. Period of Investigation
(a) Made from Electric Arc Furnace melted, (c) Having the following mechanical 4. Preliminary Determination of Critical
Ladle refined & vacuum degassed, alloy steel properties: A Brinell hardness not less than Circumstances
with the following chemical composition 350 HBW measured in all parts of the 5. Postponement of Final Determination and
(expressed in weight percentages): product including mid thickness; and having Extension of Provisional Measures
• Carbon 0.23–0.28, a Yield Strength of 145ksi or more and UTS 6. Scope Comments
• Silicon 0.05–0.15, 160ksi or more, Elongation of 15% or more 7. Affiliation and Collapsing
• Manganese 1.20–1.50, and Reduction of area 35% or more; having 8. Discussion of the Methodology
• Nickel not greater than 0.4, charpy V at ¥40 degrees F in the transverse a. Determination of Comparison Method
• Sulfur not greater than 0.010, direction equal or greater than 20 ft. lbs b. Results of the Differential Pricing
• Phosphorus not greater than 0.020, (single value) and equal or greater than 25 ft. Analysis
• Chromium 1.20–1.50, lbs (average of 3 specimens); 9. Date of Sale
• Molybdenum 0.35–0.55, (d) Conforming to ASTM A578–S9 10. Product Comparisons
• Boron 0.002–0.004, ultrasonic testing requirements with 11. Export Price/Constructed Export Price
• Oxygen not greater than 20 ppm, acceptance criteria 3.2 mm flat bottom hole; 12. Normal Value
• Hydrogen not greater than 2 ppm, and and a. Home Market Viability
• Nitrogen not greater than 60 ppm; (e) Conforming to magnetic particle b. Level of Trade
(b) Having cleanliness in accordance with inspection in accordance with AMS 2301. c. Cost of Production Analysis
ASTM E45 method A (Thin and Heavy): A At the time of the filing of the petition, 1. Calculation of COP
not exceeding 1.5, B not exceeding 1.5, C not there was an existing antidumping duty order 2. Test of Comparison Market Sales Prices
exceeding 1.0, D not exceeding 1.5; on certain cut-to-length carbon-quality steel 3. Results of the COP Test
(c) Having the following mechanical plate products from Korea. See Notice of d. Calculation of NV Based on Comparison-
properties: Final Determination of Sales at Less Than Market Prices
(i) With a Brinell hardness not more than Fair Value: Certain Cut-To-Length Carbon- 13. Currency Conversion
237 HBW measured in all parts of the Quality Steel Plate Products from Korea, 64 14. Conclusion
product including mid thickness; and having FR 73,196 (Dep’t Commerce Dec. 29, 1999), [FR Doc. 2016–27311 Filed 11–10–16; 8:45 am]
a Yield Strength of 75ksi min and UTS 95ksi as amended, 65 FR 6,585 (Dep’t Commerce BILLING CODE 3510–DS–P
or more, Elongation of 18% or more and Feb 10, 2000) (1999 Korea AD Order). The
Reduction of area 35% or more; having scope of the antidumping duty investigation
charpy V at ¥75 degrees F in the with regard to cut-to-length plate from Korea
DEPARTMENT OF COMMERCE
longitudinal direction equal or greater than covers only (1) subject cut-to-length plate not
15 ft. lbs (single value) and equal or greater within the physical description of cut-to-
International Trade Administration
than 20 ft. lbs (average of 3 specimens) and length carbon quality steel plate in the 1999
conforming to the requirements of NACE Korea AD Order, regardless of producer or [A–570–967, C–570–968]
MR01–75; or exporter; and (2) cut-to-length plate produced
(ii) With a Brinell hardness not less than and/or exported by those companies that Aluminum Extrusions From the
240 HBW measured in all parts of the were excluded or revoked from the 1999
People’s Republic of China:
product including mid thickness; and having Korea AD Order as of April 8, 2016. The only
a Yield Strength of 90 ksi min and UTS 110 revoked or excluded company is Pohang Iron Affirmative Preliminary Determination
mstockstill on DSK3G9T082PROD with NOTICES
ksi or more, Elongation of 15% or more and and Steel Company, also known as POSCO. of Circumvention of the Antidumping
Reduction of area 30% or more; having The products subject to the investigation and Countervailing Duty Orders and
charpy V at ¥40 degrees F in the are currently classified in the Harmonized Intent To Rescind Minor Alterations
longitudinal direction equal or greater than Tariff Schedule of the United States (HTSUS) Anti-Circumvention Inquiry
21 ft. lbs (single value) and equal or greater under item numbers: 7208.40.3030,
than 31 ft. lbs (average of 3 specimens); 7208.40.3060, 7208.51.0030, 7208.51.0045, AGENCY: Enforcement and Compliance,
(d) Conforming to ASTM A578–S9 7208.51.0060, 7208.52.0000, 7211.13.0000, International Trade Administration,
ultrasonic testing requirements with 7211.14.0030, 7211.14.0045, 7225.40.1110, Department of Commerce.
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Document Created: 2018-10-24 10:48:03
Document Modified: 2018-10-24 10:48:03
| 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 | Michael J. Heaney or Erin Kearney, 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) 482-4475 or (202) 482-0167, respectively. | |
| FR Citation | 81 FR 79441 |
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