81_FR_79665 81 FR 79446 - Certain Carbon and Alloy Steel Cut-to-Length Plate From the Federal Republic of Germany: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination

81 FR 79446 - Certain Carbon and Alloy Steel Cut-to-Length Plate From the Federal Republic of Germany: 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)

Page Range79446-79450
FR Document2016-27313

The Department of Commerce (the Department) preliminarily determines that certain carbon and alloy steel cut-to-length plate (CTL plate) from the Federal Republic of Germany (Germany) 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.

Federal Register, Volume 81 Issue 219 (Monday, November 14, 2016) 
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79446-79450]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27313]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-844]


Certain Carbon and Alloy Steel Cut-to-Length Plate From the 
Federal Republic of Germany: 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 Federal Republic of Germany (Germany) 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: Ross Belliveau or David J. Goldberger, 
AD/CVD Operations, Office II, Enforcement and Compliance, International 
Trade

[[Page 79447]]

Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-4952 or (202) 482-4136, 
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 Germany'' (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 
Germany. 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. There are two mandatory respondents 
participating in this investigation, AG der Dillinger H[uuml]ttenwerke 
(Dillinger) and Ilsenburger Grobblech GmbH, Salzgitter Mannesmann 
Grobblech GmbH, Salzgitter Flachstahl GmbH, and Salzgitter Mannesmann 
International GmbH (collectively, Salzgitter).\7\ 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 the methodology underlying our 
preliminary conclusions, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See Memorandum to Melissa G. Skinner, Director, AD/CVD 
Operations Office II, entitled, ``Whether to Collapse Salzgitter 
Mannesmann International GmbH and its Affiliated Producers in the 
Antidumping Duty Investigation of Certain Carbon and Alloy Steel 
Cut-to-Length Plate (CTL Plate) from the Federal Republic of Germany 
(Germany),'' dated October 27, 2016.
---------------------------------------------------------------------------

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. Because we calculated a de minimis weighted average dumping margin 
for Salzgitter, we have based the all-others rate on the estimated 
weighted-average dumping margin calculated for Dillinger, the other 
mandatory respondent in this investigation.

Preliminary Determination

    The Department preliminarily determines that CTL plate from Germany 
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)
------------------------------------------------------------------------
AG der Dillinger H[uuml]ttenwerke....................               6.56
Ilsenburger Grobblech GmbH, Salzgitter Mannesmann                   0.00
 Grobblech GmbH, Salzgitter Flachstahl GmbH, and
 Salzgitter Mannesmann International GmbH............
All[dash]Others......................................               6.56
------------------------------------------------------------------------

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 Germany, with the exception of 
those produced and/or exported by Salzgitter, 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

[[Page 79448]]

Register. Because the estimated preliminary weighted-average dumping 
margin for Salzgitter is zero, we are not directing CBP to suspend 
liquidation of entries of the merchandise it produced and/or exported.
    Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we 
will instruct CBP to require cash deposits \8\ equal to the weighted-
average amount by which the NV exceeds U.S. price, as indicated in the 
chart above, as follows: (1) The rate for the mandatory respondents 
listed above will be the respondent-specific rates we determined in 
this preliminary determination; (2) if the exporter is not a mandatory 
respondent identified above, but the producer is, the rate will be the 
specific rate established for the producer of the subject merchandise; 
and (3) the rate for all other producers or exporters will be the all-
others rate. These suspension of liquidation instructions will remain 
in effect until further notice.
---------------------------------------------------------------------------

    \8\ 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 the public 
announcement 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.\9\ 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.
---------------------------------------------------------------------------

    \9\ 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.\10\ 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.\11\ The 
Department explained that parties should limit comments on scope issues 
to their scope case brief and their scope rebuttal brief.\12\ 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.
---------------------------------------------------------------------------

    \10\ 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).
    \11\ See Deadline Memo for Scope Briefs and Extension Memo for 
Scope Rebuttal Briefs.
    \12\ 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 Dillinger and Salzgitter have requested that, in the 
event of an affirmative preliminary determination in this 
investigation, the Department postpone its final determination by 60 
days (i.e., to 135 days after publication of the preliminary 
determination).\13\ Further, Salzgitter 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.
---------------------------------------------------------------------------

    \13\ See letter from Dillinger entitled, ``Certain Carbon and 
Alloy Steel Cut-To-Length Plate from the Federal Republic of 
Germany: Request for Extension of Final Determination,'' dated 
October 17, 2016; and letter from Salzgitter entitled, ``Antidumping 
Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length 
Plate from the Federal Republic of Germany (``Germany''): Request to 
Postpone Final Determination,'' dated October 20, 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) Salzgitter accounts 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.\14\
---------------------------------------------------------------------------

    \14\ 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).


[[Page 79449]]


    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,
     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 0.23-0.28,
     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

[[Page 79450]]

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. Discussion of the Methodology
    a. Determination of Comparison Method
    b. Results of the Differential Pricing Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price/Constructed Export Price
IX. Normal Value
    a. Home Market Viability
    b. Affiliated-Party Transactions and Arm's-Length Test
    c. Level of Trade
    d. Cost of Production Analysis
    1. Calculation of COP
    2. Test of Comparison Market Sales Prices
    3. Results of the COP Test
    e. Calculation of NV Based on Comparison-Market Prices
    f. Price-to-Constructed Value Comparison
X. Currency Conversion
XI. Conclusion

[FR Doc. 2016-27313 Filed 11-10-16; 8:45 am]
 BILLING CODE 3510-DS-P

79446 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices we preliminarily find that all imports Public Comment Dated: November 3, 2016. from the PRC of heat-treated extruded Paul Piquado, aluminum products that meet the The Department may solicit new Assistant Secretary for Enforcement and chemical specifications for 5050-grade factual information in this inquiry. Compliance. aluminum alloy, regardless of producer, Additionally, should a party seek to submit new factual information, the Appendix—List of Topics Discussed in exporter, or importer, constitute later- Department intends to consider requests the Preliminary Decision Memorandum developed merchandise that is circumventing, and should be included to accept new factual information on a I. Summary within, the scope of the Orders.5 In case-by-case basis. II. Background addition, if in our final determination The Department will invite comments III. Scope of the Orders we affirm our preliminary on this preliminary determination and IV. Merchandise Subject to the Anti- issue a memorandum establishing a Circumvention Inquiry determination pursuant to section V. Later-Developed Merchandise Anti- 781(d) of the Act, the Department briefing schedule. Interested parties may Circumvention Inquiry intends to rescind its minor alterations submit case briefs and rebuttal briefs VI. Use of Facts Available with an Adverse anti-circumvention inquiry pursuant to within the designated timeframe Inference section 781(c) of the Act. outlined in the memorandum. Rebuttals VII. Analysis to case briefs are limited to issues raised A. Commercial Availability Suspension of Liquidation in the case briefs. Parties who submit B. Same General Physical Characteristics In accordance with 19 CFR case or rebuttal briefs are requested to C. Expectations of the Ultimate Purchasers submit with the argument: (a) A and Use of Merchandise 351.225(l)(2), the Department will direct D. Advertisement, Display, and Channels U.S. Customs and Border Protection statement of the issue, (b) a brief summary of the argument, and (c) a of Trade (CBP) to suspend liquidation of inquiry E. Additional Analysis merchandise from the PRC (regardless of table of authorities. Parties submitting VIII. Preliminary Determination producer, exporter, or importer), briefs should do so using the IX. Intent to Rescind Minor Alterations Anti- entered, or withdrawn from warehouse, Department’s electronic filing system, Circumvention Inquiry for consumption, on or after March 21, ACCESS. X. Intent To Consider Certification 2016, the date of publication of the Interested parties who wish to request Requirement initiation of this inquiry. The a hearing must submit a written request XI. Recommendation Department will also instruct CBP to to the Assistant Secretary for [FR Doc. 2016–27346 Filed 11–10–16; 8:45 am] require a cash deposit of estimated Enforcement and Compliance, U.S. BILLING CODE 3510–DS–P duties at the rate applicable to the Department of Commerce, filed exporter, on all unliquidated entries of electronically using ACCESS. A written inquiry merchandise entered, or request for a hearing must be received DEPARTMENT OF COMMERCE withdrawn from warehouse, for successfully in its entirety by the Department’s electronic records system, International Trade Administration consumption on or after March 21, 2016. ACCESS, by 5:00 p.m. Eastern Time, [A–428–844] within 30 days after the date of Intent To Consider Certification publication of this notice.6 Hearing Certain Carbon and Alloy Steel Cut-to- Requirement requests should contain the party’s Length Plate From the Federal In light of the Department’s name, address, and telephone number, Republic of Germany: Preliminary preliminary finding of circumvention, the number of participants, and a list of Determination of Sales at Less Than the Department intends to consider the issues parties intend to present at Fair Value and Postponement of Final whether to require importers of certain the hearing. If a request for a hearing is Determination aluminum extrusions who claim their made, the Department intends to hold the hearing at the U.S. Department of AGENCY: Enforcement and Compliance, merchandise is not subject to the Orders International Trade Administration, to maintain a certification certifying that Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at Department of Commerce. their aluminum extrusions were not SUMMARY: The Department of Commerce produced from heat-treated 5050 grade a time and location to be determined. (the Department) preliminarily aluminum alloy. The Department Final Determination determines that certain carbon and alloy intends to invite comments on this steel cut-to-length plate (CTL plate) issue. Pursuant to section 781(f) of the Act, the final determination with respect to from the Federal Republic of Germany Notification to the International Trade this anti-circumvention inquiry, (Germany) is being, or is likely to be, Commission including the results of the sold in the United States at less than fair Department’s analysis of any written value (LTFV). The period of As discussed in the Preliminary investigation (POI) is April 1, 2015, Decision Memorandum, because the comments, will be issued no later than January 9, 2017, unless extended.7 through March 31, 2016. The estimated Department has preliminarily weighted-average dumping margins of determined, for purposes of sections This preliminary affirmative anti- sales at LTFV are shown in the 781(d)(1) and (e) of the Act, that the circumvention determination is ‘‘Preliminary Determination’’ section of inquiry merchandise does not published in accordance with section this notice. Interested parties are invited 781(d) of the Act and 19 CFR 351.225. mstockstill on DSK3G9T082PROD with NOTICES incorporate a significant technological to comment on this preliminary advance or significant alteration of an determination. earlier product, the Department is not 6 See 19 CFR 351.310(c). notifying the ITC of its preliminary 7 This date reflect the next business day after the DATES: Effective November 14, 2016. determination. 300 day deadline of January 8, 2017. See Notice of FOR FURTHER INFORMATION CONTACT: Ross Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Belliveau or David J. Goldberger, AD/ 5 See section 781(d) of the Act and 19 CFR Pursuant to the Tariff Act of 1930, As Amended, 70 CVD Operations, Office II, Enforcement 351.225(i). FR 24533 (May 10, 2005). and Compliance, International Trade VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1

Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 79447 Administration, U.S. Department of time for parties to raise issues regarding constructed export price, are calculated Commerce, 1401 Constitution Avenue product coverage, i.e., scope.4 Certain in accordance with section 772 of the NW., Washington, DC 20230; telephone: interested parties commented on the Tariff Act of 1930, as amended (the Act). (202) 482–4952 or (202) 482–4136, scope of the concurrent CTL plate Normal value (NV) is calculated in respectively. investigations as it appeared in the accordance with section 773 of the Act. SUPPLEMENTARY INFORMATION: Initiation Notice. For a summary of the For a full description of the product coverage comments and methodology underlying our Background rebuttal responses submitted to the preliminary conclusions, see the The Department initiated this records of this and the concurrent CTL Preliminary Decision Memorandum. investigation on April 28, 2016.1 For a plate investigations, and a discussion and analysis of all comments timely All-Others Rate complete description of the events that followed the initiation of this received, see the Department’s Consistent with sections investigation, see the memorandum that Preliminary Scope Decision 733(d)(1)(A)(ii) and 735(c)(5) of the Act, is dated concurrently with this Memorandum and the Department’s the Department also calculated an determination and hereby adopted by Additional Preliminary Scope Decision estimated all-others rate. Section this notice.2 A list of topics in the Memorandum.5 The Department has 735(c)(5)(A) of the Act provides that the Preliminary Decision Memorandum is preliminarily modified the scope estimated all-others rate shall be an included as Appendix II to this notice. language as it appeared in the Initiation amount equal to the weighted average of The Preliminary Decision Notice to clarify the exclusion for the estimated weighted-average Memorandum is a public document and stainless steel plate, corrected two tariff dumping margins established for is made available to the public via numbers that were misidentified in the exporters and producers individually Enforcement and Compliance’s Petitions and in the Initiation Notice, investigated, excluding any zero, and de Antidumping and Countervailing Duty and modified language pertaining to minimis margins, and any margins Centralized Electronic Service System existing steel plate and hot-rolled flat- determined entirely under section 776 (ACCESS). ACCESS is available to rolled steel orders.6 of the Act. Because we calculated a de registered users at https:// Methodology minimis weighted average dumping access.trade.gov, and is available to all margin for Salzgitter, we have based the The Department is conducting this all-others rate on the estimated parties in the Department’s Central investigation in accordance with section Records Unit, Room B8024 of the main weighted-average dumping margin 731 of the Act. There are two mandatory calculated for Dillinger, the other Department of Commerce building. In respondents participating in this addition, a complete version of the mandatory respondent in this investigation, AG der Dillinger investigation. Preliminary Decision Memorandum can Hüttenwerke (Dillinger) and Ilsenburger be accessed directly on the internet at Grobblech GmbH, Salzgitter Preliminary Determination http://enforcement.trade.gov/frn/. The Mannesmann Grobblech GmbH, The Department preliminarily signed Preliminary Decision Salzgitter Flachstahl GmbH, and determines that CTL plate from Memorandum and the electronic Salzgitter Mannesmann International Germany is being, or is likely to be, sold version of the Preliminary Decision GmbH (collectively, Salzgitter).7 Export in the United States at LTFV, pursuant Memorandum are identical in content. price and, where appropriate, to section 733 of the Act, and that the Scope of the Investigation following estimated weighted-average 4 See Initiation Notice, 81 FR at 27090. The product covered by this dumping margins exist: 5 See Memorandum to Christian Marsh, Deputy investigation is CTL plate from Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled, ‘‘Certain Weighted-average Germany. For a full description of the Exporter/manufacturer dumping margin Carbon and Alloy Steel Cut-to-Length Plate From scope of this investigation, see the Austria, Belgium, Brazil, the People’s Republic of (percent) ‘‘Scope of the Investigation,’’ in China, France, the Federal Republic of Germany, Appendix I of this notice. Italy, Japan, the Republic of Korea, the Republic of AG der Dillinger South Africa, Taiwan, and Turkey: Scope Hüttenwerke ................ 6.56 Scope Comments Comments Decision Memorandum for the Ilsenburger Grobblech Preliminary Determinations,’’ dated September 6, GmbH, Salzgitter In accordance with the Preamble to 2016 (Preliminary Scope Decision Memorandum), Mannesmann the Department’s regulations,3 the and Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Grobblech GmbH, Initiation Notice set aside a period of Salzgitter Flachstahl Countervailing Duty Operations, entitled, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate From GmbH, and Salzgitter 1 See Certain Carbon and Alloy Steel Cut-to- Austria, Belgium, Brazil, the People’s Republic of Mannesmann Inter- Length Plate From Austria, Belgium, Brazil, France, China, France, the Federal Republic of Germany, national GmbH ............ 0.00 the Federal Republic of Germany, Italy, Japan, the Italy, Japan, the Republic of Korea, the Republic of All-Others ........................ 6.56 Republic of Korea, the People’s Republic of China, South Africa, Taiwan, and Turkey: Additional South Africa, Taiwan, and the Republic of Turkey: Scope Comments Preliminary Decision Initiation of Less-Than-Fair Value Investigations, 81 Memorandum and Extension of Deadlines for Scope Suspension of Liquidation FR 27089 (May 5, 2016) (Initiation Notice). Case Briefs and Scope Rebuttal Briefs,’’ dated 2 See Memorandum from Christian Marsh, Deputy October 13, 2016 (Additional Preliminary Scope In accordance with section 733(d)(2) Assistant Secretary for Antidumping and Decision Memorandum), respectively. of the Act, we will direct U.S. Customs Countervailing Duty Operations, to Paul Piquado, 6 See Preliminary Scope Decision Memorandum and Border Protection (CBP) to suspend Assistant Secretary for Enforcement and at 2 and 56, and Additional Preliminary Scope liquidation of all entries of subject mstockstill on DSK3G9T082PROD with NOTICES Compliance, entitled ‘‘Decision Memorandum for Decision Memorandum at 10–11 and 20. the Preliminary Determination in the Antidumping 7 See Memorandum to Melissa G. Skinner, merchandise from Germany, with the Duty Investigation of Certain Carbon and Alloy Director, AD/CVD Operations Office II, entitled, exception of those produced and/or Steel Cut-To-Length Plate From Germany’’ ‘‘Whether to Collapse Salzgitter Mannesmann exported by Salzgitter, as described in (Preliminary Decision Memorandum), dated International GmbH and its Affiliated Producers in Appendix I of this notice, which are concurrently with this notice. the Antidumping Duty Investigation of Certain 3 See Antidumping Duties; Countervailing Duties; entered, or withdrawn from warehouse, Carbon and Alloy Steel Cut-to-Length Plate (CTL Final rule, 62 FR 27296, 27323 (May 19, 1997) Plate) from the Federal Republic of Germany for consumption on or after the date of (Preamble). (Germany),’’ dated October 27, 2016. publication of this notice in the Federal VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1

79448 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices Register. Because the estimated provide comments on scope issues.10 determination, a request for such preliminary weighted-average dumping Specifically, case briefs on scope issues postponement is made by the petitioner. margin for Salzgitter is zero, we are not were to be submitted no later than 19 CFR 351.210(e)(2) requires that directing CBP to suspend liquidation of October 21, 2016. Scope rebuttal briefs, requests by respondents for entries of the merchandise it produced limited to issues raised in the scope case postponement of a final determination and/or exported. briefs, were to be submitted no later be accompanied by a request for Pursuant to section 733(d) of the Act than November 1, 2016.11 The extension of provisional measures from and 19 CFR 351.205(d), we will instruct Department explained that parties a four-month period to a period not CBP to require cash deposits 8 equal to should limit comments on scope issues more than six months in duration. the weighted-average amount by which to their scope case brief and their scope Respondents Dillinger and Salzgitter the NV exceeds U.S. price, as indicated rebuttal brief.12 Thus, comments on have requested that, in the event of an in the chart above, as follows: (1) The scope issues belong in parties’ scope affirmative preliminary determination rate for the mandatory respondents case briefs and scope rebuttal briefs only in this investigation, the Department listed above will be the respondent- and not in other case briefs and rebuttal postpone its final determination by 60 specific rates we determined in this briefs submitted in this investigation. days (i.e., to 135 days after publication preliminary determination; (2) if the The Department intends to address of the preliminary determination).13 exporter is not a mandatory respondent parties’ scope comments in a final scope Further, Salzgitter agreed to extend the identified above, but the producer is, memorandum. application of the provisional measures the rate will be the specific rate Pursuant to 19 CFR 351.310(c), prescribed under section 733(d) of the established for the producer of the interested parties who wish to request a Act and 19 CFR 351.210(e)(2), from a subject merchandise; and (3) the rate for hearing must submit a written request to four-month period to a period not to all other producers or exporters will be the Assistant Secretary for Enforcement exceed six months. the all-others rate. These suspension of and Compliance, U.S. Department of In accordance with section liquidation instructions will remain in Commerce within 30 days after the date 735(a)(2)(A) of the Act and 19 CFR effect until further notice. of publication of this notice. Requests 351.210(b)(2)(ii), because (1) our should contain the party’s name, preliminary determination is Disclosure address, and telephone number, the affirmative; (2) Salzgitter accounts for a We intend to disclose the calculations number of participants, and a list of the significant proportion of exports of the performed to interested parties in this issues to be discussed. If a request for subject merchandise; and (3) no proceeding within five days of the date a hearing is made, the Department compelling reasons for denial exist, we of the public announcement of this intends to hold the hearing at the U.S. are postponing the final determination notice in accordance with 19 CFR Department of Commerce, 1401 until no later than 135 days after the 351.224(b). Constitution Avenue NW., Washington, publication of this notice in the Federal DC 20230, at a time and date to be Register and extending the provisional Verification determined. Parties should confirm by measures from a four-month period to a As provided in section 782(i) of the telephone the date, time, and location of period not greater than six months. Act, we intend to verify information the hearing two days before the Accordingly, we will issue our final relied upon in making our final scheduled date. determination no later than 135 days determination. All documents must be filed after the date of publication of this electronically using ACCESS. An preliminary determination, pursuant to Public Comment electronically-filed request must be section 735(a)(2) of the Act.14 Interested parties are invited to received successfully in its entirety by International Trade Commission (ITC) comment on this preliminary ACCESS by 5:00 p.m. Eastern Standard Notification determination. Case briefs or other Time. written comments may be submitted to In accordance with section 733(f) of Postponement of Final Determination the Act, we are notifying the ITC of our the Assistant Secretary for Enforcement and Extension of Provisional Measures affirmative preliminary determination of and Compliance no later than seven days after the date on which the final Section 735(a)(2) of the Act provides sales at LTFV. If our final determination verification report is issued in this that a final determination may be is affirmative, the ITC will determine proceeding, and rebuttal briefs, limited postponed until not later than 135 days before the later of 120 days after the date to issues raised in case briefs, may be after the date of the publication of the of this preliminary determination or 45 submitted no later than five days after preliminary determination if, in the days after our final determination the deadline date for case briefs.9 event of an affirmative preliminary whether these imports are materially Pursuant to 19 CFR 351.309(c)(2) and determination, a request for such injuring, or threaten material injury to, (d)(2), parties who submit case briefs or postponement is made by exporters who the U.S. industry. rebuttal briefs in this proceeding are account for a significant proportion of This determination is issued and encouraged to submit with each exports of the subject merchandise, or in published in accordance with sections argument: (1) A statement of the issue; the event of a negative preliminary 733(f) and 777(i)(1) of the Act and 19 (2) a brief summary of the argument; CFR 351.205(c). 10 See Preliminary Scope Decision Memorandum; and (3) a table of authorities. Additional Preliminary Scope Decision 13 See letter from Dillinger entitled, ‘‘Certain The Department established separate Memorandum; Memorandum to the File ‘‘Deadlines Carbon and Alloy Steel Cut-To-Length Plate from mstockstill on DSK3G9T082PROD with NOTICES deadlines for interested parties to for Submitting Scope Case Briefs and Scope the Federal Republic of Germany: Request for Rebuttal Briefs,’’ dated October 18, 2016 (Deadline Extension of Final Determination,’’ dated October 8 See Modification of Regulations Regarding the Memo for Scope Briefs); and Memorandum to the 17, 2016; and letter from Salzgitter entitled, Practice of Accepting Bonds During the Provisional File ‘‘Extension of Deadline for Submitting Scope ‘‘Antidumping Duty Investigation of Certain Carbon Measures Period in Antidumping and Rebuttal Briefs,’’ dated October 28, 2016 (Extension and Alloy Steel Cut-to-Length Plate from the Countervailing Duty Investigations, 76 FR 61042 Memo for Scope Rebuttal Briefs). Federal Republic of Germany (‘‘Germany’’): Request (October 3, 2011). 11 See Deadline Memo for Scope Briefs and to Postpone Final Determination,’’ dated October 9 See 19 CFR 351.309; see also 19 CFR 351.303 Extension Memo for Scope Rebuttal Briefs. 20, 2016. (for general filing requirements). 12 See e.g., Deadline Memo for Scope Briefs. 14 See 19 CFR 351.210(b)(2) and (e). VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1

Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 79449 Dated: November 4, 2016. or specifically excluded from, the scope of (d) Conforming to ASTM A578–S9 Paul Piquado, this investigation: ultrasonic testing requirements with (1) Products clad, plated, or coated with acceptance criteria 2 mm flat bottom hole; Assistant Secretary for Enforcement and metal, whether or not painted, varnished or (6) Alloy forged and rolled steel CTL plate Compliance. coated with plastic or other non-metallic over 407 mm in actual thickness and meeting Appendix I—Scope of the Investigation substances; the following requirements: (2) military grade armor plate certified to (a) Made from Electric Arc Furnace melted, The products covered by this investigation one of the following specifications or to a Ladle refined & vacuum degassed, alloy steel are certain carbon and alloy steel hot-rolled specification that references and incorporates with the following chemical composition or forged flat plate products not in coils, one of the following specifications: (expressed in weight percentages): whether or not painted, varnished, or coated • MIL–A–12560, • Carbon 0.23–0.28, with plastics or other non-metallic • MIL–DTL–12560H, • Silicon 0.05–0.15, substances (cut-to-length plate). Subject • MIL–DTL–12560J, • Manganese 1.20–1.50, merchandise includes plate that is produced • MIL–DTL–12560K, • Nickel not greater than 0.4, by being cut-to-length from coils or from • MIL–DTL–32332, • Sulfur not greater than 0.010, other discrete length plate and plate that is • MIL–A–46100D, • Phosphorus not greater than 0.020, rolled or forged into a discrete length. The • MIL–DTL–46100–E, • Chromium 1.20–1.50, products covered include (1) Universal mill • MIL–46177C, • Molybdenum 0.35–0.55, plates (i.e., flat-rolled products rolled on four • MIL–S–16216K Grade HY80, • Boron 0.002–0.004, faces or in a closed box pass, of a width • MIL–S–16216K Grade HY100, • Oxygen not greater than 20 ppm, exceeding 150 mm but not exceeding 1250 • MIL–S–24645A HSLA–80; • Hydrogen not greater than 2 ppm, and mm, and of a thickness of not less than 4 • MIL–S–24645A HSLA–100, • Nitrogen not greater than 60 ppm; mm, which are not in coils and without • T9074–BD–GIB–010/0300 Grade HY80, (b) Having cleanliness in accordance with patterns in relief), and (2) hot-rolled or forged • T9074–BD–GIB–010/0300 Grade HY100, ASTM E45 method A (Thin and Heavy): A flat steel products of a thickness of 4.75 mm • T9074–BD–GIB–010/0300 Grade not exceeding 1.5, B not exceeding 1.5, C not or more and of a width which exceeds 150 HSLA80, exceeding 1.0, D not exceeding 1.5; mm and measures at least twice the • T9074–BD–GIB–010/0300 Grade (c) Having the following mechanical thickness, and which are not in coils, HSLA100, and properties: whether or not with patterns in relief. The • T9074–BD–GIB–010/0300 Mod. Grade (i) With a Brinell hardness not more than covered products described above may be HSLA115, 237 HBW measured in all parts of the rectangular, square, circular or other shapes product including mid thickness; and having and include products of either rectangular or except that any cut-to-length plate certified to a Yield Strength of 75ksi min and UTS 95ksi non-rectangular cross-section where such one of the above specifications, or to a or more, Elongation of 18% or more and non-rectangular cross-section is achieved military grade armor specification that Reduction of area 35% or more; having subsequent to the rolling process, i.e., references and incorporates one of the above charpy V at ¥75 degrees F in the products which have been ‘‘worked after specifications, will not be excluded from the longitudinal direction equal or greater than rolling’’ (e.g., products which have been scope if it is also dual- or multiple-certified 15 ft. lbs (single value) and equal or greater beveled or rounded at the edges). to any other non-armor specification that than 20 ft. lbs (average of 3 specimens) and For purposes of the width and thickness otherwise would fall within the scope of this conforming to the requirements of NACE requirements referenced above, the following order; MR01–75; or rules apply: (3) stainless steel plate, containing 10.5 (ii) With a Brinell hardness not less than (1) Except where otherwise stated where percent or more of chromium by weight and 240 HBW measured in all parts of the the nominal and actual thickness or width not more than 1.2 percent of carbon by product including mid thickness; and having measurements vary, a product from a given weight; a Yield Strength of 90 ksi min and UTS 110 subject country is within the scope if (4) CTL plate meeting the requirements of ksi or more, Elongation of 15% or more and application of either the nominal or actual ASTM A–829, Grade E 4340 that are over 305 Reduction of area 30% or more; having measurement would place it within the scope mm in actual thickness; charpy V at ¥40 degrees F in the based on the definitions set forth above; and (5) Alloy forged and rolled CTL plate longitudinal direction equal or greater than (2) where the width and thickness vary for greater than or equal to 152.4 mm in actual 21 ft. lbs (single value) and equal or greater a specific product (e.g., the thickness of thickness meeting each of the following than 31 ft. lbs (average of 3 specimens); certain products with non-rectangular cross- requirements: (d) Conforming to ASTM A578–S9 section, the width of certain products with (a) Electric furnace melted, ladle refined & ultrasonic testing requirements with non-rectangular shape, etc.), the vacuum degassed and having a chemical acceptance criteria 3.2 mm flat bottom hole; measurement at its greatest width or composition (expressed in weight and thickness applies. percentages): (e) Conforming to magnetic particle Steel products included in the scope of this • Carbon 0.23–0.28, inspection in accordance with AMS 2301; investigation are products in which: (1) Iron • Silicon 0.05–0.20, (7) Alloy forged and rolled steel CTL plate predominates, by weight, over each of the • Manganese 1.20–1.60, over 407 mm in actual thickness and meeting other contained elements; and (2) the carbon • Nickel not greater than 1.0, the following requirements: content is 2 percent or less by weight. • Sulfur not greater than 0.007, (a) Made from Electric Arc Furnace melted, Subject merchandise includes cut-to-length • Phosphorus not greater than 0.020, Ladle refined & vacuum degassed, alloy steel plate that has been further processed in the • Chromium 1.0–2.5, with the following chemical composition subject country or a third country, including • Molybdenum 0.35–0.80, (expressed in weight percentages): but not limited to pickling, oiling, levelling, • Boron 0.002–0.004, • Carbon 0.23–0.28, annealing, tempering, temper rolling, skin • Oxygen not greater than 20 ppm, • Silicon 0.05–0.15, passing, painting, varnishing, trimming, • Hydrogen not greater than 2 ppm, and • Manganese 1.20–1.50, cutting, punching, beveling, and/or slitting, • Nitrogen not greater than 60 ppm; • Nickel not greater than 0.4, or any other processing that would not (b) With a Brinell hardness measured in all • Sulfur not greater than 0.010, otherwise remove the merchandise from the parts of the product including mid thickness • Phosphorus not greater than 0.020, mstockstill on DSK3G9T082PROD with NOTICES scope of the investigation if performed in the falling within one of the following ranges: • Chromium 1.20–1.50, country of manufacture of the cut-to-length (i) 270–300 HBW, • Molybdenum 0.35–0.55, plate. (ii) 290–320 HBW, or • Boron 0.002–0.004, All products that meet the written physical (iii) 320–350HBW; • Oxygen not greater than 20 ppm, description, are within the scope of this (c) Having cleanliness in accordance with • Hydrogen not greater than 2 ppm, and investigation unless specifically excluded or ASTM E45 method A (Thin and Heavy): A • Nitrogen not greater than 60 ppm; covered by the scope of an existing order. not exceeding 1.5, B not exceeding 1.0, C not (b) Having cleanliness in accordance with The following products are outside of, and/ exceeding 0.5, D not exceeding 1.5; and ASTM E45 method A (Thin and Heavy): A VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1

79450 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices not exceeding 1.5, B not exceeding 1.5, C not Tariff Schedule of the United States (HTSUS) SUMMARY: The Department of Commerce exceeding 1.0, D not exceeding 1.5; under item numbers: 7208.40.3030, (‘‘Department’’) preliminarily (c) Having the following mechanical 7208.40.3060, 7208.51.0030, 7208.51.0045, determines that certain carbon and alloy properties: 7208.51.0060, 7208.52.0000, 7211.13.0000, (i) With a Brinell hardness not more than 7211.14.0030, 7211.14.0045, 7225.40.1110, steel cut-to-length plate (‘‘CTL plate’’) 237 HBW measured in all parts of the 7225.40.1180, 7225.40.3005, 7225.40.3050, from the People’s Republic of China product including mid thickness; and having 7226.20.0000, and 7226.91.5000. (‘‘PRC’’) is being, or is likely to be, sold a Yield Strength of 75ksi min and UTS 95ksi The products subject to the investigation in the United States at less than fair or more, Elongation of 18% or more and may also enter under the following HTSUS value (‘‘LTFV’’). The period of Reduction of area 35% or more; having item numbers: 7208.40.6060, 7208.53.0000, investigation (‘‘POI’’) is October 1, 2015, charpy V at ¥75 degrees F in the 7208.90.0000, 7210.70.3000, 7210.90.9000, through March 31, 2016. The estimated longitudinal direction equal or greater than 7211.19.1500, 7211.19.2000, 7211.19.4500, dumping margin of sales at LTFV is 15 ft. lbs (single value) and equal or greater 7211.19.6000, 7211.19.7590, 7211.90.0000, than 20 ft. lbs (average of 3 specimens) and 7212.40.1000, 7212.40.5000, 7212.50.0000, shown in the ‘‘Preliminary conforming to the requirements of NACE 7214.10.0000, 7214.30.0010, 7214.30.0080, Determination’’ section of this notice. MR01–75; or 7214.91.0015, 7214.91.0060, 7214.91.0090, Interested parties are invited to (ii) With a Brinell hardness not less than 7225.11.0000, 7225.19.0000, 7225.40.5110, comment on this preliminary 240 HBW measured in all parts of the 7225.40.5130, 7225.40.5160, 7225.40.7000, determination. product including mid thickness; and having 7225.99.0010, 7225.99.0090, 7226.11.1000, a Yield Strength of 90 ksi min and UTS 110 DATES: Effective November 14, 2016. 7226.11.9060, 7226.19.1000, 7226.19.9000, ksi or more, Elongation of 15% or more and 7226.91.0500, 7226.91.1530, 7226.91.1560, FOR FURTHER INFORMATION CONTACT: Reduction of area 30% or more; having 7226.91.2530, 7226.91.2560, 7226.91.7000, Irene Gorelik, AD/CVD Operations, charpy V at ¥40 degrees F in the 7226.91.8000, and 7226.99.0180. Office VIII, Enforcement and longitudinal direction equal or greater than The HTSUS subheadings above are Compliance, International Trade 21 ft. lbs (single value) and equal or greater provided for convenience and customs than 31 ft. lbs (average of 3 specimens); Administration, U.S. Department of purposes only. The written description of the Commerce, 14th Street and Constitution (d) Conforming to ASTM A578–S9 scope of the investigation is dispositive. ultrasonic testing requirements with Avenue NW., Washington, DC 20230; acceptance criteria 3.2 mm flat bottom hole; Appendix II—List of Topics Discussed telephone: (202) 482–6905. and in the Preliminary Decision SUPPLEMENTARY INFORMATION: (e) Conforming to magnetic particle Memorandum inspection in accordance with AMS 2301; Background (7) Alloy forged and rolled steel CTL plate I. Summary II. Background The Department initiated this over 407 mm in actual thickness and meeting the following requirements: III. Period of Investigation investigation on April 28, 2016.1 For a (a) Made from Electric Arc Furnace melted, IV. Scope Comments complete description of the events that ladle refined & vacuum degassed, alloy steel V. Discussion of the Methodology followed the initiation of this with the following chemical composition a. Determination of Comparison Method investigation, see the memorandum that (expressed in weight percentages): b. Results of the Differential Pricing is dated concurrently with this • Carbon 0.25–0.30, Analysis determination and hereby adopted by • Silicon not greater than 0.25, VI. Date of Sale this notice.2 A list of topics in the • Manganese not greater than 0.50, VII. Product Comparisons Preliminary Decision Memorandum is • Nickel 3.0–3.5, VIII. Export Price/Constructed Export Price • Sulfur not greater than 0.010, IX. Normal Value included as Appendix II to this notice. • Phosphorus not greater than 0.020, a. Home Market Viability The Preliminary Decision • Chromium 1.0–1.5, b. Affiliated-Party Transactions and Arm’s- Memorandum is a public document and • Molybdenum 0.6–0.9, Length Test is made available to the public via • Vanadium 0.08 to 0.12 c. Level of Trade Enforcement and Compliance’s • Boron 0.002–0.004, d. Cost of Production Analysis Antidumping and Countervailing Duty • Oxygen not greater than 20 ppm, 1. Calculation of COP Centralized Electronic Service System • Hydrogen not greater than 2 ppm, and 2. Test of Comparison Market Sales Prices (‘‘ACCESS’’). ACCESS is available to • Nitrogen not greater than 60 ppm. 3. Results of the COP Test registered users at https:// (b) Having cleanliness in accordance with e. Calculation of NV Based on Comparison- ASTM E45 method A (Thin and Heavy): A access.trade.gov, and is available to all Market Prices not exceeding 1.0(t) and 0.5(h), B not f. Price-to-Constructed Value Comparison parties in the Department’s Central exceeding 1.5(t) and 1.0(h), C not exceeding X. Currency Conversion Records Unit, room B8024 of the main 1.0(t) and 0.5(h), and D not exceeding 1.5(t) XI. Conclusion Department of Commerce building. In and 1.0(h); [FR Doc. 2016–27313 Filed 11–10–16; 8:45 am] addition, a complete version of the (c) Having the following mechanical Preliminary Decision Memorandum can properties: A Brinell hardness not less than BILLING CODE 3510–DS–P be accessed directly on the internet at 350 HBW measured in all parts of the product including mid thickness; and having 1 See Certain Carbon and Alloy Steel Cut-To- a Yield Strength of 145ksi or more and UTS DEPARTMENT OF COMMERCE Length Plate From Austria, Belgium, Brazil, France, 160ksi or more, Elongation of 15% or more the Federal Republic of Germany, Italy, Japan, the and Reduction of area 35% or more; having International Trade Administration Republic of Korea, the People’s Republic of China, charpy V at ¥40 degrees F in the transverse South Africa, Taiwan, and the Republic of Turkey: [A–570–047] direction equal or greater than 20 ft. lbs Initiation of Less-Than-Fair-Value Investigations, 81 (single value) and equal or greater than 25 ft. FR 27089 (May 5, 2016) (‘‘Initiation Notice’’). lbs (average of 3 specimens); Certain Carbon and Alloy Steel Cut-To- 2 See Memorandum from Christian Marsh, Deputy mstockstill on DSK3G9T082PROD with NOTICES (d) Conforming to ASTM A578–S9 Length Plate From the People’s Assistant Secretary for Antidumping and ultrasonic testing requirements with Republic of China: Preliminary Countervailing Duty Operations, to Paul Piquado, acceptance criteria 3.2 mm flat bottom hole; Affirmative Determination of Sales at Assistant Secretary for Enforcement and Compliance, re: ‘‘Decision Memorandum for the and Less Than Fair Value Preliminary Determination in the Antidumping (e) Conforming to magnetic particle Duty Investigation of Certain Carbon and Alloy inspection in accordance with AMS 2301. AGENCY: Enforcement and Compliance, Steel Cut-To-Length Plate from the People’s The products subject to the investigation International Trade Administration, Republic of China’’ (‘‘Preliminary Decision are currently classified in the Harmonized Department of Commerce. Memorandum’’). VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1


Document Created: 2018-10-24 10:46:02
Document Modified: 2018-10-24 10:46:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective November 14, 2016.
ContactRoss Belliveau or David J. Goldberger, 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) 482-4952 or (202) 482-4136, respectively.
FR Citation81 FR 79446 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR