81_FR_79669 81 FR 79450 - Certain Carbon and Alloy Steel Cut-To-Length Plate From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value

81 FR 79450 - Certain Carbon and Alloy Steel Cut-To-Length Plate From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 219 (November 14, 2016)

Page Range79450-79454
FR Document2016-27312

The Department of Commerce (``Department'') preliminarily determines that certain carbon and alloy steel cut-to-length plate (``CTL plate'') from the People's Republic of China (``PRC'') is being, or is likely to be, sold in the United States at less than fair value (``LTFV''). The period of investigation (``POI'') is October 1, 2015, through March 31, 2016. The estimated dumping margin of sales at LTFV is 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 79450-79454]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27312]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-047]


Certain Carbon and Alloy Steel Cut-To-Length Plate From the 
People's Republic of China: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily 
determines that certain carbon and alloy steel cut-to-length plate 
(``CTL plate'') from the People's Republic of China (``PRC'') is being, 
or is likely to be, sold in the United States at less than fair value 
(``LTFV''). The period of investigation (``POI'') is October 1, 2015, 
through March 31, 2016. The estimated dumping margin of sales at LTFV 
is 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: Irene Gorelik, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6905.

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.
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    \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, 
re: ``Decision Memorandum for the Preliminary Determination in the 
Antidumping Duty Investigation of Certain Carbon and Alloy Steel 
Cut-To-Length Plate from the People's Republic of China'' 
(``Preliminary Decision Memorandum'').
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    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

[[Page 79451]]

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 the 
PRC. 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\
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    \3\ See Antidumping Duties; Countervailing Duties; Final rule, 
62 FR 27296, 27323 (May 19, 1997) (``Preamble'').
    \4\ See Initiation Notice, 81 FR at 27089.
    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria, 
Belgium, Brazil, the People's Republic of China, France, the Federal 
Republic of Germany, Italy, Japan, the Republic of Korea, the 
Republic of South Africa, Taiwan, and Turkey: Scope Comments 
Decision Memorandum for the Preliminary Determinations,'' dated 
September 6, 2016 (``Preliminary Scope Decision Memorandum''), 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.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Tariff Act of 1930, as amended (``the Act''). For 
purposes of this preliminary LTFV determination, the Department 
continues to treat the PRC as a non-market economy country within the 
meaning of section 771(18) of the Act. Jiangyin Xingcheng Special Steel 
Works Co., Ltd., the sole mandatory respondent in this investigation, 
is not entitled to a separate rate, and is included within the PRC-wide 
entity. Furthermore, because the PRC-wide entity did not cooperate to 
the best of its ability with the Department's requests for information, 
the Department preliminarily determines that the application of adverse 
facts available (``AFA'') is warranted for this preliminary 
determination, in accordance with sections 776(a) and (b) of the Act 
and 19 CFR 351.308. For a full discussion of the Department's 
methodology, see Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation. Policy Bulletin 05.1 describes 
this practice.\7\ However, as described in the Preliminary Decision 
Memorandum, all parties subject to this investigation are preliminarily 
found to be part of the PRC-wide entity, to which we do not assign a 
separate combination rate.\8\
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    \7\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries'' (April 5, 2005) (``Policy Bulletin 05.1''), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
    \8\ Id. See also Calcium Hypochlorite from the People's Republic 
of China: Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 79 FR 43393, 43394 (July 
25, 2014), unchanged in Calcium Hypochlorite from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 79 FR 74065 (December 15, 2014).
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Preliminary Determination

    The Department preliminarily determines that CTL plate from the PRC 
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 
dumping margin exists:
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    \9\ As detailed in the Preliminary Decision Memorandum, Jiangyin 
Xingcheng Special Steel Works Co., Ltd. the sole mandatory 
respondent in this investigation, did not demonstrate that it was 
entitled to a separate rate. Accordingly, we consider this company 
to be part of the PRC-wide entity.

------------------------------------------------------------------------
                                                         Dumping margin
                       Exporter                            (percent)
------------------------------------------------------------------------
PRC-Wide Entity \9\..................................              68.27
------------------------------------------------------------------------

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 PRC, 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 a cash deposit 
equal to the margin indicated in the chart above.\10\ These suspension 
of liquidation instructions will remain in effect until further notice.
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    \10\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042, 
(October 3, 2011).
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    We normally adjust antidumping duty cash deposit rates by the 
amount of export subsidies, where appropriate. However, the Department 
is making no adjustments to the PRC-wide entity's antidumping cash 
deposit rate of 68.27 percent because the Department made no findings 
in the companion CVD investigation that any of the programs are export 
subsidies.\11\
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    \11\ See Preliminary Decision Memorandum. See also Circular 
Welded Carbon-Quality Steel Pipe from Pakistan: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination and Extension of Provisional 
Measures, 81 FR 36867 (June 8, 2016) and accompanying Preliminary 
Decision Memorandum at page 13, unchanged in Circular Welded Carbon-
Quality Steel Pipe from Pakistan: Final Affirmative Determination of 
Sales at Less Than Fair Value, 81 FR 75028 (October 28, 2016).
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    Further, pursuant to section 777A(f) of the Act, we normally adjust 
cash deposit rates for estimated domestic subsidy pass-through, where 
appropriate. However, in this case there is no basis to grant a 
domestic subsidy pass-through adjustment.\12\
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    \12\ See Preliminary Decision Memorandum.
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Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary determination 
within five days of the date of public announcement of a preliminary 
determination, in accordance with 19 CFR 351.224(b). However, because 
the Department established only one rate in this investigation based 
entirely on AFA

[[Page 79452]]

in accordance with section 776 of the Act, there are no calculations to 
disclose. Accordingly, the calculations performed in connection with 
this preliminary determination are not proprietary in nature, and are 
described in the Petition and in the PRC AD Initiation Checklist.\13\
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    \13\ See Petitions for the Imposition of Antidumping and 
Countervailing Duties: 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, dated 
April 8, 2016 (``Petition''), Volume IV at 24; Supplement to the 
Petition, dated April 18, 2016; see also Initiation Notice and 
accompanying Antidumping Duty Investigation Initiation Checklist: 
Certain Carbon and Alloy Steel Cut-to-Length Plate from the People's 
Republic of China (``PRC AD Initiation Checklist''), at pages 7-11; 
and Preliminary Decision Memorandum at 11-12.
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Verification

    Because the only rate established in this investigation is based 
entirely on AFA, we do not intend to conduct verification.

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 
30 days after the date of publication of this preliminary determination 
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.\14\ 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.
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    \14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    The Department established separate deadlines for interested 
parties to provide comments on scope issues.\15\ 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.\16\ The 
Department explained that parties should limit comments on scope issues 
to their scope case brief and their scope rebuttal brief.\17\ 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.
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    \15\ 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'').
    \16\ See Deadline Memo for Scope Briefs and Extension Memo for 
Scope Rebuttal Briefs.
    \17\ See, e.g., Deadline Memo for Scope Briefs.
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    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.
    Pursuant to section 735(a)(1) of the Act, we intend to make our 
final determination no later than 75 days after the date of publication 
of this preliminary determination.

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 (e.g., Notice of the 
Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat 
Products From the People's Republic of China, 66 FR 59561 (November 
29, 2001)); and
    (2) where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.
    Steel products included in the scope of this investigation are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; and (2) the carbon content is 2 
percent or less by weight.
    Subject merchandise includes cut-to-length plate that has been 
further processed in the subject country or a third country, 
including but not limited to pickling, oiling, levelling, annealing, 
tempering, temper rolling, skin passing, painting, varnishing, 
trimming, cutting, punching, beveling, and/or slitting, or any other 
processing that would not

[[Page 79453]]

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 0.25-0.30,
     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.
    Excluded from the scope of the antidumping duty investigation on 
cut-to-length plate from the People's Republic of China are any 
products covered by the existing antidumping duty order on certain 
cut-to-length carbon steel plate from the People's Republic of 
China. See Suspension Agreement on Certain Cut-to-Length Carbon 
Steel Plate From the People's Republic of China; Termination of 
Suspension Agreement and Notice of Antidumping Duty Order, 68 FR 
60,081 (Dep't Commerce Oct. 21, 2003), as amended, Affirmative Final 
Determination of Circumvention of the Antidumping Duty Order on 
Certain Cut-to-Length Carbon Steel Plate From the People's Republic 
of China, 76 FR 50,996, 50,996-97 (Dep't of Commerce Aug. 17, 2011). 
On August 17, 2011, the U.S. Department of Commerce found that the 
order covered all imports of certain cut-to-length carbon steel 
plate products with 0.0008 percent or more boron, by weight, from 
China not meeting all of the following requirements: Aluminum level 
of 0.02 percent or greater, by weight; a ratio of 3.4 to 1 or 
greater, by weight, of titanium to nitrogen; and a hardenability 
test (i.e., Jominy test) result indicating a boron factor of 1.8 or 
greater.
    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,

[[Page 79454]]

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. Selection of Respondents
VI. Discussion of The Methodology
    a. Non-Market Economy Country
    b. Separate Rates
    c. The PRC-Wide Entity
    d. Application of Facts Available and Adverse Inferences
    e. Selection and Corroboration of the AFA Rate
VII. Adjustment Under Section 777a(F) of The Act
VIII. Adjustments to Cash Deposit Rates for Export Subsidies
IX. Conclusion

[FR Doc. 2016-27312 Filed 11-10-16; 8:45 am]
 BILLING CODE 3510-DS-P

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

Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 79451 http://enforcement.trade.gov/frn/. The Methodology Dumping signed Preliminary Decision The Department is conducting this Exporter margin Memorandum and the electronic (percent) investigation in accordance with section version of the Preliminary Decision 731 of the Tariff Act of 1930, as PRC-Wide Entity 9 .......... 68.27 Memorandum are identical in content. amended (‘‘the Act’’). For purposes of Scope of the Investigation this preliminary LTFV determination, Suspension of Liquidation the Department continues to treat the The product covered by this PRC as a non-market economy country In accordance with section 733(d)(2) investigation is CTL plate from the PRC. within the meaning of section 771(18) of of the Act, we will direct U.S. Customs For a full description of the scope of this the Act. Jiangyin Xingcheng Special and Border Protection (‘‘CBP’’) to investigation, see the ‘‘Scope of the Steel Works Co., Ltd., the sole suspend liquidation of all entries of Investigation’’ in Appendix I of this mandatory respondent in this subject merchandise from the PRC, as notice. investigation, is not entitled to a described in Appendix I of this notice, separate rate, and is included within the which are entered, or withdrawn from Scope Comments warehouse, for consumption on or after PRC-wide entity. Furthermore, because In accordance with the Preamble to the PRC-wide entity did not cooperate the date of publication of this notice in the Department’s regulations,3 the to the best of its ability with the the Federal Register. Pursuant to Initiation Notice set aside a period of Department’s requests for information, section 733(d) of the Act and 19 CFR time for parties to raise issues regarding the Department preliminarily 351.205(d), we will instruct CBP to product coverage, i.e., scope.4 Certain determines that the application of require a cash deposit equal to the interested parties commented on the adverse facts available (‘‘AFA’’) is margin indicated in the chart above.10 scope of the concurrent CTL plate warranted for this preliminary These suspension of liquidation investigations as it appeared in the determination, in accordance with instructions will remain in effect until Initiation Notice. For a summary of the sections 776(a) and (b) of the Act and 19 further notice. product coverage comments and CFR 351.308. For a full discussion of the We normally adjust antidumping duty rebuttal responses submitted to the Department’s methodology, see cash deposit rates by the amount of records of this and the concurrent CTL Preliminary Decision Memorandum. export subsidies, where appropriate. plate investigations, and a discussion However, the Department is making no and analysis of all comments timely Combination Rates adjustments to the PRC-wide entity’s received, see the Department’s In the Initiation Notice, the antidumping cash deposit rate of 68.27 Preliminary Scope Decision Department stated that it would percent because the Department made Memorandum and the Department’s calculate combination rates for the no findings in the companion CVD Additional Preliminary Scope Decision respondents that are eligible for a investigation that any of the programs Memorandum.5 The Department has separate rate in this investigation. Policy are export subsidies.11 preliminarily modified the scope Bulletin 05.1 describes this practice.7 Further, pursuant to section 777A(f) language as it appeared in the Initiation However, as described in the of the Act, we normally adjust cash Notice to clarify the exclusion for Preliminary Decision Memorandum, all deposit rates for estimated domestic stainless steel plate, corrected two tariff parties subject to this investigation are subsidy pass-through, where numbers that were misidentified in the preliminarily found to be part of the appropriate. However, in this case there Petitions and in the Initiation Notice, PRC-wide entity, to which we do not is no basis to grant a domestic subsidy and modified language pertaining to assign a separate combination rate.8 pass-through adjustment.12 existing steel plate and hot-rolled flat- Preliminary Determination Disclosure rolled steel orders.6 The Department preliminarily Normally, the Department discloses to 3 See Antidumping Duties; Countervailing Duties; determines that CTL plate from the PRC interested parties the calculations Final rule, 62 FR 27296, 27323 (May 19, 1997) is being, or is likely to be, sold in the performed in connection with a (‘‘Preamble’’). United States at LTFV, pursuant to preliminary determination within five 4 See Initiation Notice, 81 FR at 27089. section 733 of the Act, and that the days of the date of public 5 See Memorandum to Christian Marsh, Deputy following estimated dumping margin announcement of a preliminary Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Certain Carbon exists: determination, in accordance with 19 and Alloy Steel Cut-to-Length Plate From Austria, CFR 351.224(b). However, because the Belgium, Brazil, the People’s Republic of China, 7 See Enforcement and Compliance’s Policy Department established only one rate in France, the Federal Republic of Germany, Italy, Bulletin No. 05.1, regarding, ‘‘Separate-Rates this investigation based entirely on AFA Japan, the Republic of Korea, the Republic of South Practice and Application of Combination Rates in Africa, Taiwan, and Turkey: Scope Comments Antidumping Investigations involving Non-Market 10 See Modification of Regulations Regarding the Decision Memorandum for the Preliminary Economy Countries’’ (April 5, 2005) (‘‘Policy Determinations,’’ dated September 6, 2016 Bulletin 05.1’’), available on the Department’s Web Practice of Accepting Bonds During the Provisional (‘‘Preliminary Scope Decision Memorandum’’), and site at http://enforcement.trade.gov/policy/bull05– Measures Period in Antidumping and Memorandum to Christian Marsh, Deputy Assistant 1.pdf. Countervailing Duty Investigations, 76 FR 61042, Secretary for Antidumping and Countervailing Duty 8 Id. See also Calcium Hypochlorite from the (October 3, 2011). Operations, Certain Carbon and Alloy Steel Cut-to- 11 See Preliminary Decision Memorandum. See People’s Republic of China: Preliminary Length Plate From Austria, Belgium, Brazil, the Determination of Sales at Less Than Fair Value and also Circular Welded Carbon-Quality Steel Pipe People’s Republic of China, France, the Federal Postponement of Final Determination, 79 FR 43393, from Pakistan: Affirmative Preliminary Republic of Germany, Italy, Japan, the Republic of 43394 (July 25, 2014), unchanged in Calcium Determination of Sales at Less Than Fair Value and mstockstill on DSK3G9T082PROD with NOTICES Korea, the Republic of South Africa, Taiwan, and Hypochlorite from the People’s Republic of China: Postponement of Final Determination and Turkey: Additional Scope Comments Preliminary Final Determination of Sales at Less Than Fair Extension of Provisional Measures, 81 FR 36867 Decision Memorandum and Extension of Deadlines Value, 79 FR 74065 (December 15, 2014). (June 8, 2016) and accompanying Preliminary for Scope Case Briefs and Scope Rebuttal Briefs,’’ 9 As detailed in the Preliminary Decision Decision Memorandum at page 13, unchanged in dated October 13, 2016 (‘‘Additional Preliminary Memorandum, Jiangyin Xingcheng Special Steel Circular Welded Carbon-Quality Steel Pipe from Scope Decision Memorandum’’), respectively. Works Co., Ltd. the sole mandatory respondent in Pakistan: Final Affirmative Determination of Sales 6 See Preliminary Scope Decision Memorandum this investigation, did not demonstrate that it was at Less Than Fair Value, 81 FR 75028 (October 28, at 2 and 56, and Additional Preliminary Scope entitled to a separate rate. Accordingly, we consider 2016). Decision Memorandum at 10–11 and 20. this company to be part of the PRC-wide entity. 12 See Preliminary Decision Memorandum. VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1

79452 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices in accordance with section 776 of the should limit comments on scope issues Dated: November 4, 2016. Act, there are no calculations to to their scope case brief and their scope Paul Piquado, disclose. Accordingly, the calculations rebuttal brief.17 Thus, comments on Assistant Secretary for Enforcement and performed in connection with this scope issues belong in parties’ scope Compliance. preliminary determination are not case briefs and scope rebuttal briefs only Appendix I proprietary in nature, and are described and not in other case briefs and rebuttal in the Petition and in the PRC AD briefs submitted in this investigation. Scope of the Investigation Initiation Checklist.13 The Department intends to address The products covered by this investigation parties’ scope comments in a final scope are certain carbon and alloy steel hot-rolled Verification or forged flat plate products not in coils, Because the only rate established in memorandum. whether or not painted, varnished, or coated this investigation is based entirely on Pursuant to 19 CFR 351.310(c), with plastics or other non-metallic AFA, we do not intend to conduct interested parties who wish to request a substances (cut-to-length plate). Subject verification. hearing must submit a written request to merchandise includes plate that is produced by being cut-to-length from coils or from Public Comment the Assistant Secretary for Enforcement other discrete length plate and plate that is and Compliance, U.S. Department of rolled or forged into a discrete length. The Interested parties are invited to Commerce, within 30 days after the date products covered include (1) Universal mill comment on this preliminary of publication of this notice. Requests plates (i.e., flat-rolled products rolled on four determination. Case briefs or other faces or in a closed box pass, of a width should contain the party’s name, written comments may be submitted to exceeding 150 mm but not exceeding 1250 address, and telephone number, the the Assistant Secretary for Enforcement mm, and of a thickness of not less than 4 and Compliance no later than 30 days number of participants, and a list of the mm, which are not in coils and without after the date of publication of this issues to be discussed. If a request for patterns in relief), and (2) hot-rolled or forged preliminary determination and rebuttal a hearing is made, the Department flat steel products of a thickness of 4.75 mm briefs, limited to issues raised in case intends to hold the hearing at the U.S. or more and of a width which exceeds 150 Department of Commerce, 1401 mm and measures at least twice the briefs, may be submitted no later than Constitution Avenue NW., Washington, thickness, and which are not in coils, five days after the deadline date for case whether or not with patterns in relief. The briefs.14 Pursuant to 19 CFR DC 20230, at a time and date to be covered products described above may be 351.309(c)(2) and (d)(2), parties who determined. Parties should confirm by rectangular, square, circular or other shapes submit case briefs or rebuttal briefs in telephone the date, time, and location of and include products of either rectangular or this proceeding are encouraged to the hearing two days before the non-rectangular cross-section where such submit with each argument: (1) A scheduled date. non-rectangular cross-section is achieved statement of the issue; (2) a brief subsequent to the rolling process, i.e., All documents must be filed products which have been ‘‘worked after summary of the argument; and (3) a electronically using ACCESS. An rolling’’ (e.g., products which have been table of authorities. electronically-filed request must be beveled or rounded at the edges). The Department established separate For purposes of the width and thickness received successfully in its entirety by deadlines for interested parties to requirements referenced above, the following provide comments on scope issues.15 ACCESS by 5:00 p.m. Eastern Standard Time. rules apply: Specifically, case briefs on scope issues (1) Except where otherwise stated where were to be submitted no later than Pursuant to section 735(a)(1) of the the nominal and actual thickness or width October 21, 2016. Scope rebuttal briefs, Act, we intend to make our final measurements vary, a product from a given limited to issues raised in the scope case determination no later than 75 days subject country is within the scope if briefs, were to be submitted no later after the date of publication of this application of either the nominal or actual than November 1, 2016.16 The measurement would place it within the scope preliminary determination. based on the definitions set forth above Department explained that parties unless the product is already covered by an International Trade Commission (‘‘ITC’’) Notification order existing on that specific country (e.g., 13 See Petitions for the Imposition of Notice of the Antidumping Duty Order: Antidumping and Countervailing Duties: Certain Carbon and Alloy Steel Cut-To-Length Plate from In accordance with section 733(f) of Certain Hot-Rolled Carbon Steel Flat Products From the People’s Republic of Austria, Belgium, Brazil, France, the Federal the Act, we are notifying the ITC of our Republic of Germany, Italy, Japan, the Republic of China, 66 FR 59561 (November 29, 2001)); Korea, the People’s Republic of China, South Africa, affirmative preliminary determination of and Taiwan, and the Republic of Turkey, dated April 8, sales at LTFV. If our final determination (2) where the width and thickness vary for 2016 (‘‘Petition’’), Volume IV at 24; Supplement to is affirmative, the ITC will determine a specific product (e.g., the thickness of the Petition, dated April 18, 2016; see also Initiation before the later of 120 days after the date certain products with non-rectangular cross- Notice and accompanying Antidumping Duty section, the width of certain products with Investigation Initiation Checklist: Certain Carbon of this preliminary determination or 45 and Alloy Steel Cut-to-Length Plate from the days after our final determination non-rectangular shape, etc.), the People’s Republic of China (‘‘PRC AD Initiation measurement at its greatest width or whether these imports are materially thickness applies. Checklist’’), at pages 7–11; and Preliminary Decision Memorandum at 11–12. injuring, or threaten material injury to, Steel products included in the scope of this 14 See 19 CFR 351.309; see also 19 CFR 351.303 the U.S. industry. investigation are products in which: (1) Iron (for general filing requirements). This determination is issued and predominates, by weight, over each of the 15 See Preliminary Scope Decision Memorandum; other contained elements; and (2) the carbon Additional Preliminary Scope Decision published in accordance with sections content is 2 percent or less by weight. mstockstill on DSK3G9T082PROD with NOTICES Memorandum; Memorandum to the File ‘‘Deadlines 733(f) and 777(i)(1) of the Act and 19 Subject merchandise includes cut-to-length for Submitting Scope Case Briefs and Scope CFR 351.205(c). plate that has been further processed in the Rebuttal Briefs,’’ dated October 18, 2016 (‘‘Deadline Memo for Scope Briefs’’); and Memorandum to the subject country or a third country, including File ‘‘Extension of Deadline for Submitting Scope but not limited to pickling, oiling, levelling, Rebuttal Briefs,’’ dated October 28, 2016 annealing, tempering, temper rolling, skin (‘‘Extension Memo for Scope Rebuttal Briefs’’). passing, painting, varnishing, trimming, 16 See Deadline Memo for Scope Briefs and cutting, punching, beveling, and/or slitting, Extension Memo for Scope Rebuttal Briefs. 17 See, e.g., Deadline Memo for Scope Briefs. or any other processing that would not VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1

Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 79453 otherwise remove the merchandise from the (b) With a Brinell hardness measured in all • Nickel 3.0–3.5, scope of the investigation if performed in the parts of the product including mid thickness • Sulfur not greater than 0.010, country of manufacture of the cut-to-length falling within one of the following ranges: • Phosphorus not greater than 0.020, plate. (i) 270–300 HBW, • Chromium 1.0–1.5, All products that meet the written physical (ii) 290–320 HBW, or • Molybdenum 0.6–0.9, description, are within the scope of this (iii) 320–350HBW; • Vanadium 0.08 to 0.12 investigation unless specifically excluded or (c) Having cleanliness in accordance with • Boron 0.002–0.004, covered by the scope of an existing order. ASTM E45 method A (Thin and Heavy): A • Oxygen not greater than 20 ppm, The following products are outside of, and/ not exceeding 1.5, B not exceeding 1.0, C not • Hydrogen not greater than 2 ppm, and or specifically excluded from, the scope of exceeding 0.5, D not exceeding 1.5; and • Nitrogen not greater than 60 ppm. this investigation: (d) Conforming to ASTM A578–S9 (b) Having cleanliness in accordance with (1) Products clad, plated, or coated with ultrasonic testing requirements with ASTM E45 method A (Thin and Heavy): A metal, whether or not painted, varnished or acceptance criteria 2 mm flat bottom hole; not exceeding 1.0(t) and 0.5(h), B not coated with plastic or other non-metallic (6) Alloy forged and rolled steel CTL plate exceeding 1.5(t) and 1.0(h), C not exceeding substances; over 407 mm in actual thickness and meeting 1.0(t) and 0.5(h), and D not exceeding 1.5(t) (2) military grade armor plate certified to the following requirements: and 1.0(h); one of the following specifications or to a (a) Made from Electric Arc Furnace melted, (c) Having the following mechanical specification that references and incorporates Ladle refined & vacuum degassed, alloy steel properties: A Brinell hardness not less than one of the following specifications: with the following chemical composition 350 HBW measured in all parts of the (expressed in weight percentages): product including mid thickness; and having • MIL–A–12560, • Carbon 0.23–0.28, a Yield Strength of 145ksi or more and UTS • MIL–DTL–12560H, • Silicon 0.05–0.15, 160ksi or more, Elongation of 15% or more • MIL–DTL–12560J, • Manganese 1.20–1.50, and Reduction of area 35% or more; having • MIL–DTL–12560K, • Nickel not greater than 0.4, charpy V at ¥40 degrees F in the transverse • MIL–DTL–32332, • Sulfur not greater than 0.010, direction equal or greater than 20 ft. lbs • MIL–A–46100D, • Phosphorus not greater than 0.020, (single value) and equal or greater than 25 ft. • MIL–DTL–46100–E, • Chromium 1.20–1.50, lbs (average of 3 specimens); • MIL–46177C, • Molybdenum 0.35–0.55, (d) Conforming to ASTM A578–S9 • MIL–S–16216K Grade HY80, • Boron 0.002–0.004, ultrasonic testing requirements with • MIL–S–16216K Grade HY100, • Oxygen not greater than 20 ppm, acceptance criteria 3.2 mm flat bottom hole; • MIL–S–24645A HSLA–80; • Hydrogen not greater than 2 ppm, and and • MIL–S–24645A HSLA–100, • Nitrogen not greater than 60 ppm; (e) Conforming to magnetic particle • T9074–BD–GIB–010/0300 Grade HY80, (b) Having cleanliness in accordance with inspection in accordance with AMS 2301. • T9074–BD–GIB–010/0300 Grade HY100, ASTM E45 method A (Thin and Heavy): A Excluded from the scope of the • T9074–BD–GIB–010/0300 Grade not exceeding 1.5, B not exceeding 1.5, C not antidumping duty investigation on cut-to- HSLA80, exceeding 1.0, D not exceeding 1.5; length plate from the People’s Republic of • T9074–BD–GIB–010/0300 Grade (c) Having the following mechanical China are any products covered by the HSLA100, and properties: existing antidumping duty order on certain • T9074–BD–GIB–010/0300 Mod. Grade (i) With a Brinell hardness not more than cut-to-length carbon steel plate from the HSLA115, 237 HBW measured in all parts of the People’s Republic of China. See Suspension except that any cut-to-length plate certified product including mid thickness; and having Agreement on Certain Cut-to-Length Carbon to one of the above specifications, or to a a Yield Strength of 75ksi min and UTS 95ksi Steel Plate From the People’s Republic of military grade armor specification that or more, Elongation of 18% or more and China; Termination of Suspension references and incorporates one of the above Reduction of area 35% or more; having Agreement and Notice of Antidumping Duty specifications, will not be excluded from the charpy V at ¥75 degrees F in the Order, 68 FR 60,081 (Dep’t Commerce Oct. scope if it is also dual- or multiple-certified longitudinal direction equal or greater than 21, 2003), as amended, Affirmative Final to any other non-armor specification that 15 ft. lbs (single value) and equal or greater Determination of Circumvention of the otherwise would fall within the scope of this than 20 ft. lbs (average of 3 specimens) and Antidumping Duty Order on Certain Cut-to- order; conforming to the requirements of NACE Length Carbon Steel Plate From the People’s (3) stainless steel plate, containing 10.5 MR01–75; or Republic of China, 76 FR 50,996, 50,996–97 percent or more of chromium by weight and (ii) With a Brinell hardness not less than (Dep’t of Commerce Aug. 17, 2011). On not more than 1.2 percent of carbon by 240 HBW measured in all parts of the August 17, 2011, the U.S. Department of weight; product including mid thickness; and having Commerce found that the order covered all (4) CTL plate meeting the requirements of a Yield Strength of 90 ksi min and UTS 110 imports of certain cut-to-length carbon steel ASTM A–829, Grade E 4340 that are over 305 ksi or more, Elongation of 15% or more and plate products with 0.0008 percent or more mm in actual thickness; Reduction of area 30% or more; having boron, by weight, from China not meeting all (5) Alloy forged and rolled CTL plate charpy V at ¥40 degrees F in the of the following requirements: Aluminum greater than or equal to 152.4 mm in actual longitudinal direction equal or greater than level of 0.02 percent or greater, by weight; a thickness meeting each of the following 21 ft. lbs (single value) and equal or greater ratio of 3.4 to 1 or greater, by weight, of requirements: than 31 ft. lbs (average of 3 specimens); titanium to nitrogen; and a hardenability test (a) Electric furnace melted, ladle refined & (d) Conforming to ASTM A578–S9 (i.e., Jominy test) result indicating a boron vacuum degassed and having a chemical ultrasonic testing requirements with factor of 1.8 or greater. composition (expressed in weight acceptance criteria 3.2 mm flat bottom hole; The products subject to the investigation percentages): and are currently classified in the Harmonized • Carbon 0.23–0.28, (e) Conforming to magnetic particle Tariff Schedule of the United States (HTSUS) • Silicon 0.05–0.20, inspection in accordance with AMS 2301; under item numbers: 7208.40.3030, • Manganese 1.20–1.60, (7) Alloy forged and rolled steel CTL plate 7208.40.3060, 7208.51.0030, 7208.51.0045, • Nickel not greater than 1.0, over 407 mm in actual thickness and meeting 7208.51.0060, 7208.52.0000, 7211.13.0000, mstockstill on DSK3G9T082PROD with NOTICES • Sulfur not greater than 0.007, the following requirements: 7211.14.0030, 7211.14.0045, 7225.40.1110, • Phosphorus not greater than 0.020, (a) Made from Electric Arc Furnace melted, 7225.40.1180, 7225.40.3005, 7225.40.3050, • Chromium 1.0–2.5, ladle refined & vacuum degassed, alloy steel 7226.20.0000, and 7226.91.5000. • Molybdenum 0.35–0.80, with the following chemical composition The products subject to the investigation • Boron 0.002–0.004, (expressed in weight percentages): may also enter under the following HTSUS • Oxygen not greater than 20 ppm, • Carbon 0.25–0.30, item numbers: 7208.40.6060, 7208.53.0000, • Hydrogen not greater than 2 ppm, and • Silicon not greater than 0.25, 7208.90.0000, 7210.70.3000, 7210.90.9000, • Nitrogen not greater than 60 ppm; • Manganese not greater than 0.50, 7211.19.1500, 7211.19.2000, 7211.19.4500, VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1

79454 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices 7211.19.6000, 7211.19.7590, 7211.90.0000, of China (PRC), are circumventing the the PRC.4 On September 23, 2016, 7212.40.1000, 7212.40.5000, 7212.50.0000, antidumping duty (AD) and pursuant to section 781(b) of the Act 7214.10.0000, 7214.30.0010, 7214.30.0080, countervailing duty (CVD) orders on and 19 CFR 351.225(h), ArcelorMittal 7214.91.0015, 7214.91.0060, 7214.91.0090, CORE from the PRC. USA LLC, Nucor Corporation, United 7225.11.0000, 7225.19.0000, 7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000, DATES: Effective November 14, 2016. States Steel Corporation, and AK Steel 7225.99.0010, 7225.99.0090, 7226.11.1000, FOR FURTHER INFORMATION CONTACT: Corporation, collectively, submitted a 7226.11.9060, 7226.19.1000, 7226.19.9000, Nancy Decker, AD/CVD Operations, request for the Department to initiate 7226.91.0500, 7226.91.1530, 7226.91.1560, Office VII, Enforcement and anti-circumvention inquiries and to 7226.91.2530, 7226.91.2560, 7226.91.7000, issue in conjunction with initiation of 7226.91.8000, and 7226.99.0180. Compliance, International Trade Administration, U.S. Department of the inquiries preliminary The HTSUS subheadings above are provided for convenience and customs Commerce, 1401 Constitution Avenue determinations of circumvention of the purposes only. The written description of the NW., Washington, DC 20230; telephone: Orders to suspend liquidation of scope of the investigation is dispositive. (202) 482–0196. imports of CORE from Vietnam.5 Appendix II SUPPLEMENTARY INFORMATION: On October 17, 2016, we received comments objecting to the allegations List of Topics Discussed in the Preliminary Background from Domestic Producers from Metallia Decision Memorandum On June 3, 2015, AK Steel U.S.A., LLC, Metallia, A Division of I. Summary Corporation, ArcelorMittal USA LLC, Hartree Partners, LP, Nippon Steel and II. Background Nucor Corporation, Steel Dynamics, Sumiken Bussan Americas Inc., Mitsui III. Period of Investigation Inc., and the United States Steel & Co. (U.S.A.), Inc., and Marubeni- IV. Scope Comments V. Selection of Respondents Corporation (collectively, Petitioners) Itochu Steel America Inc. (collectively, VI. Discussion of The Methodology filed petitions seeking the imposition of Metallia).6 Also on October 17, 2016, we a. Non-Market Economy Country antidumping and countervailing duties received comments objecting to the b. Separate Rates on imports of CORE from India, Italy, allegations from Minmetals, Inc. c. The PRC-Wide Entity the Republic of Korea, PRC, and (Minmetals).7 On October 20, 2016, we d. Application of Facts Available and Taiwan. Following the Department’s received comments objecting to the Adverse Inferences affirmative determinations of dumping allegations from China Steel Sumikin e. Selection and Corroboration of the AFA and countervailable subsidies,1 and the Vietnam Joint Stock Company (CSVC) 8 Rate U.S. International Trade Commission and from Duferco Steel Inc. (Duferco).9 VII. Adjustment Under Section 777a(F) of The Act (ITC) finding of material injury,2 the On October 21, 2016, we received VIII. Adjustments to Cash Deposit Rates for Department issued antidumping duty comments objecting to the allegations Export Subsidies and countervailing duty Orders 3 on from T.Co Metals LLC (TCO).10 On IX. Conclusion imports of CORE from the PRC. October 26, 2016, we received [FR Doc. 2016–27312 Filed 11–10–16; 8:45 am] On September 22, 2016, pursuant to comments objecting to the allegations BILLING CODE 3510–DS–P section 781(b) of the Tariff Act of 1930, from Summit Global Trading, a as amended (the Act), and 19 CFR subsidiary of Sumitomo Corporation of 351.225(h), Steel Dynamics, Inc. and DEPARTMENT OF COMMERCE California Steel Industries submitted 4 See Letter from Schagrin Associates to the requests for the Department to initiate Secretary of Commerce; ‘‘Certain Corrosion- International Trade Administration anti-circumvention inquiries to Resistant Steel Products from China: Request for determine whether producers in Circumvention Ruling,’’ dated September 22, 2016 [A–570–026, C–570–027] (Schagrin Request). Vietnam of CORE are circumventing the 5 See Letter from Kelley Drye & Warren LLP, King Certain Corrosion-Resistant Steel Orders on CORE from the PRC by & Spalding LLP, Wiley Rein LLP, and Quinn Products From the People’s Republic exporting to the United States CORE Emanuel Urquhart & Sullivan, LLP to the Secretary products completed or assembled in of Commerce, regarding ‘‘Certain Corrosion- of China: Initiation of Anti- Resistant Steel Products from the People’s Republic Circumvention Inquiries on the various Vietnamese facilities, from of China—Request for Circumvention Ruling Antidumping Duty and Countervailing inputs of HRS and CRS sourced from Pursuant to Section 781(b) of the Tariff Act of Duty Orders 1930,’’ dated September 23, 2016 (Petitioners 1 See Certain Corrosion-Resistant Steel Products Request). AGENCY: Enforcement and Compliance, from the People’s Republic of China: Final 6 See Letter from Morris, Manning & Martin, LLP International Trade Administration, Determination of Sales at Less Than Fair Value and to the Secretary of Commerce, regarding ‘‘Certain Final Affirmative Critical Circumstances Cold-Rolled Steel Flat Products and Corrosion- Department of Commerce. Resistant Steel Products from the People’s Republic Determination, in Part, 81 FR 35316 (June 2, 2016), SUMMARY: In response to requests from of China: Response to Request for Anti- and Countervailing Duty Investigation of Certain ArcelorMittal USA LLC, Nucor Corrosion-Resistant Steel Products From the Circumvention Inquiry,’’ dated October 17, 2016. Corporation, United States Steel People’s Republic of China: Final Affirmative 7 See Letter from Minmetals, Inc. to the Secretary Corporation, and AK Steel Corporation, Determination, and Final Affirmative Critical of Commerce, dated October 17, 2016. Circumstances Determination, in Part, 81 FR 35308 8 See Letter from Mowry & Grimson, PLLC and as well as Steel Dynamics, Inc. and (June 2, 2016). Sidley Austin LLP, regarding ‘‘Certain Corrosion- California Steel Industries, (collectively, 2 See Certain Corrosion-Resistant Steel Products Resistant Steel Products from China—Response to Domestic Producers), the Department of From China, India, Italy, Korea, and Taiwan; Petitioners’ Circumvention Allegations,’’ dated Commerce (the Department) is initiating Determinations, 81 FR 47177 (July 20, 2016). October 20, 2016. 3 See Certain Corrosion-Resistant Steel Products 9 See Letter from Arent Fox, regarding ‘‘Certain anti-circumvention inquiries to mstockstill on DSK3G9T082PROD with NOTICES From India, Italy, the People’s Republic of China, Corrosion-Resistant Steel Products from the determine whether certain imports of the Republic of Korea and Taiwan: Amended Final People’s Republic of China: Response to Request for corrosion-resistant steel products Affirmative Antidumping Determination for India Anti-Circumvention Inquiry,’’ dated October 20, (CORE), produced in the Socialist and Taiwan, and Antidumping Duty Orders, 81 FR 2016 (Duferco Comments). Republic of Vietnam (Vietnam) using 48390 (July 25, 2016), and Certain Corrosion- 10 See Letter from Drinker Biddle & Reath, LLP, Resistant Steel Products From India, Italy, Republic regarding ‘‘Certain Corrosion-Resistant Steel carbon hot-rolled steel (HRS) and cold- of Korea and the People’s Republic of China: Products from the People’s Republic of China: rolled steel (CRS) flat products Countervailing Duty Order, 81 FR 48387 (July 25, Response to Request for Anti-Circumvention manufactured in the People’s Republic 2016) (collectively Orders). Inquiry,’’ dated October 21, 2016 (TCO Comments). VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\14NON1.SGM 14NON1


Document Created: 2018-10-24 10:48:21
Document Modified: 2018-10-24 10:48:21
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.
ContactIrene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6905.
FR Citation81 FR 79450 
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