81_FR_86159 81 FR 85930 - Certain Carbon and Alloy Steel Cut-To-Length Plate From the Federal Republic of Germany: Amended Preliminary Determination of Sales at Less Than Fair Value

81 FR 85930 - Certain Carbon and Alloy Steel Cut-To-Length Plate From the Federal Republic of Germany: Amended Preliminary Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 229 (November 29, 2016)

Page Range85930-85932
FR Document2016-28703

On November 14, 2016, the Department of Commerce (the Department) published in the Federal Register the Preliminary Determination of the antidumping duty investigation of certain carbon and alloy steel cut-to-length plate (CTL plate) from the Federal Republic of Germany (Germany). The Department is amending the Preliminary Determination of the investigation to correct three ministerial errors.

Federal Register, Volume 81 Issue 229 (Tuesday, November 29, 2016)
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85930-85932]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28703]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-844]


Certain Carbon and Alloy Steel Cut-To-Length Plate From the 
Federal Republic of Germany: Amended Preliminary Determination of Sales 
at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 14, 2016, the Department of Commerce (the 
Department) published in the Federal Register the Preliminary 
Determination of the antidumping duty investigation of certain carbon 
and alloy steel cut-to-length plate (CTL plate) from the Federal 
Republic of Germany (Germany). The Department is amending the 
Preliminary Determination of the investigation to correct three 
ministerial errors.

DATES: Effective November 29, 2016.

FOR FURTHER INFORMATION CONTACT: Ross 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.

SUPPLEMENTARY INFORMATION: 

Background

    On November 14, 2016, the Department published in the Federal 
Register the Preliminary Determination of CTL plate from Germany.\1\ On 
November 14, 2016, Nucor Corporation (Nucor), a petitioner in this 
investigation, alleged that the Department made significant ministerial 
errors in the Preliminary Determination.\2\
---------------------------------------------------------------------------

    \1\ See 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 (November 14, 2016) (Preliminary Determination).
    \2\ See letter from Nucor entitled, ``Nucor's Ministerial Error 
Comments Regarding Salzgitter,'' dated November 14, 2016 (Nucor 
Letter).
---------------------------------------------------------------------------

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.

Significant Ministerial Error

    A ministerial error is defined in 19 CFR 351.224(f) as ``an error 
in addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial.'' Further, 19 CFR 351.224(e) provides that the Department 
``will analyze any comments received and, if appropriate, correct any 
significant ministerial error by amending the preliminary 
determination.'' A significant ministerial error is defined as a 
ministerial error, the correction of which, singly or in combination 
with other errors, would result in: (1) A change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original (erroneous) 
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a weighted-average 
dumping margin of greater than de minimis or vice versa.\3\
---------------------------------------------------------------------------

    \3\ See 19 CFR 351.224(g)(1) and (2).
---------------------------------------------------------------------------

Ministerial Error Allegations

    Nucor alleges that the Department made three ministerial errors in 
its calculation of the preliminary determination margin for Ilsenburger 
Grobblech GmbH, Salzgitter Mannesmann Grobblech GmbH, Salzgitter 
Flachstahl GmbH, and Salzgitter Mannesmann International GmbH 
(collectively, Salzgitter):
     In making the adjustment to U.S. price for reported 
freight revenue and capping that adjustment by the reported freight 
expense, the Department did not include freight revenue reported as a 
billing adjustment in the freight revenue cap.
     The Department recalculated U.S. credit expenses 
incorrectly by deducting freight revenue from the U.S. price used in 
the calculation. However, the reported U.S. price did not include 
freight revenue.
     The Department made an adjustment to U.S. price for 
inventory carrying expenses without converting the reported amount from 
euros to U.S. dollars.
    We agree that the alleged errors were made. Moreover, pursuant to 
19 CFR 351.224(g)(2), these ministerial errors are significant because 
the correction of these errors results in a change from a weighted-
average dumping margin of zero or de minimis to a weighted-average 
dumping margin of greater than de minimis. Therefore, we are correcting 
the ministerial errors alleged by Nucor and we are amending our 
preliminary determination accordingly.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum to the File entitled ``Amended Preliminary 
Determination Margin Calculation for Salzgitter'' (Amended 
Preliminary Determination Memorandum) for further discussion of our 
calculations for this amended preliminary determination.
---------------------------------------------------------------------------

Amended Preliminary Determination

    We are amending the preliminary determination of sales at less-
than-fair-value for CTL plate from Germany to reflect the correction of 
ministerial errors made in the margin calculation of that determination 
for Salzgitter. In addition, because we calculated a de minimis 
weighted-average dumping margin for Salzgitter in the Preliminary 
Determination, the preliminary ``All-Others'' Rate was based on the 
estimated weighted-average dumping margin calculated for Dillinger, the 
other mandatory respondent in this investigation. Thus, we are also 
amending the ``All-Others'' rate to account for the change in the 
Salzgitter margin. Accordingly, we are amending the calculation of the 
all-others rate to base it on the weighted-average of the margins 
calculated for Dillinger and Salzgitter using publicly-ranged data. 
Because we cannot apply our normal methodology of calculating a 
weighted-average margin due to requests to protect business-proprietary 
information, we find this rate to be the best proxy of the actual 
weighted-average margin determined for these respondents.\5\ As a 
result of the

[[Page 85931]]

correction of the ministerial error, the revised weighted-average 
dumping margins are as follows:
---------------------------------------------------------------------------

    \5\ See, e.g., Welded Line Pipe from the Republic of Turkey: 
Final Determination of Sales at Less Than Fair Value, 80 FR 61362, 
61363 (October 13, 2015). For further discussion of the amended 
calculation of the all-others rate, see Amended Preliminary 
Determination Memorandum.

------------------------------------------------------------------------
                                                        Weighted-average
                Exporter/manufacturer                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
AG der Dillinger H[uuml]ttenwerke....................               6.56
Ilsenburger Grobblech GmbH, Salzgitter Mannesmann                   5.00
 Grobblech GmbH, Salzgitter Flachstahl GmbH, and
 Salzgitter Mannesmann International GmbH............
All[dash]Others......................................               5.17
------------------------------------------------------------------------

Amended Cash Deposits and Suspension of Liquidation

    The collection of cash deposits and suspension of liquidation will 
be revised according to the rates established in this amended 
preliminary determination, in accordance with section 733(d) and (f) of 
the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.224. 
Because the rates are increasing from the Preliminary Determination, 
the amended cash deposit rates will be effective on the date of 
publication of this notice in the Federal Register.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we notified the 
International Trade Commission of our amended preliminary 
determination.

Disclosure

    We intend to disclose the calculations performed to parties in this 
proceeding within five days after public announcement of the amended 
preliminary determination, in accordance with 19 CFR 351.224.
    This amended preliminary determination is issued and published in 
accordance with sections 733(f) and 777(i) of the Act and 19 CFR 
351.224(e).

    Dated: November 21, 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;

[[Page 85932]]

    (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) 320-350 HBW;
    (c) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not 
exceeding 0.5, D not exceeding 1.5; and
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 2 mm flat bottom hole;
    (6) Alloy forged and rolled steel CTL plate over 407 mm in 
actual thickness and meeting the following requirements:
    (a) Made from Electric Arc Furnace melted, Ladle refined & 
vacuum degassed, alloy steel with the following chemical composition 
(expressed in weight percentages):
     Carbon 0.23-0.28,
     Silicon 0.05-0.15,
     Manganese 1.20-1.50,
     Nickel not greater than 0.4,
     Sulfur not greater than 0.010,
     Phosphorus not greater than 0.020,
     Chromium 1.20-1.50,
     Molybdenum 0.35-0.55,
     Boron 0.002-0.004,
     Oxygen not greater than 20 ppm,
     Hydrogen not greater than 2 ppm, and
     Nitrogen not greater than 60 ppm;
    (b) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not 
exceeding 1.0, D not exceeding 1.5;
    (c) Having the following mechanical properties:
    (i) With a Brinell hardness not more than 237 HBW measured in 
all parts of the product including mid thickness; and having a Yield 
Strength of 75 ksi min and UTS 95 ksi 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 145 ksi or 
more and UTS 160 ksi 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.

[FR Doc. 2016-28703 Filed 11-28-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                    85930                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    convenience and customs purposes; the                   of CTL plate from Germany.1 On                        include freight revenue reported as a
                                                    written description of the scope is                     November 14, 2016, Nucor Corporation                  billing adjustment in the freight revenue
                                                    dispositive.                                            (Nucor), a petitioner in this                         cap.
                                                    Appendix II                                             investigation, alleged that the                          • The Department recalculated U.S.
                                                                                                            Department made significant ministerial               credit expenses incorrectly by deducting
                                                    List of Topics Discussed in the Preliminary             errors in the Preliminary                             freight revenue from the U.S. price used
                                                    Decision Memorandum                                                                                           in the calculation. However, the
                                                                                                            Determination.2
                                                    I. Summary                                                                                                    reported U.S. price did not include
                                                    II. Background                                          Scope of the Investigation                            freight revenue.
                                                    III. Scope Comments                                        The product covered by this                           • The Department made an
                                                    IV. Scope of the Investigation                          investigation is CTL plate from                       adjustment to U.S. price for inventory
                                                    V. Alignment
                                                                                                            Germany. For a full description of the                carrying expenses without converting
                                                    VI. Injury Test
                                                    VII. Subsidies Valuation                                scope of this investigation, see the                  the reported amount from euros to U.S.
                                                    VIII. Loan Benchmark and Interest Rates                 ‘‘Scope of the Investigation,’’ in                    dollars.
                                                    IX. Use of Facts Otherwise Available                    Appendix I of this notice.                               We agree that the alleged errors were
                                                    X. Analysis of Programs                                                                                       made. Moreover, pursuant to 19 CFR
                                                                                                            Significant Ministerial Error
                                                    XI. Calculation of All-Others Rate                                                                            351.224(g)(2), these ministerial errors
                                                    XII. International Trade Commission                        A ministerial error is defined in 19               are significant because the correction of
                                                    XIII. Disclosure and Public Comment                     CFR 351.224(f) as ‘‘an error in addition,             these errors results in a change from a
                                                    XIV. Conclusion                                         subtraction, or other arithmetic                      weighted-average dumping margin of
                                                    [FR Doc. 2016–28704 Filed 11–28–16; 8:45 am]            function, clerical error resulting from               zero or de minimis to a weighted-
                                                    BILLING CODE 3510–DS–P                                  inaccurate copying, duplication, or the               average dumping margin of greater than
                                                                                                            like, and any other similar type of                   de minimis. Therefore, we are correcting
                                                                                                            unintentional error which the Secretary               the ministerial errors alleged by Nucor
                                                    DEPARTMENT OF COMMERCE                                  considers ministerial.’’ Further, 19 CFR              and we are amending our preliminary
                                                                                                            351.224(e) provides that the Department               determination accordingly.4
                                                    International Trade Administration                      ‘‘will analyze any comments received
                                                                                                            and, if appropriate, correct any                      Amended Preliminary Determination
                                                    [A–428–844]                                             significant ministerial error by                        We are amending the preliminary
                                                                                                            amending the preliminary                              determination of sales at less-than-fair-
                                                    Certain Carbon and Alloy Steel Cut-To-                  determination.’’ A significant                        value for CTL plate from Germany to
                                                    Length Plate From the Federal                           ministerial error is defined as a                     reflect the correction of ministerial
                                                    Republic of Germany: Amended                            ministerial error, the correction of                  errors made in the margin calculation of
                                                    Preliminary Determination of Sales at                   which, singly or in combination with                  that determination for Salzgitter. In
                                                    Less Than Fair Value                                    other errors, would result in: (1) A                  addition, because we calculated a de
                                                                                                            change of at least five absolute                      minimis weighted-average dumping
                                                    AGENCY:  Enforcement and Compliance,                    percentage points in, but not less than               margin for Salzgitter in the Preliminary
                                                    International Trade Administration,                     25 percent of, the weighted-average                   Determination, the preliminary ‘‘All-
                                                    Department of Commerce.                                 dumping margin calculated in the                      Others’’ Rate was based on the
                                                    SUMMARY:   On November 14, 2016, the                    original (erroneous) preliminary                      estimated weighted-average dumping
                                                    Department of Commerce (the                             determination; or (2) a difference                    margin calculated for Dillinger, the
                                                    Department) published in the Federal                    between a weighted-average dumping                    other mandatory respondent in this
                                                    Register the Preliminary Determination                  margin of zero or de minimis and a                    investigation. Thus, we are also
                                                    of the antidumping duty investigation of                weighted-average dumping margin of                    amending the ‘‘All-Others’’ rate to
                                                    certain carbon and alloy steel cut-to-                  greater than de minimis or vice versa.3               account for the change in the Salzgitter
                                                    length plate (CTL plate) from the                       Ministerial Error Allegations                         margin. Accordingly, we are amending
                                                    Federal Republic of Germany                                                                                   the calculation of the all-others rate to
                                                                                                               Nucor alleges that the Department                  base it on the weighted-average of the
                                                    (Germany). The Department is
                                                                                                            made three ministerial errors in its                  margins calculated for Dillinger and
                                                    amending the Preliminary
                                                                                                            calculation of the preliminary                        Salzgitter using publicly-ranged data.
                                                    Determination of the investigation to                   determination margin for Ilsenburger
                                                    correct three ministerial errors.                                                                             Because we cannot apply our normal
                                                                                                            Grobblech GmbH, Salzgitter                            methodology of calculating a weighted-
                                                    DATES:   Effective November 29, 2016.                   Mannesmann Grobblech GmbH,                            average margin due to requests to
                                                    FOR FURTHER INFORMATION CONTACT:    Ross                Salzgitter Flachstahl GmbH, and                       protect business-proprietary
                                                    Belliveau or David J. Goldberger, AD/                   Salzgitter Mannesmann International                   information, we find this rate to be the
                                                    CVD Operations, Office II, Enforcement                  GmbH (collectively, Salzgitter):                      best proxy of the actual weighted-
                                                                                                               • In making the adjustment to U.S.
                                                    and Compliance, International Trade                                                                           average margin determined for these
                                                                                                            price for reported freight revenue and
                                                    Administration, U.S. Department of                                                                            respondents.5 As a result of the
                                                                                                            capping that adjustment by the reported
                                                    Commerce, 1401 Constitution Avenue
                                                                                                            freight expense, the Department did not
                                                    NW., Washington, DC 20230; telephone:                                                                            4 See Memorandum to the File entitled

                                                                                                                                                                  ‘‘Amended Preliminary Determination Margin
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (202) 482–4952 or (202) 482–4136,                         1 See Certain Carbon and Alloy Steel Cut-to-        Calculation for Salzgitter’’ (Amended Preliminary
                                                    respectively.                                           Length Plate from the Federal Republic of Germany:    Determination Memorandum) for further discussion
                                                                                                            Preliminary Determination of Sales at Less Than       of our calculations for this amended preliminary
                                                    SUPPLEMENTARY INFORMATION:                              Fair Value and Postponement of Final                  determination.
                                                                                                            Determination, 81 FR 79446 (November 14, 2016)           5 See, e.g., Welded Line Pipe from the Republic of
                                                    Background                                              (Preliminary Determination).                          Turkey: Final Determination of Sales at Less Than
                                                                                                              2 See letter from Nucor entitled, ‘‘Nucor’s
                                                      On November 14, 2016, the                                                                                   Fair Value, 80 FR 61362, 61363 (October 13, 2015).
                                                                                                            Ministerial Error Comments Regarding Salzgitter,’’    For further discussion of the amended calculation
                                                    Department published in the Federal                     dated November 14, 2016 (Nucor Letter).               of the all-others rate, see Amended Preliminary
                                                    Register the Preliminary Determination                    3 See 19 CFR 351.224(g)(1) and (2).                 Determination Memorandum.



                                               VerDate Sep<11>2014   17:48 Nov 28, 2016   Jkt 241001   PO 00000   Frm 00011   Fmt 4703   Sfmt 4703   E:\FR\FM\29NON1.SGM   29NON1


                                                                                         Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices                                                                                              85931

                                                    correction of the ministerial error, the                                    revised weighted-average dumping
                                                    revised weighted-average dumping                                            margins are as follows:
                                                    margins are as follows:

                                                                                                                                                                                                                                                         Weighted-average
                                                                                                                                   Exporter/manufacturer                                                                                                 dumping margin
                                                                                                                                                                                                                                                             (percent)

                                                    AG der Dillinger Hüttenwerke ........................................................................................................................................................                           6.56
                                                    Ilsenburger Grobblech GmbH, Salzgitter Mannesmann Grobblech GmbH, Salzgitter Flachstahl GmbH, and Salzgitter
                                                       Mannesmann International GmbH .............................................................................................................................................                                   5.00
                                                    All-Others .......................................................................................................................................................................................               5.17



                                                    Amended Cash Deposits and                                                   mm, which are not in coils and without                                         (2) military grade armor plate certified to
                                                    Suspension of Liquidation                                                   patterns in relief), and (2) hot-rolled or forged                            one of the following specifications or to a
                                                                                                                                flat steel products of a thickness of 4.75 mm                                specification that references and incorporates
                                                      The collection of cash deposits and                                       or more and of a width which exceeds 150                                     one of the following specifications:
                                                    suspension of liquidation will be                                           mm and measures at least twice the                                             • MIL–A–12560,
                                                    revised according to the rates                                              thickness, and which are not in coils,                                         • MIL–DTL–12560H,
                                                    established in this amended preliminary                                     whether or not with patterns in relief. The                                    • MIL–DTL–12560J,
                                                    determination, in accordance with                                           covered products described above may be                                        • MIL–DTL–12560K,
                                                    section 733(d) and (f) of the Tariff Act                                    rectangular, square, circular or other shapes                                  • MIL–DTL–32332,
                                                    of 1930, as amended (the Act) and 19                                        and include products of either rectangular or                                  • MIL–A–46100D,
                                                    CFR 351.224. Because the rates are                                          non-rectangular cross-section where such                                       • MIL–DTL–46100–E,
                                                                                                                                non-rectangular cross-section is achieved                                      • MIL–46177C,
                                                    increasing from the Preliminary
                                                                                                                                subsequent to the rolling process, i.e.,                                       • MIL–S–16216K Grade HY80,
                                                    Determination, the amended cash                                             products which have been ‘‘worked after
                                                    deposit rates will be effective on the                                                                                                                     • MIL–S–16216K Grade HY100,
                                                                                                                                rolling’’ (e.g., products which have been                                      • MIL–S–24645A HSLA–80;
                                                    date of publication of this notice in the                                   beveled or rounded at the edges).                                              • MIL–S–24645A HSLA–100,
                                                    Federal Register.                                                              For purposes of the width and thickness                                     • T9074–BD–GIB–010/0300 Grade HY80,
                                                                                                                                requirements referenced above, the following                                   • T9074–BD–GIB–010/0300 Grade HY100,
                                                    International Trade Commission                                              rules apply:
                                                    Notification                                                                                                                                               • T9074–BD–GIB–010/0300 Grade
                                                                                                                                   (1) Except where otherwise stated where                                   HSLA80,
                                                      In accordance with section 733(f) of                                      the nominal and actual thickness or width                                      • T9074–BD–GIB–010/0300 Grade
                                                    the Act, we notified the International                                      measurements vary, a product from a given                                    HSLA100, and
                                                    Trade Commission of our amended                                             subject country is within the scope if                                         • T9074–BD–GIB–010/0300 Mod. Grade
                                                                                                                                application of either the nominal or actual                                  HSLA115,
                                                    preliminary determination.                                                  measurement would place it within the scope
                                                                                                                                based on the definitions set forth above; and                                except that any cut-to-length plate certified to
                                                    Disclosure                                                                                                                                               one of the above specifications, or to a
                                                                                                                                   (2) where the width and thickness vary for
                                                      We intend to disclose the calculations                                    a specific product (e.g., the thickness of                                   military grade armor specification that
                                                    performed to parties in this proceeding                                     certain products with non-rectangular cross-                                 references and incorporates one of the above
                                                    within five days after public                                               section, the width of certain products with                                  specifications, will not be excluded from the
                                                    announcement of the amended                                                 non-rectangular shape, etc.), the                                            scope if it is also dual- or multiple-certified
                                                    preliminary determination, in                                               measurement at its greatest width or                                         to any other non-armor specification that
                                                                                                                                thickness applies.                                                           otherwise would fall within the scope of this
                                                    accordance with 19 CFR 351.224.                                                                                                                          order;
                                                      This amended preliminary                                                     Steel products included in the scope of this
                                                                                                                                investigation are products in which: (1) Iron                                  (3) stainless steel plate, containing 10.5
                                                    determination is issued and published                                                                                                                    percent or more of chromium by weight and
                                                                                                                                predominates, by weight, over each of the
                                                    in accordance with sections 733(f) and                                                                                                                   not more than 1.2 percent of carbon by
                                                                                                                                other contained elements; and (2) the carbon
                                                    777(i) of the Act and 19 CFR 351.224(e).                                    content is 2 percent or less by weight.                                      weight;
                                                      Dated: November 21, 2016.                                                    Subject merchandise includes cut-to-length                                  (4) CTL plate meeting the requirements of
                                                                                                                                plate that has been further processed in the                                 ASTM A–829, Grade E 4340 that are over 305
                                                    Paul Piquado,
                                                                                                                                subject country or a third country, including                                mm in actual thickness;
                                                    Assistant Secretary for Enforcement and                                                                                                                    (5) Alloy forged and rolled CTL plate
                                                                                                                                but not limited to pickling, oiling, levelling,
                                                    Compliance.                                                                                                                                              greater than or equal to 152.4 mm in actual
                                                                                                                                annealing, tempering, temper rolling, skin
                                                    Appendix I                                                                  passing, painting, varnishing, trimming,                                     thickness meeting each of the following
                                                                                                                                cutting, punching, beveling, and/or slitting,                                requirements:
                                                    Scope of the Investigation                                                  or any other processing that would not                                         (a) Electric furnace melted, ladle refined &
                                                      The products covered by this investigation                                otherwise remove the merchandise from the                                    vacuum degassed and having a chemical
                                                    are certain carbon and alloy steel hot-rolled                               scope of the investigation if performed in the                               composition (expressed in weight
                                                    or forged flat plate products not in coils,                                 country of manufacture of the cut-to-length                                  percentages):
                                                    whether or not painted, varnished, or coated                                plate.                                                                         • Carbon 0.23–0.28,
                                                    with plastics or other non-metallic                                            All products that meet the written physical                                 • Silicon 0.05–0.20,
                                                    substances (cut-to-length plate). Subject                                   description are within the scope of this                                       • Manganese 1.20–1.60,
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    merchandise includes plate that is produced                                 investigation unless specifically excluded or                                  • Nickel not greater than 1.0,
                                                    by being cut-to-length from coils or from                                   covered by the scope of an existing order.                                     • Sulfur not greater than 0.007,
                                                    other discrete length plate and plate that is                               The following products are outside of, and/                                    • Phosphorus not greater than 0.020,
                                                    rolled or forged into a discrete length. The                                or specifically excluded from, the scope of                                    • Chromium 1.0–2.5,
                                                    products covered include (1) Universal mill                                 this investigation:                                                            • Molybdenum 0.35–0.80,
                                                    plates (i.e., flat-rolled products rolled on four                              (1) Products clad, plated, or coated with                                   • Boron 0.002–0.004,
                                                    faces or in a closed box pass, of a width                                   metal, whether or not painted, varnished or                                    • Oxygen not greater than 20 ppm,
                                                    exceeding 150 mm but not exceeding 1250                                     coated with plastic or other non-metallic                                      • Hydrogen not greater than 2 ppm, and
                                                    mm, and of a thickness of not less than 4                                   substances;                                                                    • Nitrogen not greater than 60 ppm;



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                                                    85932                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                       (b) With a Brinell hardness measured in all             • Nickel 3.0–3.5,                                  DEPARTMENT OF COMMERCE
                                                    parts of the product including mid thickness               • Sulfur not greater than 0.010,
                                                    falling within one of the following ranges:                • Phosphorus not greater than 0.020,               National Institute of Standards and
                                                       (i) 270–300 HBW,                                        • Chromium 1.0–1.5,                                Technology
                                                       (ii) 290–320 HBW, or                                    • Molybdenum 0.6–0.9,
                                                       (iii) 320–350 HBW;                                                                                         [Docket No.: 160830797–6797–01]
                                                                                                               • Vanadium 0.08 to 0.12
                                                       (c) Having cleanliness in accordance with
                                                    ASTM E45 method A (Thin and Heavy): A                      • Boron 0.002–0.004,
                                                                                                                                                                  National Cybersecurity Center of
                                                    not exceeding 1.5, B not exceeding 1.0, C not              • Oxygen not greater than 20 ppm,
                                                                                                                                                                  Excellence (NCCoE) Mobile
                                                    exceeding 0.5, D not exceeding 1.5; and                    • Hydrogen not greater than 2 ppm, and
                                                                                                               • Nitrogen not greater than 60 ppm.
                                                                                                                                                                  Application Single Sign On (SSO) for
                                                       (d) Conforming to ASTM A578–S9
                                                    ultrasonic testing requirements with                       (b) Having cleanliness in accordance with
                                                                                                                                                                  the Public Safety & First Responder
                                                    acceptance criteria 2 mm flat bottom hole;              ASTM E45 method A (Thin and Heavy): A
                                                                                                                                                                  Sector
                                                       (6) Alloy forged and rolled steel CTL plate          not exceeding 1.0(t) and 0.5(h), B not                AGENCY: National Institute of Standards
                                                    over 407 mm in actual thickness and meeting             exceeding 1.5(t) and 1.0(h), C not exceeding
                                                    the following requirements:                                                                                   and Technology, Department of
                                                                                                            1.0(t) and 0.5(h), and D not exceeding 1.5(t)         Commerce.
                                                       (a) Made from Electric Arc Furnace melted,
                                                                                                            and 1.0(h);
                                                    Ladle refined & vacuum degassed, alloy steel                                                                  ACTION: Notice.
                                                    with the following chemical composition                    (c) Having the following mechanical
                                                    (expressed in weight percentages):                      properties: A Brinell hardness not less than          SUMMARY:    The National Institute of
                                                       • Carbon 0.23–0.28,                                  350 HBW measured in all parts of the                  Standards and Technology (NIST)
                                                       • Silicon 0.05–0.15,                                 product including mid thickness; and having           invites organizations to provide
                                                       • Manganese 1.20–1.50,                               a Yield Strength of 145 ksi or more and UTS           products and technical expertise to
                                                       • Nickel not greater than 0.4,                       160 ksi or more, Elongation of 15% or more            support and demonstrate security
                                                       • Sulfur not greater than 0.010,                     and Reduction of area 35% or more; having
                                                       • Phosphorus not greater than 0.020,                                                                       platforms for Mobile Application Single
                                                                                                            charpy V at ¥40 degrees F in the transverse           Sign On (SSO) for the Public Safety &
                                                       • Chromium 1.20–1.50,                                direction equal or greater than 20 ft. lbs
                                                       • Molybdenum 0.35–0.55,                                                                                    First Responder sector. This notice is
                                                                                                            (single value) and equal or greater than 25 ft.
                                                       • Boron 0.002–0.004,                                                                                       the initial step for the National
                                                                                                            lbs (average of 3 specimens);
                                                       • Oxygen not greater than 20 ppm,                                                                          Cybersecurity Center of Excellence
                                                       • Hydrogen not greater than 2 ppm, and                  (d) Conforming to ASTM A578–S9
                                                                                                                                                                  (NCCoE) in collaborating with
                                                       • Nitrogen not greater than 60 ppm;                  ultrasonic testing requirements with
                                                                                                                                                                  technology companies to address
                                                       (b) Having cleanliness in accordance with            acceptance criteria 3.2 mm flat bottom hole;
                                                                                                                                                                  cybersecurity challenges identified
                                                    ASTM E45 method A (Thin and Heavy): A                   and
                                                                                                                                                                  under the Public Safety & First
                                                    not exceeding 1.5, B not exceeding 1.5, C not              (e) Conforming to magnetic particle
                                                    exceeding 1.0, D not exceeding 1.5;                                                                           Responder sector program. Participation
                                                                                                            inspection in accordance with AMS 2301.
                                                       (c) Having the following mechanical                     The products subject to the investigation
                                                                                                                                                                  in the use case is open to all interested
                                                    properties:                                             are currently classified in the Harmonized
                                                                                                                                                                  organizations.
                                                       (i) With a Brinell hardness not more than            Tariff Schedule of the United States (HTSUS)          DATES: Interested parties must contact
                                                    237 HBW measured in all parts of the                    under item numbers: 7208.40.3030,                     NIST to request a letter of interest
                                                    product including mid thickness; and having                                                                   template to be completed and submitted
                                                                                                            7208.40.3060, 7208.51.0030, 7208.51.0045,
                                                    a Yield Strength of 75 ksi min and UTS 95
                                                                                                            7208.51.0060, 7208.52.0000, 7211.13.0000,             to NIST. Letters of interest will be
                                                    ksi or more, Elongation of 18% or more and
                                                    Reduction of area 35% or more; having                   7211.14.0030, 7211.14.0045, 7225.40.1110,             accepted on a first come, first served
                                                    charpy V at ¥75 degrees F in the                        7225.40.1180, 7225.40.3005, 7225.40.3050,             basis. Collaborative activities will
                                                    longitudinal direction equal or greater than            7226.20.0000, and 7226.91.5000.                       commence as soon as enough completed
                                                    15 ft. lbs (single value) and equal or greater             The products subject to the investigation          and signed letters of interest have been
                                                    than 20 ft. lbs (average of 3 specimens) and            may also enter under the following HTSUS              returned to address all the necessary
                                                    conforming to the requirements of NACE                  item numbers: 7208.40.6060, 7208.53.0000,             components and capabilities, but no
                                                    MR01–75; or                                             7208.90.0000, 7210.70.3000, 7210.90.9000,             earlier than December 29, 2016. When
                                                       (ii) With a Brinell hardness not less than           7211.19.1500, 7211.19.2000, 7211.19.4500,             the use case has been completed, NIST
                                                    240 HBW measured in all parts of the                    7211.19.6000, 7211.19.7590, 7211.90.0000,             will post a notice on the NCCoE Public
                                                    product including mid thickness; and having
                                                    a Yield Strength of 90 ksi min and UTS 110
                                                                                                            7212.40.1000, 7212.40.5000, 7212.50.0000,             Safety & First Responder sector program
                                                    ksi or more, Elongation of 15% or more and              7214.10.0000, 7214.30.0010, 7214.30.0080,             Web site at https://nccoe.nist.gov/
                                                    Reduction of area 30% or more; having                   7214.91.0015, 7214.91.0060, 7214.91.0090,             projects/building_blocks/mobile-sso
                                                    charpy V at ¥40 degrees F in the                        7225.11.0000, 7225.19.0000, 7225.40.5110,             announcing the completion of the use
                                                    longitudinal direction equal or greater than            7225.40.5130, 7225.40.5160, 7225.40.7000,             case and informing the public that it
                                                    21 ft. lbs (single value) and equal or greater          7225.99.0010, 7225.99.0090, 7226.11.1000,             will no longer accept letters of interest
                                                    than 31 ft. lbs (average of 3 specimens);               7226.11.9060, 7226.19.1000, 7226.19.9000,             for this use case.
                                                       (d) Conforming to ASTM A578–S9                       7226.91.0500, 7226.91.1530, 7226.91.1560,
                                                                                                                                                                  ADDRESSES: The NCCoE is located at
                                                    ultrasonic testing requirements with                    7226.91.2530, 7226.91.2560, 7226.91.7000,
                                                    acceptance criteria 3.2 mm flat bottom hole;                                                                  9700 Great Seneca Highway, Rockville,
                                                                                                            7226.91.8000, and 7226.99.0180.
                                                    and                                                                                                           MD 20850. Letters of interest must be
                                                                                                               The HTSUS subheadings above are
                                                       (e) Conforming to magnetic particle                                                                        submitted to PSFR–NCCoE@nist.gov or
                                                                                                            provided for convenience and customs
                                                    inspection in accordance with AMS 2301;                                                                       via hardcopy to National Institute of
                                                       (7) Alloy forged and rolled steel CTL plate          purposes only. The written description of the
                                                                                                                                                                  Standards and Technology, 100 Bureau
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    over 407 mm in actual thickness and meeting             scope of the investigation is dispositive.
                                                                                                                                                                  Drive Mail Stop 2002, Gaithersburg, MD
                                                    the following requirements:                             [FR Doc. 2016–28703 Filed 11–28–16; 8:45 am]          20899. Organizations whose letters of
                                                       (a) Made from Electric Arc Furnace melted,           BILLING CODE 3510–DS–P                                interest are accepted in accordance with
                                                    ladle refined & vacuum degassed, alloy steel
                                                    with the following chemical composition                                                                       the process set forth in the
                                                    (expressed in weight percentages):                                                                            SUPPLEMENTARY INFORMATION section of
                                                       • Carbon 0.25–0.30,                                                                                        this notice will be asked to sign a
                                                       • Silicon not greater than 0.25,                                                                           Cooperative Research and Development
                                                       • Manganese not greater than 0.50,                                                                         Agreement (CRADA) with NIST. A


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Document Created: 2016-11-29 00:32:41
Document Modified: 2016-11-29 00:32:41
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 29, 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 85930 

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