81 FR 87019 - Certain Carbon and Alloy Steel Cut-to-Length Plate From France: Amended Preliminary Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 232 (December 2, 2016)
International Trade Administration
Federal Register Volume 81, Issue 232 (December 2, 2016)
| Page Range | 87019-87021 | |
| FR Document | 2016-28983 |
[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)] [Notices] [Pages 87019-87021] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28983] [[Page 87019]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-427-428] Certain Carbon and Alloy Steel Cut-to-Length Plate From France: 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 France. The Department is amending the Preliminary Determination of the investigation to correct two significant ministerial errors. DATES: Effective December 2, 2016. FOR FURTHER INFORMATION CONTACT: Brandon Custard or Terre Keaton Stefanova, 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- 1823 or (202) 482-1280, respectively. SUPPLEMENTARY INFORMATION: Background On November 14, 2016, the Department published in the Federal Register the Preliminary Determination of CTL plate from France.\1\ On November 14, 2016, Dillinger France S.A., (Dillinger France) a respondent in this investigation, alleged that the Department made a significant ministerial error in the Preliminary Determination.\2\ --------------------------------------------------------------------------- \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate From France: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 79437 (November 14, 2016) (Preliminary Determination). \2\ See letter from Dillinger France regarding, ``Certain Carbon and Alloy Steel Cut-To-Length Plate from France; Ministerial Error Allegation,'' dated November 14, 2016 (Ministerial Error Allegation Letter). --------------------------------------------------------------------------- Scope of the Investigation The product covered by this investigation is CTL plate from France. 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 Allegation Dillinger France alleges that the Department erred in its preliminary determination by not excluding Dillinger France's intra- company sales from its U.S. sales database, which resulted in the double-counting of these sales in the margin calculation. No other party commented on this issue. After comparing the ministerial error allegation against the U.S. sales databases, we agree with the respondent that we inadvertently double-counted its intra-company U.S. sales. Additionally, we identified a further error in the preliminary determination margin calculation. Specifically, we inadvertently failed to cap certain reported freight revenue and to offset the movement expenses by this additional capped freight revenue amount. Pursuant to 19 CFR 351.224(g)(2), these errors are significant because their correction results in 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 preliminary determination (i.e., change from a weighted-average dumping margin of 12.97 percent to 6.43 percent). Therefore, we are correcting these errors and amending our preliminary determination accordingly.\4\ --------------------------------------------------------------------------- \4\ See Memorandum to the File entitled ``Amended Preliminary Determination Margin Calculation for Dillinger France S.A.'' (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 France to reflect the correction of significant ministerial errors made in the margin calculation of that determination for Dillinger France in accordance with 19 CFR 351.224(e). The ``All-Others'' Rate was based on the simple average of the margins calculated for Dillinger France and Industeel France S.A. (Industeel), the other mandatory respondent in this investigation. Thus, we are also amending the ``All-Others'' rate to account for the change in Dillinger France's margin. We are amending the calculation of the all-others rate to base it on the weighted average of the margins calculated for Dillinger France and Industeel 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 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) ------------------------------------------------------------------------ Dillinger France S.A.................................... 6.43 Industeel France S.A.................................... 4.26 All Others.............................................. 6.33 ------------------------------------------------------------------------ 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) of the Tariff Act of 1930, as amended (the Act). Because these amended rates result in reduced cash deposit rates, they will be effective retroactively to November 14, 2016, the date of publication of the Preliminary Determination. International Trade Commission Notification In accordance with section 733(f) of the Act, we notified the International [[Page 87020]] 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 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The products covered by this investigation are certain carbon and alloy steel hot-rolled or forged flat plate products not in coils, whether or not painted, varnished, or coated with plastics or other non-metallic substances (cut-to-length plate). Subject merchandise includes plate that is produced by being cut-to-length from coils or from other discrete length plate and plate that is rolled or forged into a discrete length. The products covered include (1) Universal mill plates (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, and of a thickness of not less than 4 mm, which are not in coils and without patterns in relief), and (2) hot- rolled or forged flat steel products of a thickness of 4.75 mm or more and of a width which exceeds 150 mm and measures at least twice the thickness, and which are not in coils, whether or not with patterns in relief. The covered products described above may be rectangular, square, circular or other shapes and include products of either rectangular or non-rectangular cross-section where such non-rectangular cross-section is achieved subsequent to the rolling process, i.e., products which have been ``worked after rolling'' (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above, the following rules apply: (1) Except where otherwise stated where the nominal and actual thickness or width measurements vary, a product from a given subject country is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above; and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross- section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is 2 percent or less by weight. Subject merchandise includes cut-to-length plate that has been further processed in the subject country or a third country, including but not limited to pickling, oiling, levelling, annealing, tempering, temper rolling, skin passing, painting, varnishing, trimming, cutting, punching, beveling, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the cut-to-length plate. All products that meet the written physical description, are within the scope of this investigation unless specifically excluded or covered by the scope of an existing order. The following products are outside of, and/or specifically excluded from, the scope of this investigation: (1) Products clad, plated, or coated with metal, whether or not painted, varnished or coated with plastic or other non-metallic substances; (2) military grade armor plate certified to one of the following specifications or to a specification that references and incorporates one of the following specifications:MIL-A-12560, MIL-DTL-12560H, MIL-DTL-12560J, MIL-DTL-12560K, MIL-DTL-32332, MIL-A-46100D, MIL-DTL-46100-E, MIL-46177C, MIL-S-16216K Grade HY80, MIL-S-16216K Grade HY100, MIL-S-24645A HSLA-80; MIL-S-24645A HSLA-100, T9074-BD-GIB-010/0300 Grade HY80, T9074-BD-GIB-010/0300 Grade HY100, T9074-BD-GIB-010/0300 Grade HSLA80, T9074-BD-GIB-010/0300 Grade HSLA100, and T9074-BD-GIB-010/0300 Mod. Grade HSLA115, except that any cut-to-length plate certified to one of the above specifications, or to a military grade armor specification that references and incorporates one of the above specifications, will not be excluded from the scope if it is also dual- or multiple- certified to any other non-armor specification that otherwise would fall within the scope of this order; (3) stainless steel plate, containing 10.5 percent or more of chromium by weight and not more than 1.2 percent of carbon by weight; (4) CTL plate meeting the requirements of ASTM A-829, Grade E 4340 that are over 305 mm in actual thickness; (5) Alloy forged and rolled CTL plate greater than or equal to 152.4 mm in actual thickness meeting each of the following requirements: (a) Electric furnace melted, ladle refined & vacuum degassed and having a chemical composition (expressed in weight percentages): Carbon 0.23-0.28, Silicon 0.05-0.20, Manganese 1.20-1.60, Nickel not greater than 1.0, Sulfur not greater than 0.007, Phosphorus not greater than 0.020, Chromium 1.0-2.5, Molybdenum 0.35-0.80, Boron 0.002-0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm; (b) With a Brinell hardness measured in all parts of the product including mid thickness falling within one of the following ranges: (i) 270-300 HBW, (ii) 290-320 HBW, or (iii) 320-350HBW; (c) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not exceeding 0.5, D not exceeding 1.5; and (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 2 mm flat bottom hole; (6) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: (a) Made from Electric Arc Furnace melted, Ladle refined & vacuum degassed, alloy steel with the following chemical composition (expressed in weight percentages): Carbon 0.23-0.28, Silicon 0.05-0.15, Manganese 1.20-1.50, Nickel not greater than 0.4, Sulfur not greater than 0.010, Phosphorus not greater than 0.020, Chromium 1.20-1.50, Molybdenum 0.35-0.55, Boron 0.002-0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm; (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not exceeding 1.0, D not exceeding 1.5; (c) Having the following mechanical properties: (i) With a Brinell hardness not more than 237 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or more and Reduction of area 35% or more; having charpy V at -75 degrees F in the longitudinal direction equal or greater than 15 ft. lbs (single value) and equal or greater than 20 ft. lbs (average of 3 specimens) and conforming to the requirements of NACE MR01-75; or (ii) With a Brinell hardness not less than 240 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or more and Reduction of area 30% or more; having charpy V at -40 degrees F in the longitudinal direction equal or greater than 21 ft. lbs (single value) and equal or greater than 31 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301; (7) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: [[Page 87021]] (a) Made from Electric Arc Furnace melted, ladle refined & vacuum degassed, alloy steel with the following chemical composition (expressed in weight percentages): Carbon 0.25-0.30, Silicon not greater than 0.25, Manganese not greater than 0.50, Nickel 3.0-3.5, Sulfur not greater than 0.010, Phosphorus not greater than 0.020, Chromium 1.0-1.5, Molybdenum 0.6-0.9, Vanadium 0.08 to 0.12 Boron 0.002-0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm. (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not exceeding 1.5(t) and 1.0(h); (c) Having the following mechanical properties: A Brinell hardness not less than 350 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 145ksi or more and UTS 160ksi or more, Elongation of 15% or more and Reduction of area 35% or more; having charpy V at -40 degrees F in the transverse direction equal or greater than 20 ft. lbs (single value) and equal or greater than 25 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 7226.91.5000. The products subject to the investigation may also enter under the following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 7226.91.8000, and 7226.99.0180. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. [FR Doc. 2016-28983 Filed 12-1-16; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices 87019
DEPARTMENT OF COMMERCE subtraction, or other arithmetic Amended Preliminary Determination
function, clerical error resulting from
International Trade Administration inaccurate copying, duplication, or the We are amending the preliminary
like, and any other similar type of determination of sales at less than fair
[A–427–428] value for CTL plate from France to
unintentional error which the Secretary
considers ministerial.’’ Further, 19 CFR reflect the correction of significant
Certain Carbon and Alloy Steel Cut-to-
351.224(e) provides that the Department ministerial errors made in the margin
Length Plate From France: Amended
‘‘will analyze any comments received calculation of that determination for
Preliminary Determination of Sales at
and, if appropriate, correct any Dillinger France in accordance with 19
Less Than Fair Value
significant ministerial error by CFR 351.224(e). The ‘‘All-Others’’ Rate
AGENCY: Enforcement and Compliance, amending the preliminary was based on the simple average of the
International Trade Administration, determination.’’ A significant margins calculated for Dillinger France
Department of Commerce. ministerial error is defined as a and Industeel France S.A. (Industeel),
SUMMARY: On November 14, 2016, the ministerial error, the correction of the other mandatory respondent in this
Department of Commerce (the which, singly or in combination with investigation. Thus, we are also
Department) published in the Federal other errors, would result in: (1) A amending the ‘‘All-Others’’ rate to
Register the Preliminary Determination change of at least five absolute account for the change in Dillinger
of the antidumping duty investigation of percentage points in, but not less than France’s margin. We are amending the
certain carbon and alloy steel cut-to- 25 percent of, the weighted-average calculation of the all-others rate to base
length plate (CTL plate) from France. dumping margin calculated in the it on the weighted average of the
The Department is amending the original (erroneous) preliminary margins calculated for Dillinger France
Preliminary Determination of the determination; or (2) a difference and Industeel using publicly-ranged
investigation to correct two significant between a weighted-average dumping data. Because we cannot apply our
ministerial errors. margin of zero or de minimis and a normal methodology of calculating a
DATES: Effective December 2, 2016. weighted-average dumping margin of weighted-average margin due to
greater than de minimis or vice versa.3 requests to protect business-proprietary
FOR FURTHER INFORMATION CONTACT:
information, we find this rate to be the
Brandon Custard or Terre Keaton Ministerial Error Allegation best proxy of the actual weighted-
Stefanova, AD/CVD Operations, Office Dillinger France alleges that the average margin determined for these
II, Enforcement and Compliance, Department erred in its preliminary respondents.5 As a result of the
International Trade Administration, determination by not excluding correction of the ministerial error, the
U.S. Department of Commerce, 1401 Dillinger France’s intra-company sales revised weighted-average dumping
Constitution Avenue NW., Washington, from its U.S. sales database, which margins are as follows:
DC 20230; telephone: (202) 482–1823 or resulted in the double-counting of these
(202) 482–1280, respectively. sales in the margin calculation. No other Weighted-
SUPPLEMENTARY INFORMATION: party commented on this issue. After average
comparing the ministerial error Exporter/manufacturer dumping
Background margin
allegation against the U.S. sales (percent)
On November 14, 2016, the databases, we agree with the respondent
Department published in the Federal that we inadvertently double-counted Dillinger France S.A ............. 6.43
Register the Preliminary Determination its intra-company U.S. sales. Industeel France S.A ............ 4.26
of CTL plate from France.1 On Additionally, we identified a further All Others .............................. 6.33
November 14, 2016, Dillinger France error in the preliminary determination
S.A., (Dillinger France) a respondent in margin calculation. Specifically, we Amended Cash Deposits and
this investigation, alleged that the inadvertently failed to cap certain Suspension of Liquidation
Department made a significant reported freight revenue and to offset
ministerial error in the Preliminary The collection of cash deposits and
the movement expenses by this
Determination.2 suspension of liquidation will be
additional capped freight revenue
revised according to the rates
Scope of the Investigation amount.
Pursuant to 19 CFR 351.224(g)(2), established in this amended preliminary
The product covered by this these errors are significant because their determination, in accordance with
investigation is CTL plate from France. correction results in a change of at least section 733(d) of the Tariff Act of 1930,
For a full description of the scope of this five absolute percentage points in, but as amended (the Act). Because these
investigation, see the ‘‘Scope of the not less than 25 percent of, the amended rates result in reduced cash
Investigation,’’ in Appendix I of this weighted-average dumping margin deposit rates, they will be effective
notice. calculated in the original preliminary retroactively to November 14, 2016, the
determination (i.e., change from a date of publication of the Preliminary
Significant Ministerial Error Determination.
weighted-average dumping margin of
A ministerial error is defined in 19 12.97 percent to 6.43 percent). International Trade Commission
CFR 351.224(f) as ‘‘an error in addition, Therefore, we are correcting these errors Notification
asabaliauskas on DSK3SPTVN1PROD with NOTICES
1 See Certain Carbon and Alloy Steel Cut-to-
and amending our preliminary
determination accordingly.4 In accordance with section 733(f) of
Length Plate From France: Preliminary
Determination of Sales at Less Than Fair Value and
the Act, we notified the International
Postponement of Final Determination, 81 FR 79437 3 See 19 CFR 351.224(g)(1) and (2).
(November 14, 2016) (Preliminary Determination). 4 See Memorandum to the File entitled 5 See, e.g., Welded Line Pipe from the Republic of
2 See letter from Dillinger France regarding, ‘‘Amended Preliminary Determination Margin Turkey: Final Determination of Sales at Less Than
‘‘Certain Carbon and Alloy Steel Cut-To-Length Calculation for Dillinger France S.A.’’ (Amended Fair Value, 80 FR 61362, 61363 (October 13, 2015).
Plate from France; Ministerial Error Allegation,’’ Preliminary Determination Memorandum), for For further discussion of the amended calculation
dated November 14, 2016 (Ministerial Error further discussion of our calculations for this of the all-others rate, see Amended Preliminary
Allegation Letter). amended preliminary determination. Determination Memorandum.
VerDate Sep<11>2014 17:55 Dec 01, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\02DEN1.SGM 02DEN1](https://thefederalregister.org/doc/81_FR_87251/page/1.svg)
![Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices 87021
(a) Made from Electric Arc Furnace melted, DEPARTMENT OF COMMERCE October 26, 2016, the Department
ladle refined & vacuum degassed, alloy steel initiated this changed circumstances
with the following chemical composition International Trade Administration review and published the notice of
(expressed in weight percentages): preliminary results, determining that
[A–469–805]
• Carbon 0.25–0.30, Sidenor is the successor-in-interest to
• Silicon not greater than 0.25, Notice of Final Results of Antidumping Gerdau.2
• Manganese not greater than 0.50,
Duty Changed Circumstances Review: Scope of the Order
• Nickel 3.0–3.5,
Stainless Steel Bar From Spain
• Sulfur not greater than 0.010, The merchandise subject to the order
• Phosphorus not greater than 0.020, AGENCY: Enforcement and Compliance, is SSB. The term SSB with respect to the
• Chromium 1.0–1.5, International Trade Administration, order means articles of stainless steel in
• Molybdenum 0.6–0.9, Department of Commerce. straight lengths that have been either
• Vanadium 0.08 to 0.12 SUMMARY: On October 26, 2016, the hot-rolled, forged, turned, cold-drawn,
• Boron 0.002–0.004, Department of Commerce (the
• Oxygen not greater than 20 ppm,
cold-rolled or otherwise cold-finished,
‘‘Department’’) published the notice of or ground, having a uniform solid cross
• Hydrogen not greater than 2 ppm, and initiation and preliminary results of the
• Nitrogen not greater than 60 ppm. section along their whole length in the
changed circumstances review of the shape of circles, segments of circles,
(b) Having cleanliness in accordance with
antidumping duty (‘‘AD’’) order on ovals, rectangles (including squares),
ASTM E45 method A (Thin and Heavy): A
stainless steel bar (‘‘SSB’’) from Spain. triangles, hexagons, octagons or other
not exceeding 1.0(t) and 0.5(h), B not
exceeding 1.5(t) and 1.0(h), C not exceeding
The Department preliminarily convex polygons. SSB includes cold-
1.0(t) and 0.5(h), and D not exceeding 1.5(t) determined that Sidenor Aceros finished SSBs that are turned or ground
and 1.0(h); Especiales S.L. (‘‘Sidenor’’) is the in straight lengths, whether produced
(c) Having the following mechanical successor-in-interest to Gerdau Aceros from hot-rolled bar or from straightened
properties: A Brinell hardness not less than Especiales Europa S.L. (‘‘Gerdau’’) for and cut rod or wire, and reinforcing bars
350 HBW measured in all parts of the purposes of the AD order and, as such, that have indentations, ribs, grooves, or
product including mid thickness; and having is entitled to Gerdau’s cash deposit rate other deformations produced during the
a Yield Strength of 145ksi or more and UTS with respect to entries of subject rolling process. Except as specified
160ksi or more, Elongation of 15% or more merchandise. We invited interested above, the term does not include
and Reduction of area 35% or more; having parties to comment on the Preliminary stainless steel semi-finished products,
charpy V at ¥40 degrees F in the transverse Results. As no parties submitted cut length flat-rolled products (i.e., cut
direction equal or greater than 20 ft. lbs comments, and there is no additional length rolled products which if less than
(single value) and equal or greater than 25 ft. information or evidence on the record, 4.75 mm in thickness have a width
lbs (average of 3 specimens); the Department is making no changes to measuring at least 10 times the
(d) Conforming to ASTM A578–S9 the Preliminary Results. thickness, or if 4.75 mm or more in
ultrasonic testing requirements with DATES: Effective December 2, 2016. thickness having a width which exceeds
acceptance criteria 3.2 mm flat bottom hole;
FOR FURTHER INFORMATION CONTACT: 150 mm and measures at least twice the
and
Ryan Mullen, AD/CVD Operations, thickness), wire (i.e., cold-formed
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301. Office V, Enforcement and Compliance, products in coils, of any uniform solid
The products subject to the investigation International Trade Administration, cross section along their whole length,
are currently classified in the Harmonized U.S. Department of Commerce, 1401 which do not conform to the definition
Tariff Schedule of the United States (HTSUS) Constitution Avenue NW., Washington, of flat-rolled products), and angles,
under item numbers: 7208.40.3030, DC 20230; telephone: (202) 482–5260. shapes and sections. The SSB subject to
7208.40.3060, 7208.51.0030, 7208.51.0045, SUPPLEMENTARY INFORMATION: the order is currently classifiable under
7208.51.0060, 7208.52.0000, 7211.13.0000, subheadings 7222.10.00, 7222.11.00,
7211.14.0030, 7211.14.0045, 7225.40.1110,
Background 7222.19.00, 7222.20.00, 7222.30.00 of
7225.40.1180, 7225.40.3005, 7225.40.3050, On September 6, 2016, Sidenor the Harmonized Tariff Schedule of the
7226.20.0000, and 7226.91.5000. informed the Department that, effective United States (‘‘HTSUS’’). Although the
The products subject to the investigation May 20, 2016, the following occurred: HTSUS subheading is provided for
may also enter under the following HTSUS (1) Gerdau S.A., the Brazilian owner of convenience and customs purposes, our
item numbers: 7208.40.6060, 7208.53.0000, Gerdau Holdings Europa S.A.U., written description of the scope of this
7208.90.0000, 7210.70.3000, 7210.90.9000, including its Spanish subsidiary investigation is dispositive.3
7211.19.1500, 7211.19.2000, 7211.19.4500, company Gerdau, sold its European
7211.19.6000, 7211.19.7590, 7211.90.0000, holdings to Clerbil S.L.; and (2) Clerbil Final Results of Changed
7212.40.1000, 7212.40.5000, 7212.50.0000, S.L. renamed Gerdau Holdings Europa Circumstances Review
7214.10.0000, 7214.30.0010, 7214.30.0080, S.A.U. to be Sidenor Holdings Europa Because no party submitted a case
7214.91.0015, 7214.91.0060, 7214.91.0090,
S.A.U.; and Gerdau, to be Sidenor, brief in response to the Department’s
7225.11.0000, 7225.19.0000, 7225.40.5110,
while leaving its operations mostly Preliminary Results, and because the
7225.40.5130, 7225.40.5160, 7225.40.7000,
unchanged.1 Citing section 751(b) of the record contains no other information or
7225.99.0010, 7225.99.0090, 7226.11.1000,
7226.11.9060, 7226.19.1000, 7226.19.9000, of the Tariff Act of 1930, as amended evidence that calls into question the
7226.91.0500, 7226.91.1530, 7226.91.1560, (‘‘the Act’’) and 19 CFR 351.216, Preliminary Results, the Department
asabaliauskas on DSK3SPTVN1PROD with NOTICES
7226.91.2530, 7226.91.2560, 7226.91.7000, Sidenor requested that the Department
2 See Stainless Steel Bar From Spain: Initiation
7226.91.8000, and 7226.99.0180. initiate a changed circumstances review
and Preliminary Results of Changed Circumstances
The HTSUS subheadings above are and determine that Sidenor is the Review, 81 FR 74401 (October 26, 2016)
provided for convenience and customs successor-in-interest to Gerdau. On (Preliminary Results).
purposes only. The written description of the 3 The HTSUS numbers provided in the scope
scope of the investigation is dispositive. 1 See Letter to the Secretary of Commerce from have changed since the publication of the order. See
Sidenor, ‘‘Stainless Steel Bar from Spain: Sidenor Amended Final Determination and Antidumping
[FR Doc. 2016–28983 Filed 12–1–16; 8:45 am] request for changed-circumstances review’’ Duty Order: Stainless Steel Bar From Spain, 60 FR
BILLING CODE 3510–DS–P (September 22, 2016) at 3–6. 11656 (March 2, 1995).
VerDate Sep<11>2014 17:55 Dec 01, 2016 Jkt 241001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\02DEN1.SGM 02DEN1](https://thefederalregister.org/doc/81_FR_87251/page/3.svg)
Document Created: 2018-02-14 09:01:52
Document Modified: 2018-02-14 09:01:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective December 2, 2016. | |
| Contact | Brandon Custard or Terre Keaton Stefanova, 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- 1823 or (202) 482-1280, respectively. | |
| FR Citation | 81 FR 87019 |
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