82 FR 16363 - Certain Carbon and Alloy Steel Cut-to-Length Plate From France: Final Determination of Sales at Less Than Fair Value
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 82, Issue 63 (April 4, 2017)
International Trade Administration
Federal Register Volume 82, Issue 63 (April 4, 2017)
| Page Range | 16363-16366 | |
| FR Document | 2017-06627 |
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)] [Notices] [Pages 16363-16366] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06627] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-427-828] Certain Carbon and Alloy Steel Cut-to-Length Plate From France: Final Determination of Sales at Less Than Fair Value AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that certain carbon and alloy steel cut-to-length plate (CTL plate) from France is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2015, through March 31, 2016. The final dumping margins of sales at LTFV are listed below in the ``Final Determination'' section of this notice. DATES: Effective April 4, 2017. 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 and (202) 482-1280, respectively. SUPPLEMENTARY INFORMATION: Background On November 14, 2016, the Department published the Preliminary [[Page 16364]] Determination of sales at LTFV of CTL plate from France.\1\ On December 2, 2016, we amended our Preliminary Determination.\2\ A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.\3\ --------------------------------------------------------------------------- \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 Certain Carbon and Alloy Steel Cut-to-Length Plate From France: Amended Preliminary Determination of Sales at Less Than Fair Value, 81 FR 87019 (December 2, 2016) (Amended Preliminary Determination). See also Certain Carbon and Alloy Steel Cut-to- Length Plate From France: Correction to the Amended Preliminary Determination of Sales at Less Than Fair Value, 81 FR 90780 (December 15, 2016). \3\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate From France,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The scope of the investigation covers CTL plate from France. For a complete description of the scope of the investigation, see Appendix I. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and it is available to all parties in the Central Records Unit, room B- 8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in November and December 2016, we conducted verification of the sales and cost information submitted by Dillinger France S.A. (Dillinger France) and Industeel France S.A. (Industeel) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Dillinger France and Industeel.\4\ --------------------------------------------------------------------------- \4\ For discussion of our verification findings, see the following memoranda: Memorandum, ``Verification of the Sales Response of Dillinger France S.A. in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate From France,'' dated December 22, 2016; Memorandum, ``Verification of Berg Steel Pipe Corp. in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate From France,'' dated December 30, 2017; Memorandum, ``Verification of Dillinger France S.A. in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate From France,'' dated January 12, 2017; Memorandum, ``Verification of the Cost Response of Industeel France S.A. in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate From France,'' dated January 17, 2017; Memorandum, ``Verification of the Sales Response of Industeel France S.A. (Industeel France) in the Antidumping Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate From France,'' dated January 19, 2017; and Memorandum, ``Verification of the Sales Response of Berg Steel Pipe Corp. in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate From France,'' dated January 25, 2017. --------------------------------------------------------------------------- Changes Since the Preliminary Determination Based on our analysis of the comments received and our findings at verification, we made certain changes to the margin calculation for Dillinger France. For a discussion of these changes, see the ``Margin Calculation'' section of the Issues and Decision Memorandum. Adverse Facts Available Due to its failures at verification, we determine that Industeel's data cannot serve as a reliable basis for reaching a determination in this investigation and that Industeel did not act to the best of its ability to comply with our requests for information. Therefore, we find it appropriate to apply adverse facts available (AFA), in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For further discussion, see the Issues and Decision Memorandum at Comment 2. We are able to corroborate the highest petition dumping margin of 148.02 percent to the extent practicable within the meaning of section 776(c) of the Act using the highest transaction-specific dumping margin calculated for Dillinger France and, thus, we assigned this dumping margin to Industeel as AFA. For further discussion, see the Issues and Decision Memorandum at Comment 2. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated all- others rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated excluding any zero or de minimis margins, and margins determined entirely under section 776 of the Act. Dillinger France is the only respondent for which the Department calculated a company-specific margin. Therefore, for purposes of determining the ``all-others'' rate and pursuant to section 735(c)(5)(A) of the Act, we are using the dumping margin calculated for Dillinger France, as referenced in the ``Final Determination'' section below. Final Determination The final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/manufacturer dumping margins (percent) ------------------------------------------------------------------------ Dillinger France S.A........................................ 8.62 Industeel France S.A........................................ 148.02 All Others.................................................. 8.62 ------------------------------------------------------------------------ Disclosure We will disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of CTL plate from France, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after November 14, 2016, the date of publication of the preliminary determination of this investigation in the Federal Register. Further, the Department will instruct CBP to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price as shown above. International Trade Commission (ITC) Notification In accordance with section 735(d) of the Act, we will notify the ITC of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is [[Page 16365]] affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of CTL plate from France no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders (APO) This notice serves as a reminder to parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act. Dated: March 29, 2017. Ronald K. Lorentzen, Acting 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 investigation; (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 [[Page 16366]] or more, Elongation of 18% or more and Reduction of area 35% or more; having charpy V at -75 degrees F in the longitudinal direction equal or greater than 15 ft. lbs (single value) and equal or greater than 20 ft. lbs (average of 3 specimens) and conforming to the requirements of NACE MR01-75; or (ii) With a Brinell hardness not less than 240 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or more and Reduction of area 30% or more; having charpy V at -40 degrees F in the longitudinal direction equal or greater than 21 ft. lbs (single value) and equal or greater than 31 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301; (7) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: (a) Made from Electric Arc Furnace melted, ladle refined & vacuum degassed, alloy steel with the following chemical composition (expressed in weight percentages): Carbon 0.25-0.30, Silicon not greater than 0.25, Manganese not greater than 0.50, Nickel 3.0-3.5, Sulfur not greater than 0.010, Phosphorus not greater than 0.020, Chromium 1.0-1.5, Molybdenum 0.6-0.9, Vanadium 0.08 to 0.12 Boron 0.002-0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm. (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not exceeding 1.5(t) and 1.0(h); (c) Having the following mechanical properties: A Brinell hardness not less than 350 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 145ksi or more and UTS 160ksi or more, Elongation of 15% or more and Reduction of area 35% or more; having charpy V at -40 degrees F in the transverse direction equal or greater than 20 ft. lbs (single value) and equal or greater than 25 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 7226.91.5000. The products subject to the investigation may also enter under the following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 7226.91.8000, and 7226.99.0180. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Use of Adverse Facts Available IV. Scope of the Investigation V. Scope Comments VI. Margin Calculations VII. Discussion of the Issues Comment 1: Differential Pricing Methodology Comment 2: Application of Adverse Facts Available for Industeel Comment 3: Moot Arguments for Induststeel Comment 4: Level of Trade for Dillinger France Comment 5: Home Market Affiliated Service Center Sales for Dillinger France Comment 6: Resale of Canceled U.S. Sale for Dillinger France Comment 7: Capping Freight Revenue for Berg Steel Pipe Corp.'s (BSPC's) Sales Comment 8: Capping BSPC's Revenues for Further Manufacturing by Associated Expenses Comment 9: Corrections to Dillinger France's Data to Account for Verification Findings Comment 10: Provision Expenses for Dillinger France Comment 11: Non-Prime Product Costs for Dillinger France Comment 12: Cost of Production for Inputs Purchased from Affiliates for Dillinger France Comment 13: Income Offsets to General and Administrative (G&A) Expenses for Dillinger France Comment 14: Further Manufacturing Verification Corrections for BSPC Comment 15: Further Manufacturing Scrap Offset for BSPC Comment 16: Further Manufacturing G&A Ratio Denominator for BSPC Comment 17: Further Manufacturing G&A Expense Ratio Calculation and Application for BSPC VIII. Recommendation [FR Doc. 2017-06627 Filed 4-3-17; 8:45 am] BILLING CODE 3510-DS-P
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(b) Having cleanliness in accordance with The products subject to the investigation 23. Descaling Product Characteristic for
ASTM E45 method A (Thin and Heavy): A are currently classified in the Harmonized Dillinger
not exceeding 1.5, B not exceeding 1.5, C not Tariff Schedule of the United States (HTSUS) 24. Interest Rate for Dillinger’s U.S. Credit
exceeding 1.0, D not exceeding 1.5; under item numbers: 7208.40.3030, Expenses
(c) Having the following mechanical 7208.40.3060, 7208.51.0030, 7208.51.0045, 25. Excluding Sales of Military Grade Plate
properties: 7208.51.0060, 7208.52.0000, 7211.13.0000, for Dillinger
(i) With a Brinell hardness not more than 7211.14.0030, 7211.14.0045, 7225.40.1110, 26. Payment Dates for Certain of Dillinger’s
237 HBW measured in all parts of the 7225.40.1180, 7225.40.3005, 7225.40.3050, Home Market and U.S. Sales
product including mid thickness; and having 7226.20.0000, and 7226.91.5000. 27. Corrections from Verification for
a Yield Strength of 75ksi min and UTS 95ksi The products subject to the investigation Dillinger
or more, Elongation of 18% or more and may also enter under the following HTSUS 28. Currency Conversions for Certain
Reduction of area 35% or more; having item numbers: 7208.40.6060, 7208.53.0000, Movement Expenses Reported for
charpy V at ¥75 degrees F in the 7208.90.0000, 7210.70.3000, 7210.90.9000, Dillinger’s U.S. Sales
longitudinal direction equal or greater than 7211.19.1500, 7211.19.2000, 7211.19.4500, 29. Inclusion of Interest Rate in the
15 ft. lbs (single value) and equal or greater 7211.19.6000, 7211.19.7590, 7211.90.0000, Affiliated Input Cost of Production for
than 20 ft. lbs (average of 3 specimens) and 7212.40.1000, 7212.40.5000, 7212.50.0000, Dillinger
conforming to the requirements of NACE 7214.10.0000, 7214.30.0010, 7214.30.0080, 30. Non-Prime Plate Product Costs for
MR01–75; or 7214.91.0015, 7214.91.0060, 7214.91.0090, Dillinger
(ii) With a Brinell hardness not less than 7225.11.0000, 7225.19.0000, 7225.40.5110, 31. Blast Furnace Coke Adjustment for
240 HBW measured in all parts of the 7225.40.5130, 7225.40.5160, 7225.40.7000, Dillinger
product including mid thickness; and having 7225.99.0010, 7225.99.0090, 7226.11.1000, 32. Dillinger’s Reported Affiliated Party
a Yield Strength of 90 ksi min and UTS 110 7226.11.9060, 7226.19.1000, 7226.19.9000, Costs
ksi or more, Elongation of 15% or more and 7226.91.0500, 7226.91.1530, 7226.91.1560, 33. G&A Expense Ratio Adjustment Related
Reduction of area 30% or more; having 7226.91.2530, 7226.91.2560, 7226.91.7000, to Services Obtained from an Affiliated
charpy V at ¥40 degrees F in the 7226.91.8000, and 7226.99.0180. Party for Dillinger
longitudinal direction equal or greater than The HTSUS subheadings above are 34. Cost Reconciliation Adjustments for
21 ft. lbs (single value) and equal or greater provided for convenience and customs Dillinger
than 31 ft. lbs (average of 3 specimens); purposes only. The written description of the VII. Recommendation
(d) Conforming to ASTM A578–S9 scope of the investigation is dispositive.
ultrasonic testing requirements with [FR Doc. 2017–06628 Filed 4–3–17; 8:45 am]
acceptance criteria 3.2 mm flat bottom hole;
Appendix II BILLING CODE 3510–DS–P
and
(e) Conforming to magnetic particle
List of Topics Discussed in the Issues and
inspection in accordance with AMS 2301; DEPARTMENT OF COMMERCE
Decision Memorandum
(7) Alloy forged and rolled steel CTL plate
over 407 mm in actual thickness and meeting I. Summary
the following requirements: II. Background International Trade Administration
(a) Made from Electric Arc Furnace melted, III. Scope of the Investigation [A–427–828]
ladle refined & vacuum degassed, alloy steel IV. Scope Comments
with the following chemical composition V. Margin Calculations Certain Carbon and Alloy Steel Cut-to-
(expressed in weight percentages): VI. Discussion of the Issues Length Plate From France: Final
• Carbon 0.25–0.30, 1. Differential Pricing Methodology
2. Application of Adverse Facts Available
Determination of Sales at Less Than
• Silicon not greater than 0.25, Fair Value
• Manganese not greater than 0.50, to Salzgitter
• Nickel 3.0–3.5, 3. Excluding Sales Produced by an AGENCY: Enforcement and Compliance,
• Sulfur not greater than 0.010, Unaffiliated Manufacturer for Salzgitter
International Trade Administration,
• Phosphorus not greater than 0.020, 4. Shipment Date for Salzgitter’s Export
Department of Commerce.
• Chromium 1.0–1.5, Price Sales
• Molybdenum 0.6–0.9, 5. Level of Trade for Salzgitter SUMMARY: The Department of Commerce
• Vanadium 0.08 to 0.12 6. Capping Freight Revenue for Berg Steel (the Department) determines that certain
• Boron 0.002–0.004, Pipe Corp.’s (BSPC’s) Sales carbon and alloy steel cut-to-length
• Oxygen not greater than 20 ppm, 7. Capping BSPC’s Revenues for Further plate (CTL plate) from France is being,
• Hydrogen not greater than 2 ppm, and Manufacturing by Associated Expenses or is likely to be, sold in the United
• Nitrogen not greater than 60 ppm. 8. Salzgitter’s Short-Term Euro-
States at less than fair value (LTFV). The
(b) Having cleanliness in accordance with Denominated Interest Rate
9. Treatment of Salzgitter Home Market period of investigation (POI) is April 1,
ASTM E45 method A (Thin and Heavy): A 2015, through March 31, 2016. The final
not exceeding 1.0(t) and 0.5(h), B not Resales of Further-Processed CTL Plate
exceeding 1.5(t) and 1.0(h), C not exceeding 10. Adding a Fabrication Product dumping margins of sales at LTFV are
1.0(t) and 0.5(h), and D not exceeding 1.5(t) Characteristic for Salzgitter listed below in the ‘‘Final
and 1.0(h); 11. Salzgitter Credit Expense Revisions at Determination’’ section of this notice.
(c) Having the following mechanical Verification DATES: Effective April 4, 2017.
properties: A Brinell hardness not less than 12. Salzgitter Home Market Revenue Items
13. MGB Underreported Costs FOR FURTHER INFORMATION CONTACT:
350 HBW measured in all parts of the Brandon Custard or Terre Keaton
product including mid thickness; and having 14. MGB Scrap Offset
a Yield Strength of 145ksi or more and UTS 15. Cost Adjustments for Other Salzgitter Stefanova, AD/CVD Operations, Office
160ksi or more, Elongation of 15% or more Manufacturing Entities II, Enforcement and Compliance,
and Reduction of area 35% or more; having 16. MGB’s G&A Ratio Denominator International Trade Administration,
17. Further Manufacturing General and U.S. Department of Commerce, 1401
asabaliauskas on DSK3SPTVN1PROD with NOTICES
charpy V at ¥40 degrees F in the transverse
direction equal or greater than 20 ft. lbs Administrative (G&A) Ratio Denominator Constitution Avenue NW., Washington,
(single value) and equal or greater than 25 ft. 18. Further Manufacturing Scrap Offset DC 20230; telephone: (202) 482–1823
lbs (average of 3 specimens); 19. Further Manufacturing Verification
Minor Corrections
and (202) 482–1280, respectively.
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with 20. Home Market Affiliated Service Center SUPPLEMENTARY INFORMATION:
acceptance criteria 3.2 mm flat bottom hole; Sales for Dillinger Background
and 21. Level of Trade for Dillinger
(e) Conforming to magnetic particle 22. Reassignment of Quality Codes for On November 14, 2016, the
inspection in accordance with AMS 2301. Dillinger Department published the Preliminary
VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1](https://thefederalregister.org/doc/82_FR_16426/page/1.svg)
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or more, Elongation of 18% or more and The products subject to the investigation DEPARTMENT OF COMMERCE
Reduction of area 35% or more; having may also enter under the following HTSUS
charpy V at ¥75 degrees F in the item numbers: 7208.40.6060, 7208.53.0000, International Trade Administration
longitudinal direction equal or greater than 7208.90.0000, 7210.70.3000, 7210.90.9000,
15 ft. lbs (single value) and equal or greater 7211.19.1500, 7211.19.2000, 7211.19.4500, [A–433–812]
than 20 ft. lbs (average of 3 specimens) and 7211.19.6000, 7211.19.7590, 7211.90.0000,
conforming to the requirements of NACE 7212.40.1000, 7212.40.5000, 7212.50.0000, Certain Carbon and Alloy Steel Cut-To-
MR01–75; or 7214.10.0000, 7214.30.0010, 7214.30.0080, Length Plate From Austria: Final
(ii) With a Brinell hardness not less than 7214.91.0015, 7214.91.0060, 7214.91.0090, Determination of Sales at Less Than
240 HBW measured in all parts of the 7225.11.0000, 7225.19.0000, 7225.40.5110, Fair Value and Final Affirmative
product including mid thickness; and having Determination of Critical
7225.40.5130, 7225.40.5160, 7225.40.7000,
a Yield Strength of 90 ksi min and UTS 110
ksi or more, Elongation of 15% or more and
7225.99.0010, 7225.99.0090, 7226.11.1000, Circumstances
7226.11.9060, 7226.19.1000, 7226.19.9000,
Reduction of area 30% or more; having AGENCY: Enforcement and Compliance,
charpy V at ¥40 degrees F in the 7226.91.0500, 7226.91.1530, 7226.91.1560,
7226.91.2530, 7226.91.2560, 7226.91.7000, International Trade Administration,
longitudinal direction equal or greater than
7226.91.8000, and 7226.99.0180. Commerce.
21 ft. lbs (single value) and equal or greater
The HTSUS subheadings above are SUMMARY: The Department of Commerce
than 31 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9 provided for convenience and customs (the Department) determines that certain
ultrasonic testing requirements with purposes only. The written description of the carbon and alloy steel cut-to-length
acceptance criteria 3.2 mm flat bottom hole; scope of the investigation is dispositive. plate (CTL plate) from Austria is being,
and or is likely to be, sold in the United
(e) Conforming to magnetic particle Appendix II
States at less than fair value (LTFV). In
inspection in accordance with AMS 2301; List of Topics Discussed in the Issues and addition, we determine that critical
(7) Alloy forged and rolled steel CTL plate Decision Memorandum circumstances exist with respect to
over 407 mm in actual thickness and meeting voestalpine, but not for all-other
I. Summary
the following requirements:
(a) Made from Electric Arc Furnace melted,
II. Background Austrian producers, imports, or exports
ladle refined & vacuum degassed, alloy steel III. Use of Adverse Facts Available of the subject merchandise. The period
with the following chemical composition IV. Scope of the Investigation of investigation (POI) is April 1, 2015,
(expressed in weight percentages): V. Scope Comments through March 31, 2016. The final
• Carbon 0.25–0.30, VI. Margin Calculations dumping margins of sales at LTFV are
• Silicon not greater than 0.25, VII. Discussion of the Issues listed below in the ‘‘Final
• Manganese not greater than 0.50, Comment 1: Differential Pricing
Determination’’ section of this notice.
• Nickel 3.0–3.5, Methodology
DATES: Effective April 4, 2017.
• Sulfur not greater than 0.010, Comment 2: Application of Adverse Facts
• Phosphorus not greater than 0.020, Available for Industeel FOR FURTHER INFORMATION CONTACT:
• Chromium 1.0–1.5, Comment 3: Moot Arguments for Edythe Artman or Madeline Heeren,
• Molybdenum 0.6–0.9, Induststeel AD/CVD Operations, Office IV,
• Vanadium 0.08 to 0.12 Comment 4: Level of Trade for Dillinger Enforcement and Compliance,
• Boron 0.002–0.004, France International Trade Administration,
• Oxygen not greater than 20 ppm, Comment 5: Home Market Affiliated U.S. Department of Commerce, 1401
• Hydrogen not greater than 2 ppm, and Service Center Sales for Dillinger France Constitution Avenue NW., Washington,
• Nitrogen not greater than 60 ppm. Comment 6: Resale of Canceled U.S. Sale DC 20230; telephone: (202) 482–3931
(b) Having cleanliness in accordance with for Dillinger France
ASTM E45 method A (Thin and Heavy): A and (202) 482–9179, respectively.
Comment 7: Capping Freight Revenue for
not exceeding 1.0(t) and 0.5(h), B not Berg Steel Pipe Corp.’s (BSPC’s) Sales SUPPLEMENTARY INFORMATION:
exceeding 1.5(t) and 1.0(h), C not exceeding Comment 8: Capping BSPC’s Revenues for
1.0(t) and 0.5(h), and D not exceeding 1.5(t)
Background
Further Manufacturing by Associated
and 1.0(h); Expenses On November 14, 2016, the
(c) Having the following mechanical Comment 9: Corrections to Dillinger Department published the Preliminary
properties: A Brinell hardness not less than France’s Data to Account for Verification Determination of sales at LTFV of CTL
350 HBW measured in all parts of the Findings plate from Austria.1 A summary of the
product including mid thickness; and having Comment 10: Provision Expenses for events that occurred since the
a Yield Strength of 145ksi or more and UTS Dillinger France
160ksi or more, Elongation of 15% or more Department published the Preliminary
Comment 11: Non-Prime Product Costs for Determination, as well as a full
and Reduction of area 35% or more; having Dillinger France
charpy V at ¥40 degrees F in the transverse discussion of the issues raised by parties
Comment 12: Cost of Production for Inputs
direction equal or greater than 20 ft. lbs for this final determination, may be
Purchased from Affiliates for Dillinger
(single value) and equal or greater than 25 ft.
France
found in the Issues and Decision
lbs (average of 3 specimens); Memorandum, which is hereby adopted
Comment 13: Income Offsets to General
(d) Conforming to ASTM A578–S9 by this notice.2
and Administrative (G&A) Expenses for
ultrasonic testing requirements with
Dillinger France
acceptance criteria 3.2 mm flat bottom hole; 1 See Certain Carbon and Alloy Steel Cut-to-
and Comment 14: Further Manufacturing
Verification Corrections for BSPC Length Plate from Austria: Preliminary
(e) Conforming to magnetic particle Determination of Sales at Less Than Fair Value and
inspection in accordance with AMS 2301. Comment 15: Further Manufacturing Scrap Postponement of the Final Determination, 81 FR
asabaliauskas on DSK3SPTVN1PROD with NOTICES
The products subject to the investigation Offset for BSPC 79416 (November 14, 2016) (Preliminary
are currently classified in the Harmonized Comment 16: Further Manufacturing G&A Determination).
Tariff Schedule of the United States (HTSUS) Ratio Denominator for BSPC 2 See Memorandum from Gary Taverman,
under item numbers: 7208.40.3030, Comment 17: Further Manufacturing G&A Associate Deputy Assistant Secretary for
Expense Ratio Calculation and Antidumping and Countervailing Duty Operations,
7208.40.3060, 7208.51.0030, 7208.51.0045, to Ronald K. Lorentzen, Acting Assistant Secretary
7208.51.0060, 7208.52.0000, 7211.13.0000, Application for BSPC
for Enforcement and Compliance, entitled ‘‘Issues
7211.14.0030, 7211.14.0045, 7225.40.1110, VIII. Recommendation
and Decision Memorandum for the Final
7225.40.1180, 7225.40.3005, 7225.40.3050, [FR Doc. 2017–06627 Filed 4–3–17; 8:45 am] Affirmative Determination in the Less-Than-Fair-
7226.20.0000, and 7226.91.5000. BILLING CODE 3510–DS–P Value Investigation of Certain Carbon and Alloy
VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1](https://thefederalregister.org/doc/82_FR_16426/page/4.svg)
Document Created: 2017-04-03 23:53:50
Document Modified: 2017-04-03 23:53:50
| 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 April 4, 2017. | |
| 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 and (202) 482-1280, respectively. | |
| FR Citation | 82 FR 16363 |
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