82 FR 16366 - Certain Carbon and Alloy Steel Cut-To-Length Plate From Austria: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances
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 | 16366-16369 | |
| FR Document | 2017-06634 |
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)] [Notices] [Pages 16366-16369] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06634] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-433-812] Certain Carbon and Alloy Steel Cut-To-Length Plate From Austria: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances AGENCY: Enforcement and Compliance, International Trade Administration, Commerce. SUMMARY: The Department of Commerce (the Department) determines that certain carbon and alloy steel cut-to-length plate (CTL plate) from Austria is being, or is likely to be, sold in the United States at less than fair value (LTFV). In addition, we determine that critical circumstances exist with respect to voestalpine, but not for all-other Austrian producers, imports, or exports of the subject merchandise. 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: Edythe Artman or Madeline Heeren, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3931 and (202) 482-9179, respectively. SUPPLEMENTARY INFORMATION: Background On November 14, 2016, the Department published the Preliminary Determination of sales at LTFV of CTL plate from Austria.\1\ 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.\2\ --------------------------------------------------------------------------- \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria: Preliminary Determination of Sales at Less Than Fair Value and Postponement of the Final Determination, 81 FR 79416 (November 14, 2016) (Preliminary Determination). \2\ See Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled ``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 Austria,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- [[Page 16367]] Scope of the Investigation The scope of the investigation covers CTL plate from Austria. 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 2016 through January 2017 we verified the sales and cost information submitted by voestalpine \3\ 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 voestalpine.\4\ --------------------------------------------------------------------------- \3\ In a Memorandum to Scot Fullerton, Director, Office VI, on the subject of the ``Less Than Fair Value Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate from Austria: Preliminary Affiliation and Collapsing Memorandum for voestalpine,'' dated November 4, 2016, we preliminarily determined that the following companies were affiliated and should be treated as a single entity for purposes of the investigation, pursuant to section 771(33)(F) of the Act: voestalpine Grobblech and voestalpine Steel Service Center GmbH, which are producers of carbon plate; Bohler Edelstahl GmbH & Co KG and Bohler Bleche GmbH & Co KG, producers of alloy plate; and Bohler International GmbH, a home-market sales affiliate (collectively voestalpine). The finding has not changed for the final determination and we refer to the collapsed entity as ``voestalpine'' throughout this notice. \4\ For discussion of our verification findings, see the following memoranda: Memorandum to the File from Madeline Heeren and Chelsey Simonovich, Analysts, AD/CVD Operations, Office VI, entitled ``Verification of the Sales Response of voestalpine Steel and Service Center GmbH (SSC) and Bohler Bleche GmbH & Co. KG (BBG) in the Antidumping Duty Investigation from Austria,'' dated February 9, 2017; Memorandum to the File from Edythe Artman, Madeline Heeren, and Chelsey Simonovich, Analysts, AD/CVD Operations, Office VI, entitled ``Verification of Bohler-Uddeholm Corporation in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria,'' dated February 9, 2017; Memorandum to the File from Milton Koch, Accountant, and Taija A. Slaughter, Supervisory Accountant, Office of Accounting, entitled ``Verification of the Cost Response of voestalpine AG in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria,'' dated January 30, 2017; and Memorandum to the File from Milton Koch, Accountant, and Taija A. Slaughter, Supervisory Accountant, entitled ``Verification of the Cost Response of voestalpine AG in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria,'' dated February 1, 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 calculations for voestalpine. For a discussion of these changes, see the ``Margin Calculations'' section of the Issues and Decision Memorandum. Final Affirmative Determination of Critical Circumstances For the Preliminary Determination, the Department found that critical circumstances exist with respect to imports of CTL plate from voestalpine and do not exist with respect to imports of CTL plate from the companies that are covered by the ``all others'' rate.\5\ Our analysis and conclusion concerning critical circumstances remain unchanged for our final determination. For further discussion, see the Issues and Decision Memorandum and Final Critical Circumstances Data Memo.\6\ --------------------------------------------------------------------------- \5\ See Preliminary Determination, and accompanying Preliminary Decision Memorandum at 23. \6\ See Memorandum to the File, ``Calculations for Final Determination of Critical Circumstances in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria,'' dated March 29, 2017 (Final Critical Circumstances Data Memo). --------------------------------------------------------------------------- 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. voestalpine is the only respondent for which the Department calculated a specific margin. Therefore, for purposes of calculating the ``all-others'' rate, and pursuant to section 735(c)(5)(A) of the Act, we are using the dumping margin calculated for voestalpine as the all-others rate, as referenced in the ``Final Determination'' section below. Final Determination The final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/manufacturer dumping margin (percent) ------------------------------------------------------------------------ Bohler Bleche GmbH & Co KG.................................. 53.72 Bohler Edelstahl GmbH & Co KG Bohler International GmbH voestalpine Grobblech GmbH voestalpine Steel Service Center GmbH All Others.................................................. 53.72 ------------------------------------------------------------------------ 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 Austria, 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. For entries made by voestalpine, in accordance with section 735(c)(4)(A) of the Act, because we continue to find that critical circumstances exist, we will instruct CBP to continue to suspend liquidation of all appropriate entries of CTL plate from Austria which were entered, or withdrawn from warehouse, for consumption on or after August 16, 2016, which is 90 days prior to 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 Comission (ITC) Notification In accordance with section 735(c)(1)(A) and (d) of the Act, we will notify the ITC of the final affirmative determination of sales at LTFV. Because the final determination in this [[Page 16368]] proceeding is 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 Austria 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) 320-350 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 [[Page 16369]] product including mid thickness; and having a Yield Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or more and Reduction of area 35% or more; having charpy V at -75 degrees F in the longitudinal direction equal or greater than 15 ft. lbs (single value) and equal or greater than 20 ft. lbs (average of 3 specimens) and conforming to the requirements of NACE MR01-75; or (ii) With a Brinell hardness not less than 240 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or more and Reduction of area 30% or more; having charpy V at -40 degrees F in the longitudinal direction equal or greater than 21 ft. lbs (single value) and equal or greater than 31 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301; (7) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: (a) Made from Electric Arc Furnace melted, ladle refined & vacuum degassed, alloy steel with the following chemical composition (expressed in weight percentages): Carbon 0.25-0.30, Silicon not greater than 0.25, Manganese not greater than 0.50, Nickel 3.0-3.5, Sulfur not greater than 0.010, Phosphorus not greater than 0.020, Chromium 1.0-1.5, Molybdenum 0.6-0.9, Vanadium 0.08 to 0.12 Boron 0.002-0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm. (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not exceeding 1.5(t) and 1.0(h); (c) Having the following mechanical properties: A Brinell hardness not less than 350 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 145ksi or more and UTS 160ksi or more, Elongation of 15% or more and Reduction of area 35% or more; having charpy V at -40 degrees F in the transverse direction equal or greater than 20 ft. lbs (single value) and equal or greater than 25 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 7226.91.5000. The products subject to the investigation may also enter under the following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 7226.91.8000, and 7226.99.0180. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Critical Circumstances IV. Scope of the Investigation V. Scope Comments VI. Margin Calculations VII. Discussion of the Issues 1. Product Characteristic and Model Matching Methodology 2. Collapsing of Companies by Division 3. Changes to Level of Trade Analysis 4. Use of Actual Weight Bases 5. Adjustment to Home Market Sales for Hub Fee 6. Calculation of U.S. Indirect Selling Expenses for Non- Further-Manufactured Products 7. Use of Revised Databases to Calculate Final Dumping Margin 8. Implementation of Verification Findings a. Reported Weight for a CEP Sale b. Cost Variances 9. BBG's Purchases from Affiliated Suppliers 10. Grobblech and SSC's Affiliated Supplier Purchases 11. Record Keeping Based on Country of Origin 12. Differential Pricing VIII. Recommendation [FR Doc. 2017-06634 Filed 4-3-17; 8:45 am] BILLING CODE 3510-DS-P
![16366 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
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_16429/page/1.svg)
![Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices 16369
product including mid thickness; and having 7225.40.1180, 7225.40.3005, 7225.40.3050, DEPARTMENT OF COMMERCE
a Yield Strength of 75ksi min and UTS 95ksi 7226.20.0000, and 7226.91.5000.
or more, Elongation of 18% or more and The products subject to the investigation International Trade Administration
Reduction of area 35% or more; having may also enter under the following HTSUS
charpy V at ¥75 degrees F in the [A–580–887]
item numbers: 7208.40.6060, 7208.53.0000,
longitudinal direction equal or greater than
7208.90.0000, 7210.70.3000, 7210.90.9000, Certain Carbon and Alloy Steel Cut-To-
15 ft. lbs (single value) and equal or greater
than 20 ft. lbs (average of 3 specimens) and 7211.19.1500, 7211.19.2000, 7211.19.4500, Length Plate From the Republic of
conforming to the requirements of NACE 7211.19.6000, 7211.19.7590, 7211.90.0000, Korea: Final Determination of Sales at
MR01–75; or 7212.40.1000, 7212.40.5000, 7212.50.0000,
Less Than Fair Value and Final
(ii) With a Brinell hardness not less than 7214.10.0000, 7214.30.0010, 7214.30.0080,
Negative Critical Circumstances
240 HBW measured in all parts of the 7214.91.0015, 7214.91.0060, 7214.91.0090,
product including mid thickness; and having
Determination
7225.11.0000, 7225.19.0000, 7225.40.5110,
a Yield Strength of 90 ksi min and UTS 110 7225.40.5130, 7225.40.5160, 7225.40.7000, AGENCY: Enforcement and Compliance,
ksi or more, Elongation of 15% or more and 7225.99.0010, 7225.99.0090, 7226.11.1000, International Trade Administration,
Reduction of area 30% or more; having 7226.11.9060, 7226.19.1000, 7226.19.9000,
charpy V at ¥40 degrees F in the
Department of Commerce.
7226.91.0500, 7226.91.1530, 7226.91.1560, SUMMARY: The Department of Commerce
longitudinal direction equal or greater than
21 ft. lbs (single value) and equal or greater 7226.91.2530, 7226.91.2560, 7226.91.7000, (the Department) determines that certain
than 31 ft. lbs (average of 3 specimens); 7226.91.8000, and 7226.99.0180. carbon and alloy steel cut-to-length
(d) Conforming to ASTM A578–S9 The HTSUS subheadings above are plate (CTL plate) from the Republic of
ultrasonic testing requirements with provided for convenience and customs Korea is being, or is likely to be, sold in
acceptance criteria 3.2 mm flat bottom hole; purposes only. The written description of the the United States at less than fair value
and scope of the investigation is dispositive. (LTFV). The period of investigation
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301; Appendix II (POI) is April 1, 2015, through March
(7) Alloy forged and rolled steel CTL plate 31, 2016. The final dumping margins of
List of Topics Discussed in the Issues and sales at LTFV are listed below in the
over 407 mm in actual thickness and meeting
Decision Memorandum ‘‘Final Determination’’ section of this
the following requirements:
(a) Made from Electric Arc Furnace melted, I. Summary notice.
ladle refined & vacuum degassed, alloy steel II. Background
with the following chemical composition
DATES: Effective April 4, 2017.
III. Critical Circumstances
(expressed in weight percentages): IV. Scope of the Investigation FOR FURTHER INFORMATION CONTACT:
• Carbon 0.25–0.30, V. Scope Comments Michael J. Heaney or Erin Kearney, AD/
• Silicon not greater than 0.25, VI. Margin Calculations CVD Operations, Office VI, Enforcement
• Manganese not greater than 0.50, and Compliance, International Trade
VII. Discussion of the Issues
• Nickel 3.0–3.5, Administration, U.S. Department of
• Sulfur not greater than 0.010, 1. Product Characteristic and Model
Matching Methodology Commerce, 1401 Constitution Avenue
• Phosphorus not greater than 0.020,
NW., Washington, DC 20230; telephone:
• Chromium 1.0–1.5, 2. Collapsing of Companies by Division
• Molybdenum 0.6–0.9, 3. Changes to Level of Trade Analysis (202) 482–4475 and (202) 482–0167,
• Vanadium 0.08 to 0.12 4. Use of Actual Weight Bases respectively.
• Boron 0.002–0.004, 5. Adjustment to Home Market Sales for SUPPLEMENTARY INFORMATION:
• Oxygen not greater than 20 ppm, Hub Fee
• Hydrogen not greater than 2 ppm, and 6. Calculation of U.S. Indirect Selling Background
• Nitrogen not greater than 60 ppm. Expenses for Non-Further-Manufactured On November 14, 2016, the
(b) Having cleanliness in accordance with Products
ASTM E45 method A (Thin and Heavy): A
Department published the Preliminary
7. Use of Revised Databases to Calculate Determination of sales at LTFV of CTL
not exceeding 1.0(t) and 0.5(h), B not
exceeding 1.5(t) and 1.0(h), C not exceeding Final Dumping Margin plate from the Republic of Korea.1 A
1.0(t) and 0.5(h), and D not exceeding 1.5(t) 8. Implementation of Verification Findings summary of the events that occurred
and 1.0(h); a. Reported Weight for a CEP Sale since the Department published the
(c) Having the following mechanical b. Cost Variances Preliminary Determination, as well as a
properties: A Brinell hardness not less than 9. BBG’s Purchases from Affiliated full discussion of the issues raised by
350 HBW measured in all parts of the Suppliers parties for this final determination, may
product including mid thickness; and having 10. Grobblech and SSC’s Affiliated be found in the Issues and Decision
a Yield Strength of 145ksi or more and UTS Supplier Purchases
160ksi or more, Elongation of 15% or more
Memorandum, which is hereby adopted
11. Record Keeping Based on Country of by this notice.2
and Reduction of area 35% or more; having Origin
charpy V at ¥40 degrees F in the transverse
12. Differential Pricing 1 See Certain Carbon and Alloy Steel Cut-to-
direction equal or greater than 20 ft. lbs
VIII. Recommendation Length Plate from the Republic of Korea:
(single value) and equal or greater than 25 ft.
[FR Doc. 2017–06634 Filed 4–3–17; 8:45 am] Affirmative Preliminary Determination of Sales at
lbs (average of 3 specimens); Less Than Fair Value and Postponement of Final
(d) Conforming to ASTM A578–S9 BILLING CODE 3510–DS–P Determination, 81 FR 79441 (November 14, 2016)
ultrasonic testing requirements with (Preliminary Determination).
acceptance criteria 3.2 mm flat bottom hole; 2 See Memorandum from Gary Taverman,
and
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Associate Deputy Assistant Secretary for
(e) Conforming to magnetic particle Antidumping and Countervailing Duty Operations,
inspection in accordance with AMS 2301. to Ronald K. Lorentzen, Acting Assistant Secretary
The products subject to the investigation for Enforcement and Compliance, entitled ‘‘Issues
are currently classified in the Harmonized and Decision Memorandum for the Final
Affirmative Determination and Final Negative
Tariff Schedule of the United States (HTSUS) Critical Circumstances Determination in the Less-
under item numbers: 7208.40.3030, Than-Fair-Value Investigation of Certain Carbon
7208.40.3060, 7208.51.0030, 7208.51.0045, and Alloy Steel Cut-to-Length Plate From the
7208.51.0060, 7208.52.0000, 7211.13.0000, Republic of Korea,’’ dated concurrently with this
7211.14.0030, 7211.14.0045, 7225.40.1110, notice (Issues and Decision Memorandum).
VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1](https://thefederalregister.org/doc/82_FR_16429/page/4.svg)
Document Created: 2017-04-03 23:53:15
Document Modified: 2017-04-03 23:53:15
| 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 | Edythe Artman or Madeline Heeren, AD/ CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3931 and (202) 482-9179, respectively. | |
| FR Citation | 82 FR 16366 |
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