82 FR 16369 - Certain Carbon and Alloy Steel Cut-To-Length Plate From the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Negative Critical Circumstances Determination
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 | 16369-16372 | |
| FR Document | 2017-06631 |
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)] [Notices] [Pages 16369-16372] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06631] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-580-887] Certain Carbon and Alloy Steel Cut-To-Length Plate From the Republic of Korea: Final Determination of Sales at Less Than Fair Value and Final Negative Critical Circumstances Determination 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 the Republic of Korea 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: Michael J. Heaney or Erin Kearney, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4475 and (202) 482-0167, respectively. SUPPLEMENTARY INFORMATION: Background On November 14, 2016, the Department published the Preliminary Determination of sales at LTFV of CTL plate from the Republic of Korea.\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 the Republic of Korea: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 79441 (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 and Final Negative Critical Circumstances Determination in the Less-Than-Fair- Value Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- [[Page 16370]] Scope of the Investigation The scope of the investigation covers CTL plate from the Republic of Korea. 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 December 2016 and February 2017, we verified the sales and cost information submitted by POSCO and POSCO Daewoo (collectively POSCO) 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 POSCO.\3\ --------------------------------------------------------------------------- \3\ For discussion of our verification findings, see the following memoranda: Memorandum to the File from Kalsang Dorjee, Staff Accountant, Through Ernest Z. Gziryan, Lead Accountant to Neal Halper Director, Office of Accounting, Office II, entitled ``Verification of the Cost Response of POSCO and Daewoo International Corporation in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate from Korea,'' dated January 12, 2016; Memorandum to the File from Michael J. Heaney, and Moses Song, Analysts, AD/CVD Operations, Office VI, entitled ``Verification of the Sales Response of POSCO/Daewoo International Corporation in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate (CTL Plate) from the Republic of Korea,'' dated February 14, 2017; Memorandum from Michael J. Heaney to the File entitled ``Verification of the Sales Response of Daewoo Corporation America (DWA) in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate (CTL Plate) from the Republic of Korea,'' dated February 14, 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 POSCO. For a discussion of these changes, see the ``Margin Calculations'' section of the Issues and Decision Memorandum. Final Negative Determination of Critical Circumstances On July 26, 2016, the petitioners \4\ timely filed a critical circumstances allegation, pursuant to section 733(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical circumstances exist with respect to imports of CTL plate from Korea.\5\ The Department preliminarily determined that critical circumstances did not exist with respect to POSCO and all-other producers/exporters from Korea.\6\ We received no comments concerning our Preliminary Critical Circumstances Determination. Accordingly, our analysis and conclusion concerning critical circumstances remain unchanged for our final determination. --------------------------------------------------------------------------- \4\ The petitioners are ArcelorMittal USA LLC, Nucor Corporation, and SSAB Enterprises, LLC. \5\ See Letter from the petitioners, ``Re: Certain Carbon and Alloy Steel Cut-To-Length Plate from Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey: Critical Circumstances Allegations,'' dated July 26, 2016. \6\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey; Antidumping and Countervailing Duty Investigations: Preliminary Determinations of Critical Circumstances, 81 FR 61666 (September 7, 2016) (Preliminary Critical Circumstances Determination). --------------------------------------------------------------------------- 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. POSCO is the only respondent for which the Department calculated a company-specific margin. Therefore, for purposes of determining the ``all-others'' rate and in accordance with section 735(c)(5)(A) of the Act, we are using the dumping margin calculated for POSCO, as referenced in the ``Final Determination'' section below.\7\ --------------------------------------------------------------------------- \7\ In accordance with the scope of this investigation, the application of POSCO's antidumping rate to all-other producers/ exporters applies only to subject CTL plate not within the physical description of cut-to-length carbon quality steel plate in the Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Orders: Certain Cut-to-Length Carbon-Quality Steel Plate Products from France, India, Indonesia, Italy, Japan, and the Republic of Korea 65 FR 6585 (February 10, 2000) (1999 Korea AD Order). --------------------------------------------------------------------------- Also, as indicated by the scope of the investigation, at the time of the filing of the petition, there was an existing antidumping duty order on certain cut-to-length carbon-quality steel plate from Korea.\8\ The scope of the instant investigation covers only: (1) Subject CTL plate not within the physical description of cut-to-length carbon quality steel plate in the 1999 Korea AD Order regardless of producer or exporter; and (2) CTL plate produced and/or exported by those companies that were excluded or revoked from the 1999 Korea AD Order as of April 8, 2016. The only revoked or excluded company is POSCO. --------------------------------------------------------------------------- \8\ See 1999 Korea AD Order. --------------------------------------------------------------------------- Final Determination The final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/manufacturer dumping margins (percent) ------------------------------------------------------------------------ POSCO....................................................... 7.39 All Others.................................................. 7.39 ------------------------------------------------------------------------ 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 the Republic of Korea, 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 Comission (ITC) Notification In accordance with section 735(d) of the Act, we will notify the ITC of the [[Page 16371]] final affirmative determination of sales at LTFV. Because the final determination in this 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 the Republic of Korea 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 unless the product is already covered by an order existing on that specific country (i.e., Certain Hot Rolled Steel Flat Products from Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Amended Final Affirmative Antidumping Determination for Australia, the Republic of Korea, and the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 (October 3, 2016), 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, [[Page 16372]] Sulfur not greater than 0.010, Phosphorus not greater than 0.020, Chromium 1.20-1.50, Molybdenum 0.35-0.55, Boron 0.002-0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm; (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not exceeding 1.0, D not exceeding 1.5; (c) Having the following mechanical properties: (i) With a Brinell hardness not more than 237 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or more and Reduction of area 35% or more; having charpy V at -75 degrees F in the longitudinal direction equal or greater than 15 ft. lbs (single value) and equal or greater than 20 ft. lbs (average of 3 specimens) and conforming to the requirements of NACE MR01-75; or (ii) With a Brinell hardness not less than 240 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or more and Reduction of area 30% or more; having charpy V at -40 degrees F in the longitudinal direction equal or greater than 21 ft. lbs (single value) and equal or greater than 31 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301; (7) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: (a) Made from Electric Arc Furnace melted, ladle refined & vacuum degassed, alloy steel with the following chemical composition (expressed in weight percentages): Carbon 0.25-0.30, Silicon not greater than 0.25, Manganese not greater than 0.50, Nickel 3.0-3.5, Sulfur not greater than 0.010, Phosphorus not greater than 0.020, Chromium 1.0-1.5, Molybdenum 0.6-0.9, Vanadium 0.08 to 0.12, Boron 0.002-0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm. (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not exceeding 1.5(t) and 1.0(h); (c) Having the following mechanical properties: A Brinell hardness not less than 350 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 145ksi or more and UTS 160ksi or more, Elongation of 15% or more and Reduction of area 35% or more; having charpy V at -40 degrees F in the transverse direction equal or greater than 20 ft. lbs (single value) and equal or greater than 25 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. At the time of the filing of the petition, there was an existing antidumping duty order on certain cut-to-length carbon-quality steel plate products from Korea. See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cut-To-Length Carbon-Quality Steel Plate Products from Korea, 64 FR 73,196 (Dep't Commerce Dec. 29, 1999), as amended, 65 FR 6,585 (Dep't Commerce Feb 10, 2000) (1999 Korea AD Order). The scope of the antidumping duty investigation with regard to cut-to-length plate from Korea covers only (1) subject cut-to-length plate not within the physical description of cut-to-length carbon quality steel plate in the 1999 Korea AD Order, regardless of producer or exporter; and (2) cut-to- length plate produced and/or exported by those companies that were excluded or revoked from the 1999 Korea AD Order as of April 8, 2016. The only revoked or excluded company is Pohang Iron and Steel Company, also known as POSCO. 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. Scope of the Investigation IV. Scope Comments V. Margin Calculations VI. Discussion of the Issues 1. Differential Pricing 2. Whether POSCO Cost Reporting Merits Use of Adverse Facts Available 3. Expenses Related to Greenhouse Gas Emissions Program 4. Investment Activities 5. Litigation Expenses 6. POSCO Sales of CONNUM Used in Line Pipe Applications 7. Collapsing 8. Calculation of POSCO Freight Cap 9. Whether to Grant POSCO a CEP Offset VII. Recommendation [FR Doc. 2017-06631 Filed 4-3-17; 8:45 am] BILLING CODE 3510-DS-P
![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_16432/page/1.svg)
![16372 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
• Sulfur not greater than 0.010, direction equal or greater than 20 ft. lbs 5. Litigation Expenses
• Phosphorus not greater than 0.020, (single value) and equal or greater than 25 ft. 6. POSCO Sales of CONNUM Used in Line
• Chromium 1.20–1.50, lbs (average of 3 specimens); Pipe Applications
• Molybdenum 0.35–0.55, (d) Conforming to ASTM A578–S9 7. Collapsing
• Boron 0.002–0.004, ultrasonic testing requirements with 8. Calculation of POSCO Freight Cap
• Oxygen not greater than 20 ppm, acceptance criteria 3.2 mm flat bottom hole; 9. Whether to Grant POSCO a CEP Offset
• Hydrogen not greater than 2 ppm, and and VII. Recommendation
• Nitrogen not greater than 60 ppm; (e) Conforming to magnetic particle
[FR Doc. 2017–06631 Filed 4–3–17; 8:45 am]
(b) Having cleanliness in accordance with inspection in accordance with AMS 2301.
At the time of the filing of the petition, BILLING CODE 3510–DS–P
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.5, B not exceeding 1.5, C not there was an existing antidumping duty order
exceeding 1.0, D not exceeding 1.5; on certain cut-to-length carbon-quality steel
(c) Having the following mechanical plate products from Korea. See Notice of DEPARTMENT OF COMMERCE
properties: Final Determination of Sales at Less Than
(i) With a Brinell hardness not more than Fair Value: Certain Cut-To-Length Carbon- International Trade Administration
237 HBW measured in all parts of the Quality Steel Plate Products from Korea, 64
product including mid thickness; and having FR 73,196 (Dep’t Commerce Dec. 29, 1999), [A–583–858]
a Yield Strength of 75ksi min and UTS 95ksi as amended, 65 FR 6,585 (Dep’t Commerce
or more, Elongation of 18% or more and Feb 10, 2000) (1999 Korea AD Order). The Certain Carbon and Alloy Steel Cut-To-
Reduction of area 35% or more; having scope of the antidumping duty investigation Length Plate From Taiwan: Final
charpy V at ¥75 degrees F in the with regard to cut-to-length plate from Korea Determination of Sales at Less Than
longitudinal direction equal or greater than covers only (1) subject cut-to-length plate not Fair Value and Final Negative
15 ft. lbs (single value) and equal or greater within the physical description of cut-to- Determination of Critical
than 20 ft. lbs (average of 3 specimens) and length carbon quality steel plate in the 1999 Circumstances
conforming to the requirements of NACE Korea AD Order, regardless of producer or
MR01–75; or exporter; and (2) cut-to-length plate produced AGENCY: Enforcement and Compliance,
(ii) With a Brinell hardness not less than and/or exported by those companies that International Trade Administration,
240 HBW measured in all parts of the were excluded or revoked from the 1999
Department of Commerce.
product including mid thickness; and having Korea AD Order as of April 8, 2016. The only
a Yield Strength of 90 ksi min and UTS 110 revoked or excluded company is Pohang Iron SUMMARY: The Department of Commerce
ksi or more, Elongation of 15% or more and and Steel Company, also known as POSCO. (the Department) determines that certain
Reduction of area 30% or more; having The products subject to the investigation carbon and alloy steel cut-to-length
charpy V at ¥40 degrees F in the are currently classified in the Harmonized plate (CTL plate) from Taiwan is being,
longitudinal direction equal or greater than Tariff Schedule of the United States (HTSUS) or is likely to be, sold in the United
21 ft. lbs (single value) and equal or greater under item numbers: 7208.40.3030,
States at less than fair value (LTFV). In
than 31 ft. lbs (average of 3 specimens); 7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7211.13.0000, addition, we determine that critical
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with 7211.14.0030, 7211.14.0045, 7225.40.1110, circumstances do not exist with respect
acceptance criteria 3.2 mm flat bottom hole; 7225.40.1180, 7225.40.3005, 7225.40.3050, to imports of the subject merchandise.
and 7226.20.0000, and 7226.91.5000. The period of investigation (POI) is
(e) Conforming to magnetic particle The products subject to the investigation April 1, 2015, through March 31, 2016.
inspection in accordance with AMS 2301; may also enter under the following HTSUS The final dumping margins of sales at
(7) Alloy forged and rolled steel CTL plate item numbers: 7208.40.6060, 7208.53.0000, LTFV are listed below in the ‘‘Final
over 407 mm in actual thickness and meeting 7208.90.0000, 7210.70.3000, 7210.90.9000,
Determination’’ section of this notice.
the following requirements: 7211.19.1500, 7211.19.2000, 7211.19.4500,
(a) Made from Electric Arc Furnace melted, 7211.19.6000, 7211.19.7590, 7211.90.0000, DATES: Effective April 4, 2017.
ladle refined & vacuum degassed, alloy steel 7212.40.1000, 7212.40.5000, 7212.50.0000, FOR FURTHER INFORMATION CONTACT:
with the following chemical composition 7214.10.0000, 7214.30.0010, 7214.30.0080, Davina Friedmann or Tyler Weinhold,
(expressed in weight percentages): 7214.91.0015, 7214.91.0060, 7214.91.0090, AD/CVD Operations, Office VI,
• Carbon 0.25–0.30, 7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000,
Enforcement and Compliance,
• Silicon not greater than 0.25, International Trade Administration,
• Manganese not greater than 0.50, 7225.99.0010, 7225.99.0090, 7226.11.1000,
7226.11.9060, 7226.19.1000, 7226.19.9000, U.S. Department of Commerce, 1401
• Nickel 3.0–3.5,
7226.91.0500, 7226.91.1530, 7226.91.1560, Constitution Avenue NW., Washington,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020, 7226.91.2530, 7226.91.2560, 7226.91.7000, DC 20230; telephone: (202) 482–0698
• Chromium 1.0–1.5, 7226.91.8000, and 7226.99.0180. and (202) 482–1121, respectively.
• Molybdenum 0.6–0.9, The HTSUS subheadings above are
SUPPLEMENTARY INFORMATION:
• Vanadium 0.08 to 0.12, provided for convenience and customs
• Boron 0.002–0.004, purposes only. The written description of the Background
• Oxygen not greater than 20 ppm, scope of the investigation is dispositive.
On November 14, 2016, the
• Hydrogen not greater than 2 ppm, and Appendix II Department published the Preliminary
• Nitrogen not greater than 60 ppm.
List of Topics Discussed in the Issues and Determination of sales at LTFV of CTL
(b) Having cleanliness in accordance with
Decision Memorandum plate from Taiwan.1 A summary of the
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.0(t) and 0.5(h), B not I. Summary events that occurred since the
exceeding 1.5(t) and 1.0(h), C not exceeding II. Background Department published the Preliminary
1.0(t) and 0.5(h), and D not exceeding 1.5(t) III. Scope of the Investigation Determination, as well as a full
asabaliauskas on DSK3SPTVN1PROD with NOTICES
and 1.0(h); IV. Scope Comments discussion of the issues raised by parties
(c) Having the following mechanical V. Margin Calculations for this final determination, may be
properties: A Brinell hardness not less than VI. Discussion of the Issues found in the Issues and Decision
350 HBW measured in all parts of the 1. Differential Pricing
product including mid thickness; and having 2. Whether POSCO Cost Reporting Merits 1 See Certain Carbon and Alloy Steel Cut-to-
a Yield Strength of 145ksi or more and UTS Use of Adverse Facts Available Length Plate From France: Preliminary
160ksi or more, Elongation of 15% or more 3. Expenses Related to Greenhouse Gas Determination of Sales at Less Than Fair Value, 81
and Reduction of area 35% or more; having Emissions Program FR 79420 (November 14, 2016) (Preliminary
charpy V at -40 degrees F in the transverse 4. Investment Activities Determination).
VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1](https://thefederalregister.org/doc/82_FR_16432/page/4.svg)
Document Created: 2017-04-03 23:53:44
Document Modified: 2017-04-03 23:53:44
| 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 | Michael J. Heaney or Erin Kearney, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4475 and (202) 482-0167, respectively. | |
| FR Citation | 82 FR 16369 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR