82 FR 16372 - Certain Carbon and Alloy Steel Cut-To-Length Plate From Taiwan: Final Determination of Sales at Less Than Fair Value and Final Negative 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 | 16372-16375 | |
| FR Document | 2017-06703 |
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)] [Notices] [Pages 16372-16375] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06703] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-583-858] Certain Carbon and Alloy Steel Cut-To-Length Plate From Taiwan: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances 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 Taiwan 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 do not exist with respect to imports 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: Davina Friedmann or Tyler Weinhold, 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) 482-0698 and (202) 482-1121, respectively. SUPPLEMENTARY INFORMATION: Background On November 14, 2016, the Department published the Preliminary Determination of sales at LTFV of CTL plate from Taiwan.\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 [[Page 16373]] Memorandum, which is hereby adopted by this notice.\2\ --------------------------------------------------------------------------- \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate From France: Preliminary Determination of Sales at Less Than Fair Value, 81 FR 79420 (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, ``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 Taiwan,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The scope of the investigation covers CTL plate from Taiwan. 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, and in January 2017, we verified the sales and cost information submitted by China Steel Corporation (China Steel) and Shang Chen Steel Co., Ltd. (Shang Chen) 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 China Steel and Shang Chen.\3\ --------------------------------------------------------------------------- \3\ For discussion of our verification findings, see the following memoranda: For China Steel, see Memorandum to the File from Tyler Weinhold, Davina Friedmann, and Tom Bellhouse, Case Analysts, AD/CVD Operations, Office VI, entitled ``Verification of the Sales Responses of China Steel corp. in the Investigation on Certain Carbon and Alloy Steel Cut-to-Length Plate From France,'' dated February 15, 2017 (China Steel Sales Verification Report); and Memorandum to Neal Halper from Gary Urso, Senior Accountant, Office of Accounting, entitled ``Verification of the Cost Response of China Steel Corporation in the Antidumping Duty Investigation of Carbon and Alloy Steel Cut-to-Length Plate from Taiwan,'' dated February 9, 2017 (China Steel Cost Verification Report). For Shang Chen, see Memorandum to the File from Davina Friedmann, Tyler Weinhold, and Tom Bellhouse, Case Analysts, AD/CVD Operations, Office VI, entitled ``Verification of the Sales Responses of Shang Chen Steel Co., Ltd. in the Investigation on Certain Carbon and Alloy Steel Cut-to-Length Plate from Taiwan,'' dated February 9, 2017 (Shang Chen Sales Verification Report); Memorandum to Neal Halper File, Director of Accounting, from Lakshmi Jones Accountant, Office of Accounting, entitled ``Verification of the Cost of Production (COP) and Constructed Value (CV) Response of Shang Chen Steel Co. Ltd. (SCS) in the antidumping duty investigation of Cut-to-Length Plate from Taiwan,'' dated January 26, 2017 (Shang Chen Cost Verification Report). --------------------------------------------------------------------------- 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 China Steel and Shang Chen. For a discussion of these changes, see the ``Margin Calculations'' section of the Issues and Decision Memorandum. Final Determination of Negative Critical Circumstances For the Preliminary Determination, the Department found that critical circumstances existed with respect to imports of CTL plate from China Steel and the companies that are covered by the ``all others'' rate, but did not exist for imports from Shang Chen.\4\ We modified our critical circumstances findings for China Steel and the companies that are covered by the ``all others'' rate for the final determination. For further discussion, see the Issues and Decision Memorandum at Comment 11. Thus, pursuant to section 735(a)(3) of the Act and 19 CFR 351.206, we find that critical circumstances do not exist with respect to subject merchandise produced or exported by China Steel, Shang Chen, or the companies that are covered by the ``all others'' rate. --------------------------------------------------------------------------- \4\ See Preliminary Determination, and accompanying Preliminary Decision Memorandum at 4 to 5. --------------------------------------------------------------------------- Adverse Facts Available In making this final determination, the Department relied, in part, on facts available for China Steel and Shang Chen. Furthermore, because China Steel and Shang Chen did not act to the best of their ability in responding to certain of the Department's requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.\5\ For further information, see the accompanying Issues and Decision Memorandum. --------------------------------------------------------------------------- \5\ See sections 776(a) and (b) of the Act. --------------------------------------------------------------------------- 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. For the final determination, the Department calculated the ``all others'' rate based on a simple average of China Steel's and Shang Chen's margins.\6\ --------------------------------------------------------------------------- \6\ Because we did not have useable publicly-ranged data on the record, we based the all others rate on the simple average of the mandatory respondents' margins. --------------------------------------------------------------------------- Final Determination The final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted- average Exporter/manufacturer dumping margin (percent) ------------------------------------------------------------------------ China Steel Corporation..................................... 6.95 Shang Chen Steel Co., Ltd................................... 3.62 All Others.................................................. 5.29 ------------------------------------------------------------------------ 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 Taiwan, 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. 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. Further, because our final critical circumstances determination is negative, in accordance with section 735(c)(3) of the Act, we will instruct CBP to terminate the retroactive suspension of liquidation ordered at the Preliminary Determination for China [[Page 16374]] Steel and ``all other'' companies and to release any bond or security and refund any cash deposits required with respect to entries covered by the retroactive suspension of liquidation. International Trade Comission (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 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, [[Page 16375]] 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. 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 a. China Steel b. Shang Chen IV. Scope of the Investigation V. Scope Comments VI. Affiliations and Collapsing VII. Margin Calculations VIII. Discussion of Issues a. China Steel 1. Whether to Apply Total Adverse Facts Available to China Steel 2. China Steel Excluded Operating Costs 3. China Steel Under-Reported Prime Merchandise 4. China Steel Under-Reported G&A Expenses 5. China Steel Under-Reported Interest Expenses 6. China Steel Improperly Reduced COGS 7. China Steel Date of Sale 8. China Steel Home Market Post-Sale Price Adjustments 9. China Steel Destination Codes 10. China Steel Packing Expenses 11. Critical Circumstances 12. Alleged Errors in China Steel Verification Report b. Shang Chen 13. Total Adverse Facts Available for Shang Chen 14. Adjustments to the Reported Per-Unit Cost of Manufacturing 15. Shang Chen General and Administrative Expenses 16. Shang Chen Scrap Offset 17. Quarterly Cost Data 18. Shang Chen Differential Pricing Analysis 19. Shang Chen Date of Sale 20. Shang Chen Sales-Related Revenues 21. Shang Chen Reported Packing Cost 22. Alleged Error in Shang Chen's Margin Calculation Program IX. Recommendation [FR Doc. 2017-06703 Filed 4-3-17; 8:45 am] BILLING CODE 3510-DS-P
![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_16435/page/1.svg)
![Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices 16375
• Molybdenum 0.35–0.55, (d) Conforming to ASTM A578–S9 15. Shang Chen General and
• Boron 0.002–0.004, ultrasonic testing requirements with Administrative Expenses
• Oxygen not greater than 20 ppm, acceptance criteria 3.2 mm flat bottom hole; 16. Shang Chen Scrap Offset
• Hydrogen not greater than 2 ppm, and and 17. Quarterly Cost Data
• Nitrogen not greater than 60 ppm; (e) Conforming to magnetic particle 18. Shang Chen Differential Pricing
(b) Having cleanliness in accordance with inspection in accordance with AMS 2301. Analysis
ASTM E45 method A (Thin and Heavy): A The products subject to the investigation 19. Shang Chen Date of Sale
not exceeding 1.5, B not exceeding 1.5, C not are currently classified in the Harmonized 20. Shang Chen Sales-Related Revenues
exceeding 1.0, D not exceeding 1.5; Tariff Schedule of the United States (HTSUS) 21. Shang Chen Reported Packing Cost
(c) Having the following mechanical under item numbers: 7208.40.3030, 22. Alleged Error in Shang Chen’s Margin
properties: 7208.40.3060, 7208.51.0030, 7208.51.0045, Calculation Program
(i) With a Brinell hardness not more than 7208.51.0060, 7208.52.0000, 7211.13.0000, IX. Recommendation
237 HBW measured in all parts of the 7211.14.0030, 7211.14.0045, 7225.40.1110,
[FR Doc. 2017–06703 Filed 4–3–17; 8:45 am]
product including mid thickness; and having 7225.40.1180, 7225.40.3005, 7225.40.3050,
a Yield Strength of 75ksi min and UTS 95ksi 7226.20.0000, and 7226.91.5000. BILLING CODE 3510–DS–P
or more, Elongation of 18% or more and The products subject to the investigation
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, DEPARTMENT OF COMMERCE
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, International Trade Administration
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, [Docket No.: 170301219–7219–01]
MR01–75; or 7214.10.0000, 7214.30.0010, 7214.30.0080, RIN 0625–XC029
(ii) With a Brinell hardness not less than 7214.91.0015, 7214.91.0060, 7214.91.0090,
240 HBW measured in all parts of the 7225.11.0000, 7225.19.0000, 7225.40.5110, Amendment to the Privacy Shield Cost
product including mid thickness; and having 7225.40.5130, 7225.40.5160, 7225.40.7000, Recovery Fees
a Yield Strength of 90 ksi min and UTS 110 7225.99.0010, 7225.99.0090, 7226.11.1000,
ksi or more, Elongation of 15% or more and 7226.11.9060, 7226.19.1000, 7226.19.9000, AGENCY: International Trade
Reduction of area 30% or more; having 7226.91.0500, 7226.91.1530, 7226.91.1560, Administration, U.S. Department of
charpy V at ¥40 degrees F in the 7226.91.2530, 7226.91.2560, 7226.91.7000, Commerce.
longitudinal direction equal or greater than 7226.91.8000, and 7226.99.0180.
21 ft. lbs (single value) and equal or greater ACTION: Notice of amendment to the
The HTSUS subheadings above are
than 31 ft. lbs (average of 3 specimens); provided for convenience and customs Privacy Shield cost recovery program
(d) Conforming to ASTM A578–S9 purposes only. The written description of the fees, with request for comments.
ultrasonic testing requirements with scope of the investigation is dispositive.
acceptance criteria 3.2 mm flat bottom hole; SUMMARY: Consistent with the
and Appendix II guidelines in OMB Circular A–25, the
(e) Conforming to magnetic particle U.S. Department of Commerce’s
inspection in accordance with AMS 2301; List of Topics Discussed in the Issues and International Trade Administration
(7) Alloy forged and rolled steel CTL plate Decision Memorandum (ITA) is revising the fee schedule
over 407 mm in actual thickness and meeting implemented on August 1, 2016. On
I. Summary
the following requirements: January 12, 2017, the Swiss Government
II. Background
(a) Made from Electric Arc Furnace melted,
ladle refined & vacuum degassed, alloy steel
III. Use of Adverse Facts Available announced the approval of the Swiss-
with the following chemical composition
a. China Steel U.S. Privacy Shield Framework as a
b. Shang Chen valid legal mechanism to comply with
(expressed in weight percentages):
IV. Scope of the Investigation Swiss requirements when transferring
• Carbon 0.25–0.30,
V. Scope Comments
• Silicon not greater than 0.25, personal data from Switzerland to the
VI. Affiliations and Collapsing
• Manganese not greater than 0.50, United States. For more detailed
VII. Margin Calculations
• Nickel 3.0–3.5, information on the Swiss-U.S. Privacy
VIII. Discussion of Issues
• Sulfur not greater than 0.010, Shield Framework and the
a. China Steel
• Phosphorus not greater than 0.020, announcement, please see https://
1. Whether to Apply Total Adverse Facts
• Chromium 1.0–1.5,
• Molybdenum 0.6–0.9,
Available to China Steel www.privacyshield.gov/Program-
• Vanadium 0.08 to 0.12
2. China Steel Excluded Operating Costs Overview.
3. China Steel Under-Reported Prime This notice revises the Privacy Shield
• Boron 0.002–0.004,
Merchandise fee structure to incorporate the Swiss-
• Oxygen not greater than 20 ppm,
4. China Steel Under-Reported G&A
• Hydrogen not greater than 2 ppm, and U.S. Privacy Shield Framework in
Expenses
• Nitrogen not greater than 60 ppm. addition to the existing EU–U.S. Privacy
5. China Steel Under-Reported Interest
(b) Having cleanliness in accordance with Shield Framework. This is to support
Expenses
ASTM E45 method A (Thin and Heavy): A the operation of both the EU–U.S. and
6. China Steel Improperly Reduced COGS
not exceeding 1.0(t) and 0.5(h), B not Swiss-U.S. Privacy Shield Frameworks
7. China Steel Date of Sale
exceeding 1.5(t) and 1.0(h), C not exceeding
8. China Steel Home Market Post-Sale Price (Privacy Shield).
1.0(t) and 0.5(h), and D not exceeding 1.5(t)
Adjustments DATES: These fees are effective April 12,
and 1.0(h);
9. China Steel Destination Codes 2017. Comments must be received by
(c) Having the following mechanical
10. China Steel Packing Expenses
properties: A Brinell hardness not less than May 4, 2017.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
11. Critical Circumstances
350 HBW measured in all parts of the ADDRESSES: You may submit comments
12. Alleged Errors in China Steel
product including mid thickness; and having by either of the following methods:
Verification Report
a Yield Strength of 145ksi or more and UTS
b. Shang Chen • Federal eRulemaking Portal:
160ksi or more, Elongation of 15% or more
and Reduction of area 35% or more; having
13. Total Adverse Facts Available for www.Regulations.gov. The identification
Shang Chen number is ITA–2017–0001.
charpy V at ¥40 degrees F in the transverse
direction equal or greater than 20 ft. lbs
14. Adjustments to the Reported Per-Unit • Postal Mail/Commercial Delivery to
Cost of Manufacturing Joshua Blume, Department of
(single value) and equal or greater than 25 ft.
lbs (average of 3 specimens); Commerce, International Trade
VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1](https://thefederalregister.org/doc/82_FR_16435/page/4.svg)
Document Created: 2017-04-03 23:53:35
Document Modified: 2017-04-03 23:53:35
| 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 | Davina Friedmann or Tyler Weinhold, 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) 482-0698 and (202) 482-1121, respectively. | |
| FR Citation | 82 FR 16372 |
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