82 FR 16378 - Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Final Determination of Sales at Less Than Fair Value and Final Determination of Critical Circumstances, in Part
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 | 16378-16381 | |
| FR Document | 2017-06626 |
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)] [Notices] [Pages 16378-16381] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06626] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-423-812] Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Final Determination of Sales at Less Than Fair Value and Final Determination of Critical Circumstances, in Part 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 Belgium 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 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: Andrew Medley or David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4987 and (202) 482- 3693, respectively. SUPPLEMENTARY INFORMATION: Background On November 14, 2016, the Department published the Preliminary Determination of sales at LTFV of CTL plate from Belgium.\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 Belgium: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 79431 (November 14, 2016) (Preliminary Determination). \2\ See Memorandum, ``Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate from Belgium,'' dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Scope of the Investigation The scope of the investigation covers CTL plate from Belgium. 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. [[Page 16379]] Verification As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), in November and December 2016, we verified the sales and cost information submitted by Industeel Belgium S.A. (Industeel), for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Industeel.\3\ --------------------------------------------------------------------------- \3\ For discussion of our verification findings, see the following memoranda: Memorandum, ``Less Than Fair Value Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate from Belgium: Verification of the Sales Responses of Industeel Belgium S.A.,'' dated January 18, 2017 and Memorandum, ``Verification of the Cost Response of Industeel Belgium S.A. (Industeel) in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate from Belgium,'' dated January 23, 2017. --------------------------------------------------------------------------- In addition, as provided in section 782(i) of the Act, in December 2016 and January 2017, we also attempted to verify the sales and cost information submitted by NLMK Belgium,\4\ using standard verification procedures. However, as explained in the Issues and Decision Memorandum, the Department was unable to validate the accuracy of NLMK Belgium's reporting.\5\ As a consequence, we find that NLMK Belgium's reported data are unverifiable, and, thus, cannot serve as a reliable basis for reaching a determination in this investigation. Specifically, because we encountered so many errors within NLMK Belgium's reported data at verification, and the submitted sales and cost information is integral to the proper evaluation of its margin calculation, we find that all of the information submitted by NLMK Belgium is unverifiable. For further discussion, see the Issues and Decision Memorandum at Comments 8-12. --------------------------------------------------------------------------- \4\ In the preliminary determination, the Department determined to collapse, and treat as a single entity, NLMK Clabecq S.A., NLMK Plate Sales S.A., NLMK Sales Europe S.A., NLMK Manage Steel Center S.A., and NLMK La Louviere S.A. (collectively, NLMK Belgium). No party has challenged this determination. Thus, we continue to find, for the final determination, that the five NLMK companies should be collapsed and treated as a single entity, NLMK Belgium. \5\ For discussion of our verification findings, see the following memoranda: Memorandum, ``Verification of the Sales Response of NLMK Belgium in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate from Belgium,'' dated January 30, 2017; Memorandum, ``Verification of the Sales Response of North America Plate LLC in the Antidumping Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate from Belgium,'' dated January 30, 2017; and Memorandum, ``Verification of the Cost Response of NLMK Clabecq SA in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate from Belgium,'' dated January 11, 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 Industeel. For a discussion of these changes, see 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 Industeel and NLMK Belgium, and do not exist with respect to companies covered by the ``all others'' rate.\6\ We modified our critical circumstances findings for the final determination. For further discussion, see the Issues and Decision Memorandum at ``Critical Circumstances.'' Thus, pursuant to section 735(a)(3)(B) of the Act, and 19 CFR 351.206(h)(1)-(2), we find that critical circumstances exist with respect to subject merchandise produced or exported by NLMK Belgium and for ``all others,'' but not for Industeel. --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- Adverse Facts Available Due to its failures at verification, we determine that NLMK Belgium's data cannot serve as a reliable basis for reaching a determination in this investigation and that NLMK Belgium did not act to the best of its ability to comply with our requests for information. Therefore, we find it appropriate to apply adverse facts available (AFA), in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308, to NLMK Belgium. For further discussion, see the Issues and Decision Memorandum at Comment 11. We are able to corroborate the highest petition dumping margin of 51.78 percent to the extent practicable within the meaning of section 776(c) of the Act using the highest transaction-specific dumping margins calculated for Industeel and, thus, we assigned this dumping margin to NLMK Belgium as AFA. For further discussion, see the Issues and Decision Memorandum at ``Use of Adverse Facts Available.'' 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. Industeel is the only respondent for which the Department calculated a company-specific margin. Therefore, for purposes of determining the ``all-others'' rate and pursuant to section 735(c)(5)(A) of the Act, we are using the dumping margin calculated for Industeel, as referenced in the ``Final Determination'' section below. Final Determination The final weighted-average dumping margins are as follows: ------------------------------------------------------------------------ Weighted-average Exporter/manufacturer dumping margins (percent) ------------------------------------------------------------------------ Industeel Belgium S.A................................ 5.40 NLMK Clabecq S.A., NLMK Plate Sales S.A., NLMK Sales 51.78 Europe S.A., NLMK Manage Steel Center S.A., and/or NLMK La Louviere S.A................................ All Others........................................... 5.40 ------------------------------------------------------------------------ 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 [[Page 16380]] will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of CTL plate from Belgium, 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 NLMK Belgium, in accordance with section 735(c)(4)(B) 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 Belgium 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. Additionally, for entries made by the companies covered by the ``all others'' rate, in accordance with section 735(c)(4)(B) of the Act, because we find that critical circumstances exist, we will instruct CBP to suspend liquidation of all appropriate entries of CTL plate from Belgium 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. Because the Department did not find critical circumstances to exist for Industeel, we will instruct CBP to liquidate all entries, without regard to duties, which entered prior to November 14, 2016, the date of publication of the Preliminary Determination. Further, the Department will instruct CBP to require a cash deposit equal to the estimated amount by which the normal value exceeds the U.S. price, as shown above. International Trade Commission (ITC) Notification In accordance with section 735(d) of the Act, we will notify the ITC of the final affirmative determination of sales at LTFV. Because the final determination in this proceeding is 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 Belgium 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; [[Page 16381]] (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 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 IV. Critical Circumstances V. Scope of the Investigation VI. Scope Comments VII. Margin Calculations VIII. Discussion of Issues Industeel 1. Differential Pricing Methodology 2. Industeel's Misreported International Freight Expenses 3. Whether Certain of Industeel's U.S. sales were Made Outside the Course of Ordinary Trade 4. Date of Sale for Industeel's U.S. Sales and Application of Partial AFA 5. Industeel's Correction Presented During the Cost Verification 6. Affiliated Party Transactions 7. Including Interest Expense in the Minor Input Calculation NLMK Belgium 8. Date of Sale for NLMK Belgium's U.S. Direct Shipments 9. Product Characteristics and Control Numbers for NLMK Belgium 10. Sales by Manage 11. Total AFA for NLMK Belgium 12. Other NLMK Belgium Adjustments IX. Recommendation [FR Doc. 2017-06626 Filed 4-3-17; 8:45 am] BILLING CODE 3510-DS-P
![16378 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
multiple-tiered fee schedule allows ITA process this annual affirmation will be DATES: Effective April 4, 2017.
to offer organizations with lower similar for all companies, regardless of FOR FURTHER INFORMATION CONTACT:
revenue a lower fee. In setting the five size. Andrew Medley or David Crespo, AD/
tiers, ITA considered, in conjunction CVD Operations, Office II, Enforcement
Conclusion
with the factors mentioned above: (1) and Compliance, International Trade
The Small Business Administration’s Based on the information provided Administration, U.S. Department of
guidance on identifying small and above, ITA believes that the revised Commerce, 1401 Constitution Avenue
medium enterprises (SMEs) in various Privacy Shield cost recovery fees are NW., Washington, DC 20230; telephone:
industries most likely to participate in consistent with the objective of OMB
(202) 482–4987 and (202) 482–3693,
the Privacy Shield, such as computer Circular A–25 to ‘‘promote efficient
respectively.
services, software and information allocation of the nation’s resources by
services; (2) the likelihood that small establishing charges for special benefits SUPPLEMENTARY INFORMATION:
companies would be expected to receive provided to the recipient that are at least Background
less personal data and thereby use fewer as great as the cost to the U.S.
government resources; and (3) the Government of providing the special On November 14, 2016, the
likelihood that companies with higher benefits . . .’’ OMB Circular A–25(5)(b). Department published the Preliminary
revenue would have more customers ITA is providing the public with the Determination of sales at LTFV of CTL
whose data they process, which would opportunity to comment on the fee plate from Belgium.1 A summary of the
use more government resources schedule, and it will consider these events that occurred since the
dedicated to administering and comments when it next reassesses the Department published the Preliminary
overseeing Privacy Shield. For example, fee schedule. As noted in the Cost Determination, as well as a full
if a company holds more data it could Recovery Fee Schedule for the EU–U.S. discussion of the issues raised by parties
reasonably produce more questions and Privacy Shield Framework, published for this final determination, may be
complaints from consumers and EU and September 30, 2016 (81 FR 267293), ITA found in the Issues and Decision
Swiss Data Protection Authorities will conduct its next fee reassessment Memorandum, which is hereby adopted
(DPAs). ITA has committed to after August 1, 2017, at the conclusion by this notice.2
facilitating the resolution of individual of the first year of implementation of the Scope of the Investigation
complaints and to communicating with Privacy Shield. ITA will continue to
the FTC and the DPAs regarding conduct reassessments thereafter at least The scope of the investigation covers
consumer complaints. Lastly, the fee every two years, in accordance with CTL plate from Belgium. For a complete
increases between the tiers are based in OMB Circular A–25. description of the scope of the
part on projected program costs and investigation, see Appendix I.
Dated: March 28, 2017.
estimated participation levels among Alysha Taylor, Analysis of Comments Received
companies within each tier. Acting Deputy Assistant Secretary for
As noted above, the revised fee All issues raised in the case and
Services, Industry & Analysis, International rebuttal briefs by parties in this
schedule recoups the costs to ITA for Trade Administration, U.S. Department of
operating and maintaining Privacy investigation are addressed in the Issues
Commerce.
Shield. Organizations seeking to join the and Decision Memorandum. A list of
[FR Doc. 2017–06437 Filed 4–3–17; 8:45 am]
Swiss–U.S. Privacy Shield Framework the issues raised is attached to this
BILLING CODE 3510–DR–P
may do so beginning on April 12, 2017, notice as Appendix II. The Issues and
through Privacyshield.gov. ITA has Decision Memorandum is a public
taken into account efficiencies and document and is on file electronically
DEPARTMENT OF COMMERCE
economies of scale experienced when via Enforcement and Compliance’s
organizations participate in both International Trade Administration Antidumping and Countervailing Duty
Frameworks by providing a 50 percent Centralized Electronic Service System
[A–423–812] (ACCESS). ACCESS is available to
discount off the second Framework and
requiring organizations to synchronize registered users at https://
Certain Carbon and Alloy Steel Cut-To-
their recertifications. The added cost of access.trade.gov, and it is available to
Length Plate From Belgium: Final
joining a second Framework reflects the all parties in the Central Records Unit,
Determination of Sales at Less Than
additional expenses incurred, including, room B–8024 of the main Department of
Fair Value and Final Determination of
but not limited to, for communications Commerce building. In addition, a
Critical Circumstances, in Part
with DPAs and Web site infrastructure complete version of the Issues and
and development, as well as the AGENCY: Enforcement and Compliance, Decision Memorandum can be accessed
additional costs of cooperating and International Trade Administration, directly at http://enforcement.trade.gov/
communicating separately with the EU Department of Commerce. frn/index.html. The signed and
and Swiss representatives and SUMMARY: The Department of Commerce electronic versions of the Issues and
governments. (the Department) determines that certain Decision Memorandum are identical in
The fee applied to organizations that carbon and alloy steel cut-to-length content.
withdraw from Privacy Shield but plate (CTL plate) from Belgium is being,
maintain data is meant to cover the or is likely to be, sold in the United 1 See Certain Carbon and Alloy Steel Cut-To-
programmatic costs associated with States at less than fair value (LTFV). In Length Plate from Belgium: Preliminary
asabaliauskas on DSK3SPTVN1PROD with NOTICES
addition, we determine that critical Determination of Sales at Less Than Fair Value and
ITA’s processing of such organizations’ Postponement of Final Determination, 81 FR 79431
annual affirmation of commitment to circumstances exist with respect to (November 14, 2016) (Preliminary Determination).
continue to apply the Privacy Shield imports of the subject merchandise. The 2 See Memorandum, ‘‘Issues and Decision
Framework Principles to the personal period of investigation (POI) is April 1, Memorandum for the Final Affirmative
information they received while 2015, through March 31, 2016. The final Determination in the Less-Than-Fair-Value
Investigation of Certain Carbon and Alloy Steel Cut-
participating in the Privacy Shield. The dumping margins of sales at LTFV are to-Length Plate from Belgium,’’ dated concurrently
flat fee is based on the expectation that listed below in the ‘‘Final with, and hereby adopted by, this notice (Issues and
government resources required to Determination’’ section of this notice. Decision Memorandum).
VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1](https://thefederalregister.org/doc/82_FR_16441/page/1.svg)
![Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices 16381
(4) CTL plate meeting the requirements of a Yield Strength of 90 ksi min and UTS 110 7225.99.0010, 7225.99.0090, 7226.11.1000,
ASTM A–829, Grade E 4340 that are over 305 ksi or more, Elongation of 15% or more and 7226.11.9060, 7226.19.1000, 7226.19.9000,
mm in actual thickness; Reduction of area 30% or more; having 7226.91.0500, 7226.91.1530, 7226.91.1560,
(5) Alloy forged and rolled CTL plate charpy V at ¥40 degrees F in the 7226.91.2530, 7226.91.2560, 7226.91.7000,
greater than or equal to 152.4 mm in actual longitudinal direction equal or greater than 7226.91.8000, and 7226.99.0180.
thickness meeting each of the following 21 ft. lbs (single value) and equal or greater The HTSUS subheadings above are
requirements: than 31 ft. lbs (average of 3 specimens); provided for convenience and customs
(a) Electric furnace melted, ladle refined & (d) Conforming to ASTM A578–S9 purposes only. The written description of the
vacuum degassed and having a chemical ultrasonic testing requirements with scope of the investigation is dispositive.
composition (expressed in weight acceptance criteria 3.2 mm flat bottom hole;
percentages): and Appendix II
• Carbon 0.23–0.28, (e) Conforming to magnetic particle List of Topics Discussed in the Issues and
• Silicon 0.05–0.20, inspection in accordance with AMS 2301; Decision Memorandum
• Manganese 1.20–1.60, (7) Alloy forged and rolled steel CTL plate
I. Summary
• Nickel not greater than 1.0, over 407 mm in actual thickness and meeting
II. Background
• Sulfur not greater than 0.007, the following requirements:
III. Use of Adverse Facts Available
• Phosphorus not greater than 0.020, (a) Made from Electric Arc Furnace melted,
IV. Critical Circumstances
• Chromium 1.0–2.5, ladle refined & vacuum degassed, alloy steel
V. Scope of the Investigation
• Molybdenum 0.35–0.80, with the following chemical composition
VI. Scope Comments
• Boron 0.002–0.004, (expressed in weight percentages):
VII. Margin Calculations
• Oxygen not greater than 20 ppm, • Carbon 0.25–0.30,
VIII. Discussion of Issues
• Hydrogen not greater than 2 ppm, and • Silicon not greater than 0.25,
Industeel
• Nitrogen not greater than 60 ppm; • Manganese not greater than 0.50,
1. Differential Pricing Methodology
(b) With a Brinell hardness measured in all • Nickel 3.0–3.5,
2. Industeel’s Misreported International
parts of the product including mid thickness • Sulfur not greater than 0.010,
Freight Expenses
falling within one of the following ranges: • Phosphorus not greater than 0.020,
3. Whether Certain of Industeel’s U.S. sales
(i) 270–300 HBW, • Chromium 1.0–1.5, were Made Outside the Course of
(ii) 290–320 HBW, or • Molybdenum 0.6–0.9, Ordinary Trade
(iii) 320–350 HBW; • Vanadium 0.08 to 0.12, 4. Date of Sale for Industeel’s U.S. Sales
(c) Having cleanliness in accordance with • Boron 0.002–0.004, and Application of Partial AFA
ASTM E45 method A (Thin and Heavy): A • Oxygen not greater than 20 ppm, 5. Industeel’s Correction Presented During
not exceeding 1.5, B not exceeding 1.0, C not • Hydrogen not greater than 2 ppm, and the Cost Verification
exceeding 0.5, D not exceeding 1.5; and • Nitrogen not greater than 60 ppm. 6. Affiliated Party Transactions
(d) Conforming to ASTM A578–S9 (b) Having cleanliness in accordance with 7. Including Interest Expense in the Minor
ultrasonic testing requirements with ASTM E45 method A (Thin and Heavy): A Input Calculation
acceptance criteria 2 mm flat bottom hole; not exceeding 1.0(t) and 0.5(h), B not NLMK Belgium
(6) Alloy forged and rolled steel CTL plate exceeding 1.5(t) and 1.0(h), C not exceeding 8. Date of Sale for NLMK Belgium’s U.S.
over 407 mm in actual thickness and meeting 1.0(t) and 0.5(h), and D not exceeding 1.5(t) Direct Shipments
the following requirements: and 1.0(h); 9. Product Characteristics and Control
(a) Made from Electric Arc Furnace melted, (c) Having the following mechanical Numbers for NLMK Belgium
Ladle refined & vacuum degassed, alloy steel properties: A Brinell hardness not less than 10. Sales by Manage
with the following chemical composition 350 HBW measured in all parts of the 11. Total AFA for NLMK Belgium
(expressed in weight percentages): product including mid thickness; and having 12. Other NLMK Belgium Adjustments
• Carbon 0.23–0.28, a Yield Strength of 145ksi or more and UTS IX. Recommendation
• Silicon 0.05–0.15, 160ksi or more, Elongation of 15% or more
[FR Doc. 2017–06626 Filed 4–3–17; 8:45 am]
• Manganese 1.20–1.50, and Reduction of area 35% or more; having
• Nickel not greater than 0.4, charpy V at ¥40 degrees F in the transverse BILLING CODE 3510–DS–P
• Sulfur not greater than 0.010, direction equal or greater than 20 ft. lbs
• Phosphorus not greater than 0.020, (single value) and equal or greater than 25 ft.
• Chromium 1.20–1.50, lbs (average of 3 specimens); DEPARTMENT OF DEFENSE
• Molybdenum 0.35–0.55, (d) Conforming to ASTM A578–S9
• Boron 0.002–0.004, ultrasonic testing requirements with Office of the Secretary
• Oxygen not greater than 20 ppm, acceptance criteria 3.2 mm flat bottom hole;
• Hydrogen not greater than 2 ppm, and and Defense Business Board; Notice of
• Nitrogen not greater than 60 ppm; (e) Conforming to magnetic particle Federal Advisory Committee Meeting
(b) Having cleanliness in accordance with inspection in accordance with AMS 2301.
ASTM E45 method A (Thin and Heavy): A The products subject to the investigation AGENCY: Deputy Chief Management
not exceeding 1.5, B not exceeding 1.5, C not are currently classified in the Harmonized Officer, Department of Defense.
exceeding 1.0, D not exceeding 1.5; Tariff Schedule of the United States (HTSUS) ACTION: Notice of Federal Advisory
(c) Having the following mechanical under item numbers: 7208.40.3030,
Committee meeting.
properties: 7208.40.3060, 7208.51.0030, 7208.51.0045,
(i) With a Brinell hardness not more than 7208.51.0060, 7208.52.0000, 7211.13.0000, SUMMARY: The Department of Defense
237 HBW measured in all parts of the 7211.14.0030, 7211.14.0045, 7225.40.1110, (DoD) is publishing this notice to
product including mid thickness; and having 7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
announce that the following Federal
a Yield Strength of 75ksi min and UTS 95ksi
or more, Elongation of 18% or more and The products subject to the investigation Advisory Committee meeting of the
Reduction of area 35% or more; having may also enter under the following HTSUS Defense Business Board will take place.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
charpy V at ¥75 degrees F in the item numbers: 7208.40.6060, 7208.53.0000, DATES: Open to the public Thursday,
longitudinal direction equal or greater than 7208.90.0000, 7210.70.3000, 7210.90.9000, April 20, 2017 from 10:30 a.m. to 11:15
15 ft. lbs (single value) and equal or greater 7211.19.1500, 7211.19.2000, 7211.19.4500, a.m.
than 20 ft. lbs (average of 3 specimens) and 7211.19.6000, 7211.19.7590, 7211.90.0000, ADDRESSES: The address for the open
conforming to the requirements of NACE 7212.40.1000, 7212.40.5000, 7212.50.0000,
MR01–75; or 7214.10.0000, 7214.30.0010, 7214.30.0080,
meeting is Room 3E863 in the Pentagon,
(ii) With a Brinell hardness not less than 7214.91.0015, 7214.91.0060, 7214.91.0090, Washington, DC.
240 HBW measured in all parts of the 7225.11.0000, 7225.19.0000, 7225.40.5110, FOR FURTHER INFORMATION CONTACT:
product including mid thickness; and having 7225.40.5130, 7225.40.5160, 7225.40.7000, Roma Laster, (703) 695–7563 (Voice),
VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1](https://thefederalregister.org/doc/82_FR_16441/page/4.svg)
Document Created: 2017-04-03 23:53:59
Document Modified: 2017-04-03 23:53:59
| 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 | Andrew Medley or David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4987 and (202) 482- 3693, respectively. | |
| FR Citation | 82 FR 16378 |
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