82_FR_24203 82 FR 24103 - Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Countervailing Duty Order

82 FR 24103 - Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 100 (May 25, 2017)

Page Range24103-24105
FR Document2017-10756

Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (the ITC), the Department is issuing a countervailing duty (CVD) order on certain carbon and alloy steel cut-to-length plate (CTL plate) from the Republic of Korea (Korea).

Federal Register, Volume 82 Issue 100 (Thursday, May 25, 2017)
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24103-24105]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10756]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-888]


Certain Carbon and Alloy Steel Cut-to-Length Plate From the 
Republic of Korea: Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (the 
ITC), the Department is issuing a countervailing duty (CVD) order on 
certain carbon and alloy steel cut-to-length plate (CTL plate) from the 
Republic of Korea (Korea).

DATES: May 25, 2017.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas at (202) 482-3813 or 
John Corrigan (202) 482-7438, AD/CVD Operations, Office VI, Enforcement 
and Compliance, International Trade

[[Page 24104]]

Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with sections 705(d) and 777(i) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.210(c), on April 4, 2017, 
the Department published its affirmative final determination in the CVD 
investigation of CTL plate from Korea.\1\ On May 18, 2017, the ITC 
notified the Department of its affirmative determination, pursuant to 
section 705(d) of the Act, that an industry in the United States is 
materially injured within the meaning of section 705(b)(1)(A)(i) of the 
Act by reason of subsidized imports of CTL plate from Korea.\2\
---------------------------------------------------------------------------

    \1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from 
the Republic of Korea: Final Affirmative Countervailing Duty 
Determination and Final Negative Critical Circumstances 
Determination, 82 FR 16341 (April 4, 2017) (Final Determination), 
and accompanying Issues and Decision Memorandum.
    \2\ See Letter from ITC concerning Carbon and Alloy Steel Cut-
to-Length Plate from Austria, Belgium, France, Germany, Italy, 
Japan, Korea, and Taiwan, USITC Investigation Nos. 701-TA-561 and 
731-TA-1317-1318, 1321-1325, and 1327 (Final), USITC Publication 
701-560 (May 2017).
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Scope of the Order

    The merchandise covered by this order is CTL plate from Korea. For 
a complete description of the scope of the order, see Appendix I.

Countervailing Duty Order

    As stated above, on May 18, 2017, in accordance with sections 
705(b)(1)(A)(i), and 705(d) of the Act, the ITC notified the Department 
of its determination that the industry in the United States producing 
CTL plate is materially injured by reason of subsidized imports of CTL 
plate from Korea.\3\ Therefore, in accordance with section 705(c)(2) of 
the Act, we are issuing this CVD order.
---------------------------------------------------------------------------

    \3\ Id.
---------------------------------------------------------------------------

    Because the Department's preliminary determination in the 
underlying investigation was negative, we did not instruct U.S Customs 
and Border Protection (CBP) to suspend liquidation of entries of CTL 
plate from Korea.\4\ The Department's final determination was 
affirmative, and therefore, we directed CBP to suspend liquidation.\5\ 
Therefore, we will direct CBP to assess, upon further instruction by 
the Department, countervailing duties on unliquidated entries of CTL 
plate entered, or withdrawn from warehouse, for consumption on or after 
April 4, 2017, the date on which the Department published its Final 
Determination in the Federal Register.
---------------------------------------------------------------------------

    \4\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the Republic of Korea: Preliminary Negative Countervailing Duty 
Determination and Alignment of Final Determination with Final 
Antidumping Duty Determination, 81 FR 63168 (September 14, 2016) and 
accompanying Preliminary Determination Memorandum.
    \5\ See Final Determination, 82 FR at 16342.
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Suspension of Liquidation

    In accordance with section 706 of the Act, we will instruct CBP to 
continue to suspend liquidation on all relevant entries of CTL plate 
from Korea, effective on the date of publication of the Department's 
notice of final determination in the Federal Register. We will also 
direct CBP to assess, upon further instruction by the Department, 
pursuant to 706(a)(1) of the Act, countervailing duties for each entry 
of the subject merchandise in an amount based on the net 
countervailable subsidy rates for the subject merchandise.
    We will also instruct CBP to require cash deposits equal to the 
amounts indicated below. CBP will require, at the same time as 
importers would normally deposit estimated duties on this subject 
merchandise, a cash deposit equal to the subsidy rates listed below. 
These instructions suspending liquidation will remain in effect until 
further notice. The ``all-others'' rate applies to all producers or 
exporters not specifically listed, as appropriate.

Subsidy Rates

    The final subsidy rates are as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                        (percent)
------------------------------------------------------------------------
POSCO...................................................            4.31
All Others..............................................            4.31
------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the CVD order with respect to CTL plate 
from Korea pursuant to section 706(a) of the Act. Interested parties 
may find a list of CVD orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: May 22, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

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 Brazil and the Republic of Korea: Amended 
Final Affirmative Countervailing Duty Orders, 81 FR 67960 (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

[[Page 24105]]

coated with plastic or other non-metallic substances;
    (2) military grade armor plate certified to one of the following 
specifications or to a specification that references and 
incorporates one of the following specifications:

 MIL-A-12560,
 MIL-DTL-12560H,
 MIL-DTL-12560J,
 MIL-DTL-12560K,
 MIL-DTL-32332,
 MIL-A-46100D,
 MIL-DTL-46100-E,
 MIL-46177C,
 MIL-S-16216K Grade HY80,
 MIL-S-16216K Grade HY100,
 MIL-S-24645A HSLA-80;
 MIL-S-24645A HSLA-100,
 T9074-BD-GIB-010/0300 Grade HY80,
 T9074-BD-GIB-010/0300 Grade HY100,
 T9074-BD-GIB-010/0300 Grade HSLA80,
 T9074-BD-GIB-010/0300 Grade HSLA100, and
 T9074-BD-GIB-010/0300 Mod. Grade HSLA115,

except that any cut-to-length plate certified to one of the above 
specifications, or to a military grade armor specification that 
references and incorporates one of the above specifications, will 
not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would 
fall within the scope of this investigation;
    (3) stainless steel plate, containing 10.5 percent or more of 
chromium by weight and not more than 1.2 percent of carbon by 
weight;
    (4) CTL plate meeting the requirements of ASTM A-829, Grade E 
4340 that are over 305 mm in actual thickness;
    (5) Alloy forged and rolled CTL plate greater than or equal to 
152.4 mm in actual thickness meeting each of the following 
requirements:
    (a) Electric furnace melted, ladle refined & vacuum degassed and 
having a chemical composition (expressed in weight percentages):

 Carbon 0.23-0.28,
 Silicon 0.05-0.20,
 Manganese 1.20-1.60,
 Nickel not greater than 1.0,
 Sulfur not greater than 0.007,
 Phosphorus not greater than 0.020,
 Chromium 1.0-2.5,
 Molybdenum 0.35-0.80,
 Boron 0.002-0.004,
 Oxygen not greater than 20 ppm,
 Hydrogen not greater than 2 ppm, and
 Nitrogen not greater than 60 ppm;

    (b) With a Brinell hardness measured in all parts of the product 
including mid thickness falling within one of the following ranges:

(i) 270-300 HBW,
(ii) 290-320 HBW, or
(iii) 320-350HBW;

    (c) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not 
exceeding 0.5, D not exceeding 1.5; and
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 2 mm flat bottom hole;
    (6) Alloy forged and rolled steel CTL plate over 407 mm in 
actual thickness and meeting the following requirements:
    (a) Made from Electric Arc Furnace melted, Ladle refined & 
vacuum degassed, alloy steel with the following chemical composition 
(expressed in weight percentages):

 Carbon 0.23-0.28,
 Silicon 0.05-0.15,
 Manganese 1.20-1.50,
 Nickel not greater than 0.4,
 Sulfur not greater than 0.010,
 Phosphorus not greater than 0.020,
 Chromium 1.20-1.50,
 Molybdenum 0.35-0.55,
 Boron 0.002-0.004,
 Oxygen not greater than 20 ppm,
 Hydrogen not greater than 2 ppm, and
 Nitrogen not greater than 60 ppm;

    (b) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not 
exceeding 1.0, D not exceeding 1.5;
    (c) Having the following mechanical properties:
    (i) With a Brinell hardness not more than 237 HBW measured in 
all parts of the product including mid thickness; and having a Yield 
Strength of 75ksi min and UTS 95ksi 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 
countervailing duty order on certain cut-to-length carbon-quality 
steel plate from Korea. See Final Affirmative Countervailing Duty 
Determination: Certain Cut-to-Length Carbon-Quality Steel Plate From 
the Republic of Korea, 64 FR 73,176 (Dep't Commerce Dec. 29, 1999), 
as amended, 65 FR 6,587 (Dep't Commerce Feb. 10, 2000) (1999 Korea 
CVD Order). The scope of the countervailing 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 CVD 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 CVD 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.

[FR Doc. 2017-10756 Filed 5-24-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                   Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices                                                  24103

     •  MIL–A–12560,                                         • Carbon 0.23–0.28,                                   a Yield Strength of 145ksi or more and UTS
     •  MIL–DTL–12560H,                                      • Silicon 0.05–0.15,                                  160ksi or more, Elongation of 15% or more
     •  MIL–DTL–12560J,                                      • Manganese 1.20–1.50,                                and Reduction of area 35% or more; having
     •  MIL–DTL–12560K,                                      • Nickel not greater than 0.4,                        charpy V at ¥40 degrees F in the transverse
     •  MIL–DTL–32332,                                       • Sulfur not greater than 0.010,                      direction equal or greater than 20 ft. lbs
     •  MIL–A–46100D,                                        • Phosphorus not greater than 0.020,                  (single value) and equal or greater than 25 ft.
     •  MIL–DTL–46100–E,                                     • Chromium 1.20–1.50,                                 lbs (average of 3 specimens);
     •  MIL–46177C,                                          • Molybdenum 0.35–0.55,                                  (d) Conforming to ASTM A578–S9
     •  MIL–S–16216K Grade HY80,                             • Boron 0.002–0.004,                                  ultrasonic testing requirements with
     •  MIL–S–16216K Grade HY100,                            • Oxygen not greater than 20 ppm,                     acceptance criteria 3.2 mm flat bottom hole;
     •  MIL–S–24645A HSLA–80;                                • Hydrogen not greater than 2 ppm, and                and
     •  MIL–S–24645A HSLA–100,                               • Nitrogen not greater than 60 ppm;                      (e) Conforming to magnetic particle
     •  T9074–BD–GIB–010/0300 Grade HY80,                      (b) Having cleanliness in accordance with           inspection in accordance with AMS 2301.
     •  T9074–BD–GIB–010/0300 Grade HY100,                   ASTM E45 method A (Thin and Heavy): A                    The products subject to the order are
     •  T9074–BD–GIB–010/0300 Grade HSLA80,                  not exceeding 1.5, B not exceeding 1.5, C not         currently classified in the Harmonized Tariff
     •  T9074–BD–GIB–010/0300 Grade HSLA100,                 exceeding 1.0, D not exceeding 1.5;                   Schedule of the United States (HTSUS) under
        and                                                    (c) Having the following mechanical                 item numbers: 7208.40.3030, 7208.40.3060,
     • T9074–BD–GIB–010/0300 Mod. Grade                      properties:                                           7208.51.0030, 7208.51.0045, 7208.51.0060,
        HSLA115,                                               (i) With a Brinell hardness not more than           7208.52.0000, 7211.13.0000, 7211.14.0030,
     except that any cut-to-length plate certified to        237 HBW measured in all parts of the                  7211.14.0045, 7225.40.1110, 7225.40.1180,
     one of the above specifications, or to a                product including mid thickness; and having           7225.40.3005, 7225.40.3050, 7226.20.0000,
     military grade armor specification that                 a Yield Strength of 75ksi min and UTS 95ksi           and 7226.91.5000.
     references and incorporates one of the above            or more, Elongation of 18% or more and                   The products subject to the order may also
     specifications, will not be excluded from the           Reduction of area 35% or more; having                 enter under the following HTSUS item
     scope if it is also dual- or multiple-certified         charpy V at ¥75 degrees F in the                      numbers: 7208.40.6060, 7208.53.0000,
     to any other non-armor specification that               longitudinal direction equal or greater than          7208.90.0000, 7210.70.3000, 7210.90.9000,
     otherwise would fall within the scope of this           15 ft. lbs (single value) and equal or greater        7211.19.1500, 7211.19.2000, 7211.19.4500,
     order;                                                  than 20 ft. lbs (average of 3 specimens) and          7211.19.6000, 7211.19.7590, 7211.90.0000,
        (3) stainless steel plate, containing 10.5           conforming to the requirements of NACE                7212.40.1000, 7212.40.5000, 7212.50.0000,
     percent or more of chromium by weight and               MR01–75; or                                           7214.10.0000, 7214.30.0010, 7214.30.0080,
     not more than 1.2 percent of carbon by                    (ii) With a Brinell hardness not less than          7214.91.0015, 7214.91.0060, 7214.91.0090,
     weight;                                                 240 HBW measured in all parts of the                  7225.11.0000, 7225.19.0000, 7225.40.5110,
        (4) CTL plate meeting the requirements of            product including mid thickness; and having           7225.40.5130, 7225.40.5160, 7225.40.7000,
     ASTM A–829, Grade E 4340 that are over 305              a Yield Strength of 90 ksi min and UTS 110            7225.99.0010, 7225.99.0090, 7226.11.1000,
     mm in actual thickness;                                 ksi or more, Elongation of 15% or more and            7226.11.9060, 7226.19.1000, 7226.19.9000,
        (5) Alloy forged and rolled CTL plate                Reduction of area 30% or more; having                 7226.91.0500, 7226.91.1530, 7226.91.1560,
     greater than or equal to 152.4 mm in actual             charpy V at ¥40 degrees F in the                      7226.91.2530, 7226.91.2560, 7226.91.7000,
     thickness meeting each of the following                 longitudinal direction equal or greater than          7226.91.8000, and 7226.99.0180.
     requirements:                                           21 ft. lbs (single value) and equal or greater           The HTSUS subheadings above are
        (a) Electric furnace melted, ladle refined &         than 31 ft. lbs (average of 3 specimens);             provided for convenience and customs
     vacuum degassed and having a chemical                     (d) Conforming to ASTM A578–S9                      purposes only. The written description of the
     composition (expressed in weight                        ultrasonic testing requirements with                  scope of the order is dispositive.
     percentages):                                           acceptance criteria 3.2 mm flat bottom hole;          [FR Doc. 2017–10757 Filed 5–24–17; 8:45 am]
     • Carbon 0.23–0.28,                                     and                                                   BILLING CODE 3510–DS–P
                                                               (e) Conforming to magnetic particle
     • Silicon 0.05–0.20,
                                                             inspection in accordance with AMS 2301;
     • Manganese 1.20–1.60,
                                                               (7) Alloy forged and rolled steel CTL plate
     • Nickel not greater than 1.0,                                                                                DEPARTMENT OF COMMERCE
                                                             over 407 mm in actual thickness and meeting
     • Sulfur not greater than 0.007,
                                                             the following requirements:
     • Phosphorus not greater than 0.020,                                                                          International Trade Administration
                                                               (a) Made from Electric Arc Furnace melted,
     • Chromium 1.0–2.5,
                                                             ladle refined & vacuum degassed, alloy steel          [C–580–888]
     • Molybdenum 0.35–0.80,
                                                             with the following chemical composition
     • Boron 0.002–0.004,
                                                             (expressed in weight percentages):                    Certain Carbon and Alloy Steel Cut-to-
     • Oxygen not greater than 20 ppm,
     • Hydrogen not greater than 2 ppm, and                  • Carbon 0.25–0.30,                                   Length Plate From the Republic of
     • Nitrogen not greater than 60 ppm;                     • Silicon not greater than 0.25,                      Korea: Countervailing Duty Order
                                                             • Manganese not greater than 0.50,
        (b) With a Brinell hardness measured in all          • Nickel 3.0–3.5,                                     AGENCY:  Enforcement and Compliance,
     parts of the product including mid thickness            • Sulfur not greater than 0.010,
     falling within one of the following ranges:
                                                                                                                   International Trade Administration,
                                                             • Phosphorus not greater than 0.020,                  Department of Commerce.
     (i) 270–300 HBW,                                        • Chromium 1.0–1.5,                                   SUMMARY: Based on affirmative final
     (ii) 290–320 HBW, or                                    • Molybdenum 0.6–0.9,                                 determinations by the Department of
     (iii) 320–350HBW;                                       • Vanadium 0.08 to 0.12
                                                             • Boron 0.002–0.004,
                                                                                                                   Commerce (the Department) and the
        (c) Having cleanliness in accordance with
     ASTM E45 method A (Thin and Heavy): A                   • Oxygen not greater than 20 ppm,                     International Trade Commission (the
     not exceeding 1.5, B not exceeding 1.0, C not           • Hydrogen not greater than 2 ppm, and                ITC), the Department is issuing a
     exceeding 0.5, D not exceeding 1.5; and                 • Nitrogen not greater than 60 ppm.                   countervailing duty (CVD) order on
        (d) Conforming to ASTM A578–S9                         (b) Having cleanliness in accordance with           certain carbon and alloy steel cut-to-
     ultrasonic testing requirements with                    ASTM E45 method A (Thin and Heavy): A                 length plate (CTL plate) from the
     acceptance criteria 2 mm flat bottom hole;              not exceeding 1.0(t) and 0.5(h), B not                Republic of Korea (Korea).
        (6) Alloy forged and rolled steel CTL plate          exceeding 1.5(t) and 1.0(h), C not exceeding          DATES: May 25, 2017.
     over 407 mm in actual thickness and meeting             1.0(t) and 0.5(h), and D not exceeding 1.5(t)
                                                                                                                   FOR FURTHER INFORMATION CONTACT:
     the following requirements:                             and 1.0(h);
        (a) Made from Electric Arc Furnace melted,             (c) Having the following mechanical                 Yasmin Bordas at (202) 482–3813 or
     Ladle refined & vacuum degassed, alloy steel            properties: A Brinell hardness not less than          John Corrigan (202) 482–7438, AD/CVD
     with the following chemical composition                 350 HBW measured in all parts of the                  Operations, Office VI, Enforcement and
     (expressed in weight percentages):                      product including mid thickness; and having           Compliance, International Trade


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     24104                         Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices

     Administration, U.S. Department of                      we will direct CBP to assess, upon                          whether or not painted, varnished, or coated
     Commerce, 1401 Constitution Avenue                      further instruction by the Department,                      with plastics or other non-metallic
     NW., Washington, DC 20230.                              countervailing duties on unliquidated                       substances (cut-to-length plate). Subject
                                                                                                                         merchandise includes plate that is produced
     SUPPLEMENTARY INFORMATION:                              entries of CTL plate entered, or                            by being cut-to-length from coils or from
                                                             withdrawn from warehouse, for                               other discrete length plate and plate that is
     Background                                              consumption on or after April 4, 2017,                      rolled or forged into a discrete length. The
        In accordance with sections 705(d)                   the date on which the Department                            products covered include (1) Universal mill
     and 777(i) of the Tariff Act of 1930, as                published its Final Determination in the                    plates (i.e., flat-rolled products rolled on four
     amended (the Act), and 19 CFR                           Federal Register.                                           faces or in a closed box pass, of a width
     351.210(c), on April 4, 2017, the                                                                                   exceeding 150 mm but not exceeding 1250
     Department published its affirmative                    Suspension of Liquidation                                   mm, and of a thickness of not less than 4
     final determination in the CVD                             In accordance with section 706 of the                    mm, which are not in coils and without
                                                                                                                         patterns in relief), and (2) hot-rolled or forged
     investigation of CTL plate from Korea.1                 Act, we will instruct CBP to continue to
                                                                                                                         flat steel products of a thickness of 4.75 mm
     On May 18, 2017, the ITC notified the                   suspend liquidation on all relevant                         or more and of a width which exceeds 150
     Department of its affirmative                           entries of CTL plate from Korea,                            mm and measures at least twice the
     determination, pursuant to section                      effective on the date of publication of                     thickness, and which are not in coils,
     705(d) of the Act, that an industry in the              the Department’s notice of final                            whether or not with patterns in relief. The
     United States is materially injured                     determination in the Federal Register.                      covered products described above may be
     within the meaning of section                           We will also direct CBP to assess, upon                     rectangular, square, circular or other shapes
     705(b)(1)(A)(i) of the Act by reason of                 further instruction by the Department,                      and include products of either rectangular or
                                                                                                                         non-rectangular cross-section where such
     subsidized imports of CTL plate from                    pursuant to 706(a)(1) of the Act,                           non-rectangular cross-section is achieved
     Korea.2                                                 countervailing duties for each entry of                     subsequent to the rolling process, i.e.,
                                                             the subject merchandise in an amount                        products which have been ‘‘worked after
     Scope of the Order
                                                             based on the net countervailable                            rolling’’ (e.g., products which have been
       The merchandise covered by this                       subsidy rates for the subject                               beveled or rounded at the edges).
     order is CTL plate from Korea. For a                    merchandise.                                                   For purposes of the width and thickness
     complete description of the scope of the                   We will also instruct CBP to require                     requirements referenced above, the following
     order, see Appendix I.                                  cash deposits equal to the amounts                          rules apply:
                                                                                                                            (1) Except where otherwise stated where
     Countervailing Duty Order                               indicated below. CBP will require, at the                   the nominal and actual thickness or width
                                                             same time as importers would normally                       measurements vary, a product from a given
        As stated above, on May 18, 2017, in                 deposit estimated duties on this subject                    subject country is within the scope if
     accordance with sections 705(b)(1)(A)(i),               merchandise, a cash deposit equal to the                    application of either the nominal or actual
     and 705(d) of the Act, the ITC notified                 subsidy rates listed below. These                           measurement would place it within the scope
     the Department of its determination that                instructions suspending liquidation will                    based on the definitions set forth above
     the industry in the United States                       remain in effect until further notice. The                  unless the product is already covered by an
     producing CTL plate is materially                       ‘‘all-others’’ rate applies to all producers                order existing on that specific country (i.e.,
     injured by reason of subsidized imports                                                                             Certain Hot-Rolled Steel Flat Products from
                                                             or exporters not specifically listed, as                    Brazil and the Republic of Korea: Amended
     of CTL plate from Korea.3 Therefore, in                 appropriate.
     accordance with section 705(c)(2) of the                                                                            Final Affirmative Countervailing Duty
                                                             Subsidy Rates                                               Orders, 81 FR 67960 (October 3, 2016)); and
     Act, we are issuing this CVD order.                                                                                    (2) where the width and thickness vary for
        Because the Department’s preliminary                   The final subsidy rates are as follows:                   a specific product (e.g., the thickness of
     determination in the underlying                                                                                     certain products with non-rectangular cross-
     investigation was negative, we did not                                                              Subsidy rate    section, the width of certain products with
                                                                     Producer/exporter
     instruct U.S Customs and Border                                                                      (percent)      non-rectangular shape, etc.), the
     Protection (CBP) to suspend liquidation                                                                             measurement at its greatest width or
     of entries of CTL plate from Korea.4 The                POSCO .................................              4.31   thickness applies.
                                                             All Others ..............................            4.31      Steel products included in the scope of this
     Department’s final determination was
                                                                                                                         investigation are products in which: (1) Iron
     affirmative, and therefore, we directed
                                                             Notification to Interested Parties                          predominates, by weight, over each of the
     CBP to suspend liquidation.5 Therefore,                                                                             other contained elements; and (2) the carbon
                                                               This notice constitutes the CVD order                     content is 2 percent or less by weight.
       1 See Certain Carbon and Alloy Steel Cut-To-          with respect to CTL plate from Korea                           Subject merchandise includes cut-to-length
     Length Plate from the Republic of Korea: Final          pursuant to section 706(a) of the Act.                      plate that has been further processed in the
     Affirmative Countervailing Duty Determination and       Interested parties may find a list of CVD                   subject country or a third country, including
     Final Negative Critical Circumstances
     Determination, 82 FR 16341 (April 4, 2017) (Final       orders currently in effect at http://                       but not limited to pickling, oiling, levelling,
     Determination), and accompanying Issues and             enforcement.trade.gov/stats/                                annealing, tempering, temper rolling, skin
     Decision Memorandum.                                    iastats1.html.                                              passing, painting, varnishing, trimming,
       2 See Letter from ITC concerning Carbon and
                                                               This order is issued and published in                     cutting, punching, beveling, and/or slitting,
     Alloy Steel Cut-to-Length Plate from Austria,                                                                       or any other processing that would not
                                                             accordance with section 706(a) of the
     Belgium, France, Germany, Italy, Japan, Korea, and                                                                  otherwise remove the merchandise from the
     Taiwan, USITC Investigation Nos. 701–TA–561 and         Act and 19 CFR 351.211(b).                                  scope of the investigation if performed in the
     731–TA–1317–1318, 1321–1325, and 1327 (Final),            Dated: May 22, 2017.                                      country of manufacture of the cut-to-length
     USITC Publication 701–560 (May 2017).                                                                               plate.
       3 Id.
                                                             Gary Taverman,
                                                             Deputy Assistant Secretary for Antidumping                     All products that meet the written physical
       4 See Certain Carbon and Alloy Steel Cut-to-
                                                                                                                         description, are within the scope of this
     Length Plate from the Republic of Korea:                and Countervailing Duty Operations.
                                                                                                                         investigation unless specifically excluded or
     Preliminary Negative Countervailing Duty
     Determination and Alignment of Final                    Appendix I                                                  covered by the scope of an existing order.
     Determination with Final Antidumping Duty                                                                           The following products are outside of, and/
                                                             Scope of the Investigation                                  or specifically excluded from, the scope of
     Determination, 81 FR 63168 (September 14, 2016)
     and accompanying Preliminary Determination                The products covered by this investigation                this investigation:
     Memorandum.                                             are certain carbon and alloy steel hot-rolled                  (1) Products clad, plated, or coated with
       5 See Final Determination, 82 FR at 16342.            or forged flat plate products not in coils,                 metal, whether or not painted, varnished or



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                                   Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Notices                                                  24105

     coated with plastic or other non-metallic                 (6) Alloy forged and rolled steel CTL plate         not exceeding 1.0(t) and 0.5(h), B not
     substances;                                             over 407 mm in actual thickness and meeting           exceeding 1.5(t) and 1.0(h), C not exceeding
        (2) military grade armor plate certified to          the following requirements:                           1.0(t) and 0.5(h), and D not exceeding 1.5(t)
     one of the following specifications or to a               (a) Made from Electric Arc Furnace melted,          and 1.0(h);
     specification that references and incorporates          Ladle refined & vacuum degassed, alloy steel             (c) Having the following mechanical
     one of the following specifications:                    with the following chemical composition               properties: A Brinell hardness not less than
     • MIL–A–12560,                                          (expressed in weight percentages):                    350 HBW measured in all parts of the
     • MIL–DTL–12560H,                                       • Carbon 0.23–0.28,                                   product including mid thickness; and having
     • MIL–DTL–12560J,                                       • Silicon 0.05–0.15,                                  a Yield Strength of 145ksi or more and UTS
     • MIL–DTL–12560K,                                       • Manganese 1.20–1.50,                                160ksi or more, Elongation of 15% or more
     • MIL–DTL–32332,                                        • Nickel not greater than 0.4,                        and Reduction of area 35% or more; having
     • MIL–A–46100D,                                         • Sulfur not greater than 0.010,                      charpy V at ¥40 degrees F in the transverse
     • MIL–DTL–46100–E,                                      • Phosphorus not greater than 0.020,                  direction equal or greater than 20 ft. lbs
     • MIL–46177C,                                           • Chromium 1.20–1.50,                                 (single value) and equal or greater than 25 ft.
     • MIL–S–16216K Grade HY80,                              • Molybdenum 0.35–0.55,                               lbs (average of 3 specimens);
     • MIL–S–16216K Grade HY100,                             • Boron 0.002–0.004,                                     (d) Conforming to ASTM A578–S9
     • MIL–S–24645A HSLA–80;                                 • Oxygen not greater than 20 ppm,                     ultrasonic testing requirements with
     • MIL–S–24645A HSLA–100,                                • Hydrogen not greater than 2 ppm, and                acceptance criteria 3.2 mm flat bottom hole;
     • T9074–BD–GIB–010/0300 Grade HY80,                     • Nitrogen not greater than 60 ppm;                   and
     • T9074–BD–GIB–010/0300 Grade HY100,                      (b) Having cleanliness in accordance with              (e) Conforming to magnetic particle
     • T9074–BD–GIB–010/0300 Grade HSLA80,                   ASTM E45 method A (Thin and Heavy): A                 inspection in accordance with AMS 2301.
     • T9074–BD–GIB–010/0300 Grade HSLA100,                  not exceeding 1.5, B not exceeding 1.5, C not            At the time of the filing of the petition,
        and                                                  exceeding 1.0, D not exceeding 1.5;                   there was an existing countervailing duty
     • T9074–BD–GIB–010/0300 Mod. Grade                        (c) Having the following mechanical                 order on certain cut-to-length carbon-quality
        HSLA115,                                             properties:                                           steel plate from Korea. See Final Affirmative
     except that any cut-to-length plate certified to          (i) With a Brinell hardness not more than           Countervailing Duty Determination: Certain
     one of the above specifications, or to a                237 HBW measured in all parts of the                  Cut-to-Length Carbon-Quality Steel Plate
     military grade armor specification that                 product including mid thickness; and having           From the Republic of Korea, 64 FR 73,176
     references and incorporates one of the above            a Yield Strength of 75ksi min and UTS 95ksi           (Dep’t Commerce Dec. 29, 1999), as amended,
     specifications, will not be excluded from the           or more, Elongation of 18% or more and                65 FR 6,587 (Dep’t Commerce Feb. 10, 2000)
                                                             Reduction of area 35% or more; having                 (1999 Korea CVD Order). The scope of the
     scope if it is also dual- or multiple-certified
                                                             charpy V at ¥75 degrees F in the                      countervailing duty investigation with regard
     to any other non-armor specification that
                                                             longitudinal direction equal or greater than          to cut-to-length plate from Korea covers only
     otherwise would fall within the scope of this
                                                             15 ft. lbs (single value) and equal or greater        (1) subject cut-to-length plate not within the
     investigation;
                                                             than 20 ft. lbs (average of 3 specimens) and          physical description of cut-to-length carbon
        (3) stainless steel plate, containing 10.5
                                                             conforming to the requirements of NACE                quality steel plate in the 1999 Korea CVD
     percent or more of chromium by weight and
                                                             MR01–75; or
     not more than 1.2 percent of carbon by                                                                        Order regardless of producer or exporter, and
                                                               (ii) With a Brinell hardness not less than
     weight;                                                                                                       (2) cut-to-length plate produced and/or
                                                             240 HBW measured in all parts of the
        (4) CTL plate meeting the requirements of                                                                  exported by those companies that were
                                                             product including mid thickness; and having
     ASTM A–829, Grade E 4340 that are over 305                                                                    excluded or revoked from the 1999 Korea
                                                             a Yield Strength of 90 ksi min and UTS 110
     mm in actual thickness;                                                                                       CVD Order as of April 8, 2016. The only
                                                             ksi or more, Elongation of 15% or more and
        (5) Alloy forged and rolled CTL plate                                                                      revoked or excluded company is Pohang Iron
                                                             Reduction of area 30% or more; having
     greater than or equal to 152.4 mm in actual                                                                   and Steel Company, also known as POSCO.
                                                             charpy V at ¥40 degrees F in the
     thickness meeting each of the following                 longitudinal direction equal or greater than             The products subject to the investigation
     requirements:                                           21 ft. lbs (single value) and equal or greater        are currently classified in the Harmonized
        (a) Electric furnace melted, ladle refined &         than 31 ft. lbs (average of 3 specimens);             Tariff Schedule of the United States (HTSUS)
     vacuum degassed and having a chemical                     (d) Conforming to ASTM A578–S9                      under item numbers: 7208.40.3030,
     composition (expressed in weight                        ultrasonic testing requirements with                  7208.40.3060, 7208.51.0030, 7208.51.0045,
     percentages):                                           acceptance criteria 3.2 mm flat bottom hole;          7208.51.0060, 7208.52.0000, 7211.13.0000,
     • Carbon 0.23–0.28,                                     and                                                   7211.14.0030, 7211.14.0045, 7225.40.1110,
     • Silicon 0.05–0.20,                                      (e) Conforming to magnetic particle                 7225.40.1180, 7225.40.3005, 7225.40.3050,
     • Manganese 1.20–1.60,                                  inspection in accordance with AMS 2301;               7226.20.0000, and 7226.91.5000.
     • Nickel not greater than 1.0,                            (7) Alloy forged and rolled steel CTL plate            The products subject to the investigation
     • Sulfur not greater than 0.007,                        over 407 mm in actual thickness and meeting           may also enter under the following HTSUS
     • Phosphorus not greater than 0.020,                    the following requirements:                           item numbers: 7208.40.6060, 7208.53.0000,
     • Chromium 1.0–2.5,                                       (a) Made from Electric Arc Furnace melted,          7208.90.0000, 7210.70.3000, 7210.90.9000,
     • Molybdenum 0.35–0.80,                                 ladle refined & vacuum degassed, alloy steel          7211.19.1500, 7211.19.2000, 7211.19.4500,
     • Boron 0.002–0.004,                                    with the following chemical composition               7211.19.6000, 7211.19.7590, 7211.90.0000,
     • Oxygen not greater than 20 ppm,                       (expressed in weight percentages):                    7212.40.1000, 7212.40.5000, 7212.50.0000,
     • Hydrogen not greater than 2 ppm, and                  • Carbon 0.25–0.30,
                                                                                                                   7214.10.0000, 7214.30.0010, 7214.30.0080,
     • Nitrogen not greater than 60 ppm;                     • Silicon not greater than 0.25,
                                                                                                                   7214.91.0015, 7214.91.0060, 7214.91.0090,
                                                                                                                   7225.11.0000, 7225.19.0000, 7225.40.5110,
        (b) With a Brinell hardness measured in all          • Manganese not greater than 0.50,
                                                                                                                   7225.40.5130, 7225.40.5160, 7225.40.7000,
     parts of the product including mid thickness            • Nickel 3.0–3.5,
                                                                                                                   7225.99.0010, 7225.99.0090, 7226.11.1000,
     falling within one of the following ranges:             • Sulfur not greater than 0.010,
     (i) 270–300 HBW,                                        • Phosphorus not greater than 0.020,                  7226.11.9060, 7226.19.1000, 7226.19.9000,
     (ii) 290–320 HBW, or                                    • Chromium 1.0–1.5,                                   7226.91.0500, 7226.91.1530, 7226.91.1560,
     (iii) 320–350HBW;                                       • Molybdenum 0.6–0.9,                                 7226.91.2530, 7226.91.2560, 7226.91.7000,
                                                             • Vanadium 0.08 to 0.12                               7226.91.8000, and 7226.99.0180.
        (c) Having cleanliness in accordance with                                                                     The HTSUS subheadings above are
     ASTM E45 method A (Thin and Heavy): A                   • Boron 0.002–0.004,
                                                             • Oxygen not greater than 20 ppm,                     provided for convenience and customs
     not exceeding 1.5, B not exceeding 1.0, C not                                                                 purposes only. The written description of the
     exceeding 0.5, D not exceeding 1.5; and                 • Hydrogen not greater than 2 ppm, and
                                                             • Nitrogen not greater than 60 ppm.                   scope of the investigation is dispositive.
        (d) Conforming to ASTM A578–S9
     ultrasonic testing requirements with                      (b) Having cleanliness in accordance with           [FR Doc. 2017–10756 Filed 5–24–17; 8:45 am]
     acceptance criteria 2 mm flat bottom hole;              ASTM E45 method A (Thin and Heavy): A                 BILLING CODE 3510–DS–P




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Document Created: 2018-11-08 08:53:06
Document Modified: 2018-11-08 08:53:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesMay 25, 2017.
ContactYasmin Bordas at (202) 482-3813 or John Corrigan (202) 482-7438, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
FR Citation82 FR 24103 

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