82_FR_8526 82 FR 8510 - Certain Carbon and Alloy Steel Cut-To-Length Plate From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value

82 FR 8510 - Certain Carbon and Alloy Steel Cut-To-Length Plate From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 16 (January 26, 2017)

Page Range8510-8513
FR Document2017-01710

The Department of Commerce (Department) determines that certain carbon and alloy steel cut-to-length plate (CTL plate) from the People's Republic of China (PRC) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The final dumping margin of sales at LTFV is shown in the ``Final Determination'' section of this notice.

Federal Register, Volume 82 Issue 16 (Thursday, January 26, 2017)
[Federal Register Volume 82, Number 16 (Thursday, January 26, 2017)]
[Notices]
[Pages 8510-8513]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01710]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-047]


Certain Carbon and Alloy Steel Cut-To-Length Plate From the 
People's Republic of China: Final Affirmative Determination of Sales at 
Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) determines that 
certain carbon and alloy steel cut-to-length plate (CTL plate) from the 
People's Republic of China (PRC) is being, or is likely to be, sold in 
the United States at less than fair value (LTFV). The final dumping 
margin of sales at LTFV is shown in the ``Final Determination'' section 
of this notice.

DATES: Effective January 26, 2017.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION: 

Background

    On November 14, 2016, the Department published in the Federal 
Register its preliminary affirmative determination in the LTFV 
investigation of CTL plate from the PRC.\1\ For a complete description 
of the events that followed the Preliminary Determination, see the 
memorandum that is dated concurrently with this determination and 
hereby adopted by this notice.\2\
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    \1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from 
the People's Republic of China: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, 81 FR 79450 
(November 14, 2016) (Preliminary Determination) and accompanying 
Preliminary Decision Memorandum.
    \2\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, re: ``Issues and Decision Memorandum for the Final 
Determination in the Antidumping Duty Investigation of Certain 
Carbon and Alloy Steel Cut-To-Length Plate from the People's 
Republic of China'' (``Issues and Decision Memorandum''), dated 
concurrently with this notice.
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    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. 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 http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at http://

[[Page 8511]]

enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version are identical in content.

Period of Investigation

    The period of investigation (POI) is October 1, 2015, through March 
31, 2016.

Scope of the Investigation

    The product covered by this investigation is CTL plate from the 
PRC. For a full description of the scope of this investigation, see the 
``Scope of the Investigation'' in Appendix I of this notice. Prior to 
the Preliminary Determination, the Department issued a Preliminary 
Scope Decision Memorandum, followed by an Additional Preliminary Scope 
Decision Memorandum.\3\ Subsequently, various interested parties 
submitted case \4\ and rebuttal \5\ briefs concerning scope. The 
Department reviewed these briefs, considered the arguments therein, and 
is not making any additional changes to the scope of the investigation. 
For further discussion, see the Department's Final Scope Decision 
Memorandum.\6\ The scope in Appendix I reflects the final scope 
language.
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    \3\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, 
Belgium, Brazil, the People's Republic of China, France, the Federal 
Republic of Germany, Italy, Japan, the Republic of Korea, the 
Republic of South Africa, Taiwan, and Turkey: Scope Comments 
Decision Memorandum for the Preliminary Determinations,'' dated 
September 6, 2016 (Preliminary Scope Decision Memorandum), and 
Memorandum to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, Certain Carbon and 
Alloy Steel Cut-to-Length Plate From Austria, Belgium, Brazil, the 
People's Republic of China, France, the Federal Republic of Germany, 
Italy, Japan, the Republic of Korea, the Republic of South Africa, 
Taiwan, and Turkey: Additional Scope Comments Preliminary Decision 
Memorandum and Extension of Deadlines for Scope Case Briefs and 
Scope Rebuttal Briefs,'' dated October 13, 2016 (Additional 
Preliminary Scope Decision Memorandum), respectively.
    \4\ These parties include Misumi USA, Inc., PCS Company, Hitachi 
Metals, Ltd., Friedr. Lohmann GmbH, AG der Dillinger Huettenwerke, 
Dillinger France S.A., voestalpine AG, voestalpine Grobblech GmbH, 
voestalpine Steel & Service Center GmbH, Bohler Bleche GmbH & Co KG, 
Bohler Uddeholm Corporation, Simonds International Holding, Inc., 
and The KnifeSource LLC.
    \5\ These parties include ArcelorMittal USA LLC, Nucor 
Corporation, and SSAB Enterprises, LLC (collectively, the 
petitioners).
    \6\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, 
Belgium, Brazil, the People's Republic of China, France, the Federal 
Republic of Germany, Italy, Japan, the Republic of Korea, the 
Republic of South Africa, Taiwan, and Turkey: Final Scope Comments 
Decision Memorandum,'' dated November 29, 2016 (Final Scope Decision 
Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this investigation are addressed in either the 
Final Scope Decision Memorandum or the Issues and Decision Memorandum 
accompanying this notice, which is hereby adopted by this notice. A 
list of the issues addressed in the Issues and Decision Memorandum is 
attached to this notice at Appendix II.

Separate Rates

    For the final determination, we continue to determine that Jiangyin 
Xingcheng Special Steel Works Co., Ltd., the sole mandatory respondent 
in this investigation, is not entitled to a separate rate, and is 
included within the PRC-wide entity.

PRC-Wide Entity

    For the final determination, we continue to find that the PRC-wide 
entity, which includes certain PRC exporters and/or producers that did 
not respond to the Department's requests for information, failed to 
provide necessary information, failed to provide information in a 
timely manner, and significantly impeded this proceeding by not 
submitting the requested information. We also continue to find that the 
PRC-wide entity failed to cooperate. As a result, we continue to assign 
to the PRC-wide entity a dumping margin on the basis of adverse facts 
available (AFA) pursuant to section 776(b) of the Act.\7\ Furthermore, 
we continue to find that the highest petition margin of 68.27 percent 
is corroborated to the extent practicable within the meaning of section 
776(c) of the Act for the reasons articulated in the Preliminary 
Determination.\8\ Therefore, for the final determination, we continue 
to assign this dumping margin (i.e., 68.27 percent) to the PRC-wide 
entity.
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    \7\ As stated in the Preliminary Determination, we did not 
conduct verification pursuant to section 782(i) of the Act because 
the only rate established in the case is based entirely on AFA.
    \8\ See Preliminary Determination and accompanying Preliminary 
Decision Memorandum at 10-12.
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Combination Rates

    In the Initiation Notice,\9\ the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation. Policy Bulletin 05.1 describes 
this practice.\10\ However, as stated in the Preliminary Determination, 
all parties subject to this investigation are found to be part of the 
PRC-wide entity, to which we do not assign a separate combination 
rate.\11\
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    \9\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
Austria, Belgium, Brazil, France, the Federal Republic of Germany, 
Italy, Japan, the Republic of Korea, the People's Republic of China, 
South Africa, Taiwan, and the Republic of Turkey: Initiation of 
Less-Than-Fair-Value Investigations, 81 FR 27089, 27095 (May 5, 
2016) (Initiation Notice).
    \10\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries'' (April 5, 2005) (Policy Bulletin 05.1), available on the 
Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
    \11\ Id.; see also Preliminary Determination, 81 FR at 79451; 
Calcium Hypochlorite from the People's Republic of China: 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 79 FR 43393, 43394 (July 25, 
2014), unchanged in Calcium Hypochlorite from the People's Republic 
of China: Final Determination of Sales at Less Than Fair Value, 79 
FR 74065 (December 15, 2014).
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Final Determination

    The Department determines that CTL plate from the PRC is being, or 
is likely to be, sold in the United States at LTFV, and that the 
following dumping margin exists:

------------------------------------------------------------------------
                                                          Dumping margin
                        Exporter                             (percent)
------------------------------------------------------------------------
PRC-Wide Entity.........................................           68.27
------------------------------------------------------------------------

Disclosure

    As stated in the Preliminary Determination, because the Department 
established only one rate in this investigation based entirely on AFA 
in accordance with section 776 of the Act, there are no calculations to 
disclose. The calculations performed in connection with this final 
determination are not proprietary in nature and are described in the 
Preliminary Determination, the Petition and in the PRC AD Initiation 
Checklist.\12\
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    \12\ See Preliminary Determination, 81 FR at 79451-52; Petitions 
for the Imposition of Antidumping and Countervailing Duties: Certain 
Carbon and Alloy Steel Cut-To-Length Plate from Austria, Belgium, 
Brazil, France, the Federal Republic of Germany, Italy, Japan, the 
Republic of Korea, the People's Republic of China, South Africa, 
Taiwan, and the Republic of Turkey, dated April 8, 2016 (Petition), 
Volume IV at 24; Supplement to the Petition, dated April 18, 2016; 
see also Initiation Notice and accompanying Antidumping Duty 
Investigation Initiation Checklist: Certain Carbon and Alloy Steel 
Cut-to-Length Plate from the People's Republic of China (PRC AD 
Initiation Checklist), at pages 7-11; and Preliminary Decision 
Memorandum at 11-12.
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to continue to suspend

[[Page 8512]]

liquidation of all entries of CTL plate from the PRC, as described in 
Appendix I of this notice, which are entered, or withdrawn from 
warehouse, for consumption on or after November 14, 2016, the date of 
publication in the Federal Register of the affirmative Preliminary 
Determination. Pursuant to section 735(c)(1) of the Act, we will 
instruct CBP to require a cash deposit equal to the margin indicated in 
the chart above.\13\ These suspension of liquidation instructions will 
remain in effect until further notice.
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    \13\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
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    In a LTFV investigation with a companion countervailing duty (CVD) 
investigation, we normally adjust antidumping duty cash deposit rates 
by the amount of export subsidies, where appropriate. However, in this 
investigation, we made no adjustments to the PRC-wide entity's 
antidumping cash deposit rate of 68.27 percent because the Department 
made no findings in the companion CVD investigation that any of the 
subsidies in question are export subsidies.\14\
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    \14\ See Preliminary Decision Memorandum at 12-13 and Certain 
Carbon and Alloy Steel Cut-to-Length Plate from the People's 
Republic of China: Final Affirmative Countervailing Duty 
Determination (unpublished); see also Circular Welded Carbon-Quality 
Steel Pipe from Pakistan: Affirmative Preliminary Determination of 
Sales at Less Than Fair Value and Postponement of Final 
Determination and Extension of Provisional Measures, 81 FR 36867 
(June 8, 2016) and accompanying Preliminary Decision Memorandum at 
page 13, unchanged in Circular Welded Carbon-Quality Steel Pipe from 
Pakistan: Final Affirmative Determination of Sales at Less Than Fair 
Value, 81 FR 75028 (October 28, 2016).
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    Further, pursuant to section 777A(f) of the Act, we normally adjust 
cash deposit rates for estimated domestic subsidy pass-through, where 
appropriate. However, in this case, we continue to determine that there 
is no record evidence demonstrating that a domestic subsidy pass-
through adjustment is warranted.\15\ Thus, the Department has not made 
an adjustment to the antidumping duty cash deposit rates under section 
777A(f) of the Act.
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    \15\ See Preliminary Decision Memorandum at 12.
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International Trade Commission Notification

    In accordance with section 735(d) of the Act, we intend to notify 
the International Trade Commission (ITC) of the final affirmative 
determination of sales at LTFV. As the Department's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will determine, within 45 days, whether the domestic industry in 
the United States is materially injured, or threatened with material 
injury, by reason of imports of CTL plate from the PRC, or sales (or 
the likelihood of sales) for importation, of CTL plate from the PRC. If 
the ITC determines that such injury does not exist, this proceeding 
will be terminated and all securities posted will be refunded or 
canceled. If the ITC determines that such injury does exist, the 
Department intends to 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

    This notice will serve as a reminder to the parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of propriety information disclosed under APO 
in accordance with 19 CFR 351.305. Timely written notification of 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    We intend to issue and publish this determination in accordance 
with sections 735(d) and 777(i)(1) of the Act.

    Dated: January 17, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigation

    The products covered by this investigation are certain carbon 
and alloy steel hot-rolled or forged flat plate products not in 
coils, whether or not painted, varnished, or coated with plastics or 
other non-metallic substances (cut-to-length plate). Subject 
merchandise includes plate that is produced by being cut-to-length 
from coils or from other discrete length plate and plate that is 
rolled or forged into a discrete length. The products covered 
include (1) Universal mill plates (i.e., flat-rolled products rolled 
on four faces or in a closed box pass, of a width exceeding 150 mm 
but not exceeding 1250 mm, and of a thickness of not less than 4 mm, 
which are not in coils and without patterns in relief), and (2) hot-
rolled or forged flat steel products of a thickness of 4.75 mm or 
more and of a width which exceeds 150 mm and measures at least twice 
the thickness, and which are not in coils, whether or not with 
patterns in relief. The covered products described above may be 
rectangular, square, circular or other shapes and include products 
of either rectangular or non-rectangular cross-section where such 
non-rectangular cross-section is achieved subsequent to the rolling 
process, i.e., products which have been ``worked after rolling'' 
(e.g., products which have been beveled or rounded at the edges).
    For purposes of the width and thickness requirements referenced 
above, the following rules apply:
    (1) Except where otherwise stated where the nominal and actual 
thickness or width measurements vary, a product from a given subject 
country is within the scope if application of either the nominal or 
actual measurement would place it within the scope based on the 
definitions set forth above unless the product is already covered by 
an order existing on that specific country (e.g., Notice of the 
Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat 
Products From the People's Republic of China, 66 FR 59561 (November 
29, 2001)); 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

[[Page 8513]]

 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 order;
    (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.
    Excluded from the scope of the antidumping duty investigation on 
cut-to-length plate from the People's Republic of China are any 
products covered by the existing antidumping duty order on certain 
cut-to-length carbon steel plate from the People's Republic of 
China. See Suspension Agreement on Certain Cut-to-Length Carbon 
Steel Plate From the People's Republic of China; Termination of 
Suspension Agreement and Notice of Antidumping Duty Order, 68 FR 
60,081 (Dep't Commerce Oct. 21, 2003), as amended, Affirmative Final 
Determination of Circumvention of the Antidumping Duty Order on 
Certain Cut-to-Length Carbon Steel Plate From the People's Republic 
of China, 76 FR 50,996, 50,996-97 (Dep't of Commerce Aug. 17, 2011). 
On August 17, 2011, the U.S. Department of Commerce found that the 
order covered all imports of certain cut-to-length carbon steel 
plate products with 0.0008 percent or more boron, by weight, from 
China not meeting all of the following requirements: aluminum level 
of 0.02 percent or greater, by weight; a ratio of 3.4 to 1 or 
greater, by weight, of titanium to nitrogen; and a hardenability 
test (i.e., Jominy test) result indicating a boron factor of 1.8 or 
greater.
    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. Discussion of the Issues
    Comment 1: Separate Rate Treatment of Tiangong
    Comment 2: Separate Rate Treatment of Jiangyin Special
IV. Recommendation

[FR Doc. 2017-01710 Filed 1-25-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  8510                         Federal Register / Vol. 82, No. 16 / Thursday, January 26, 2017 / Notices

                                                    (iii) 320–350 HBW;                                       • Vanadium 0.08 to 0.12,                            SUMMARY:   The Department of Commerce
                                                    (c) Having cleanliness in accordance with                • Boron 0.002–0.004,                                (Department) determines that certain
                                                  ASTM E45 method A (Thin and Heavy): A                      • Oxygen not greater than 20 ppm,                   carbon and alloy steel cut-to-length
                                                  not exceeding 1.5, B not exceeding 1.0, C not              • Hydrogen not greater than 2 ppm, and
                                                                                                             • Nitrogen not greater than 60 ppm.
                                                                                                                                                                 plate (CTL plate) from the People’s
                                                  exceeding 0.5, D not exceeding 1.5; and
                                                    (d) Conforming to ASTM A578–S9                           (b) Having cleanliness in accordance with           Republic of China (PRC) is being, or is
                                                  ultrasonic testing requirements with                    ASTM E45 method A (Thin and Heavy): A                  likely to be, sold in the United States at
                                                  acceptance criteria 2 mm flat bottom hole;              not exceeding 1.0(t) and 0.5(h), B not                 less than fair value (LTFV). The final
                                                    (6) Alloy forged and rolled steel CTL plate           exceeding 1.5(t) and 1.0(h), C not exceeding           dumping margin of sales at LTFV is
                                                  over 407 mm in actual thickness and meeting             1.0(t) and 0.5(h), and D not exceeding 1.5(t)          shown in the ‘‘Final Determination’’
                                                  the following requirements:                             and 1.0(h);                                            section of this notice.
                                                    (a) Made from Electric Arc Furnace melted,               (c) Having the following mechanical
                                                                                                          properties: A Brinell hardness not less than           DATES: Effective January 26, 2017.
                                                  Ladle refined & vacuum degassed, alloy steel
                                                  with the following chemical composition                 350 HBW measured in all parts of the                   FOR FURTHER INFORMATION CONTACT:
                                                  (expressed in weight percentages):                      product including mid thickness; and having            Irene Gorelik, AD/CVD Operations,
                                                    • Carbon 0.23–0.28,                                   a Yield Strength of 145ksi or more and UTS             Office VIII, Enforcement and
                                                    • Silicon 0.05–0.15,                                  160ksi or more, Elongation of 15% or more              Compliance, International Trade
                                                    • Manganese 1.20–1.50,                                and Reduction of area 35% or more; having
                                                                                                                                                                 Administration, U.S. Department of
                                                    • Nickel not greater than 0.4,                        charpy V at ¥40 degrees F in the transverse
                                                                                                                                                                 Commerce, 1401 Constitution Avenue
                                                    • 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.        NW., Washington, DC 20230; telephone:
                                                    • Chromium 1.20–1.50,                                 lbs (average of 3 specimens);                          (202) 482–6905.
                                                    • Molybdenum 0.35–0.55,                                  (d) Conforming to ASTM A578–S9                      SUPPLEMENTARY INFORMATION:
                                                    • Boron 0.002–0.004,                                  ultrasonic testing requirements with
                                                    • Oxygen not greater than 20 ppm,                     acceptance criteria 3.2 mm flat bottom hole;           Background
                                                    • Hydrogen not greater than 2 ppm, and                and
                                                                                                                                                                    On November 14, 2016, the
                                                    • Nitrogen not greater than 60 ppm;                      (e) Conforming to magnetic particle
                                                                                                          inspection in accordance with AMS 2301.                Department published in the Federal
                                                    (b) Having cleanliness in accordance with                                                                    Register its preliminary affirmative
                                                  ASTM E45 method A (Thin and Heavy): A                      The products subject to the investigation
                                                  not exceeding 1.5, B not exceeding 1.5, C not           are currently classified in the Harmonized             determination in the LTFV investigation
                                                  exceeding 1.0, D not exceeding 1.5;                     Tariff Schedule of the United States (HTSUS)           of CTL plate from the PRC.1 For a
                                                    (c) Having the following mechanical                   under item numbers: 7208.40.3030,                      complete description of the events that
                                                  properties:                                             7208.40.3060, 7208.51.0030, 7208.51.0045,              followed the Preliminary Determination,
                                                    (i) With a Brinell hardness not more than             7208.51.0060, 7208.52.0000, 7211.13.0000,              see the memorandum that is dated
                                                  237 HBW measured in all parts of the                    7211.14.0030, 7211.14.0045, 7225.40.1110,
                                                                                                                                                                 concurrently with this determination
                                                  product including mid thickness; and having             7225.40.1180, 7225.40.3005, 7225.40.3050,
                                                                                                          7226.20.0000, and 7226.91.5000.                        and hereby adopted by this notice.2
                                                  a Yield Strength of 75ksi min and UTS 95ksi                                                                       A summary of the events that
                                                  or more, Elongation of 18% or more and                     The products subject to the investigation
                                                                                                          may also enter under the following HTSUS               occurred since the Department
                                                  Reduction of area 35% or more; having
                                                  charpy V at ¥75 degrees F in the                        item numbers: 7208.40.6060, 7208.53.0000,              published the Preliminary
                                                  longitudinal direction equal or greater than            7208.90.0000, 7210.70.3000, 7210.90.9000,              Determination, as well as a full
                                                                                                          7211.19.1500, 7211.19.2000, 7211.19.4500,              discussion of the issues raised by parties
                                                  15 ft. lbs (single value) and equal or greater
                                                                                                          7211.19.6000, 7211.19.7590, 7211.90.0000,              for this final determination, may be
                                                  than 20 ft. lbs (average of 3 specimens) and
                                                                                                          7212.40.1000, 7212.40.5000, 7212.50.0000,              found in the Issues and Decision
                                                  conforming to the requirements of NACE
                                                                                                          7214.10.0000, 7214.30.0010, 7214.30.0080,
                                                  MR01–75; or
                                                                                                          7214.91.0015, 7214.91.0060, 7214.91.0090,              Memorandum. The Issues and Decision
                                                    (ii) With a Brinell hardness not less than                                                                   Memorandum is a public document and
                                                                                                          7225.11.0000, 7225.19.0000, 7225.40.5110,
                                                  240 HBW measured in all parts of the                                                                           is on file electronically via Enforcement
                                                                                                          7225.40.5130, 7225.40.5160, 7225.40.7000,
                                                  product including mid thickness; and having                                                                    and Compliance’s Antidumping and
                                                                                                          7225.99.0010, 7225.99.0090, 7226.11.1000,
                                                  a Yield Strength of 90 ksi min and UTS 110
                                                  ksi or more, Elongation of 15% or more and
                                                                                                          7226.11.9060, 7226.19.1000, 7226.19.9000,              Countervailing Duty Centralized
                                                                                                          7226.91.0500, 7226.91.1530, 7226.91.1560,              Electronic Service System (ACCESS).
                                                  Reduction of area 30% or more; having                   7226.91.2530, 7226.91.2560, 7226.91.7000,
                                                  charpy V at ¥40 degrees F in the                                                                               ACCESS is available to registered users
                                                                                                          7226.91.8000, and 7226.99.0180.                        at http://access.trade.gov, and is
                                                  longitudinal direction equal or greater than               The HTSUS subheadings above are
                                                  21 ft. lbs (single value) and equal or greater          provided for convenience and customs                   available to all parties in the Central
                                                  than 31 ft. lbs (average of 3 specimens);               purposes only. The written description of the          Records Unit, Room B8024 of the main
                                                    (d) Conforming to ASTM A578–S9                        scope of the investigation is dispositive.             Department of Commerce building. In
                                                  ultrasonic testing requirements with                                                                           addition, a complete version of the
                                                  acceptance criteria 3.2 mm flat bottom hole;            [FR Doc. 2017–01712 Filed 1–25–17; 8:45 am]
                                                                                                                                                                 Issues and Decision Memorandum can
                                                  and                                                     BILLING CODE 3510–DS–P
                                                    (e) Conforming to magnetic particle
                                                                                                                                                                 be accessed directly at http://
                                                  inspection in accordance with AMS 2301;
                                                                                                                                                                   1 See Certain Carbon and Alloy Steel Cut-To-
                                                    (7) Alloy forged and rolled steel CTL plate           DEPARTMENT OF COMMERCE                                 Length Plate from the People’s Republic of China:
                                                  over 407 mm in actual thickness and meeting                                                                    Preliminary Affirmative Determination of Sales at
                                                  the following requirements:                             International Trade Administration                     Less Than Fair Value, 81 FR 79450 (November 14,
                                                    (a) Made from Electric Arc Furnace melted,                                                                   2016) (Preliminary Determination) and
                                                  ladle refined & vacuum degassed, alloy steel            [A–570–047]
                                                                                                                                                                 accompanying Preliminary Decision Memorandum.
                                                  with the following chemical composition                                                                          2 See Memorandum from Gary Taverman,

                                                  (expressed in weight percentages):                      Certain Carbon and Alloy Steel Cut-To-                 Associate Deputy Assistant Secretary for
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                    • Carbon 0.25–0.30,                                   Length Plate From the People’s                         Antidumping and Countervailing Duty Operations,
                                                    • Silicon not greater than 0.25,                      Republic of China: Final Affirmative                   to Paul Piquado, Assistant Secretary for
                                                    • Manganese not greater than 0.50,                    Determination of Sales at Less Than                    Enforcement and Compliance, re: ‘‘Issues and
                                                                                                                                                                 Decision Memorandum for the Final Determination
                                                    • Nickel 3.0–3.5,                                     Fair Value                                             in the Antidumping Duty Investigation of Certain
                                                    • Sulfur not greater than 0.010,                                                                             Carbon and Alloy Steel Cut-To-Length Plate from
                                                    • Phosphorus not greater than 0.020,                  AGENCY:  Enforcement and Compliance,                   the People’s Republic of China’’ (‘‘Issues and
                                                    • Chromium 1.0–1.5,                                   International Trade Administration,                    Decision Memorandum’’), dated concurrently with
                                                    • Molybdenum 0.6–0.9,                                 Department of Commerce.                                this notice.



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                                                                               Federal Register / Vol. 82, No. 16 / Thursday, January 26, 2017 / Notices                                                      8511

                                                  enforcement.trade.gov/frn/. The signed                  The scope in Appendix I reflects the                    respondents that are eligible for a
                                                  Issues and Decision Memorandum and                      final scope language.                                   separate rate in this investigation. Policy
                                                  the electronic version are identical in                                                                         Bulletin 05.1 describes this practice.10
                                                                                                          Analysis of Comments Received
                                                  content.                                                                                                        However, as stated in the Preliminary
                                                                                                            All issues raised in the case and                     Determination, all parties subject to this
                                                  Period of Investigation                                 rebuttal briefs that were submitted by                  investigation are found to be part of the
                                                                                                          parties in this investigation are                       PRC-wide entity, to which we do not
                                                    The period of investigation (POI) is                  addressed in either the Final Scope                     assign a separate combination rate.11
                                                  October 1, 2015, through March 31,                      Decision Memorandum or the Issues
                                                  2016.                                                   and Decision Memorandum                                 Final Determination
                                                  Scope of the Investigation                              accompanying this notice, which is                        The Department determines that CTL
                                                                                                          hereby adopted by this notice. A list of                plate from the PRC is being, or is likely
                                                     The product covered by this                          the issues addressed in the Issues and                  to be, sold in the United States at LTFV,
                                                  investigation is CTL plate from the PRC.                Decision Memorandum is attached to                      and that the following dumping margin
                                                  For a full description of the scope of this             this notice at Appendix II.                             exists:
                                                  investigation, see the ‘‘Scope of the                   Separate Rates
                                                  Investigation’’ in Appendix I of this                                                                                                                 Dumping mar-
                                                                                                            For the final determination, we                                   Exporter                       gin
                                                  notice. Prior to the Preliminary                                                                                                                        (percent)
                                                                                                          continue to determine that Jiangyin
                                                  Determination, the Department issued a                  Xingcheng Special Steel Works Co.,
                                                  Preliminary Scope Decision                              Ltd., the sole mandatory respondent in
                                                                                                                                                                  PRC-Wide Entity ...................          68.27
                                                  Memorandum, followed by an                              this investigation, is not entitled to a
                                                  Additional Preliminary Scope Decision                   separate rate, and is included within the               Disclosure
                                                  Memorandum.3 Subsequently, various                      PRC-wide entity.                                          As stated in the Preliminary
                                                  interested parties submitted case 4 and                                                                         Determination, because the Department
                                                  rebuttal 5 briefs concerning scope. The                 PRC-Wide Entity
                                                                                                                                                                  established only one rate in this
                                                  Department reviewed these briefs,                         For the final determination, we                       investigation based entirely on AFA in
                                                  considered the arguments therein, and                   continue to find that the PRC-wide                      accordance with section 776 of the Act,
                                                  is not making any additional changes to                 entity, which includes certain PRC                      there are no calculations to disclose.
                                                  the scope of the investigation. For                     exporters and/or producers that did not                 The calculations performed in
                                                  further discussion, see the Department’s                respond to the Department’s requests for                connection with this final determination
                                                  Final Scope Decision Memorandum.6                       information, failed to provide necessary                are not proprietary in nature and are
                                                                                                          information, failed to provide                          described in the Preliminary
                                                    3 See Memorandum to Christian Marsh, Deputy           information in a timely manner, and                     Determination, the Petition and in the
                                                  Assistant Secretary for Antidumping and                 significantly impeded this proceeding                   PRC AD Initiation Checklist.12
                                                  Countervailing Duty Operations, ‘‘Certain Carbon        by not submitting the requested
                                                  and Alloy Steel Cut-to-Length Plate from Austria,       information. We also continue to find                   Continuation of Suspension of
                                                  Belgium, Brazil, the People’s Republic of China,                                                                Liquidation
                                                  France, the Federal Republic of Germany, Italy,
                                                                                                          that the PRC-wide entity failed to
                                                  Japan, the Republic of Korea, the Republic of South     cooperate. As a result, we continue to                    In accordance with section
                                                  Africa, Taiwan, and Turkey: Scope Comments              assign to the PRC-wide entity a                         735(c)(1)(B) of the Act, we will direct
                                                  Decision Memorandum for the Preliminary                 dumping margin on the basis of adverse                  U.S. Customs and Border Protection
                                                  Determinations,’’ dated September 6, 2016
                                                  (Preliminary Scope Decision Memorandum), and
                                                                                                          facts available (AFA) pursuant to                       (CBP) to continue to suspend
                                                  Memorandum to Christian Marsh, Deputy Assistant         section 776(b) of the Act.7 Furthermore,
                                                  Secretary for Antidumping and Countervailing Duty       we continue to find that the highest                       10 See Enforcement and Compliance’s Policy
                                                  Operations, Certain Carbon and Alloy Steel Cut-to-      petition margin of 68.27 percent is                     Bulletin No. 05.1, regarding, ‘‘Separate-Rates
                                                  Length Plate From Austria, Belgium, Brazil, the         corroborated to the extent practicable                  Practice and Application of Combination Rates in
                                                  People’s Republic of China, France, the Federal                                                                 Antidumping Investigations involving Non-Market
                                                  Republic of Germany, Italy, Japan, the Republic of      within the meaning of section 776(c) of                 Economy Countries’’ (April 5, 2005) (Policy Bulletin
                                                  Korea, the Republic of South Africa, Taiwan, and        the Act for the reasons articulated in the              05.1), available on the Department’s Web site at
                                                  Turkey: Additional Scope Comments Preliminary           Preliminary Determination.8 Therefore,                  http://enforcement.trade.gov/policy/bull05-1.pdf.
                                                  Decision Memorandum and Extension of Deadlines          for the final determination, we continue                   11 Id.; see also Preliminary Determination, 81 FR
                                                  for Scope Case Briefs and Scope Rebuttal Briefs,’’                                                              at 79451; Calcium Hypochlorite from the People’s
                                                  dated October 13, 2016 (Additional Preliminary          to assign this dumping margin (i.e.,
                                                                                                                                                                  Republic of China: Preliminary Determination of
                                                  Scope Decision Memorandum), respectively.               68.27 percent) to the PRC-wide entity.                  Sales at Less Than Fair Value and Postponement
                                                    4 These parties include Misumi USA, Inc., PCS
                                                                                                                                                                  of Final Determination, 79 FR 43393, 43394 (July
                                                  Company, Hitachi Metals, Ltd., Friedr. Lohmann          Combination Rates                                       25, 2014), unchanged in Calcium Hypochlorite from
                                                  GmbH, AG der Dillinger Huettenwerke, Dillinger            In the Initiation Notice,9 the                        the People’s Republic of China: Final Determination
                                                  France S.A., voestalpine AG, voestalpine Grobblech                                                              of Sales at Less Than Fair Value, 79 FR 74065
                                                  GmbH, voestalpine Steel & Service Center GmbH,
                                                                                                          Department stated that it would
                                                                                                                                                                  (December 15, 2014).
                                                  Bohler Bleche GmbH & Co KG, Bohler Uddeholm             calculate combination rates for the                        12 See Preliminary Determination, 81 FR at
                                                  Corporation, Simonds International Holding, Inc.,                                                               79451–52; Petitions for the Imposition of
                                                  and The KnifeSource LLC.                                   7 As stated in the Preliminary Determination, we
                                                                                                                                                                  Antidumping and Countervailing Duties: Certain
                                                    5 These parties include ArcelorMittal USA LLC,        did not conduct verification pursuant to section        Carbon and Alloy Steel Cut-To-Length Plate from
                                                  Nucor Corporation, and SSAB Enterprises, LLC            782(i) of the Act because the only rate established     Austria, Belgium, Brazil, France, the Federal
                                                  (collectively, the petitioners).                        in the case is based entirely on AFA.                   Republic of Germany, Italy, Japan, the Republic of
                                                    6 See Memorandum to Christian Marsh, Deputy              8 See Preliminary Determination and                  Korea, the People’s Republic of China, South Africa,
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Assistant Secretary for Antidumping and                 accompanying Preliminary Decision Memorandum            Taiwan, and the Republic of Turkey, dated April 8,
                                                  Countervailing Duty Operations, ‘‘Certain Carbon        at 10–12.                                               2016 (Petition), Volume IV at 24; Supplement to the
                                                  and Alloy Steel Cut-to-Length Plate from Austria,          9 See Certain Carbon and Alloy Steel Cut-to-         Petition, dated April 18, 2016; see also Initiation
                                                  Belgium, Brazil, the People’s Republic of China,        Length Plate from Austria, Belgium, Brazil, France,     Notice and accompanying Antidumping Duty
                                                  France, the Federal Republic of Germany, Italy,         the Federal Republic of Germany, Italy, Japan, the      Investigation Initiation Checklist: Certain Carbon
                                                  Japan, the Republic of Korea, the Republic of South     Republic of Korea, the People’s Republic of China,      and Alloy Steel Cut-to-Length Plate from the
                                                  Africa, Taiwan, and Turkey: Final Scope Comments        South Africa, Taiwan, and the Republic of Turkey:       People’s Republic of China (PRC AD Initiation
                                                  Decision Memorandum,’’ dated November 29, 2016          Initiation of Less-Than-Fair-Value Investigations, 81   Checklist), at pages 7–11; and Preliminary Decision
                                                  (Final Scope Decision Memorandum).                      FR 27089, 27095 (May 5, 2016) (Initiation Notice).      Memorandum at 11–12.



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                                                  8512                         Federal Register / Vol. 82, No. 16 / Thursday, January 26, 2017 / Notices

                                                  liquidation of all entries of CTL plate                 the United States is materially injured,               subsequent to the rolling process, i.e.,
                                                  from the PRC, as described in Appendix                  or threatened with material injury, by                 products which have been ‘‘worked after
                                                  I of this notice, which are entered, or                 reason of imports of CTL plate from the                rolling’’ (e.g., products which have been
                                                                                                                                                                 beveled or rounded at the edges).
                                                  withdrawn from warehouse, for                           PRC, or sales (or the likelihood of sales)                For purposes of the width and thickness
                                                  consumption on or after November 14,                    for importation, of CTL plate from the                 requirements referenced above, the following
                                                  2016, the date of publication in the                    PRC. If the ITC determines that such                   rules apply:
                                                  Federal Register of the affirmative                     injury does not exist, this proceeding                    (1) Except where otherwise stated where
                                                  Preliminary Determination. Pursuant to                  will be terminated and all securities                  the nominal and actual thickness or width
                                                  section 735(c)(1) of the Act, we will                   posted will be refunded or canceled. If                measurements vary, a product from a given
                                                  instruct CBP to require a cash deposit                  the ITC determines that such injury                    subject country is within the scope if
                                                  equal to the margin indicated in the                                                                           application of either the nominal or actual
                                                                                                          does exist, the Department intends to
                                                                                                                                                                 measurement would place it within the scope
                                                  chart above.13 These suspension of                      issue an antidumping duty order                        based on the definitions set forth above
                                                  liquidation instructions will remain in                 directing CBP to assess, upon further                  unless the product is already covered by an
                                                  effect until further notice.                            instruction by the Department,                         order existing on that specific country (e.g.,
                                                     In a LTFV investigation with a                       antidumping duties on all imports of the               Notice of the Antidumping Duty Order:
                                                  companion countervailing duty (CVD)                     subject merchandise entered, or                        Certain Hot-Rolled Carbon Steel Flat
                                                  investigation, we normally adjust                       withdrawn from warehouse, for                          Products From the People’s Republic of
                                                  antidumping duty cash deposit rates by                  consumption on or after the effective                  China, 66 FR 59561 (November 29, 2001));
                                                  the amount of export subsidies, where                                                                          and
                                                                                                          date of the suspension of liquidation.                    (2) where the width and thickness vary for
                                                  appropriate. However, in this
                                                                                                          Notification Regarding Administrative                  a specific product (e.g., the thickness of
                                                  investigation, we made no adjustments                                                                          certain products with non-rectangular cross-
                                                  to the PRC-wide entity’s antidumping                    Protective Orders
                                                                                                                                                                 section, the width of certain products with
                                                  cash deposit rate of 68.27 percent                        This notice will serve as a reminder                 non-rectangular shape, etc.), the
                                                  because the Department made no                          to the parties subject to administrative               measurement at its greatest width or
                                                  findings in the companion CVD                           protective order (APO) of their                        thickness applies.
                                                  investigation that any of the subsidies in              responsibility concerning the                             Steel products included in the scope of this
                                                  question are export subsidies.14                        disposition of propriety information                   investigation are products in which: (1) Iron
                                                     Further, pursuant to section 777A(f)                                                                        predominates, by weight, over each of the
                                                                                                          disclosed under APO in accordance                      other contained elements; and (2) the carbon
                                                  of the Act, we normally adjust cash                     with 19 CFR 351.305. Timely written                    content is 2 percent or less by weight.
                                                  deposit rates for estimated domestic                    notification of return or destruction of                  Subject merchandise includes cut-to-length
                                                  subsidy pass-through, where                             APO materials or conversion to judicial                plate that has been further processed in the
                                                  appropriate. However, in this case, we                  protective order is hereby requested.                  subject country or a third country, including
                                                  continue to determine that there is no                  Failure to comply with the regulations                 but not limited to pickling, oiling, levelling,
                                                  record evidence demonstrating that a                    and terms of an APO is a sanctionable                  annealing, tempering, temper rolling, skin
                                                  domestic subsidy pass-through                                                                                  passing, painting, varnishing, trimming,
                                                                                                          violation.                                             cutting, punching, beveling, and/or slitting,
                                                  adjustment is warranted.15 Thus, the                      We intend to issue and publish this                  or any other processing that would not
                                                  Department has not made an adjustment                   determination in accordance with                       otherwise remove the merchandise from the
                                                  to the antidumping duty cash deposit                    sections 735(d) and 777(i)(1) of the Act.              scope of the investigation if performed in the
                                                  rates under section 777A(f) of the Act.                                                                        country of manufacture of the cut-to-length
                                                                                                            Dated: January 17, 2017.
                                                  International Trade Commission                                                                                 plate.
                                                                                                          Ronald K. Lorentzen,                                      All products that meet the written physical
                                                  Notification                                            Acting Assistant Secretary for Enforcement             description, are within the scope of this
                                                    In accordance with section 735(d) of                  and Compliance.                                        investigation unless specifically excluded or
                                                  the Act, we intend to notify the                                                                               covered by the scope of an existing order.
                                                                                                          Appendix I—Scope of the Investigation                  The following products are outside of, and/
                                                  International Trade Commission (ITC) of
                                                  the final affirmative determination of                     The products covered by this investigation          or specifically excluded from, the scope of
                                                                                                          are certain carbon and alloy steel hot-rolled          this investigation:
                                                  sales at LTFV. As the Department’s final                                                                          (1) Products clad, plated, or coated with
                                                                                                          or forged flat plate products not in coils,
                                                  determination is affirmative, in                        whether or not painted, varnished, or coated           metal, whether or not painted, varnished or
                                                  accordance with section 735(b)(2) of the                with plastics or other non-metallic                    coated with plastic or other non-metallic
                                                  Act, the ITC will determine, within 45                  substances (cut-to-length plate). Subject              substances;
                                                  days, whether the domestic industry in                  merchandise includes plate that is produced               (2) military grade armor plate certified to
                                                                                                          by being cut-to-length from coils or from              one of the following specifications or to a
                                                     13 See Modification of Regulations Regarding the     other discrete length plate and plate that is          specification that references and incorporates
                                                  Practice of Accepting Bonds During the Provisional      rolled or forged into a discrete length. The           one of the following specifications:
                                                  Measures Period in Antidumping and                      products covered include (1) Universal mill            • MIL–A–12560,
                                                  Countervailing Duty Investigations, 76 FR 61042         plates (i.e., flat-rolled products rolled on four      • MIL–DTL–12560H,
                                                  (October 3, 2011).
                                                     14 See Preliminary Decision Memorandum at 12–
                                                                                                          faces or in a closed box pass, of a width              • MIL–DTL–12560J,
                                                  13 and Certain Carbon and Alloy Steel Cut-to-
                                                                                                          exceeding 150 mm but not exceeding 1250                • MIL–DTL–12560K,
                                                  Length Plate from the People’s Republic of China:       mm, and of a thickness of not less than 4              • MIL–DTL–32332,
                                                  Final Affirmative Countervailing Duty                   mm, which are not in coils and without                 • MIL–A–46100D,
                                                  Determination (unpublished); see also Circular          patterns in relief), and (2) hot-rolled or forged      • MIL–DTL–46100–E,
                                                  Welded Carbon-Quality Steel Pipe from Pakistan:         flat steel products of a thickness of 4.75 mm          • MIL–46177C,
                                                  Affirmative Preliminary Determination of Sales at       or more and of a width which exceeds 150               • MIL–S–16216K Grade HY80,
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  Less Than Fair Value and Postponement of Final          mm and measures at least twice the                     • MIL–S–16216K Grade HY100,
                                                  Determination and Extension of Provisional              thickness, and which are not in coils,                 • MIL–S–24645A HSLA–80;
                                                  Measures, 81 FR 36867 (June 8, 2016) and
                                                  accompanying Preliminary Decision Memorandum
                                                                                                          whether or not with patterns in relief. The            • MIL–S–24645A HSLA–100,
                                                  at page 13, unchanged in Circular Welded Carbon-        covered products described above may be                • T9074–BD–GIB–010/0300 Grade HY80,
                                                  Quality Steel Pipe from Pakistan: Final Affirmative     rectangular, square, circular or other shapes          • T9074–BD–GIB–010/0300 Grade HY100,
                                                  Determination of Sales at Less Than Fair Value, 81      and include products of either rectangular or          • T9074–BD–GIB–010/0300 Grade HSLA80,
                                                  FR 75028 (October 28, 2016).                            non-rectangular cross-section where such               • T9074–BD–GIB–010/0300 Grade HSLA100,
                                                     15 See Preliminary Decision Memorandum at 12.        non-rectangular cross-section is achieved                 and



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                                                                               Federal Register / Vol. 82, No. 16 / Thursday, January 26, 2017 / Notices                                                  8513

                                                  • T9074–BD–GIB–010/0300 Mod. Grade                         (i) With a Brinell hardness not more than           cut-to-length carbon steel plate from the
                                                     HSLA115,                                             237 HBW measured in all parts of the                   People’s Republic of China. See Suspension
                                                  except that any cut-to-length plate certified to        product including mid thickness; and having            Agreement on Certain Cut-to-Length Carbon
                                                  one of the above specifications, or to a                a Yield Strength of 75ksi min and UTS 95ksi            Steel Plate From the People’s Republic of
                                                  military grade armor specification that                 or more, Elongation of 18% or more and                 China; Termination of Suspension
                                                  references and incorporates one of the above            Reduction of area 35% or more; having
                                                                                                                                                                 Agreement and Notice of Antidumping Duty
                                                  specifications, will not be excluded from the           charpy V at ¥75 degrees F in the
                                                                                                          longitudinal direction equal or greater than           Order, 68 FR 60,081 (Dep’t Commerce Oct.
                                                  scope if it is also dual- or multiple-certified
                                                                                                          15 ft. lbs (single value) and equal or greater         21, 2003), as amended, Affirmative Final
                                                  to any other non-armor specification that
                                                  otherwise would fall within the scope of this           than 20 ft. lbs (average of 3 specimens) and           Determination of Circumvention of the
                                                  order;                                                  conforming to the requirements of NACE                 Antidumping Duty Order on Certain Cut-to-
                                                     (3) stainless steel plate, containing 10.5           MR01–75; or                                            Length Carbon Steel Plate From the People’s
                                                  percent or more of chromium by weight and                  (ii) With a Brinell hardness not less than          Republic of China, 76 FR 50,996, 50,996–97
                                                  not more than 1.2 percent of carbon by                  240 HBW measured in all parts of the                   (Dep’t of Commerce Aug. 17, 2011). On
                                                  weight;                                                 product including mid thickness; and having            August 17, 2011, the U.S. Department of
                                                     (4) CTL plate meeting the requirements of            a Yield Strength of 90 ksi min and UTS 110             Commerce found that the order covered all
                                                  ASTM A–829, Grade E 4340 that are over 305              ksi or more, Elongation of 15% or more and
                                                                                                                                                                 imports of certain cut-to-length carbon steel
                                                  mm in actual thickness;                                 Reduction of area 30% or more; having
                                                     (5) Alloy forged and rolled CTL plate                charpy V at ¥40 degrees F in the                       plate products with 0.0008 percent or more
                                                  greater than or equal to 152.4 mm in actual             longitudinal direction equal or greater than           boron, by weight, from China not meeting all
                                                  thickness meeting each of the following                 21 ft. lbs (single value) and equal or greater         of the following requirements: aluminum
                                                  requirements:                                           than 31 ft. lbs (average of 3 specimens);              level of 0.02 percent or greater, by weight; a
                                                     (a) Electric furnace melted, ladle refined &            (d) Conforming to ASTM A578–S9                      ratio of 3.4 to 1 or greater, by weight, of
                                                  vacuum degassed and having a chemical                   ultrasonic testing requirements with                   titanium to nitrogen; and a hardenability test
                                                  composition (expressed in weight                        acceptance criteria 3.2 mm flat bottom hole;           (i.e., Jominy test) result indicating a boron
                                                  percentages):                                           and                                                    factor of 1.8 or greater.
                                                  • Carbon 0.23–0.28,                                        (e) Conforming to magnetic particle                    The products subject to the investigation
                                                  • Silicon 0.05–0.20,                                    inspection in accordance with AMS 2301;
                                                                                                                                                                 are currently classified in the Harmonized
                                                  • Manganese 1.20–1.60,                                     (7) Alloy forged and rolled steel CTL plate
                                                                                                                                                                 Tariff Schedule of the United States (HTSUS)
                                                  • Nickel not greater than 1.0,                          over 407 mm in actual thickness and meeting
                                                  • Sulfur not greater than 0.007,                        the following requirements:                            under item numbers: 7208.40.3030,
                                                  • Phosphorus not greater than 0.020,                       (a) Made from Electric Arc Furnace melted,          7208.40.3060, 7208.51.0030, 7208.51.0045,
                                                  • Chromium 1.0–2.5,                                     ladle refined & vacuum degassed, alloy steel           7208.51.0060, 7208.52.0000, 7211.13.0000,
                                                  • Molybdenum 0.35–0.80,                                 with the following chemical composition                7211.14.0030, 7211.14.0045, 7225.40.1110,
                                                  • Boron 0.002–0.004,                                    (expressed in weight percentages):                     7225.40.1180, 7225.40.3005, 7225.40.3050,
                                                  • Oxygen not greater than 20 ppm,                       • Carbon 0.25–0.30,                                    7226.20.0000, and 7226.91.5000.
                                                  • Hydrogen not greater than 2 ppm, and                  • Silicon not greater than 0.25,                          The products subject to the investigation
                                                  • Nitrogen not greater than 60 ppm;                     • Manganese not greater than 0.50,                     may also enter under the following HTSUS
                                                     (b) With a Brinell hardness measured in all          • Nickel 3.0–3.5,                                      item numbers: 7208.40.6060, 7208.53.0000,
                                                  parts of the product including mid thickness            • Sulfur not greater than 0.010,                       7208.90.0000, 7210.70.3000, 7210.90.9000,
                                                  falling within one of the following ranges:             • Phosphorus not greater than 0.020,
                                                                                                                                                                 7211.19.1500, 7211.19.2000, 7211.19.4500,
                                                     (i) 270–300 HBW,                                     • Chromium 1.0–1.5,
                                                     (ii) 290–320 HBW, or                                 • Molybdenum 0.6–0.9,                                  7211.19.6000, 7211.19.7590, 7211.90.0000,
                                                     (iii) 320–350HBW;                                    • Vanadium 0.08 to 0.12                                7212.40.1000, 7212.40.5000, 7212.50.0000,
                                                     (c) Having cleanliness in accordance with            • Boron 0.002–0.004,                                   7214.10.0000, 7214.30.0010, 7214.30.0080,
                                                  ASTM E45 method A (Thin and Heavy): A                   • Oxygen not greater than 20 ppm,                      7214.91.0015, 7214.91.0060, 7214.91.0090,
                                                  not exceeding 1.5, B not exceeding 1.0, C not           • Hydrogen not greater than 2 ppm, and                 7225.11.0000, 7225.19.0000, 7225.40.5110,
                                                  exceeding 0.5, D not exceeding 1.5; and                 • Nitrogen not greater than 60 ppm.                    7225.40.5130, 7225.40.5160, 7225.40.7000,
                                                     (d) Conforming to ASTM A578–S9                          (b) Having cleanliness in accordance with           7225.99.0010, 7225.99.0090, 7226.11.1000,
                                                  ultrasonic testing requirements with                    ASTM E45 method A (Thin and Heavy): A                  7226.11.9060, 7226.19.1000, 7226.19.9000,
                                                  acceptance criteria 2 mm flat bottom hole;              not exceeding 1.0(t) and 0.5(h), B not                 7226.91.0500, 7226.91.1530, 7226.91.1560,
                                                     (6) Alloy forged and rolled steel CTL plate          exceeding 1.5(t) and 1.0(h), C not exceeding           7226.91.2530, 7226.91.2560, 7226.91.7000,
                                                  over 407 mm in actual thickness and meeting             1.0(t) and 0.5(h), and D not exceeding 1.5(t)
                                                  the following requirements:                                                                                    7226.91.8000, and 7226.99.0180.
                                                                                                          and 1.0(h);
                                                     (a) Made from Electric Arc Furnace melted,                                                                     The HTSUS subheadings above are
                                                                                                             (c) Having the following mechanical
                                                  Ladle refined & vacuum degassed, alloy steel            properties: A Brinell hardness not less than           provided for convenience and customs
                                                  with the following chemical composition                 350 HBW measured in all parts of the                   purposes only. The written description of the
                                                  (expressed in weight percentages):                      product including mid thickness; and having            scope of the investigation is dispositive.
                                                  • Carbon 0.23–0.28,                                     a Yield Strength of 145ksi or more and UTS
                                                  • Silicon 0.05–0.15,                                    160ksi or more, Elongation of 15% or more              Appendix II—List of Topics Discussed
                                                  • Manganese 1.20–1.50,                                  and Reduction of area 35% or more; having              in the Issues and Decision
                                                  • Nickel not greater than 0.4,                          charpy V at ¥40 degrees F in the transverse            Memorandum
                                                  • 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.        I. Summary
                                                  • Chromium 1.20–1.50,                                   lbs (average of 3 specimens);                          II. Background
                                                  • Molybdenum 0.35–0.55,                                    (d) Conforming to ASTM A578–S9                      III. Discussion of the Issues
                                                  • Boron 0.002–0.004,                                    ultrasonic testing requirements with                      Comment 1: Separate Rate Treatment of
                                                  • Oxygen not greater than 20 ppm,                       acceptance criteria 3.2 mm flat bottom hole;                 Tiangong
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  • Hydrogen not greater than 2 ppm, and                  and                                                       Comment 2: Separate Rate Treatment of
                                                  • Nitrogen not greater than 60 ppm;                        (e) Conforming to magnetic particle                       Jiangyin Special
                                                     (b) Having cleanliness in accordance with            inspection in accordance with AMS 2301.                IV. Recommendation
                                                  ASTM E45 method A (Thin and Heavy): A                      Excluded from the scope of the
                                                                                                                                                                 [FR Doc. 2017–01710 Filed 1–25–17; 8:45 am]
                                                  not exceeding 1.5, B not exceeding 1.5, C not           antidumping duty investigation on cut-to-
                                                  exceeding 1.0, D not exceeding 1.5;                     length plate from the People’s Republic of             BILLING CODE 3510–DS–P
                                                     (c) Having the following mechanical                  China are any products covered by the
                                                  properties:                                             existing antidumping duty order on certain



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Document Created: 2017-01-26 00:04:43
Document Modified: 2017-01-26 00:04:43
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
DatesEffective January 26, 2017.
ContactIrene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6905.
FR Citation82 FR 8510 

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