83 FR 22008 - Clad Steel Plate From Japan: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 92 (May 11, 2018)

Page Range		22008-22009
FR Document		2018-10069

As a result of this expedited sunset review, Commerce finds that revocation of the antidumping duty order would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice.

Federal Register, Volume 83 Issue 92 (Friday, May 11, 2018)

[Federal Register Volume 83, Number 92 (Friday, May 11, 2018)]
[Notices]
[Pages 22008-22009]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10069]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-838]


Clad Steel Plate From Japan: Final Results of the Expedited 
Fourth Sunset Review of the Antidumping Duty Order

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

SUMMARY: As a result of this expedited sunset review, Commerce finds 
that revocation of the antidumping duty order would be likely to lead 
to the continuation or recurrence of dumping at the levels indicated in 
the ``Final Results of Review'' section of this notice.

DATES: Applicable May 11, 2018.

FOR FURTHER INFORMATION CONTACT:  David Crespo, AD/CVD Operations, 
Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3693.

SUPPLEMENTARY INFORMATION: 

Background

    On January 2, 2018, Commerce published the notice of initiation of 
the fourth sunset review of the antidumping duty order on clad steel 
plate from Japan\1\ pursuant to section 751(c) of the Act.\2\ On 
January 16, 2018, Commerce received a notice of intent to participate 
from DMC Global Inc., dba NobelClad (DMC), a domestic interested party, 
within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ DMC 
claimed interested party status under section 771(9)(C) of the Act as a 
producer of clad steel plate in the United States.
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    \1\ See Notice of Antidumping Order: Clad Steel Plate from 
Japan, 61 FR 34421 (July 2, 1996).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 83 FR 100 
(January 2, 2018).
    \3\ See Letter ``Clad Steel Plate from Japan--Five-Year 
(`Sunset') Review of Antidumping Duty Order--Notice of Intent to 
Participate,'' dated January 16, 2018.
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    Commerce exercised its discretion to toll all deadlines affected by 
the closure of the Federal Government from January 20 through January 
22, 2018. As a result, the revised deadline for the final results of 
this review is now May 7, 2018.\4\
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    \4\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 23, 2018. All deadlines in this 
segment of the proceeding affected by the closure of the Federal 
Government have been extended by three days.
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    On January 31, 2018, Commerce received an adequate substantive 
response to the notice of initiation from DMC within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i).\5\ We received no 
substantive responses from respondent interested parties with respect 
to the order covered by this sunset review.
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    \5\ See Letter ``Clad Steel Plate from Japan: Five-Year (`4th 
Sunset') Review of Antidumping Duty Order--DMC Global Inc. dba 
NobelClad's Substantive Response to Notice of Initiation,'' dated 
January 31, 2018.
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    On February 23, 2018, Commerce notified the U.S. International 
Trade Commission that it did not receive an adequate substantive 
response from respondent interested parties.\6\ As a result, pursuant 
to 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce 
conducted an expedited (120-day) sunset review of the

[[Page 22009]]

antidumping duty order on clad steel plate from Japan.
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    \6\ See Letter re: ``Sunset Reviews Initiated on January 2, 
2018,'' dated February 23, 2018.
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Scope of the Order

    The scope of the order is all clad \7\ steel plate of a width of 
600 millimeters (mm) or more and a composite thickness of 4.5 mm or 
more. Clad steel plate is a rectangular finished steel mill product 
consisting of a layer of cladding material (usually stainless steel or 
nickel) which is metallurgically bonded to a base or backing of ferrous 
metal (usually carbon or low alloy steel) where the latter predominates 
by weight.
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    \7\ Cladding is the association of layers of metals of different 
colors or natures by molecular interpenetration of the surfaces in 
contact. This limited diffusion is characteristic of clad products 
and differentiates them from products metalized in other manners 
(e.g., by normal electroplating). The various cladding processes 
include pouring molten cladding metal onto the basic metal followed 
by rolling; simple hot-rolling of the cladding metal to ensure 
efficient welding to the basic metal; any other method of deposition 
of superimposing of the cladding metal followed by any mechanical or 
thermal process to ensure welding (e.g., electrocladding), in which 
the cladding metal (nickel, chromium, etc.) is applied to the basic 
metal by electroplating, molecular interpenetration of the surfaces 
in contact then being obtained by heat treatment at the appropriate 
temperature with subsequent cold rolling. See Harmonized Commodity 
Description and Coding System Explanatory Notes, Chapter 72, General 
Note (IV)(C)(2)(e).
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    Stainless clad steel plate is manufactured to American Society for 
Testing and Materials (ASTM) specifications A263 (400 series stainless 
types) and A264 (300 series stainless types). Nickel and nickel-base 
alloy clad steel plate is manufactured to ASTM specification A265. 
These specifications are illustrative but not necessarily all-
inclusive.
    Clad steel plate within the scope of the order is classifiable 
under the Harmonized Tariff Schedule of the United States (HTSUS) 
7210.90.10.00. Although the HTSUS subheading is provided for 
convenience and customs purposes, our written description of the scope 
of the order is dispositive.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum,\8\ which is hereby adopted by this notice. The 
issues discussed in the Issues and Decision Memorandum are the 
likelihood of continuation or recurrence of dumping and the magnitude 
of the dumping margin likely to prevail if the order were revoked. 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://acess.trade.gov, and 
to all 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 on the internet at http://enforcement.trade.gov/frn. The signed Issues and Decision Memorandum 
and the electronic version of the Issues and Decision Memorandum are 
identical in content.
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    \8\ See Memorandum ``Issues and Decision Memorandum for the 
Expedited Fourth Sunset Review of the Antidumping Duty Order on Clad 
Steel Plate from Japan,'' dated concurrently with this notice 
(Issues and Decision Memorandum).
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Final Results of Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the antidumping duty order on 
clad steel plate from Japan would be likely to lead to the continuation 
or recurrence of dumping at weighted-average dumping margins up to 
118.53 percent.\9\
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    \9\ Commerce assigned this margin of 118.53 percent to The Japan 
Steel Company and ``All Others'' in the less than fair value 
investigation on the basis of adverse facts available using the rate 
contained in the petition. See Notice of Final Determination of 
Sales at Less Than Fair Value: Clad Steel Plate from Japan, 61 FR 
21158, 21159 (May 9, 1996).
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Notification to Interested Parties

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: May 4, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-10069 Filed 5-10-18; 8:45 am]
 BILLING CODE 3510-DS-P

22008 Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Notices

final determination in the less-than-fair purposes, our written description of the FOR FURTHER INFORMATION CONTACT:
value investigation of foundry coke from scope of the order is dispositive.7 David Crespo, AD/CVD Operations,
China.1 On September 17, 2001, Office II, Enforcement and Compliance,
Continuation of the Order
Commerce published the Order on International Trade Administration,
foundry coke from China.2 On May 1, As a result of the determinations by U.S. Department of Commerce, 1401
2017, the Department published the Commerce and the ITC that revocation Constitution Avenue NW, Washington,
notice of initiation of the third sunset of the Order would likely lead to a DC 20230; telephone: (202) 482–3693.
review of the Order, pursuant to section continuation or recurrence of dumping
SUPPLEMENTARY INFORMATION:
751(c) of the Tariff Act of 1930, as and material injury to an industry in the
amended (the Act).3 Commerce United States, pursuant to section Background
conducted the sunset review on an 751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the On January 2, 2018, Commerce
expedited basis, pursuant to section published the notice of initiation of the
continuation of the Order on foundry
751(c)(3)(B) of the Act and 19 CFR fourth sunset review of the antidumping
coke from China. U.S. Customs and
351.218(e)(1)(ii)(C)(2), because it duty order on clad steel plate from
Border Protection will continue to
received a complete and adequate Japan1 pursuant to section 751(c) of the
collect cash deposits at the rates in
response from domestic interested Act.2 On January 16, 2018, Commerce
effect at the time of entry for all imports
parties, but no substantive responses of subject merchandise. received a notice of intent to participate
from respondent interested parties.4 As The effective date of the continuation from DMC Global Inc., dba NobelClad
a result of its expedited sunset review, of the Order will be the date of (DMC), a domestic interested party,
Commerce determined that revocation publication in the Federal Register of within the deadline specified in 19 CFR
of the Order would likely lead to a this notice of continuation. Pursuant to 351.218(d)(1)(i).3 DMC claimed
continuation or recurrence of dumping.5 section 751(c)(2) of the Act, Commerce interested party status under section
The Department, therefore, notified the intends to initiate the next five-year 771(9)(C) of the Act as a producer of
ITC of the magnitude of the margins review of the order not later than 30 clad steel plate in the United States.
likely to prevail should the Order be days prior to the fifth anniversary of the Commerce exercised its discretion to
revoked. On April 24, 2018, the ITC effective date of continuation. toll all deadlines affected by the closure
published notice of its determination, This five-year sunset review and this of the Federal Government from January
pursuant to section 751(c) of the Act, notice are in accordance with section 20 through January 22, 2018. As a result,
that revocation of the AD order on 751(c) of the Act and published the revised deadline for the final results
foundry coke from China would likely pursuant to section 777(i)(1) of the Act of this review is now May 7, 2018.4
lead to a continuation or recurrence of and 19 CFR 351.218(f)(4). On January 31, 2018, Commerce
material injury to an industry in the Dated: May 7, 2018. received an adequate substantive
United States within a reasonably Gary Taverman, response to the notice of initiation from
foreseeable time.6 Deputy Assistant Secretary for Antidumping DMC within the 30-day deadline
Scope of the Order and Countervailing Duty Operations, specified in 19 CFR 351.218(d)(3)(i).5
performing the non-exclusive functions and We received no substantive responses
The product covered under the order duties of the Assistant Secretary for from respondent interested parties with
is coke larger than 100 mm (4 inches) Enforcement and Compliance. respect to the order covered by this
in maximum diameter and at least 50 [FR Doc. 2018–10068 Filed 5–10–18; 8:45 am] sunset review.
percent of which is retained on a 100 BILLING CODE 3510–DS–P
On February 23, 2018, Commerce
mm (4 inch) sieve, of a kind used in notified the U.S. International Trade
foundries. The foundry coke products Commission that it did not receive an
subject to the order are currently DEPARTMENT OF COMMERCE
adequate substantive response from
classifiable under subheading International Trade Administration respondent interested parties.6 As a
2704.00.0011 of the Harmonized Tariff result, pursuant to 751(c)(3)(B) of the
Schedule of the United States (HTSUS). [A–588–838] Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Although the HTSUS subheadings are Commerce conducted an expedited
provided for convenience and Customs Clad Steel Plate From Japan: Final (120-day) sunset review of the
Results of the Expedited Fourth
1 See Final Determination or Sales at Less Than
Sunset Review of the Antidumping 1 See Notice of Antidumping Order: Clad Steel

Fair Value: Foundry Coke Products from the Duty Order Plate from Japan, 61 FR 34421 (July 2, 1996).
People’s Republic of China, 66 FR 39487 (July 31, 2 See Initiation of Five-Year (Sunset) Reviews, 83
2001). AGENCY: Enforcement and Compliance, FR 100 (January 2, 2018).
2 See Notice of Amended Final Determination of International Trade Administration, 3 See Letter ‘‘Clad Steel Plate from Japan—Five-
Sales at Less Than Fair Value and Antidumping Department of Commerce. Year (‘Sunset’) Review of Antidumping Duty
Duty Order: Foundry Coke Products from The Order—Notice of Intent to Participate,’’ dated
People’s Republic of China, 66 FR 48025
SUMMARY: As a result of this expedited
January 16, 2018.
(September 17, 2001) (Order). sunset review, Commerce finds that 4 See Memorandum, ‘‘Deadlines Affected by the
3 See Initiation of Five-Year (Sunset) Review, 82 revocation of the antidumping duty Shutdown of the Federal Government,’’ dated
FR 20314 (May 1, 2017). order would be likely to lead to the January 23, 2018. All deadlines in this segment of
4 See Domestic Producers’ submission, ‘‘Foundry the proceeding affected by the closure of the
continuation or recurrence of dumping
sradovich on DSK3GMQ082PROD with NOTICES

Coke from China, Third Sunset Review: Substantive Federal Government have been extended by three
Response to Notice of Initiation of Sunset Review,’’
at the levels indicated in the ‘‘Final days.
dated May 31, 2017. Results of Review’’ section of this 5 See Letter ‘‘Clad Steel Plate from Japan: Five-
5 See Foundry Coke Products from the People’s notice. Year (‘4th Sunset’) Review of Antidumping Duty
Republic of China Final Results of the Expedited Order—DMC Global Inc. dba NobelClad’s
Sunset Reviews of the Antidumping Duty Order, 82 DATES: Applicable May 11, 2018. Substantive Response to Notice of Initiation,’’ dated
FR 41598 (September 1, 2017). January 31, 2018.
6 See Foundry Coke from China (No. 731–TA–891 7 See Foundry Coke Products from the People’s 6 See Letter re: ‘‘Sunset Reviews Initiated on

(Third Review)), 83 FR 17849 (April 24, 2018). Republic of China, 77 FR 34012 (June 8, 2012). January 2, 2018,’’ dated February 23, 2018.

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Federal Register / Vol. 83, No. 92 / Friday, May 11, 2018 / Notices 22009

antidumping duty order on clad steel is on file electronically via Enforcement DEPARTMENT OF COMMERCE
plate from Japan. and Compliance’s Antidumping and
Countervailing Duty Centralized National Oceanic and Atmospheric
Scope of the Order Administration
Electronic Service System (ACCESS).
The scope of the order is all clad 7 ACCESS is available to registered users
steel plate of a width of 600 millimeters RIN 0648–XG106
at http://acess.trade.gov, and to all in
(mm) or more and a composite thickness
the Central Records Unit, Room B8024 Takes of Marine Mammals Incidental to
of 4.5 mm or more. Clad steel plate is
of the main Department of Commerce Specified Activities; Taking Marine
a rectangular finished steel mill product
building. In addition, a complete Mammals Incidental to the Ketchikan
consisting of a layer of cladding material
version of the Issues and Decision Berth IV Expansion Project
(usually stainless steel or nickel) which
is metallurgically bonded to a base or Memorandum can be accessed directly
AGENCY: National Marine Fisheries
backing of ferrous metal (usually carbon on the internet at http:// Service (NMFS), National Oceanic and
or low alloy steel) where the latter enforcement.trade.gov/frn. The signed Atmospheric Administration (NOAA),
predominates by weight. Issues and Decision Memorandum and Commerce.
Stainless clad steel plate is the electronic version of the Issues and
ACTION: Notice; proposed incidental
manufactured to American Society for Decision Memorandum are identical in
harassment authorization; request for
Testing and Materials (ASTM) content. comments.
specifications A263 (400 series stainless
types) and A264 (300 series stainless Final Results of Review
SUMMARY: NMFS has received a request
types). Nickel and nickel-base alloy clad Pursuant to sections 751(c)(1) and from the Ketchikan Dock Company
steel plate is manufactured to ASTM 752(c)(1) and (3) of the Act, Commerce (KDC) for authorization to take marine
specification A265. These specifications determines that revocation of the mammals incidental to the Ketchikan
are illustrative but not necessarily all- antidumping duty order on clad steel Berth IV expansion project in
inclusive. Ketchikan, Alaska. Pursuant to the
Clad steel plate within the scope of plate from Japan would be likely to lead
to the continuation or recurrence of Marine Mammal Protection Act
the order is classifiable under the (MMPA), NMFS is requesting comments
Harmonized Tariff Schedule of the dumping at weighted-average dumping
margins up to 118.53 percent.9 on its proposal to issue an incidental
United States (HTSUS) 7210.90.10.00. harassment authorization (IHA) to
Although the HTSUS subheading is Notification to Interested Parties incidentally take marine mammals
provided for convenience and customs during the specified activities. NMFS
purposes, our written description of the This notice also serves as the only will consider public comments prior to
scope of the order is dispositive. reminder to parties subject to making any final decision on the
Analysis of Comments Received administrative protective order (APO) of issuance of the requested MMPA
their responsibility concerning the authorizations and agency responses
All issues raised in this sunset review return or destruction of proprietary will be summarized in the final notice
are addressed in the Issues and Decision information disclosed under APO in of our decision.
Memorandum,8 which is hereby accordance with 19 CFR 351.305.
adopted by this notice. The issues DATES: Comments and information must
Timely notification of the return or be received no later than June 11, 2018.
discussed in the Issues and Decision
destruction of APO materials or ADDRESSES: Comments should be
Memorandum are the likelihood of
conversion to judicial protective orders addressed to Jolie Harrison, Chief,
continuation or recurrence of dumping
and the magnitude of the dumping is hereby requested. Failure to comply Permits and Conservation Division,
margin likely to prevail if the order were with the regulations and terms of an Office of Protected Resources, National
revoked. The Issues and Decision APO is a violation which is subject to Marine Fisheries Service. Physical
Memorandum is a public document and sanction. comments should be sent to 1315 East-
We are issuing and publishing the West Highway, Silver Spring, MD 20910
7 Cladding is the association of layers of metals
final results and this notice in and electronic comments should be sent
of different colors or natures by molecular
accordance with sections 751(c), 752(c), to ITP.molineaux@noaa.gov.
interpenetration of the surfaces in contact. This Instructions: NMFS is not responsible
limited diffusion is characteristic of clad products and 777(i)(1) of the Act and 19 CFR
and differentiates them from products metalized in 351.218. for comments sent by any other method,
other manners (e.g., by normal electroplating). The to any other address or individual, or
various cladding processes include pouring molten Dated: May 4, 2018. received after the end of the comment
cladding metal onto the basic metal followed by Gary Taverman, period. Comments received
rolling; simple hot-rolling of the cladding metal to
ensure efficient welding to the basic metal; any Deputy Assistant Secretary for Antidumping electronically, including all
other method of deposition of superimposing of the and Countervailing Duty Operations, attachments, must not exceed a 25-
cladding metal followed by any mechanical or performing the non-exclusive functions and megabyte file size. Attachments to
thermal process to ensure welding (e.g., duties of the Assistant Secretary for electronic comments will be accepted in
electrocladding), in which the cladding metal Enforcement and Compliance.
(nickel, chromium, etc.) is applied to the basic Microsoft Word or Excel or Adobe PDF
metal by electroplating, molecular interpenetration [FR Doc. 2018–10069 Filed 5–10–18; 8:45 am] file formats only. All comments
of the surfaces in contact then being obtained by BILLING CODE 3510–DS–P received are a part of the public record
heat treatment at the appropriate temperature with and will generally be posted online at
sradovich on DSK3GMQ082PROD with NOTICES

subsequent cold rolling. See Harmonized
Commodity Description and Coding System 9 Commerce assigned this margin of 118.53 https://www.fisheries.noaa.gov/
Explanatory Notes, Chapter 72, General Note percent to The Japan Steel Company and ‘‘All national/marine-mammal-protection/
(IV)(C)(2)(e). Others’’ in the less than fair value investigation on incidental-take-authorizations-
8 See Memorandum ‘‘Issues and Decision the basis of adverse facts available using the rate construction-activities without change.
Memorandum for the Expedited Fourth Sunset contained in the petition. See Notice of Final
Review of the Antidumping Duty Order on Clad Determination of Sales at Less Than Fair Value: All personal identifying information
Steel Plate from Japan,’’ dated concurrently with Clad Steel Plate from Japan, 61 FR 21158, 21159 (e.g., name, address) voluntarily
this notice (Issues and Decision Memorandum). (May 9, 1996). submitted by the commenter may be

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Document Created: 2018-11-02 09:50:10
Document Modified: 2018-11-02 09:50:10

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		Applicable May 11, 2018.
Contact		David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-3693.
FR Citation		83 FR 22008

83 FR 22008 - Clad Steel Plate From Japan: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 92 (May 11, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration