Certain Carbon and Alloy Steel Cut-to-Length Plate From the People's Republic of China: Countervailing Duty Order, 14346-14349 [2017-05441]

Download as PDF sradovich on DSK3GMQ082PROD with NOTICES 14346 Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices Assessment Rates Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.212(b), the Department has determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review. The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of this administrative review. Where the respondent reported reliable entered values, we calculated importer- (or customer-) specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to each importer (or customer) and dividing this amount by the total entered value of the sales to each importer (or customer).21 Where the Department calculated a weightedaverage dumping margin by dividing the total amount of dumping for reviewed sales to that party by the total sales quantity associated with those transactions, the Department will direct CBP to assess importer-specific assessment rates based on the resulting per-unit rates.22 Where an importer- (or customer-) specific ad valorem or perunit rate is greater than de minimis (i.e., 0.50 percent), the Department will instruct CBP to collect the appropriate duties at the time of liquidation.23 Where an importer- (or customer-) specific ad valorem or per-unit rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.24 We intend to instruct CBP to liquidate entries containing subject merchandise exported by the PRC-wide entity at the PRC-wide rate. Pursuant to the Department’s assessment practice, for entries that were not reported in the U.S. sales databases submitted by companies individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide entity rate. Additionally, if the Department determines that an exporter had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide entity rate.25 21 See 19 CFR 351.212(b)(1). 22 Id. 23 Id. 24 See 19 CFR 351.106(c)(2). Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 25 See VerDate Sep<11>2014 18:36 Mar 17, 2017 Jkt 241001 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be the rate established in the final results of review (except, if the rate is zero or de minimis, a zero cash deposit rate will be required for that company); (2) for previously investigated or reviewed PRC and nonPRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the PRCWide rate of 118.04 percent; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non-PRC exporter. The deposit requirements, when imposed, shall remain in effect until further notice. Disclosure We intend to disclose the calculations performed regarding these final results within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b). Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Administrative Protective Orders This notice also serves as a 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(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: March 13, 2017. Ronald Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—Issues and Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Issues Comment 1: Differential Pricing Methodology Comment 2: Calculation of Separate Rate Margin Comment 3: Clarification of the Scope of the Order Comment 4: Rescission for Certain Companies Comment 5: Tianjin Lianda’s Separate Rate Status Comment 6: Treatment of Stanley’s Scrap Comment 7: Surrogate Financial Ratio Calculation Comment 8: Surrogate Value for Stanley’s Paper Tape Comment 9: Surrogate Value for Stanley’s Sealing Tape Comment 10: Surrogate Value for Stanley’s Plastic Granules Comment 11: Surrogate Value for Stanley’s Cardboard Corner Board Comment 12: Surrogate Value for Stanley’s Insert Paper Board Comment 13: Surrogate Value for Stanley’s Pallet Board V. Conclusion [FR Doc. 2017–05429 Filed 3–17–17; 8:45 a.m.] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–048] Certain Carbon and Alloy Steel Cut-toLength Plate From the People’s Republic of China: Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing a countervailing duty order on Certain Carbon and Alloy Steel Cut-to-Length AGENCY: E:\FR\FM\20MRN1.SGM 20MRN1 Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices Plate (CTL plate) from the People’s Republic of China (PRC). DATES: Effective March 20, 2017. FOR FURTHER INFORMATION CONTACT: Ryan Mullen, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5260. SUPPLEMENTARY INFORMATION: Background In accordance with section 705(d) of the Tariff Act of 1930, as amended (the Act), on January 26, 2017, the Department published its affirmative final determination in the countervailable investigation of CTL plate from the PRC.1 On March 13, 2017, the ITC notified the Department of its final determination pursuant to section 705(b)(1)(A) of the Act, that an industry in the United States is materially injured or threatened with material injury by reason of subsidized imports of CTL plate from the PRC.2 sradovich on DSK3GMQ082PROD with NOTICES Scope of the Order The products covered by this order are certain carbon and alloy steel hotrolled or forged flat plate products not in coils, whether or not painted, varnished, or coated with plastics or other non-metallic substances (cut-tolength 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 1 See Certain Carbon and Alloy Steel Cut-toLength Plate from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 82 FR 8507 (January 26, 2017). 2 See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding CTL plate from the PRC (March 13, 2017). See also Carbon and Alloy Steel Cut-to-Length Plate from China (Investigation Nos. 701–TA–560 and 731–TA–1320 (Final)), USITC Publication 4675, March 2017. VerDate Sep<11>2014 18:36 Mar 17, 2017 Jkt 241001 non-rectangular cross-section where such non-rectangular cross-section is achieved subsequent to the rolling process, i.e., products which have been ‘‘worked after rolling’’ (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above, the following rules apply: (1) except where otherwise stated where the nominal and actual thickness or width measurements vary, a product from a given subject country is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above; and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular crosssection, 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 order 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-tolength 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 order if performed in the country of manufacture of the cutto-length plate. All products that meet the written physical description, are within the scope of this order 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 order: (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, PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 14347 • MIL–S–24645A HSLA–80; • MIL–S–24645A HSLA–100, • T9074–BD–GIB–010/0300 Grade HY80, • T9074–BD–GIB–010/0300 Grade HY100, • T9074–BD–GIB–010/0300 Grade HSLA80, • T9074–BD–GIB–010/0300 Grade HSLA100, and • T9074–BD–GIB–010/0300 Mod. Grade HSLA115, except that any cut-to-length plate certified to one of the above specifications, or to a military grade armor specification that references and incorporates one of the above specifications, will not be excluded from the scope if it is also dual- or multiple-certified to any other nonarmor 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) 320–350 HBW; (c) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not exceeding 0.5, D not exceeding 1.5; and (d) Conforming to ASTM A578–S9 ultrasonic testing requirements with acceptance criteria 2 mm flat bottom hole; E:\FR\FM\20MRN1.SGM 20MRN1 sradovich on DSK3GMQ082PROD with NOTICES 14348 Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices (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, VerDate Sep<11>2014 18:36 Mar 17, 2017 Jkt 241001 • • • • • • • • • • • • Silicon not greater than 0.25, Manganese not greater than 0.50, Nickel 3.0–3.5, Sulfur not greater than 0.010, Phosphorus not greater than 0.020, Chromium 1.0–1.5, Molybdenum 0.6–0.9, Vanadium 0.08 to 0.12 Boron 0.002–0.004, Oxygen not greater than 20 ppm, Hydrogen not greater than 2 ppm, and Nitrogen not greater than 60 ppm. (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not exceeding 1.5(t) and 1.0(h); (c) Having the following mechanical properties: A Brinell hardness not less than 350 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 145ksi or more and UTS 160ksi or more, Elongation of 15% or more and Reduction of area 35% or more; having charpy V at ¥40 degrees F in the transverse direction equal or greater than 20 ft. lbs (single value) and equal or greater than 25 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578–S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. The products subject to the order 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 order 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, PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 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 order is dispositive. Countervailing Duty Order In accordance with sections 705(b)(1)(A) and 705(d) of the Act, the ITC has notified the Department of its final determination in this investigation, in which it found that imports of CTL plate from the PRC are materially injuring or threatening material injury to a U.S. industry.3 Therefore, in accordance with section 705(c)(2) of the Act, we are publishing this countervailing duty order. As a result of the ITC’s final determinations, in accordance with section 706(a) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, countervailing duties on unliquidated entries of CTL plate from the PRC entered, or withdrawn from warehouse, for consumption on or after September 13, 2016, the date on which the Department published its preliminary countervailing duty determinations in the Federal Register,4 and before January 11, 2017, the date on which the Department instructed CBP to discontinue the suspension of liquidation in accordance with section 703(d) of the Act. Section 703(d) of the Act states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Therefore, entries of CTL plate made on or after January 11, 2017, and prior to the date of publication of the ITC’s final determination in the Federal Register are not liable for the assessment of countervailing duties due to the Department’s discontinuation, effective January 11, 2017, of the suspension of liquidation. Suspension of Liquidation In accordance with section 706 of the Act, the Department will instruct CBP to reinstitute the suspension of liquidation of subject merchandise from the PRC, effective on the date of publication of the ITC’s notice of final determinations 3 Id. 4 See Certain Carbon and Alloy Steel Cut-toLength Plate from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 81 FR 62871 (September 13, 2016). E:\FR\FM\20MRN1.SGM 20MRN1 Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices in the Federal Register, and to assess, upon further instruction by the Department pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise. On or after the date of publication of the ITC’s final injury determinations in the Federal Register, CBP must require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the rates noted below. The all-others rate applies to all producers and exporters of subject merchandise not specifically listed below. of review is January 1, 2015, through December 31, 2015. DATES: Effective March 20, 2017. FOR FURTHER INFORMATION CONTACT: Aimee Phelan at (202) 482–0697, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On November 4, 2016, the Department of Commerce (the Department) published a notice of opportunity to request an administrative review of the countervailing duty order on lightweight thermal paper (LWTP) from Subsidy rate Exporter/producer the People’s Republic of China (PRC) for (percent) the period of review (POR) of January 1, 2015, through December 31, 2015.1 The Jiangyin Xingcheng Special Steel Works Co. Ltd .......... 251.00 Department received a timely-filed Hunan Valin Xiangtan Iron & request from Appvion, Inc. (Appvion), Steel .................................. 251.00 in accordance with 19 CFR 351.213(b), Viewer Development Co., Ltd 251.00 for an administrative review of three All Others .............................. 251.00 producers/exporters of lightweight thermal paper from the PRC: Sailing Notification to Interested Parties International Limited, Shenzhen Formers Printing Co., Ltd., and Suzhou This notice constitutes the Xiandai Paper Production Co.2 On countervailing duty order with respect January 13, 2017, the Department to CTL plate from the PRC pursuant to published a notice of initiation.3 section 706(a) of the Act. Interested Subsequent to the Initiation Notice, the parties may contact the Department’s Department requested from U.S. Central Records Unit, Room B8024 of the main Commerce Building, for copies Customs and Border Protection (CBP) of an updated list of countervailing duty data for U.S. imports of subject merchandise during the POR for the orders currently in effect. companies for which an administrative This order is issued and published in review was requested.4 The CBP data accordance with section 706(a) of the demonstrated that there were no entries Act and 19 CFR 351.211(b). of subject merchandise exported by Dated: March 14, 2017. these companies during the POR.5 The Ronald K. Lorentzen, Department solicited interested party Acting Assistant Secretary for Enforcement comments,6 and we received no and Compliance. comments. [FR Doc. 2017–05441 Filed 3–17–17; 8:45 am] Rescission of Review It is the Department’s practice to rescind an administrative review of a countervailing duty order, pursuant to 19 CFR 351.213(d)(3), when there are no BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–921] sradovich on DSK3GMQ082PROD with NOTICES Lightweight Thermal Paper From the People’s Republic of China: Notice of Rescission of Countervailing Duty Administrative Review; 2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce is rescinding the administrative review of the countervailing duty order on lightweight thermal paper from the People’s Republic of China. The period AGENCY: VerDate Sep<11>2014 18:36 Mar 17, 2017 Jkt 241001 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 81 FR 76920 (November 4, 2016). 2 See Letter to the Secretary from Appvion, ‘‘Lightweight Thermal Paper From The People’s Republic Of China: Request For Administrative Review,’’ dated November 30, 2016. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 4294 (January 13, 2017) (Initiation Notice). 4 See Memorandum to the File, ‘‘Administrative Review of Certain Lightweight Thermal Paper from the People’s Republic of China: Request for U.S. Customs and Border Protection Data,’’ dated February 15, 2017. 5 Id. 6 Id. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 14349 reviewable entries of subject merchandise during the POR for which liquidation is suspended.7 Normally, upon completion of an administrative review, the suspended entries are liquidated at the countervailing duty assessment rate calculated for the review period. See 19 CFR 351.212(b)(l). Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that the Department can order CBP to liquidate at the newly calculated countervailing duty assessment rate. Accordingly, in the absence of suspended entries of subject merchandise during the period of this administrative review (January 1, 2015 through December 31, 2015), we are now rescinding this administrative review of the countervailing duty order on LWTP from the PRC, pursuant to 19 CFR 351.213(d)(3). This notice is issued and published pursuant to section 751(a)(l) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: March 14, 2017. Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2017–05430 Filed 3–17–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–047] Certain Carbon and Alloy Steel Cut-toLength Plate From the People’s Republic of China: Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing an antidumping duty order on Certain Carbon and Alloy Steel Cut-to-Length Plate (CTL plate) from the People’s Republic of China (PRC). DATES: Effective March 20, 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 AGENCY: 7 See, e.g., Lightweight Thermal Paper From the People’s Republic of China: Notice of Rescission of Countervailing Duty Administrative Review, 81 FR 50683 (August 2, 2016). E:\FR\FM\20MRN1.SGM 20MRN1

Agencies

[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Notices]
[Pages 14346-14349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05441]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-048]


Certain Carbon and Alloy Steel Cut-to-Length Plate From the 
People's Republic of China: Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing a countervailing duty order on Certain Carbon 
and Alloy Steel Cut-to-Length

[[Page 14347]]

Plate (CTL plate) from the People's Republic of China (PRC).

DATES: Effective March 20, 2017.

FOR FURTHER INFORMATION CONTACT: Ryan Mullen, AD/CVD Operations, Office 
V, Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-5260.

SUPPLEMENTARY INFORMATION: 

Background

    In accordance with section 705(d) of the Tariff Act of 1930, as 
amended (the Act), on January 26, 2017, the Department published its 
affirmative final determination in the countervailable investigation of 
CTL plate from the PRC.\1\ On March 13, 2017, the ITC notified the 
Department of its final determination pursuant to section 705(b)(1)(A) 
of the Act, that an industry in the United States is materially injured 
or threatened with material injury by reason of subsidized imports of 
CTL plate from the PRC.\2\
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    \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the People's Republic of China: Final Affirmative Countervailing 
Duty Determination, 82 FR 8507 (January 26, 2017).
    \2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K. 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding CTL plate from the PRC (March 13, 2017). See also Carbon 
and Alloy Steel Cut-to-Length Plate from China (Investigation Nos. 
701-TA-560 and 731-TA-1320 (Final)), USITC Publication 4675, March 
2017.
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Scope of the Order

    The products covered by this order are certain carbon and alloy 
steel hot-rolled or forged flat plate products not in coils, whether or 
not painted, varnished, or coated with plastics or other non-metallic 
substances (cut-to-length plate). Subject merchandise includes plate 
that is produced by being cut-to-length from coils or from other 
discrete length plate and plate that is rolled or forged into a 
discrete length. The products covered include (1) Universal mill plates 
(i.e., flat-rolled products rolled on four faces or in a closed box 
pass, of a width exceeding 150 mm but not exceeding 1250 mm, and of a 
thickness of not less than 4 mm, which are not in coils and without 
patterns in relief), and (2) hot-rolled or forged flat steel products 
of a thickness of 4.75 mm or more and of a width which exceeds 150 mm 
and measures at least twice the thickness, and which are not in coils, 
whether or not with patterns in relief. The covered products described 
above may be rectangular, square, circular or other shapes and include 
products of either rectangular or non-rectangular cross-section where 
such non-rectangular cross-section is achieved subsequent to the 
rolling process, i.e., products which have been ``worked after 
rolling'' (e.g., products which have been beveled or rounded at the 
edges).
    For purposes of the width and thickness requirements referenced 
above, the following rules apply:

    (1) except where otherwise stated where the nominal and actual 
thickness or width measurements vary, a product from a given subject 
country is within the scope if application of either the nominal or 
actual measurement would place it within the scope based on the 
definitions set forth above; and
    (2) where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.

    Steel products included in the scope of this order 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 order 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 order 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 order:
    (1) Products clad, plated, or coated with metal, whether or not 
painted, varnished or coated with plastic or other non-metallic 
substances;
    (2) military grade armor plate certified to one of the following 
specifications or to a specification that references and incorporates 
one of the following specifications:

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

except that any cut-to-length plate certified to one of the above 
specifications, or to a military grade armor specification that 
references and incorporates one of the above specifications, will not 
be excluded from the scope if it is also dual- or multiple-certified to 
any other non-armor specification that otherwise would fall within the 
scope of this 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) 320-350 HBW;

    (c) Having cleanliness in accordance with ASTM E45 method A (Thin 
and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not exceeding 
0.5, D not exceeding 1.5; and
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with 
acceptance criteria 2 mm flat bottom hole;

[[Page 14348]]

    (6) Alloy forged and rolled steel CTL plate over 407 mm in actual 
thickness and meeting the following requirements:
    (a) Made from Electric Arc Furnace melted, Ladle refined & vacuum 
degassed, alloy steel with the following chemical composition 
(expressed in weight percentages):

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

    (b) Having cleanliness in accordance with ASTM E45 method A (Thin 
and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not exceeding 
1.0, D not exceeding 1.5;
    (c) Having the following mechanical properties:
    (i) With a Brinell hardness not more than 237 HBW measured in all 
parts of the product including mid thickness; and having a Yield 
Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or more 
and Reduction of area 35% or more; having charpy V at -75 degrees F in 
the longitudinal direction equal or greater than 15 ft. lbs (single 
value) and equal or greater than 20 ft. lbs (average of 3 specimens) 
and conforming to the requirements of NACE MR01-75; or
    (ii) With a Brinell hardness not less than 240 HBW measured in all 
parts of the product including mid thickness; and having a Yield 
Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or 
more and Reduction of area 30% or more; having charpy V at -40 degrees 
F in the longitudinal direction equal or greater than 21 ft. lbs 
(single value) and equal or greater than 31 ft. lbs (average of 3 
specimens);
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with 
acceptance criteria 3.2 mm flat bottom hole; and
    (e) Conforming to magnetic particle inspection in accordance with 
AMS 2301;
    (7) Alloy forged and rolled steel CTL plate over 407 mm in actual 
thickness and meeting the following requirements:
    (a) Made from Electric Arc Furnace melted, ladle refined & vacuum 
degassed, alloy steel with the following chemical composition 
(expressed in weight percentages):

 Carbon 0.25-0.30,
 Silicon not greater than 0.25,
 Manganese not greater than 0.50,
 Nickel 3.0-3.5,
 Sulfur not greater than 0.010,
 Phosphorus not greater than 0.020,
 Chromium 1.0-1.5,
 Molybdenum 0.6-0.9,
 Vanadium 0.08 to 0.12
 Boron 0.002-0.004,
 Oxygen not greater than 20 ppm,
 Hydrogen not greater than 2 ppm, and
 Nitrogen not greater than 60 ppm.

    (b) Having cleanliness in accordance with ASTM E45 method A (Thin 
and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 1.5(t) 
and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not exceeding 
1.5(t) and 1.0(h);
    (c) Having the following mechanical properties: A Brinell hardness 
not less than 350 HBW measured in all parts of the product including 
mid thickness; and having a Yield Strength of 145ksi or more and UTS 
160ksi or more, Elongation of 15% or more and Reduction of area 35% or 
more; having charpy V at -40 degrees F in the transverse direction 
equal or greater than 20 ft. lbs (single value) and equal or greater 
than 25 ft. lbs (average of 3 specimens);
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with 
acceptance criteria 3.2 mm flat bottom hole; and
    (e) Conforming to magnetic particle inspection in accordance with 
AMS 2301.
    The products subject to the order 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 order 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 
order is dispositive.

Countervailing Duty Order

    In accordance with sections 705(b)(1)(A) and 705(d) of the Act, the 
ITC has notified the Department of its final determination in this 
investigation, in which it found that imports of CTL plate from the PRC 
are materially injuring or threatening material injury to a U.S. 
industry.\3\ Therefore, in accordance with section 705(c)(2) of the 
Act, we are publishing this countervailing duty order.
---------------------------------------------------------------------------

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

    As a result of the ITC's final determinations, in accordance with 
section 706(a) of the Act, the Department will direct U.S. Customs and 
Border Protection (CBP) to assess, upon further instruction by the 
Department, countervailing duties on unliquidated entries of CTL plate 
from the PRC entered, or withdrawn from warehouse, for consumption on 
or after September 13, 2016, the date on which the Department published 
its preliminary countervailing duty determinations in the Federal 
Register,\4\ and before January 11, 2017, the date on which the 
Department instructed CBP to discontinue the suspension of liquidation 
in accordance with section 703(d) of the Act. Section 703(d) of the Act 
states that the suspension of liquidation pursuant to a preliminary 
determination may not remain in effect for more than four months. 
Therefore, entries of CTL plate made on or after January 11, 2017, and 
prior to the date of publication of the ITC's final determination in 
the Federal Register are not liable for the assessment of 
countervailing duties due to the Department's discontinuation, 
effective January 11, 2017, of the suspension of liquidation.
---------------------------------------------------------------------------

    \4\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the People's Republic of China: Preliminary Affirmative 
Countervailing Duty Determination and Alignment of Final 
Determination with Final Antidumping Duty Determination, 81 FR 62871 
(September 13, 2016).
---------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will 
instruct CBP to reinstitute the suspension of liquidation of subject 
merchandise from the PRC, effective on the date of publication of the 
ITC's notice of final determinations

[[Page 14349]]

in the Federal Register, and to assess, upon further instruction by the 
Department pursuant to section 706(a)(1) of the Act, countervailing 
duties for each entry of the subject merchandise in an amount based on 
the net countervailable subsidy rates for the subject merchandise. On 
or after the date of publication of the ITC's final injury 
determinations in the Federal Register, CBP must require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, a cash deposit equal to the rates noted below. The all-
others rate applies to all producers and exporters of subject 
merchandise not specifically listed below.

------------------------------------------------------------------------
                                                           Subsidy rate
                    Exporter/producer                        (percent)
------------------------------------------------------------------------
Jiangyin Xingcheng Special Steel Works Co. Ltd..........          251.00
Hunan Valin Xiangtan Iron & Steel.......................          251.00
Viewer Development Co., Ltd.............................          251.00
All Others..............................................          251.00
------------------------------------------------------------------------

Notification to Interested Parties

    This notice constitutes the countervailing duty order with respect 
to CTL plate from the PRC pursuant to section 706(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room B8024 of the main Commerce Building, for copies of an updated list 
of countervailing duty orders currently in effect.
    This order is issued and published in accordance with section 
706(a) of the Act and 19 CFR 351.211(b).

    Dated: March 14, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-05441 Filed 3-17-17; 8:45 am]
 BILLING CODE 3510-DS-P