Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil, the People's Republic of China, and the Republic of Korea: Initiation of Countervailing Duty Investigations, 27098-27104 [2016-10631]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Notices]
[Pages 27098-27104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10631]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-848; C-570-048; C-580-888]


Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil, 
the People's Republic of China, and the Republic of Korea: Initiation 
of Countervailing Duty Investigations

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

DATES: Effective Date: April 28, 2016.

FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski at (202) 482-1395 
(Brazil); Katie Marksberry at (202) 482-7906 (the People's Republic of 
China); and John Drury at (202) 482-0195 (Republic of Korea), AD/CVD 
Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Petitions

    On April 8, 2016, the Department of Commerce (the Department) 
received countervailing duty (CVD) petitions concerning imports of 
certain carbon and alloy cut-to-length plate (CTL plate) from Brazil, 
the People's Republic of China (PRC), and the Republic of Korea 
(Korea), filed in proper form on behalf of ArcelorMittal USA LLC, Nucor 
Corporation, and SSAB Enterprises, LLC (collectively, Petitioners). The 
CVD petitions were accompanied by antidumping duty (AD) petitions 
concerning imports of CTL plate from all of the above countries, in 
addition to Austria, Belgium, France, the Federal Republic of Germany, 
Italy, Japan, South Africa, Taiwan, and Turkey.\1\ Petitioners are 
domestic producers of CTL plate.\2\
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    \1\ See ``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, South Africa, Taiwan, and Turkey--Petitions for the 
Imposition of Antidumping and Countervailing Duties,'' dated April 
8, 2016 (Petitions).
    \2\ Id., Volume I at 2.
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    On April 13, 2016, and April 21, 2016, the Department requested 
supplemental information pertaining to certain areas of the 
Petition.\3\ Petitioners filed responses to these requests on April 18, 
2016, and April 25, 2016, respectively.\4\ Additionally, on April 13, 
2016, the Department requested supplemental information pertaining to 
certain areas of the Petition with respect to Brazil \5\ and the 
Republic of Korea.\6\ Petitioners filed responses to these requests on 
April 18, 2016.\7\
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    \3\ See Letter from the Department, ``Petitions for the 
Imposition of Antidumping Duties on Imports of 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, South Africa, Taiwan, and 
Turkey: Supplemental Questions,'' April 13, 2016 (General Issues 
Supplemental Questionnaire); see also Memorandum to the File from 
Vicki Flynn ``Phone Call with Counsel to Petitioners,'' April 21, 
2016.
    \4\ See Letter from Petitioners, ``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, South Africa, Taiwan, and 
Turkey: Petitioners' Amendment to Petition Volume I Related to 
General Issues,'' April 18, 2016 (General Issues Supplement); see 
also Letter from Petitioners to the Secretary of Commerce ``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, South Africa, 
Taiwan, and the Republic of Turkey--Petitioners' Amendment to 
Petition Volume I Related to General Issues'' (April 25, 2016) 
(Second General Issues Supplement).
    \5\ See Letter from the Department ``Petition for the Imposition 
of Countervailing Duties on Imports of Certain Carbon and Alloy 
Steel Cut-to-Length Plate from Brazil: Supplemental Questions,'' 
April 13, 2016.
    \6\ See Letter from the Department, ``Petition for the 
Imposition of Countervailing Duties on Imports of Certain Carbon and 
Alloy Steel Cut-to-Length Plate from the Republic of Korea: 
Supplemental Questions,'' April 13, 2016.
    \7\ See Letter from Petitioners ``Re: 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, South Africa, Taiwan, and 
Turkey--Petitioners' Amendment to Petition,'' dated April 18, 2016.

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[[Page 27099]]

    In accordance with section 702(b)(1) of the Tariff Act of 1930, as 
amended (the Act), Petitioners allege that the Governments of Brazil 
(GOB), the PRC (GOC), and Korea (GOK) are providing countervailable 
subsidies, within the meaning of sections 701 and 771(5) of the Act, to 
imports of CTL plate from Brazil, the PRC, and Korea, respectively, and 
that such imports are materially injuring, or threatening material 
injury to, an industry in the United States. Also, consistent with 
section 702(b)(1) of the Act, for those alleged programs on which we 
are initiating a CVD investigation, the Petition is accompanied by 
information reasonably available to Petitioners supporting their 
allegations.
    The Department finds that Petitioners filed the Petition on behalf 
of the domestic industry because Petitioners are interested parties as 
defined in section 771(9)(C) of the Act. The Department also finds that 
Petitioners demonstrated sufficient industry support with respect to 
the initiation of the CVD investigations that Petitioners are 
requesting.\8\
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    \8\ See ``Determination of Industry Support for the Petition'' 
section, below.
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Period of Investigations

    The period of investigation is January 1, 2015, through December 
31, 2015.\9\
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    \9\ See 19 CFR 351.204(b)(2).
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Scope of the Investigation

    The product covered by these investigations is CTL plate from 
Brazil, the PRC, and Korea. For a full description of the scope of 
these investigations, see Appendix I of this notice.

Comments on Scope of the Investigations

    During our review of the Petitions, the Department issued questions 
to and received responses from Petitioners pertaining to the proposed 
scope to ensure that the scope language in the Petition would be an 
accurate reflection of the products for which the domestic industry is 
seeking relief.\10\
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    \10\ See General Issues Supplemental Questionnaire; see also 
General Issues Supplement; Second General Issues Supplement.
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    As discussed in the preamble to the Department's regulations,\11\ 
we are setting aside a period for interested parties to raise issues 
regarding product coverage (i.e., scope). The Department will consider 
all comments received from interested parties and, if necessary, will 
consult with the interested parties prior to the issuance of the 
preliminary determination. If scope comments include factual 
information,\12\ all such factual information should be limited to 
public information. In order to facilitate preparation of its 
questionnaire, the Department requests all interested parties to submit 
such comments by 5:00 p.m. Eastern Time (ET) on Wednesday, May 18, 
2016, which is 20 calendar days from the signature date of this notice. 
Any rebuttal comments, which may include factual information, must be 
filed by 5:00 p.m. ET on Tuesday, May 31, 2016, which is the next 
business day after 10 calendar days from the initial comments 
deadline.\13\
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    \11\ See Antidumping Duties; Countervailing Duties; Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \12\ See 19 CFR 351.102(b)(21).
    \13\ See 19 CFR 351.303(b).
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    The Department requests that any factual information the parties 
consider relevant to the scope of the investigation be submitted during 
this time period. However, if a party subsequently finds that 
additional factual information pertaining to the scope of the 
investigation may be relevant, the party may contact the Department and 
request permission to submit the additional information. All such 
comments must be filed on the record of the concurrent CVD 
investigations, as well as the AD investigations of CTL plate from 
Austria, Belgium, France, the Federal Republic of Germany, Italy, 
Japan, South Africa, Taiwan, and Turkey.

Filing Requirements

    All submissions to the Department must be filed electronically 
using Enforcement and Compliance's Antidumping Duty and Countervailing 
Duty Centralized Electronic Service System (ACCESS).\14\ An 
electronically-filed document must be received successfully in its 
entirety by the time and date it is due. Documents excepted from the 
electronic submission requirements must be filed manually (i.e., in 
paper form) with Enforcement and Compliance's APO/Dockets Unit, Room 
18022, U.S. Department of Commerce, 14th Street and Constitution Avenue 
NW., Washington, DC 20230, and stamped with the date and time of 
receipt by the applicable deadlines.
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    \14\ See 19 CFR 351.303 (for general filing requirements); see 
also Antidumping and Countervailing Duty Proceedings: Electronic 
Filing Procedures; Administrative Protective Order Procedures, 76 FR 
39263 (July 6, 2011), for details of the Department's electronic 
filing requirements, which went into effect on August 5, 2011. 
Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedures.pdf.
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Consultations

    Pursuant to section 702(b)(4)(A)(i) of the Act, the Department 
notified representatives of the GOB, GOC and GOK of the receipt of the 
Petition. Also, in accordance with section 702(b)(4)(A)(ii) of the Act, 
the Department provided representatives of the GOB, GOC and GOK the 
opportunity for consultations with respect to the CVD Petitions. 
Consultations with the GOB were held at the Department's main building 
on April 26, 2016. The GOC submitted consultation comments to the 
Department on April 23, 2016, in lieu of holding consultations.\15\ All 
invitation letters and memoranda regarding these consultations are on 
file electronically via ACCESS.\16\
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    \15\ See Memo to the File, from Katie Marksberry, Case Analyst, 
Re: Countervailing Duty Petition on Carbon and Alloy Steel Cut-To-
Length Plate from the People's Republic of China: Comments from the 
Government of the People's Republic of China Regarding the Petition, 
dated April 25, 2016.
    \16\ As the GOK did not request consultations prior to the 
initiation of this investigation, the Department and the GOK did not 
hold consultations.
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Determination of Industry Support for the Petitions

    Section 702(b)(1) of the Act requires that a petition be filed on 
behalf of the domestic industry. Section 702(c)(4)(A) of the Act 
provides that a petition meets this requirement if the domestic 
producers or workers who support the petition account for: (i) At least 
25 percent of the total production of the domestic like product; and 
(ii) more than 50 percent of the production of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of 
the Act provides that, if the petition does not establish support of 
domestic producers or workers accounting for more than 50 percent of 
the total production of the domestic like product, the Department 
shall: (i) Poll the industry or rely on other information in order to 
determine if there is support for the petition, as required by 
subparagraph (A); or (ii) determine industry support using a 
statistically valid sampling method to poll the ``industry.''
    Section 771(4)(A) of the Act defines the ``industry'' as the 
producers as a whole of a domestic like product. Thus, to determine 
whether a petition has the requisite industry support, the statute 
directs the Department to look to producers and workers who produce the 
domestic like product. The International Trade Commission (ITC), which 
is responsible for determining whether

[[Page 27100]]

``the domestic industry'' has been injured, must also determine what 
constitutes a domestic like product in order to define the industry. 
While both the Department and the ITC must apply the same statutory 
definition regarding the domestic like product,\17\ they do so for 
different purposes and pursuant to a separate and distinct authority. 
In addition, the Department's determination is subject to limitations 
of time and information. Although this may result in different 
definitions of the like product, such differences do not render the 
decision of either agency contrary to law.\18\
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    \17\ See section 771(10) of the Act.
    \18\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. 
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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    Section 771(10) of the Act defines the domestic like product as ``a 
product which is like, or in the absence of like, most similar in 
characteristics and uses with, the article subject to an investigation 
under this title.'' Thus, the reference point from which the domestic 
like product analysis begins is ``the article subject to an 
investigation'' (i.e., the class or kind of merchandise to be 
investigated, which normally will be the scope as defined in the 
Petitions).
    With regard to the domestic like product, Petitioners do not offer 
a definition of the domestic like product distinct from the scope of 
the investigations. Based on our analysis of the information submitted 
on the record, we have determined that CTL Plate constitutes a single 
domestic like product and we have analyzed industry support in terms of 
that domestic like product.\19\
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    \19\ For a discussion of the domestic like product analysis in 
this case, see Countervailing Duty Investigation Initiation 
Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from 
Brazil (Brazil CVD Initiation Checklist), at Attachment II, Analysis 
of Industry Support for the Antidumping and Countervailing Duty 
Petitions Covering 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, South Africa, Taiwan, and the Republic of Turkey 
(Attachment II); Countervailing Duty Investigation Initiation 
Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the People's Republic of China (PRC CVD Initiation Checklist), at 
Attachment II; and Countervailing Duty Investigation Initiation 
Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the Republic of Korea (Korea CVD Initiation Checklist), at 
Attachment II. These checklists are dated concurrently with this 
notice and on file electronically via ACCESS. Access to documents 
filed via ACCESS is also available in the Central Records Unit, Room 
B8024 of the main Department of Commerce building.
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    In determining whether Petitioners have standing under section 
702(c)(4)(A) of the Act, we considered the industry support data 
contained in the Petitions with reference to the domestic like product 
as defined in the ``Scope of the Investigations,'' in Appendix I of 
this notice. To establish industry support, Petitioners provided their 
shipments of the domestic like product in 2015, as well as the 2015 
shipments of Universal Stainless & Alloy Products, Inc., a supporter of 
the Petitions, and compared these shipments to the estimated total 
shipments of the domestic like product for the entire domestic 
industry.\20\ Because data regarding total production of the domestic 
like product are not reasonably available to Petitioners and 
Petitioners have established that shipments are a reasonable proxy for 
production,\21\ we have relied on the shipment data provided by 
Petitioners for purposes of measuring industry support.\22\
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    \20\ See Volume I of the Petitions, at 2-4 and Exhibits I-3 
through I-5; see also General Issues Supplement, at 7-11 and 
Exhibits I-Supp-2 through I-Supp-4 and I-Supp-11.
    \21\ See Volume I of the Petitions, at 3 and Exhibit I-4; see 
also General Issues Supplement, at 7.
    \22\ See Volume I of the Petitions, at 2-4 and Exhibits I-4 and 
I-5; see also General Issues Supplement, at 8-11 and Exhibits I-
Supp-2, I-Supp-3, and I-Supp-11. For further discussion, see Brazil 
CVD Initiation Checklist, PRC CVD Initiation Checklist, and Korea 
CVD Initiation Checklist, at Attachment II.
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    Our review of the data provided in the Petitions, General Issues 
Supplement, and other information readily available to the Department 
indicates that Petitioners have established industry support.\23\ 
First, the Petitions established support from domestic producers (or 
workers) accounting for more than 50 percent of the total shipments 
\24\ of the domestic like product and, as such, the Department is not 
required to take further action in order to evaluate industry support 
(e.g., polling).\25\ Second, the domestic producers (or workers) have 
met the statutory criteria for industry support under section 
702(c)(4)(A)(i) of the Act for all of the Petitions because the 
domestic producers (or workers) who support each of the Petitions 
account for at least 25 percent of the total shipments of the domestic 
like product.\26\ Finally, the domestic producers (or workers) have met 
the statutory criteria for industry support under section 
702(c)(4)(A)(ii) of the Act for all of the Petitions because the 
domestic producers (or workers) who support each of the Petitions 
account for more than 50 percent of the shipments of the domestic like 
product produced by that portion of the industry expressing support 
for, or opposition to, the Petitions.\27\ Accordingly, the Department 
determines that the Petitions were filed on behalf of the domestic 
industry within the meaning of section 702(b)(1) of the Act.
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    \23\ See Brazil CVD Initiation Checklist, PRC CVD Initiation 
Checklist, and Korea CVD Initiation Checklist, at Attachment II.
    \24\ As mentioned above, Petitioners established that shipments 
are a reasonable proxy for production data. Section 351.203(e)(1) of 
the Department's regulations states ``production levels may be 
established by reference to alternative data that the Secretary 
determines to be indicative of production levels.''
    \25\ See section 702(c)(4)(D) of the Act; see also Brazil CVD 
Initiation Checklist, PRC CVD Initiation Checklist, and Korea CVD 
Initiation Checklist, at Attachment II.
    \26\ See Brazil CVD Initiation Checklist, PRC CVD Initiation 
Checklist, and Korea CVD Initiation Checklist, at Attachment II.
    \27\ Id.
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    The Department finds that Petitioners filed the Petitions on behalf 
of the domestic industry because they are interested parties as defined 
in section 771(9)(C) of the Act and they have demonstrated sufficient 
industry support with respect to the CVD investigations that they are 
requesting the Department initiate.\28\
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    \28\ Id.
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Injury Test

    Because Brazil, the PRC, and Korea are ``Subsidies Agreement 
Countries'' within the meaning of section 701(b) of the Act, section 
701(a)(2) of the Act applies to these investigations. Accordingly, the 
ITC must determine whether imports of the subject merchandise from 
Brazil, the PRC, and Korea materially injure, or threaten material 
injury to, a U.S. industry.

Allegations and Evidence of Material Injury and Causation

    Petitioners allege that imports of the subject merchandise are 
benefitting from countervailable subsidies and that such imports are 
causing, or threaten to cause, material injury to the U.S. industry 
producing the domestic like product. In addition, with regard to the 
PRC and Korea, Petitioners allege that subject imports exceed the 
negligibility threshold provided for under section 771(24)(A) of the 
Act.\29\
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    \29\ See Volume I of the Petitions, at 25-29 and Exhibits I-13 
and I-16.
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    In CVD petitions, section 771(24)(A) of the Act provides that 
imports of subject merchandise must exceed the negligibility threshold 
of three percent, except that imports of subject merchandise from 
developing countries in CVD investigations must exceed the 
negligibility threshold of four percent, pursuant to section 771(24)(B) 
of the

[[Page 27101]]

Act. Brazil has been designated as a developing country.\30\
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    \30\ See section 771(36)(A)-(B) of the Act.
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    While the allegedly subsidized imports from Brazil do not 
individually meet the statutory negligibility threshold of four 
percent, Petitioners allege and provide supporting evidence that there 
is the potential that imports from Brazil will imminently exceed the 
negligibility threshold and, therefore, are not negligible for purposes 
of a threat determination.\31\ Petitioners' arguments regarding the 
potential for imports to imminently exceed the negligibility threshold 
are consistent with the statutory criterial for ``negligibility in 
threat analysis'' under section 771(24)(A)(iv) of the Act, which 
provides that imports shall not be treated as negligible if there is a 
potential that subject imports from a country will imminently exceed 
the statutory requirements for negligibility.
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    \31\ See Second General Issues Supplement, at 1-4 and Exhibit 1.
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    Petitioners contend that the industry's injured condition is 
illustrated by reduced market share; declines in production, capacity 
utilization, U.S. shipments, labor hours, and wages; underselling and 
price suppression or depression; deteriorating financial performance; 
and lost sales and revenues.\32\ We have assessed the allegations and 
supporting evidence regarding material injury, threat of material 
injury, and causation, and we have determined that these allegations 
are properly supported by adequate evidence and meet the statutory 
requirements for initiation.\33\
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    \32\ See Volume I of the Petitions, at 20-22, 34-47 and Exhibits 
I-4, I-5, I-9, I-10, I-12 through I-14, I-16, and I-17; see also 
General Issues Supplement, at 11-15 and Exhibits I-Supp-1, I-Supp-6, 
I-Supp-7, and I-Supp-9.
    \33\ See Brazil CVD Initiation Checklist, PRC CVD Initiation 
Checklist, and Korea CVD Initiation Checklist, at Attachment III, 
Analysis of Allegations and Evidence of Material Injury and 
Causation for the Antidumping and Countervailing Duty Petitions 
Covering 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, South Africa, Taiwan, and the Republic of Turkey.
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Initiation of CVD Investigation

    Section 702(b)(1) of the Act requires the Department to initiate a 
CVD investigation whenever an interested party files a CVD petition on 
behalf of an industry that (1) alleges the elements necessary for an 
imposition of a duty under section 701(a) of the Act and (2) is 
accompanied by information reasonably available to Petitioners 
supporting the allegations.
    Petitioners allege that producers/exporters of CTL plate in Brazil, 
the PRC, and Korea benefit from countervailable subsidies bestowed by 
the governments of these countries, respectively. The Department 
examined the Petitions and finds that they comply with the requirements 
of section 702(b)(1) of the Act. Therefore, in accordance with section 
702(b)(1) of the Act, we are initiating CVD investigations to determine 
whether manufacturers, producers, and/or exporters of CTL plate from 
Brazil, the PRC, and Korea receive countervailable subsidies from the 
governments of these countries, respectively.
    On June 29, 2015, the President of the United States signed into 
law the Trade Preferences Extension Act of 2015, which made numerous 
amendments to the AD and CVD law.\34\ The 2015 law does not specify 
dates of application for those amendments. On August 6, 2015, the 
Department published an interpretative rule, in which it announced the 
applicability dates for each amendment to the Act, except for 
amendments contained in section 771(7) of the Act, which relate to 
determinations of material injury by the ITC.\35\ The amendments to 
sections 776 and 782 of the Act are applicable to all determinations 
made on or after August 6, 2015, and, therefore, apply to these CVD 
investigations.\36\
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    \34\ See Trade Preferences Extension Act of 2015, Public Law 
114-27, 129 Stat. 362 (2015).
    \35\ See Dates of Application of Amendments to the Antidumping 
and Countervailing Duty Laws Made by the Trade Preferences Extension 
Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). 
The 2015 amendments may be found at https://www.congress.gov/bill/114th-congress/house-bill/1295/text/pl.
    \36\ See Applicability Notice, 80 FR at 46794-95.
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Brazil

    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on 24 of the 25 
alleged programs. For a full discussion of the basis for our decision 
to initiate or not initiate on each program, see the Brazil CVD 
Initiation Checklist.

The PRC

    Based on our review of the petition, we find that there is 
sufficient information to initiate a CVD investigation on 43 of the 44 
alleged programs. For a full discussion of the basis for our decision 
to initiate or not initiate on each program, see the PRC CVD Initiation 
Checklist.

Korea

    Based on our review of the petition, out of the 42 alleged 
programs, we find that there is sufficient information to initiate a 
CVD investigation on 39 programs and to partially initiate an 
investigation regarding one program. For a full discussion of the basis 
for our decision to initiate or not initiate on each program, see the 
Korea CVD Initiation Checklist.
    A public version of the initiation checklist for each investigation 
is available on ACCESS.
    In accordance with section 703(b)(1) of the Act and 19 CFR 
351.205(b)(1), unless postponed, we will make our preliminary 
determination no later than 65 days after the date of this initiation.

Respondent Selection

    Petitioners named three companies as producers/exporters of CTL 
plate in Brazil, 56 in the PRC, and 21 in Korea.\37\ In the event the 
Department determines the number of companies subject to each 
investigation is large, the Department intends to follow its standard 
practice in CVD investigations, and, where appropriate, select 
respondents based on U.S. Customs and Border Protection (CBP) data for 
U.S. imports of CTL plate during the POI under the appropriate 
Harmonized Tariff Schedule of the United States numbers. We intend to 
release CBP data under Administrative Protective Order (APO) to all 
parties with access to information protected by APO within five 
business days of publication of this Federal Register notice. Comments 
regarding the CBP data and respondent selection should be submitted 
seven calendar days after the placement of the CBP data on the record 
of this investigation. Parties wishing to submit rebuttal comments 
should submit those comments five calendar days after the deadline for 
initial comments.
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    \37\ See Petition, Volume I at Exhibit I-8.
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    Comments must be filed electronically using ACCESS. An 
electronically-filed document must be received successfully, in its 
entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. 
We intend to make our decision regarding respondent selection within 20 
days of publication of this notice. Interested parties must submit 
applications for disclosure under APO in accordance with 19 CFR 
351.305(b). Instructions for filing such applications may be found on 
the Department's Web site at https://enforcement.trade.gov/apo.

Distribution of Copies of the Petition

    In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 
351.202(f), a copy of the public version of the Petition has been 
provided to the

[[Page 27102]]

GOB, GOC and GOK via ACCESS. To the extent practicable, we will attempt 
to provide a copy of the public version of the Petitions to each known 
exporter (as named in the Petitions), consistent with 19 CFR 
351.203(c)(2).

ITC Notification

    We will notify the ITC of our initiation, as required by section 
702(d) of the Act.

Preliminary Determinations by the ITC

    The ITC will preliminarily determine, within 45 days after the date 
on which the Petition was filed, whether there is a reasonable 
indication that imports of CTL plate from Brazil, the PRC, and Korea 
are materially injuring, or threatening material injury to, a U.S. 
industry.\38\ A negative ITC determination will result in the 
investigation being terminated.\39\ Otherwise, this investigation will 
proceed according to statutory and regulatory time limits.
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    \38\ See section 703(a)(2) of the Act.
    \39\ See section 703(a)(1) of the Act.
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Submission of Factual Information

    Factual information is defined in 19 CFR 351.102(b)(21) as: (i) 
Evidence submitted in response to questionnaires; (ii) evidence 
submitted in support of allegations; (iii) publicly available 
information to value factors under 19 CFR 351.408(c) or to measure the 
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence 
placed on the record by the Department; and (v) evidence other than 
factual information described in (i)-(iv). 19 CFR 351.301(b) requires 
any party, when submitting factual information, to specify under which 
subsection of 19 CFR 351.102(b)(21) the information is being submitted 
and, if the information is submitted to rebut, clarify, or correct 
factual information already on the record, to provide an explanation 
identifying the information already on the record that the factual 
information seeks to rebut, clarify, or correct. Time limits for the 
submission of factual information are addressed in 19 CFR 351.301, 
which provides specific time limits based on the type of factual 
information being submitted. Parties should review the regulations 
prior to submitting factual information in this investigation.

Extension of Time Limits Regulation

    Parties may request an extension of time limits before the 
expiration of a time limit established under 19 CFR 351.301, or as 
otherwise specified by the Secretary. In general, an extension request 
will be considered untimely if it is filed after the expiration of the 
time limit established under 19 CFR 351.301 expires. For submissions 
that are due from multiple parties simultaneously, an extension request 
will be considered untimely if it is filed after 10:00 a.m. on the due 
date. Under certain circumstances, we may elect to specify a different 
time limit by which extension requests will be considered untimely for 
submissions which are due from multiple parties simultaneously. In such 
a case, we will inform parties in the letter or memorandum setting 
forth the deadline (including a specified time) by which extension 
requests must be filed to be considered timely. An extension request 
must be made in a separate, stand-alone submission; under limited 
circumstances we will grant untimely-filed requests for the extension 
of time limits. Review Extension of Time Limits; Final Rule, 78 FR 
57790 (September 20, 2013), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm, prior to submitting factual 
information in this investigation.

Certification Requirements

    Any party submitting factual information in an AD or CVD proceeding 
must certify to the accuracy and completeness of that information.\40\ 
Parties are hereby reminded that revised certification requirements are 
in effect for company/government officials, as well as their 
representatives. Investigations initiated on the basis of petitions 
filed on or after August 16, 2013, and other segments of any AD or CVD 
proceedings initiated on or after August 16, 2013, should use the 
formats for the revised certifications provided at the end of the Final 
Rule.\41\ The Department intends to reject factual submissions if the 
submitting party does not comply with the applicable revised 
certification requirements.
---------------------------------------------------------------------------

    \40\ See section 782(b) of the Act.
    \41\ See Certification of Factual Information To Import 
Administration During Antidumping and Countervailing Duty 
Proceedings, 78 FR 42678 (July 17, 2013) (``Final Rule''); see also 
frequently asked questions regarding the Final Rule, available at 
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
---------------------------------------------------------------------------

Notification to Interested Parties

    Interested parties must submit applications for disclosure under 
APO in accordance with 19 CFR 351.305. On January 22, 2008, the 
Department published Antidumping and Countervailing Duty Proceedings: 
Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 
22, 2008). Parties wishing to participate in this investigation should 
ensure that they meet the requirements of these procedures (e.g., the 
filing of letters of appearance as discussed at 19 CFR 351.103(d)).
    This notice is issued and published pursuant to sections 702 and 
777(i) of the Act.

    Dated: April 28, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigations

    The products covered by these investigations 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., orders on hot-
rolled flat-rolled steel); 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 these investigations 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

[[Page 27103]]

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 investigations 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 these investigations 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 these investigations:
    (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;
    (4) CTL plate meeting the requirements of ASTM A-829, Grade E 
4340 that are over 305 mm in actual thickness;
    (5) Alloy forged and rolled CTL plate greater than or equal to 
152.4 mm in actual thickness meeting each of the following 
requirements:
    (a) Electric furnace melted, ladle refined & vacuum degassed and 
having a chemical composition (expressed in weight percentages):
     Carbon 0.23-0.28,
     Silicon 0.05-0.20,
     Manganese 1.20-1.60,
     Nickel not greater than 1.0,
     Sulfur not greater than 0.007,
     Phosphorus not greater than 0.020,
     Chromium 1.0-2.5,
     Molybdenum 0.35-0.80,
     Boron 0.002-0.004,
     Oxygen not greater than 20 ppm,
     Hydrogen not greater than 2 ppm, and
     Nitrogen not greater than 60 ppm;
    (b) With a Brinell hardness measured in all parts of the product 
including mid thickness falling within one of the following ranges:
    (i) 270-300 HBW,
    (ii) 290-320 HBW, or
    (iii) 320-350HBW;
    (c) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not 
exceeding 0.5, D not exceeding 1.5; and
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 2 mm flat bottom hole;
    (6) Alloy forged and rolled steel CTL plate over 407 mm in 
actual thickness and meeting the following requirements:
    (a) Made from Electric Arc Furnace melted, Ladle refined & 
vacuum degassed, alloy steel with the following chemical composition 
(expressed in weight percentages):
     Carbon 0.23-0.28,
     Silicon 0.05-0.15,
     Manganese 1.20-1.50,
     Nickel not greater than 0.4,
     Sulfur not greater than 0.010,
     Phosphorus not greater than 0.020,
     Chromium 1.20-1.50,
     Molybdenum 0.35-0.55,
     Boron 0.002-0.004,
     Oxygen not greater than 20 ppm,
     Hydrogen not greater than 2 ppm, and
     Nitrogen not greater than 60 ppm;
    (b) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not 
exceeding 1.0, D not exceeding 1.5;
    (c) Having the following mechanical properties:
    (i) With a Brinell hardness not more than 237 HBW measured in 
all parts of the product including mid thickness; and having a Yield 
Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or 
more and Reduction of area 35% or more; having charpy V at -75 
degrees F in the longitudinal direction equal or greater than 15 ft. 
lbs (single value) and equal or greater than 20 ft. lbs (average of 
3 specimens) and conforming to the requirements of NACE MR01-75; or
    (ii) With a Brinell hardness not less than 240 HBW measured in 
all parts of the product including mid thickness; and having a Yield 
Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or 
more and Reduction of area 30% or more; having charpy V at -40 
degrees F in the longitudinal direction equal or greater than 21 ft. 
lbs (single value) and equal or greater than 31 ft. lbs (average of 
3 specimens);
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 3.2 mm flat bottom hole; and
    (e) Conforming to magnetic particle inspection in accordance 
with AMS 2301;
    (7) Alloy forged and rolled steel CTL plate over 407 mm in 
actual thickness and meeting the following requirements:
    (a) Made from Electric Arc Furnace melted, ladle refined & 
vacuum degassed, alloy steel with the following chemical composition 
(expressed in weight percentages):
     Carbon 0.25-0.30,
     Silicon not greater than 0.25,
     Manganese not greater than 0.50,
     Nickel 3.0-3.5,
     Sulfur not greater than 0.010,
     Phosphorus not greater than 0.020,
     Chromium 1.0-1.5,
     Molybdenum 0.6-0.9,
     Vanadium 0.08 to 0.12
     Boron 0.002-0.004,
     Oxygen not greater than 20 ppm,
     Hydrogen not greater than 2 ppm, and
     Nitrogen not greater than 60 ppm.
    (b) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 
1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not 
exceeding 1.5(t) and 1.0(h);
    (c) Having the following mechanical properties: A Brinell 
hardness not less than 350 HBW measured in all parts of the product 
including mid thickness; and having a Yield Strength of 145ksi or 
more and UTS 160ksi or more, Elongation of 15% or more and Reduction 
of area 35% or more; having charpy V at -40 degrees F in the 
transverse direction equal or greater than 20 ft. lbs (single value) 
and equal or greater than 25 ft. lbs (average of 3 specimens);
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 3.2 mm flat bottom hole; and
    (e) Conforming to magnetic particle inspection in accordance 
with AMS 2301.
    At the time of the filing of the petition, there was an existing 
antidumping duty order on certain cut-to-length carbon-quality steel 
plate products from Korea. See Notice of Final Determination of 
Sales at Less Than Fair Value: Certain Cut-To-Length Carbon-Quality 
Steel Plate Products from Korea, 64 FR 73,196 (Dep't Commerce Dec. 
29, 1999), as amended, 65 FR 6,585 (Dep't Commerce Feb 10, 2000) 
(1999 Korea AD Order). The scope of the antidumping duty 
investigation with regard to cut-to-length plate from Korea covers 
only (1) subject cut-to-length plate not within the physical 
description of cut-to-length carbon quality steel plate in the 1999 
Korea AD Order, regardless of producer or exporter; and (2) cut-to-
length plate produced and/or exported by those companies that were 
excluded or revoked from the 1999 Korea AD Order as of April 8, 
2016. The only revoked or excluded company is Pohang Iron and Steel 
Company, also known as POSCO.
    At the time of the filing of the petition, there was an existing 
countervailing duty order on certain cut-to-length carbon-quality 
steel plate from Korea. See Final Affirmative Countervailing Duty 
Determination: Certain Cut-to-Length Carbon-Quality Steel Plate From 
the Republic of Korea, 64 FR 73,176 (Dep't Commerce Dec. 29, 1999), 
as amended, 65 FR 6,587 (Dep't Commerce Feb. 10, 2000) (1999 Korea 
CVD Order). The scope of the countervailing duty investigation with 
regard to cut-to-length plate from Korea covers only (1) subject 
cut-to-length plate not within the physical description of cut-to-
length carbon quality steel plate in the 1999 Korea CVD Order 
regardless of producer or exporter, and (2) cut-to-length plate 
produced and/or exported by those companies that were excluded or 
revoked from the 1999 Korea

[[Page 27104]]

CVD Order as of April 8, 2016. The only revoked or excluded company 
is Pohang Iron and Steel Company, also known as POSCO.
    Excluded from the scope of the antidumping duty investigation on 
cut-to-length plate from 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 investigations 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 investigations 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, 7214.10.000, 
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, 7206.11.1000, 7226.11.9060, 7229.19.1000, 
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 
investigations is dispositive.

[FR Doc. 2016-10631 Filed 5-4-16; 8:45 am]
 BILLING CODE 3510-DS-P