Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Preliminary Negative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 63168-63171 [2016-21997]
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Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices
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Certain Carbon and Alloy Steel Cut-toLength Plate From the Republic of
Korea: Preliminary Negative
Countervailing Duty Determination and
Alignment of Final Determination With
Final Antidumping Duty Determination
DEPARTMENT OF COMMERCE
International Trade Administration
Iowa State University of Science and
Technology, et al.; Notice of
Consolidated Decision on Applications
for Duty-Free Entry of Electron
Microscope
asabaliauskas on DSK3SPTVN1PROD with NOTICES
BILLING CODE 3510–DS–P
[C–580–888]
BILLING CODE 3510–07–P
This is a decision consolidated
pursuant to Section 6(c) of the
Educational, Scientific, and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301).
Related records can be viewed between
8:30 a.m. and 5:00 p.m. in Room 3720,
U.S. Department of Commerce, 14th and
Constitution Avenue NW., Washington,
DC.
Docket Number: 15–052. Applicant:
Iowa State University of Science and
Technology, Ames, IA 50011–3020.
Instrument: Electron Microscope.
Manufacturer: FEI, Company, Czech
Republic and Great Britain. Intended
Use: See notice at 81 FR 41519, June 27,
2016.
Docket Number: 16–007. Applicant:
University of California, Riverside,
Riverside, CA 92521. Instrument:
Electron Microscope. Manufacturer: FEI
Company, the Netherlands. Intended
Use: See notice at 81 FR 41519, June 27,
2016.
Comments: None received. Decision:
Approved. No instrument of equivalent
scientific value to the foreign
instrument, for such purposes as this
instrument is intended to be used, is
being manufactured in the United States
at the time the instrument was ordered.
Reasons: Each foreign instrument is an
electron microscope and is intended for
research or scientific educational uses
requiring an electron microscope. We
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International Trade Administration
[FR Doc. 2016–22002 Filed 9–13–16; 8:45 am]
20:55 Sep 13, 2016
Dated: September 8, 2016.
Gregory W. Campbell,
Director, Subsidies Enforcement Office,
Enforcement and Compliance.
DEPARTMENT OF COMMERCE
Dated: September 8, 2016.
Shelly Martinez,
Executive Director of the Commission on
Evidence-Based Policymaking.
VerDate Sep<11>2014
know of no electron microscope, or any
other instrument suited to these
purposes, which was being
manufactured in the United States at the
time of order of each instrument.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) preliminarily
determines that countervailable
subsidies are not being provided to
producers/exporters of certain carbon
and alloy steel cut-to-length plate (CTL
plate) from the Republic of Korea
(Korea). The period of investigation is
January 1, 2015, through December 31,
2015. Interested parties are invited to
comment on this preliminary
determination.
DATES: Effective September 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Yasmin Bordas or John Corrigan, AD/
CVD Operations, Office VI, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone (202) 482–3813 or (202) 482–
7438, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Alignment of Final Countervailing Duty
(CVD) Determination With Final
Antidumping Duty (AD) Determination
On the same day the Department
initiated this CVD investigation, the
Department also initiated CVD
investigations of CTL plate from Brazil
and the People’s Republic of China
(PRC) and AD investigations of CTL
plate from Austria, Belgium, Brazil,
France, Germany, Italy, Japan, Korea,
the PRC, South Africa, Taiwan, and
Turkey.1 The CVD investigation covers
1 See Certain Carbon and Alloy Steel Cut-toLength Plate From Brazil, the People’s Republic of
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
the same merchandise as the AD
investigations of CTL plate from
Austria, Belgium, Brazil, France,
Germany, Italy, Japan, South Africa, and
Taiwan.2 On August 25, 2016, in
accordance with section 705(a)(1) of the
Tariff Act of 1930, as amended (Act),
Petitioners 3 requested alignment of the
final CVD determination with the final
AD determination of CTL plate from
Korea.4 Therefore, in accordance with
section 705(a)(1) of the Act and 19 CFR
351.210(b)(4), we are aligning the final
CVD determination with the final AD
determination of CTL plate from
Austria, Belgium, France, Germany,
Italy, Japan, and Taiwan. Consequently,
the final CVD determination will be
issued on the same date as the final AD
determination, which is currently
scheduled to be issued no later than
January 18, 2017, unless postponed.5
Scope of the Investigation
The scope of this investigation covers
CTL plate from Korea. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to
the Department’s regulations,6 the
Initiation Notice set aside a period of
time for parties to raise issues regarding
China, and the Republic of Korea: Initiation of
Countervailing Duty Investigations, 81 FR 27098
(May 5, 2016) (Initiation Notice); see also Certain
Carbon and Alloy Steel Cut-To-Length Plate From
Austria, Belgium, Brazil, France, the Federal
Republic of Germany, Italy, Japan, the Republic of
Korea, the People’s Republic of China, South Africa,
Taiwan, and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 81 FR 27089
(May 5, 2016).
2 For a complete case history, see Memorandum
from Gary Taverman, Associate Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, ‘‘Decision Memorandum for the
Preliminary Negative Determination: Countervailing
Duty Investigation of Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Republic of
Korea,’’ dated concurrently with this notice and
hereby incorporated by reference, and adopted by
this notice (Preliminary Decision Memorandum).
3 Petitioners in this investigation are
ArcelorMittal USA LLC, Nucor Corporation, and
SSAB Enterprises LLC.
4 See Letter from Petitioners, ‘‘Carbon and Alloy
Steel Cut-to-Length Plate from Korea: Petitioners’
Request to Align the Countervailing Duty Final
Determinations with the Companion Antidumping
Duty Final Determinations,’’ dated August 25, 2016.
5 The AD determinations of CTL plate from
Brazil, South Africa, and Turkey were not
postponed. See Certain Carbon and Alloy Steel Cutto-Length Plate Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, the People’s Republic of China,
and Taiwan: Postponement of Preliminary
Determinations of Antidumping Duty
Investigations, 81 FR 59185 (August 29, 2016).
6 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
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product coverage (i.e., scope).7 Certain
interested parties commented on the
scope of this investigation as it appeared
in the Initiation Notice, as well as
additional language proposed by the
Department. For a summary of the
product coverage comments and
rebuttal responses submitted to the
record for this preliminary
determination, and accompanying
discussion and analysis of all comments
timely received, see the Department’s
Preliminary Scope Memorandum issued
concurrently with this notice.8 The
Department is preliminarily modifying
the scope language as it appeared in the
Initiation Notice to clarify the exclusion
for stainless steel plate.9 The
Department is also correcting two tariff
numbers that were misidentified in the
Petitions and in the Initiation Notice.10
Preliminary Determination
For this preliminary determination,
we calculated a de minimis
countervailable subsidy rate for POSCO.
Consistent with section 703(b)(4)(A) of
the Act, we are disregarding this rate
and preliminarily determine that
countervailable subsides are not being
provided to producers/exporters of the
subject merchandise in Korea.
Accordingly, we did not calculate an
all-others rate because the rate for the
individually investigated company is de
minimis.
We preliminarily determine the
countervailable subsidy rate to be:
Methodology
Because we preliminarily determine
that the CVD rates in this investigation
are de minimis, we will not direct U.S.
Customs and Border Protection to
suspend liquidation of entries of subject
merchandise.
The Department is conducting this
CVD investigation in accordance with
section 701 of the Act. For a full
description of the methodology
underlying our preliminary conclusions,
see the Preliminary Decision
Memorandum.11 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov, and is available to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/. The signed
Preliminary Decision Memorandum and
the electronic version of the Preliminary
Decision Memorandum are identical in
content.
7 See
Initiation Notice, 81 FR at 27099.
Memorandum to Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations, ‘‘Certain Carbon
and Alloy Steel Cut-to-Length Plate From Austria,
Belgium, Brazil, the People’s Republic of China,
France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, the Republic of South
Africa, Taiwan, and Turkey: Scope Comments
Decision Memorandum for the Preliminary
Determinations’’ (Preliminary Scope Memorandum)
dated concurrently with this preliminary
determination.
9 Specifically, the revised scope now states that
stainless steel plate must not contain more than 1.2
percent of carbon by weight.
10 Id.
11 See (Preliminary Decision Memorandum).
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8 See
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20:55 Sep 13, 2016
Jkt 238001
Company
Subsidy rate
POSCO .....................
0.62 percent (de minimis)
Verification
As provided in section 782(i)(1) of the
Act, we intend to verify the information
submitted by the respondent prior to
making our final determination.
International Trade Commission
Notification
In accordance with section 703(f) of
the Act, we will notify the International
Trade Commission (ITC) of our
determination. In addition, we are
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(3)
of the Act, if our final determination is
affirmative, the ITC will make its final
determination within 75 days after the
Department makes its final
determination.
Disclosure and Public Comment
The Department intends to disclose to
interested parties the calculations
performed in connection with this
preliminary determination within five
days of its public announcement.12
Interested parties may submit case and
12 See
PO 00000
Fmt 4703
rebuttal briefs, as well as request a
hearing.13 For a schedule of the
deadlines for filing case briefs, rebuttal
briefs, and hearing requests, see the
Preliminary Decision Memorandum.
This determination is issued and
published pursuant to sections 703(f)
and 777(i) of the Act and 19 CFR
351.205(c).
Dated: September 6, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
Appendix I
Scope of the Investigation
The products covered by this investigation
are certain carbon and alloy steel hot-rolled
or forged flat plate products not in coils,
whether or not painted, varnished, or coated
with plastics or other non-metallic
substances (cut-to-length plate). Subject
merchandise includes plate that is produced
by being cut-to-length from coils or from
other discrete length plate and plate that is
rolled or forged into a discrete length. The
products covered include (1) Universal mill
plates (i.e., flat-rolled products rolled on four
faces or in a closed box pass, of a width
exceeding 150 mm but not exceeding 1250
mm, and of a thickness of not less than 4
mm, which are not in coils and without
patterns in relief), and (2) hot-rolled or forged
flat steel products of a thickness of 4.75 mm
or more and of a width which exceeds 150
mm and measures at least twice the
thickness, and which are not in coils,
whether or not with patterns in relief. The
covered products described above may be
rectangular, square, circular or other shapes
and include products of either rectangular or
non-rectangular cross-section where such
non-rectangular cross-section is achieved
subsequent to the rolling process, i.e.,
products which have been ‘‘worked after
rolling’’, (e.g., products which have been
beveled or rounded at the edges).
For purposes of the width and thickness
requirements referenced above, the following
rules apply:
(1) Except where otherwise stated where
the nominal and actual thickness or width
measurements vary, a product from a given
subject country is within the scope if
application of either the nominal or actual
measurement would place it within the scope
based on the definitions set forth above
unless the product is already covered by an
order existing on that specific country (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 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
investigation are products in which: (1) Iron
predominates, by weight, over each of the
13 See 19 CFR 351.309(c)–(d) and 19 CFR
351.310(c).
19 CFR 351.224(b).
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other contained elements; and (2) the carbon
content is 2 percent or less by weight.
Subject merchandise includes cut-to-length
plate that has been further processed in the
subject country or a third country, including
but not limited to pickling, oiling, levelling,
annealing, tempering, temper rolling, skin
passing, painting, varnishing, trimming,
cutting, punching, beveling, and/or slitting,
or any other processing that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the cut-to-length
plate.
All products that meet the written physical
description, are within the scope of this
investigation unless specifically excluded or
covered by the scope of an existing order.
The following products are outside of, and/
or specifically excluded from, the scope of
this investigation:
(1) Products clad, plated, or coated with
metal, whether or not painted, varnished or
coated with plastic or other non-metallic
substances;
(2) military grade armor plate certified to
one of the following specifications or to a
specification that references and incorporates
one of the following specifications:
• MIL–A–12560,
• MIL–DTL–12560H,
• MIL–DTL–12560J,
• MIL–DTL–12560K,
• MIL–DTL–32332,
• MIL–A–46100D,
• MIL–DTL–46100–E,
• MIL–46177C,
• MIL–S–16216K Grade HY80,
• MIL–S–16216K Grade HY100,
• MIL–S–24645A HSLA–80;
• MIL–S–24645A HSLA–100,
• T9074–BD–GIB–010/0300 Grade HY80,
• T9074–BD–GIB–010/0300 Grade HY100,
• T9074–BD–GIB–010/0300 Grade
HSLA80,
• T9074–BD–GIB–010/0300 Grade
HSLA100, and
• 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,
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20:55 Sep 13, 2016
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• 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;
PO 00000
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(7) Alloy forged and rolled steel CTL plate
over 407 mm in actual thickness and meeting
the following requirements:
(a) Made from Electric Arc Furnace melted,
ladle refined & vacuum degassed, alloy steel
with the following chemical composition
(expressed in weight percentages):
• Carbon 0.25–0.30,
• Silicon not greater than 0.25,
• Manganese not greater than 0.50,
• Nickel 3.0–3.5,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
• Chromium 1.0–1.5,
• Molybdenum 0.6–0.9,
• Vanadium 0.08 to 0.12
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.0(t) and 0.5(h), B not
exceeding 1.5(t) and 1.0(h), C not exceeding
1.0(t) and 0.5(h), and D not exceeding 1.5(t)
and 1.0(h);
(c) Having the following mechanical
properties: A Brinell hardness not less than
350 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 145ksi or more and UTS
160ksi or more, Elongation of 15% or more
and Reduction of area 35% or more; having
charpy V at ¥40 degrees F in the transverse
direction equal or greater than 20 ft. lbs
(single value) and equal or greater than 25 ft.
lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 3.2 mm flat bottom hole;
and
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301.
At the time of the filing of the petition,
there was an existing countervailing duty
order on certain cut-to-length carbon-quality
steel plate from Korea. See Final Affirmative
Countervailing Duty Determination: Certain
Cut-to-Length Carbon-Quality Steel Plate
From the Republic of Korea, 64 FR 73,176
(Dep’t Commerce Dec. 29, 1999), as amended,
65 FR 6,587 (Dep’t Commerce Feb. 10, 2000)
(1999 Korea CVD Order). The scope of the
countervailing duty investigation with regard
to cut-to-length plate from Korea covers only
(1) subject cut-to-length plate not within the
physical description of cut-to-length carbon
quality steel plate in the 1999 Korea CVD
Order regardless of producer or exporter, and
(2) cut-to-length plate produced and/or
exported by those companies that were
excluded or revoked from the 1999 Korea
CVD Order as of April 8, 2016. The only
revoked or excluded company is Pohang Iron
and Steel Company, also known as POSCO.
The products subject to the investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.40.3030,
7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the investigation
may also enter under the following HTSUS
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item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.10.0000, 7214.30.0010, 7214.30.0080,
7214.91.0015, 7214.91.0060, 7214.91.0090,
7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7226.11.1000,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.0500, 7226.91.1530, 7226.91.1560,
7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Use of Facts Otherwise Available
VIII. Subsidies Valuation
IX. Analysis of Programs
X. ITC Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
[FR Doc. 2016–21997 Filed 9–13–16; 8:45 am]
BILLING CODE 3510–DS–P
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2016.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
asabaliauskas on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:55 Sep 13, 2016
Jkt 238001
63171
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: September 6, 2016.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2016–21722 Filed 9–13–16; 8:45 am]
BILLING CODE 3510–KD–P
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
National Telecommunications and
Information Administration
National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice of open meeting.
AGENCY:
This notice announces an
open meeting of the Digital Economy
Board of Advisors. The Board advises
and provides recommendations to the
Secretary of Commerce, through the
Assistant Secretary of Commerce for
Communications and Information and
the National Telecommunications and
Information Administration (NTIA), on
a broad range of issues concerning the
digital economy and Internet policy.
DATES: The meeting will be held in two
sessions on September 30, 2016, from
8:30 a.m. to 12:30 p.m., Pacific Daylight
Time (PDT), and from 1:30 p.m. to 2:30
p.m. PDT.
ADDRESSES: The meeting will be held at
Mozilla, 331 E. Evelyn Avenue,
Mountain View, CA 94041. Public
comments may be mailed to: Digital
Economy Board of Advisors, National
Telecommunications and Information
Administration, 1401 Constitution
Avenue NW., Room 4725, Washington,
DC 20230 or emailed to DEBA@
ntia.doc.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Evelyn Remaley, Designated Federal
Officer (DFO), at (202) 482–3821 or
DEBA@ntia.doc.gov; and/or visit NTIA’s
Web site at https://www.ntia.doc.gov/
category/digital-economy-boardadvisors.
SUPPLEMENTARY INFORMATION:
Background: Economic prosperity is
increasingly tied to the digital economy,
which is a key driver of
competitiveness, business expansion,
and innovation. Indeed, virtually every
modern company relies on the Internet
to grow and thrive. As a result, the
Department of Commerce (Department)
has made technology and Internet
policy a top priority, investing resources
to address challenges and opportunities
businesses face in a global economy.
Last year, the Secretary of Commerce
unveiled the Department’s Digital
Economy Agenda, which will help
businesses and consumers realize the
potential of the digital economy to
advance growth and opportunity. The
Agenda focuses on four key objectives:
Promoting a free and open Internet
worldwide; promoting trust online;
E:\FR\FM\14SEN1.SGM
14SEN1
Agencies
[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Notices]
[Pages 63168-63171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21997]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-888]
Certain Carbon and Alloy Steel Cut-to-Length Plate From the
Republic of Korea: Preliminary Negative Countervailing Duty
Determination and Alignment of Final Determination With Final
Antidumping Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily
determines that countervailable subsidies are not being provided to
producers/exporters of certain carbon and alloy steel cut-to-length
plate (CTL plate) from the Republic of Korea (Korea). The period of
investigation is January 1, 2015, through December 31, 2015. Interested
parties are invited to comment on this preliminary determination.
DATES: Effective September 14, 2016.
FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or John Corrigan, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-3813
or (202) 482-7438, respectively.
SUPPLEMENTARY INFORMATION:
Alignment of Final Countervailing Duty (CVD) Determination With Final
Antidumping Duty (AD) Determination
On the same day the Department initiated this CVD investigation,
the Department also initiated CVD investigations of CTL plate from
Brazil and the People's Republic of China (PRC) and AD investigations
of CTL plate from Austria, Belgium, Brazil, France, Germany, Italy,
Japan, Korea, the PRC, South Africa, Taiwan, and Turkey.\1\ The CVD
investigation covers the same merchandise as the AD investigations of
CTL plate from Austria, Belgium, Brazil, France, Germany, Italy, Japan,
South Africa, and Taiwan.\2\ On August 25, 2016, in accordance with
section 705(a)(1) of the Tariff Act of 1930, as amended (Act),
Petitioners \3\ requested alignment of the final CVD determination with
the final AD determination of CTL plate from Korea.\4\ Therefore, in
accordance with section 705(a)(1) of the Act and 19 CFR 351.210(b)(4),
we are aligning the final CVD determination with the final AD
determination of CTL plate from Austria, Belgium, France, Germany,
Italy, Japan, and Taiwan. Consequently, the final CVD determination
will be issued on the same date as the final AD determination, which is
currently scheduled to be issued no later than January 18, 2017, unless
postponed.\5\
---------------------------------------------------------------------------
\1\ See 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, 81 FR 27098 (May
5, 2016) (Initiation Notice); see also Certain Carbon and Alloy
Steel Cut-To-Length Plate From Austria, Belgium, Brazil, France, the
Federal Republic of Germany, Italy, Japan, the Republic of Korea,
the People's Republic of China, South Africa, Taiwan, and the
Republic of Turkey: Initiation of Less-Than-Fair-Value
Investigations, 81 FR 27089 (May 5, 2016).
\2\ For a complete case history, see Memorandum from Gary
Taverman, Associate Deputy Assistant Secretary for Antidumping and
Countervailing Duty Operations, to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Decision Memorandum for the Preliminary Negative Determination:
Countervailing Duty Investigation of Certain Carbon and Alloy Steel
Cut-to-Length Plate from the Republic of Korea,'' dated concurrently
with this notice and hereby incorporated by reference, and adopted
by this notice (Preliminary Decision Memorandum).
\3\ Petitioners in this investigation are ArcelorMittal USA LLC,
Nucor Corporation, and SSAB Enterprises LLC.
\4\ See Letter from Petitioners, ``Carbon and Alloy Steel Cut-
to-Length Plate from Korea: Petitioners' Request to Align the
Countervailing Duty Final Determinations with the Companion
Antidumping Duty Final Determinations,'' dated August 25, 2016.
\5\ The AD determinations of CTL plate from Brazil, South
Africa, and Turkey were not postponed. See Certain Carbon and Alloy
Steel Cut-to-Length Plate Austria, Belgium, France, the Federal
Republic of Germany, Italy, Japan, the Republic of Korea, the
People's Republic of China, and Taiwan: Postponement of Preliminary
Determinations of Antidumping Duty Investigations, 81 FR 59185
(August 29, 2016).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of this investigation covers CTL plate from Korea. For a
complete description of the scope of this investigation, see Appendix
I.
Scope Comments
In accordance with the Preamble to the Department's regulations,\6\
the Initiation Notice set aside a period of time for parties to raise
issues regarding
[[Page 63169]]
product coverage (i.e., scope).\7\ Certain interested parties commented
on the scope of this investigation as it appeared in the Initiation
Notice, as well as additional language proposed by the Department. For
a summary of the product coverage comments and rebuttal responses
submitted to the record for this preliminary determination, and
accompanying discussion and analysis of all comments timely received,
see the Department's Preliminary Scope Memorandum issued concurrently
with this notice.\8\ The Department is preliminarily modifying the
scope language as it appeared in the Initiation Notice to clarify the
exclusion for stainless steel plate.\9\ The Department is also
correcting two tariff numbers that were misidentified in the Petitions
and in the Initiation Notice.\10\
---------------------------------------------------------------------------
\6\ See Antidumping Duties; Countervailing Duties, 62 FR 27296,
27323 (May 19, 1997) (Preamble).
\7\ See Initiation Notice, 81 FR at 27099.
\8\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
``Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria,
Belgium, Brazil, the People's Republic of China, France, the Federal
Republic of Germany, Italy, Japan, the Republic of Korea, the
Republic of South Africa, Taiwan, and Turkey: Scope Comments
Decision Memorandum for the Preliminary Determinations''
(Preliminary Scope Memorandum) dated concurrently with this
preliminary determination.
\9\ Specifically, the revised scope now states that stainless
steel plate must not contain more than 1.2 percent of carbon by
weight.
\10\ Id.
---------------------------------------------------------------------------
Methodology
The Department is conducting this CVD investigation in accordance
with section 701 of the Act. For a full description of the methodology
underlying our preliminary conclusions, see the Preliminary Decision
Memorandum.\11\ A list of topics discussed in the Preliminary Decision
Memorandum is included as Appendix II to this notice. The Preliminary
Decision Memorandum is a public document and is on file electronically
via Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, room B8024 of the main Department
of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be accessed directly on the
Internet at https://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\11\ See (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Preliminary Determination
For this preliminary determination, we calculated a de minimis
countervailable subsidy rate for POSCO. Consistent with section
703(b)(4)(A) of the Act, we are disregarding this rate and
preliminarily determine that countervailable subsides are not being
provided to producers/exporters of the subject merchandise in Korea.
Accordingly, we did not calculate an all-others rate because the rate
for the individually investigated company is de minimis.
We preliminarily determine the countervailable subsidy rate to be:
------------------------------------------------------------------------
Company Subsidy rate
------------------------------------------------------------------------
POSCO..................................... 0.62 percent (de minimis)
------------------------------------------------------------------------
Because we preliminarily determine that the CVD rates in this
investigation are de minimis, we will not direct U.S. Customs and
Border Protection to suspend liquidation of entries of subject
merchandise.
Verification
As provided in section 782(i)(1) of the Act, we intend to verify
the information submitted by the respondent prior to making our final
determination.
International Trade Commission Notification
In accordance with section 703(f) of the Act, we will notify the
International Trade Commission (ITC) of our determination. In addition,
we are making available to the ITC all non-privileged and non-
proprietary information relating to this investigation. We will allow
the ITC access to all privileged and business proprietary information
in our files, provided the ITC confirms that it will not disclose such
information, either publicly or under an administrative protective
order, without the written consent of the Assistant Secretary for
Enforcement and Compliance.
In accordance with section 705(b)(3) of the Act, if our final
determination is affirmative, the ITC will make its final determination
within 75 days after the Department makes its final determination.
Disclosure and Public Comment
The Department intends to disclose to interested parties the
calculations performed in connection with this preliminary
determination within five days of its public announcement.\12\
Interested parties may submit case and rebuttal briefs, as well as
request a hearing.\13\ For a schedule of the deadlines for filing case
briefs, rebuttal briefs, and hearing requests, see the Preliminary
Decision Memorandum.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.224(b).
\13\ See 19 CFR 351.309(c)-(d) and 19 CFR 351.310(c).
---------------------------------------------------------------------------
This determination is issued and published pursuant to sections
703(f) and 777(i) of the Act and 19 CFR 351.205(c).
Dated: September 6, 2016.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
Appendix I
Scope of the Investigation
The products covered by this investigation are certain carbon
and alloy steel hot-rolled or forged flat plate products not in
coils, whether or not painted, varnished, or coated with plastics or
other non-metallic substances (cut-to-length plate). Subject
merchandise includes plate that is produced by being cut-to-length
from coils or from other discrete length plate and plate that is
rolled or forged into a discrete length. The products covered
include (1) Universal mill plates (i.e., flat-rolled products rolled
on four faces or in a closed box pass, of a width exceeding 150 mm
but not exceeding 1250 mm, and of a thickness of not less than 4 mm,
which are not in coils and without patterns in relief), and (2) hot-
rolled or forged flat steel products of a thickness of 4.75 mm or
more and of a width which exceeds 150 mm and measures at least twice
the thickness, and which are not in coils, whether or not with
patterns in relief. The covered products described above may be
rectangular, square, circular or other shapes and include products
of either rectangular or non-rectangular cross-section where such
non-rectangular cross-section is achieved subsequent to the rolling
process, i.e., products which have been ``worked after rolling'',
(e.g., products which have been beveled or rounded at the edges).
For purposes of the width and thickness requirements referenced
above, the following rules apply:
(1) Except where otherwise stated where the nominal and actual
thickness or width measurements vary, a product from a given subject
country is within the scope if application of either the nominal or
actual measurement would place it within the scope based on the
definitions set forth above unless the product is already covered by
an order existing on that specific country (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 this investigation are
products in which: (1) Iron predominates, by weight, over each of
the
[[Page 63170]]
other contained elements; and (2) the carbon content is 2 percent or
less by weight.
Subject merchandise includes cut-to-length plate that has been
further processed in the subject country or a third country,
including but not limited to pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing, painting, varnishing,
trimming, cutting, punching, beveling, and/or slitting, or any other
processing that would not otherwise remove the merchandise from the
scope of the investigation if performed in the country of
manufacture of the cut-to-length plate.
All products that meet the written physical description, are
within the scope of this investigation unless specifically excluded
or covered by the scope of an existing order. The following products
are outside of, and/or specifically excluded from, the scope of this
investigation:
(1) Products clad, plated, or coated with metal, whether or not
painted, varnished or coated with plastic or other non-metallic
substances;
(2) military grade armor plate certified to one of the following
specifications or to a specification that references and
incorporates one of the following specifications:
MIL-A-12560,
MIL-DTL-12560H,
MIL-DTL-12560J,
MIL-DTL-12560K,
MIL-DTL-32332,
MIL-A-46100D,
MIL-DTL-46100-E,
MIL-46177C,
MIL-S-16216K Grade HY80,
MIL-S-16216K Grade HY100,
MIL-S-24645A HSLA-80;
MIL-S-24645A HSLA-100,
T9074-BD-GIB-010/0300 Grade HY80,
T9074-BD-GIB-010/0300 Grade HY100,
T9074-BD-GIB-010/0300 Grade HSLA80,
T9074-BD-GIB-010/0300 Grade HSLA100, and
T9074-BD-GIB-010/0300 Mod. Grade HSLA115,
except that any cut-to-length plate certified to one of the above
specifications, or to a military grade armor specification that
references and incorporates one of the above specifications, will
not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would
fall within the scope of this order;
(3) stainless steel plate, containing 10.5 percent or more of
chromium by weight and not more than 1.2 percent of carbon by
weight;
(4) CTL plate meeting the requirements of ASTM A-829, Grade E
4340 that are over 305 mm in actual thickness;
(5) Alloy forged and rolled CTL plate greater than or equal to
152.4 mm in actual thickness meeting each of the following
requirements:
(a) Electric furnace melted, ladle refined & vacuum degassed and
having a chemical composition (expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.20,
Manganese 1.20-1.60,
Nickel not greater than 1.0,
Sulfur not greater than 0.007,
Phosphorus not greater than 0.020,
Chromium 1.0-2.5,
Molybdenum 0.35-0.80,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) With a Brinell hardness measured in all parts of the product
including mid thickness falling within one of the following ranges:
(i) 270-300 HBW,
(ii) 290-320 HBW, or
(iii) 320-350HBW;
(c) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not
exceeding 0.5, D not exceeding 1.5; and
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 2 mm flat bottom hole;
(6) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, Ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.15,
Manganese 1.20-1.50,
Nickel not greater than 0.4,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.20-1.50,
Molybdenum 0.35-0.55,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical properties:
(i) With a Brinell hardness not more than 237 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or
more and Reduction of area 35% or more; having charpy V at -75
degrees F in the longitudinal direction equal or greater than 15 ft.
lbs (single value) and equal or greater than 20 ft. lbs (average of
3 specimens) and conforming to the requirements of NACE MR01-75; or
(ii) With a Brinell hardness not less than 240 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or
more and Reduction of area 30% or more; having charpy V at -40
degrees F in the longitudinal direction equal or greater than 21 ft.
lbs (single value) and equal or greater than 31 ft. lbs (average of
3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301;
(7) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.25-0.30,
Silicon not greater than 0.25,
Manganese not greater than 0.50,
Nickel 3.0-3.5,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.0-1.5,
Molybdenum 0.6-0.9,
Vanadium 0.08 to 0.12
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding
1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not
exceeding 1.5(t) and 1.0(h);
(c) Having the following mechanical properties: A Brinell
hardness not less than 350 HBW measured in all parts of the product
including mid thickness; and having a Yield Strength of 145ksi or
more and UTS 160ksi or more, Elongation of 15% or more and Reduction
of area 35% or more; having charpy V at -40 degrees F in the
transverse direction equal or greater than 20 ft. lbs (single value)
and equal or greater than 25 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301.
At the time of the filing of the petition, there was an existing
countervailing duty order on certain cut-to-length carbon-quality
steel plate from Korea. See Final Affirmative Countervailing Duty
Determination: Certain Cut-to-Length Carbon-Quality Steel Plate From
the Republic of Korea, 64 FR 73,176 (Dep't Commerce Dec. 29, 1999),
as amended, 65 FR 6,587 (Dep't Commerce Feb. 10, 2000) (1999 Korea
CVD Order). The scope of the countervailing duty investigation with
regard to cut-to-length plate from Korea covers only (1) subject
cut-to-length plate not within the physical description of cut-to-
length carbon quality steel plate in the 1999 Korea CVD Order
regardless of producer or exporter, and (2) cut-to-length plate
produced and/or exported by those companies that were excluded or
revoked from the 1999 Korea CVD Order as of April 8, 2016. The only
revoked or excluded company is Pohang Iron and Steel Company, also
known as POSCO.
The products subject to the investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000,
7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and
7226.91.5000.
The products subject to the investigation may also enter under
the following HTSUS
[[Page 63171]]
item numbers: 7208.40.6060, 7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000,
7211.19.4500, 7211.19.6000, 7211.19.7590, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.10.0000,
7214.30.0010, 7214.30.0080, 7214.91.0015, 7214.91.0060,
7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010,
7225.99.0090, 7226.11.1000, 7226.11.9060, 7226.19.1000,
7226.19.9000, 7226.91.0500, 7226.91.1530, 7226.91.1560,
7226.91.2530, 7226.91.2560, 7226.91.7000, 7226.91.8000, and
7226.99.0180.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Use of Facts Otherwise Available
VIII. Subsidies Valuation
IX. Analysis of Programs
X. ITC Notification
XI. Disclosure and Public Comment
XII. Verification
XIII. Conclusion
[FR Doc. 2016-21997 Filed 9-13-16; 8:45 am]
BILLING CODE 3510-DS-P