Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil, South Africa, and the Republic of Turkey: Affirmative Preliminary Determinations of Sales at Less Than Fair Value, 65337-65341 [2016-22885]

Download as PDF Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Notices migrant populations, complex households, rural populations, and population segments with limited access to technology. The Committee also advises on data privacy and confidentiality, among other issues. All meetings are open to the public. A brief period will be set aside at the meeting for public comment on October 3. Individuals with extensive questions or statements must submit them in writing to: census.national.advisory.committee@ census.gov (subject line ‘‘October 3, 2016 NAC Virtual Meeting Public Comment’’), or by letter submission to the Committee Liaison Officer, Department of Commerce, U.S. Census Bureau, Room 8H179, 4600 Silver Hill Road, Washington, DC 20233. Dated: September 13, 2016. John H. Thompson, Director, Bureau of the Census. [FR Doc. 2016–22783 Filed 9–21–16; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S–103–2016] asabaliauskas on DSK3SPTVN1PROD with NOTICES International Trade Administration [A–351–847, A–791–822, A–489–828] Certain Carbon and Alloy Steel Cut-toLength Plate From Brazil, South Africa, and the Republic of Turkey: Affirmative Preliminary Determinations of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (the Department) preliminarily determines that imports of Certain Carbon and Alloy Steel Cut-to-Length Plate (CTL plate) from Brazil, South Africa, and the Republic of Turkey (Turkey) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) for these investigations is April 1, 2015, through March 31, 2016. The estimated margins of sales at LTFV are shown in the ‘‘Preliminary Determinations’’ section of this notice. Interested parties are invited to comment on these preliminary determinations. AGENCY: Effective September 22, 2016. FOR FURTHER INFORMATION CONTACT: Mark Kennedy at (202) 482–7883 (Brazil); Julia Hancock or Susan Pulongbarit at (202) 482–1394 or (202) 482–4031, respectively (South Africa); or Dmitry Vladimirov at (202) 482–0665 (Turkey), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: DATES: Approval of Subzone Status; Michaels Stores Procurement Company, Inc., Hazleton, Pennsylvania On July 26, 2016, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the Eastern Distribution Center, Inc., grantee of FTZ 24, requesting subzone status subject to the existing activation limit of FTZ 24, on behalf of Michaels Stores Procurement Company, Inc., in Hazleton, Pennsylvania. The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (81 FR 49927–49928, July 29, 2016). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR 400.36(f)), the application to establish Subzone 24D is approved, subject to the FTZ Act and the Board’s regulations, including Section 400.13, and further subject to FTZ 24’s 2,000-acre activation limit. Dated: September 15, 2016. Andrew McGilvray, Executive Secretary. [FR Doc. 2016–22880 Filed 9–21–16; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 DEPARTMENT OF COMMERCE 18:58 Sep 21, 2016 Jkt 238001 Background The Department published the notice of initiation of these investigations on May 5, 2016.1 Companhia Siderurgica Nacional (CSN) and Usinas Siderurgicas de Minas Gerais SA (Usiminas) are the mandatory respondents in the investigation covering CTL plate from Brazil; Evraz Highveld Steel and Vanadium Corp. (Evraz Highveld) is the mandatory respondent in the investigation covering CTL plate from ˘ South Africa; and Eregli Demir ve Celik ¸ Fabrikalari T.A.S. (Erdemir) is the ¸ mandatory respondent in the 1 See Certain Carbon and Alloy Steel Cut-ToLength 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) (Initiation Notice). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 65337 investigation covering CTL plate from Turkey. For a complete description of the events that followed the initiation of these investigations, see the Preliminary Decision Memorandum dated concurrently with these determinations and hereby adopted by this notice.2 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is made available to the public 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 to all parties in the Department’s Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http:// enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical. Scope of the Investigations The products covered by these investigations are CTL plate. For a full description of the scope of these investigations, see the ‘‘Scope of the Investigations,’’ in Appendix I of this notice. Scope Comments In accordance with the Preamble to the Department’s regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).4 Certain interested parties commented on the scope of these investigations 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 records of these investigations, and a discussion and analysis of all comments timely received, see the Department’s Preliminary Scope Decision 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance ‘‘Decision Memorandum for the Preliminary Determinations in the Less-Than-FairValue Investigations of Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil, South Africa, and the Republic of Turkey,’’ dated concurrently with this notice (Preliminary Decision Memorandum). 3 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 4 See Initiation Notice, 81 FR at 27089. E:\FR\FM\22SEN1.SGM 22SEN1 65338 Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Notices Memorandum.5 The Department is preliminarily modifying the scope language as it appeared in the Initiation Notice to clarify the exclusion for stainless steel plate. The Department is also correcting two tariff numbers that were misidentified in the Petitions and in the Initiation Notice.6 Methodology The Department is conducting these investigations in accordance with section 731 of the Tariff Act of 1930, as amended (the Act). Pursuant to section 776(a) of the Act, the Department preliminarily relied upon facts otherwise available to assign an estimated weighted-average dumping margin to the mandatory respondents in these three investigations, because none of the respondents submitted a response to the Department’s questionnaire.7 Further, the Department is preliminarily determining that these mandatory respondents failed to cooperate by not acting to the best of their ability to comply with a request for information and applying adverse facts available (AFA) to these respondents, in accordance with section 776(b) of Act. For a full description of the methodology underlying our preliminary determinations, see Preliminary Decision Memorandum. asabaliauskas on DSK3SPTVN1PROD with NOTICES Critical Circumstances On July 26, 2016, the petitioners 8 filed timely critical circumstances allegations, pursuant to section 733(e)(1) of the Act and 19 CFR 351.206(c)(1), alleging that critical circumstances exist with respect to imports of the subject merchandise from, among other countries, Brazil and Turkey.9 The 5 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, the Republic of South Africa, Taiwan, and Turkey: Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated September 6, 2016 (Preliminary Scope Decision Memorandum). 6 Id. 7 See Letter from CSN, ‘‘Carbon and Alloy Steel Cut-To-Length Plate from Brazil,’’ dated July 14, 2016; See Letter from Usiminas, ‘‘Carbon and Alloy Steel Cut-To-Length Plate from Brazil; Questionnaire Response,’’ dated July 14, 2016; see also Letter from Erdemir, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from Turkey: Erdemir notification of intent not to participate,’’ dated June 24, 2016; see also Memorandum to File regarding, ‘‘Placing Federal Express Documents on the Record,’’ dated concurrently with this notice. 8 ArcelorMittal USA LLC, Nucor Corporation, and SSAB Enterprises, LLC (collectively, the petitioners). 9 See Letter from the petitioners, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and VerDate Sep<11>2014 18:58 Sep 21, 2016 Jkt 238001 petitioners did not file a critical circumstances allegation with respect to South Africa. Section 733(e)(1) of the Act provides that the Department will preliminarily determine that critical circumstances exist in a LTFV investigation if there is a reasonable basis to believe or suspect that: (A) There is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise, or the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value and that there was likely to be material injury by reason of such sales; and (B) there have been massive imports of the subject merchandise over a relatively short period. On September 7, 2016, we published our preliminarily determination that critical circumstances exist with respect to imports of CTL plate exported from Brazil and Turkey.10 All-Others Rate Section 733(d)(1)(A)(ii) of the Act provides that in the preliminary determination the Department shall determine an estimated ‘‘all-others’’ rate for all exporters and producers not individually investigated, in accordance with section 735(c)(5) of the Act. Section 735(c)(5)(A) of the Act states that generally the estimated rate for allothers shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. The estimated weighted-average dumping margins in these preliminary determinations were calculated entirely under section 776 of the Act. In cases where no weightedaverage dumping margins other than zero, de minimis, or those determined entirely under section 776 of the Act have been established for individually examined entities, in accordance with section 735(c)(5)(B) of the Act, the Department averages the margins calculated in the petition and applies the result to ‘‘all-other’’ entities not individually examined. Turkey: Critical Circumstances Allegations,’’ dated July 26, 2016. 10 See Antidumping Duty Investigations of Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey: Preliminary Determinations of Critical Circumstances, 81 FR 61666 (September 7, 2016). PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 With respect to Brazil, in the Petitions,11 the petitioners calculated only one margin. Therefore, for the allothers rate in the investigation covering CTL plate from Brazil, we preliminarily assigned the only margin calculated for subject merchandise from Brazil in the Petitions, as recalculated for the purposes of initiation, which is 74.52 percent.12 With respect to South Africa, in the Petitions,13 the petitioners calculated two margins.14 Consistent with our practice, we preliminarily assigned as the ‘‘all-others’’ rate in the investigation covering CTL plate from South Africa the simple average of the two dumping margins calculated for subject merchandise from South Africa provided in the Petitions, which is 87.72 percent.15 With respect to Turkey, in the Petitions,16 the petitioners calculated two margins. Consistent with our practice, we preliminarily assigned as the ‘‘all-others’’ rate in the investigation covering CTL plate from Turkey the simple average of the two dumping margins calculated for subject merchandise from Turkey provided in the Petitions, which is 42.02 percent.17 Preliminary Determinations The Department preliminarily determines that the following weightedaverage dumping margins exist: 11 See Letter to the Secretary of Commerce from the 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—Petitions for the Imposition of Antidumping and Countervailing Duties’’ (April 8, 2016) (the Petitions) at Volume III. See also, AD Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil (April 28, 2016) (in which the petition margin was recalculated for purposes of initiation). 12 See Certain Oil Country Tubular Goods From Thailand: Preliminary Determination of Sales at Less Than Fair Value, and Postponement of Final Determination, 79 FR 10487 (February 25, 2014), and accompanying Preliminary Decision Memorandum, unchanged in Certain Oil Country Tubular Goods From India, the Republic of Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular Goods From the Socialist Republic of Vietnam: Amended Final Determination of Sales at Less Than Fair Value, 79 FR 53691 (September 10, 2014). 13 See the Petitions at Volume X. 14 Id. 15 Id.; see also Certain Polyethylene Terephthalate (PET) Resin from India: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 81 FR 13327 (March 14, 2016) (PET Resin from India Final Determination) and accompanying Issues and Decision Memorandum at Comment 14. 16 See the Petitions at Volume XII. 17 Id.; PET Resin from India Final Determination at Comment 14. E:\FR\FM\22SEN1.SGM 22SEN1 Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Notices Exporter/producer Weighted average margin (percent) indicated in the charts above.18 These suspension of liquidation instructions will remain in effect until further notice. Verification Brazil Companhia Siderurgica Nacional ............................ Usinas Siderurgicas de Minas Gerais SA ............... All Others .............................. 74.52 74.52 74.52 Because the mandatory respondents in these investigations did not provide the information requested, the Department will not conduct verifications. Disclosure South Africa Normally, the Department discloses to interested parties the calculations 94.14 performed in connection with a 87.72 preliminary determination within five days after public announcement of the Turkey preliminary determination in ˘ accordance with 19 CFR 351.224(b). Eregli Demir ve Celik ¸ Fabrikalari T.A.S ............... 50.00 Because the Department preliminarily ¸ All Others .............................. 42.02 applied AFA to each of the mandatory respondents in these investigations, in Suspension of Liquidation accordance with section 776 of the Act, there are no calculations to disclose. In accordance with section 733(d)(2) Public Comment of the Act, we will direct U.S. Customs and Border Protection (CBP) to suspend Interested parties are invited to liquidation of all entries of CTL plate from Brazil, South Africa and Turkey, as comment on these preliminary determinations no later than 30 days described in the ‘‘Scope of the after the date of publication of these Investigations’’ in Appendix I, entered, preliminary determinations.19 Rebuttal or withdrawn from warehouse, for briefs, limited to issues raised in case consumption on or after the date of publication of this notice in the Federal briefs, may be submitted no later than five days after the deadline date for case Register. Further, section 733(e)(2) of briefs.20 Pursuant to 19 CFR the Act provides that, given an 351.309(c)(2) and (d)(2), parties who affirmative determination of critical submit case briefs or rebuttal briefs in circumstances, any suspension of these proceedings are encouraged to liquidation shall apply to unliquidated submit with each argument: (1) A entries of merchandise entered, or statement of the issue; (2) a brief withdrawn from warehouse, for summary of the argument; and (3) a consumption on or after the later of: (a) table of authorities. The date which is 90 days before the In its Preliminary Scope Decision date on which the suspension of Memorandum, the Department liquidation was first ordered; or (b) the date on which notice of initiation of the established separate deadlines for interested parties to provide comments investigation was published. On on scope issues.21 Specifically, case September 7, 2016, we published our preliminarily determination that critical briefs on scope issues may be submitted circumstances exist for imports from all no later than 30 days after the publication of the preliminary producers and exporters of CTL plate countervailing duty determinations for from Brazil and Turkey. In accordance CTL plate from China and Korea in the with 733(e)(2)(A), suspension of liquidation of CTL plate from Brazil and Federal Register. Rebuttal scope briefs, Turkey as described in the ‘‘Scope of the limited to issues raised in the scope case briefs, may be submitted no later than investigations’’ in Appendix I, shall five days after the deadline for the scope apply to unliquidated entries of case briefs. Parties should limit any merchandise from all producers in Brazil and Turkey, that are entered, or 18 See Modification of Regulations Regarding the withdrawn from warehouse, for Practice of Accepting Bonds During the Provisional consumption on or after the date which Measures Period in Antidumping and is 90 days before the publication of this Countervailing Duty Investigations, 76 FR 61042 notice, the date suspension of (October 3, 2011). 19 See 19 CFR 351.309(c)(1)(i); see also 19 CFR liquidation is first ordered. At such 351.303 (for general filing requirements). time, we will also instruct CBP, 20 See 19 CFR 351.309(d); see also 19 CFR 351.303 pursuant to section 733 (d)(1)(B) of the (for general filing requirements). Act and 19 CFR 351.205(d), to require 21 See Preliminary Scope Decision Memorandum a cash deposit equal to the margins at page 15. asabaliauskas on DSK3SPTVN1PROD with NOTICES Evraz Highveld Steel and Vanadium Corp ................. All Others .............................. VerDate Sep<11>2014 18:58 Sep 21, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 65339 comments on scope issues to their scope case brief and rebuttal scope brief. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, within 30 days after the date of publication of this notice.22 Requests should contain the party’s name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. U.S. International Trade Commission Notification In accordance with section 733(f) of the Act, we are notifying the U.S. International Trade Commission (ITC) of our affirmative preliminary determinations of sales at LTFV. If our final determinations are affirmative, the ITC will determine before the later of 120 days after the date of these preliminary determinations or 45 days after our final determinations whether these imports are materially injuring, or threaten material injury to, the U.S. industry. These determinations are issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: September 15, 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 22 See E:\FR\FM\22SEN1.SGM 19 CFR 351.310(c). 22SEN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 65340 Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Notices 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 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 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 these investigations if performed in the country of manufacture of the cut-tolength 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, VerDate Sep<11>2014 18:58 Sep 21, 2016 Jkt 238001 • 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, PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 • 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 E:\FR\FM\22SEN1.SGM 22SEN1 Federal Register / Vol. 81, No. 184 / Thursday, September 22, 2016 / Notices (single value) and equal or greater than 25 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578–S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. The products subject to these 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 these 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, 7214.10.0000, 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 these investigations is dispositive. Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigations IV. Scope of the Investigations V. Scope Comments VI. Application of Facts Available and Use of Adverse Inference, and Calculation of All-Others Rate VII. Critical Circumstances VIII. Verification IX. Conclusion [FR Doc. 2016–22885 Filed 9–21–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration asabaliauskas on DSK3SPTVN1PROD with NOTICES [A–570–952; A–583–844; C–570–953] Narrow Woven Ribbons With Woven Selvedge From the People’s Republic of China and Taiwan: Continuation of Antidumping Duty Orders and Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of AGENCY: VerDate Sep<11>2014 18:58 Sep 21, 2016 Jkt 238001 Commerce (the ‘‘Department’’) and the International Trade Commission (the ‘‘ITC’’) that revocation of the antidumping duty (‘‘AD’’) orders on narrow woven ribbons with woven selvedge (‘‘NWRs’’) from the People’s Republic of China (‘‘PRC’’) and Taiwan and the countervailing duty (‘‘CVD’’) order on NWRs from the PRC would likely lead to a continuation or recurrence of dumping and countervailable subsidies and material injury to an industry in the United States, the Department is publishing this notice of continuation of the AD orders and the CVD order. DATES: Effective September 22, 2016. FOR FURTHER INFORMATION CONTACT: Robert Galantucci (202–482–2923) or Toby Vandall (202–482–1664), 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: Background On August 3, 2015, the Department initiated 1 and the ITC instituted 2 fiveyear (sunset) reviews of the AD orders on NWRs from the PRC and Taiwan, and the CVD order on NWRs from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). The Department conducted expedited sunset reviews of these orders. As a result of its reviews, the Department determined that revocation of the AD orders on NWRs from the PRC and Taiwan would likely lead to continuation or recurrence of dumping, and that revocation of the CVD order would likely lead to continuation or recurrence of countervailable subsidies.3 The Department, therefore, notified the ITC of the magnitude of the dumping margins and net countervailable subsidy rates likely to prevail should the AD orders and the CVD order be revoked.4 On September 15, 2016, the ITC published its determination, pursuant to sections 751(c) and 752 of the Act, that revocation of the AD orders on NWRs 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 45945 (August 3, 2015). 2 See Narrow Woven Ribbons With Woven Selvedge From China and Taiwan; Institution of Five-Year Reviews, 80 FR 46048 (August 3, 2015). 3 See Narrow Woven Ribbons With Woven Selvedge From the People’s Republic of China and Taiwan: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 80 FR 76266 (December 8, 2015); Narrow Woven Ribbons With Woven Selvedge From the People’s Republic of China: Final Results of Expedited Sunset Review of the Countervailing Duty Order, 80 FR 75967 (December 7, 2015). 4 Id. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 65341 from the PRC and Taiwan, and the CVD order on NWRs from the PRC, would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 Scope of the Orders The merchandise covered by the scope of the orders is narrow woven ribbons with woven selvedge, in any length, but with a width (measured at the narrowest span of the ribbon) less than or equal to 12 centimeters, composed of, in whole or in part, manmade fibers (whether artificial or synthetic, including but not limited to nylon, polyester, rayon, polypropylene, and polyethylene teraphthalate), metal threads and/or metalized yarns, or any combination thereof. Narrow woven ribbons subject to the orders may: • Also include natural or other nonman-made fibers; • be of any color, style, pattern, or weave construction, including but not limited to single-faced satin, doublefaced satin, grosgrain, sheer, taffeta, twill, jacquard, or a combination of two or more colors, styles, patterns, and/or weave constructions; • have been subjected to, or composed of materials that have been subjected to, various treatments, including but not limited to dyeing, printing, foil stamping, embossing, flocking, coating, and/or sizing; • have embellishments, including but ´ not limited to applique, fringes, embroidery, buttons, glitter, sequins, laminates, and/or adhesive backing; • have wire and/or monofilament in, on, or along the longitudinal edges of the ribbon; • have ends of any shape or dimension, including but not limited to straight ends that are perpendicular to the longitudinal edges of the ribbon, tapered ends, flared ends or shaped ends, and the ends of such woven ribbons may or may not be hemmed; • have longitudinal edges that are straight or of any shape, and the longitudinal edges of such woven ribbon may or may not be parallel to each other; • consist of such ribbons affixed to like ribbon and/or cut-edge woven ribbon, a configuration also known as an ‘‘ornamental trimming;’’ • be wound on spools; attached to a card; hanked (i.e., coiled or bundled); packaged in boxes, trays or bags; or configured as skeins, balls, bateaus or folds; and/or 5 See Narrow Woven Ribbons With Woven Selvedge From China and Taiwan, 81 FR 63494 (September 15, 2016). E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[Federal Register Volume 81, Number 184 (Thursday, September 22, 2016)]
[Notices]
[Pages 65337-65341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22885]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-847, A-791-822, A-489-828]


Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil, 
South Africa, and the Republic of Turkey: Affirmative Preliminary 
Determinations of Sales at Less Than Fair Value

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

SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that imports of Certain Carbon and Alloy Steel Cut-to-Length 
Plate (CTL plate) from Brazil, South Africa, and the Republic of Turkey 
(Turkey) are being, or are likely to be, sold in the United States at 
less than fair value (LTFV). The period of investigation (POI) for 
these investigations is April 1, 2015, through March 31, 2016. The 
estimated margins of sales at LTFV are shown in the ``Preliminary 
Determinations'' section of this notice. Interested parties are invited 
to comment on these preliminary determinations.

DATES: Effective September 22, 2016.

FOR FURTHER INFORMATION CONTACT: Mark Kennedy at (202) 482-7883 
(Brazil); Julia Hancock or Susan Pulongbarit at (202) 482-1394 or (202) 
482-4031, respectively (South Africa); or Dmitry Vladimirov at (202) 
482-0665 (Turkey), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION: 

Background

    The Department published the notice of initiation of these 
investigations on May 5, 2016.\1\ Companhia Siderurgica Nacional (CSN) 
and Usinas Siderurgicas de Minas Gerais SA (Usiminas) are the mandatory 
respondents in the investigation covering CTL plate from Brazil; Evraz 
Highveld Steel and Vanadium Corp. (Evraz Highveld) is the mandatory 
respondent in the investigation covering CTL plate from South Africa; 
and Ere[gbreve]li Demir ve [Ccedil]elik Fabrikalari T.A.[Scedil]. 
(Erdemir) is the mandatory respondent in the investigation covering CTL 
plate from Turkey. For a complete description of the events that 
followed the initiation of these investigations, see the Preliminary 
Decision Memorandum dated concurrently with these determinations and 
hereby adopted by this notice.\2\ A list of topics included in the 
Preliminary Decision Memorandum is included as Appendix II to this 
notice. The Preliminary Decision Memorandum is a public document and is 
made available to the public 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 to all parties in the Department's Central 
Records Unit, Room B8024 of the main Department of Commerce building. 
In addition, a complete version of the Preliminary Decision Memorandum 
can be found at http://enforcement.trade.gov/frn/. The signed and the 
electronic versions of the Preliminary Decision Memorandum are 
identical.
---------------------------------------------------------------------------

    \1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate From 
Austria, Belgium, Brazil, France, the Federal Republic of Germany, 
Italy, Japan, the Republic of Korea, the People's Republic of China, 
South Africa, Taiwan, and the Republic of Turkey: Initiation of 
Less-Than-Fair-Value Investigations, 81 FR 27089 (May 5, 2016) 
(Initiation Notice).
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
``Decision Memorandum for the Preliminary Determinations in the 
Less-Than-Fair-Value Investigations of Certain Carbon and Alloy 
Steel Cut-to-Length Plate from Brazil, South Africa, and the 
Republic of Turkey,'' dated concurrently with this notice 
(Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Investigations

    The products covered by these investigations are CTL plate. For a 
full description of the scope of these investigations, see the ``Scope 
of the Investigations,'' in Appendix I of this notice.

Scope Comments

    In accordance with the Preamble to the Department's regulations,\3\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\4\ Certain interested 
parties commented on the scope of these investigations 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 records of these investigations, 
and a discussion and analysis of all comments timely received, see the 
Department's Preliminary Scope Decision

[[Page 65338]]

Memorandum.\5\ The Department is preliminarily modifying the scope 
language as it appeared in the Initiation Notice to clarify the 
exclusion for stainless steel plate. The Department is also correcting 
two tariff numbers that were misidentified in the Petitions and in the 
Initiation Notice.\6\
---------------------------------------------------------------------------

    \3\ See Antidumping Duties; Countervailing Duties, 62 FR 27296, 
27323 (May 19, 1997) (Preamble).
    \4\ See Initiation Notice, 81 FR at 27089.
    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria, 
Belgium, Brazil, the People's Republic of China, France, the Federal 
Republic of Germany, Italy, Japan, the Republic of Korea, the 
Republic of South Africa, Taiwan, and Turkey: Scope Comments 
Decision Memorandum for the Preliminary Determinations,'' dated 
September 6, 2016 (Preliminary Scope Decision Memorandum).
    \6\ Id.
---------------------------------------------------------------------------

Methodology

    The Department is conducting these investigations in accordance 
with section 731 of the Tariff Act of 1930, as amended (the Act). 
Pursuant to section 776(a) of the Act, the Department preliminarily 
relied upon facts otherwise available to assign an estimated weighted-
average dumping margin to the mandatory respondents in these three 
investigations, because none of the respondents submitted a response to 
the Department's questionnaire.\7\ Further, the Department is 
preliminarily determining that these mandatory respondents failed to 
cooperate by not acting to the best of their ability to comply with a 
request for information and applying adverse facts available (AFA) to 
these respondents, in accordance with section 776(b) of Act. For a full 
description of the methodology underlying our preliminary 
determinations, see Preliminary Decision Memorandum.
---------------------------------------------------------------------------

    \7\ See Letter from CSN, ``Carbon and Alloy Steel Cut-To-Length 
Plate from Brazil,'' dated July 14, 2016; See Letter from Usiminas, 
``Carbon and Alloy Steel Cut-To-Length Plate from Brazil; 
Questionnaire Response,'' dated July 14, 2016; see also Letter from 
Erdemir, ``Certain Carbon and Alloy Steel Cut-to-Length Plate from 
Turkey: Erdemir notification of intent not to participate,'' dated 
June 24, 2016; see also Memorandum to File regarding, ``Placing 
Federal Express Documents on the Record,'' dated concurrently with 
this notice.
---------------------------------------------------------------------------

Critical Circumstances

    On July 26, 2016, the petitioners \8\ filed timely critical 
circumstances allegations, pursuant to section 733(e)(1) of the Act and 
19 CFR 351.206(c)(1), alleging that critical circumstances exist with 
respect to imports of the subject merchandise from, among other 
countries, Brazil and Turkey.\9\ The petitioners did not file a 
critical circumstances allegation with respect to South Africa.
---------------------------------------------------------------------------

    \8\ ArcelorMittal USA LLC, Nucor Corporation, and SSAB 
Enterprises, LLC (collectively, the petitioners).
    \9\ See Letter from the petitioners, ``Certain Carbon and Alloy 
Steel Cut-to-Length Plate From Austria, Belgium, Brazil, the 
Republic of Korea, Taiwan, and Turkey: Critical Circumstances 
Allegations,'' dated July 26, 2016.
---------------------------------------------------------------------------

    Section 733(e)(1) of the Act provides that the Department will 
preliminarily determine that critical circumstances exist in a LTFV 
investigation if there is a reasonable basis to believe or suspect 
that: (A) There is a history of dumping and material injury by reason 
of dumped imports in the United States or elsewhere of the subject 
merchandise, or the person by whom, or for whose account, the 
merchandise was imported knew or should have known that the exporter 
was selling the subject merchandise at less than its fair value and 
that there was likely to be material injury by reason of such sales; 
and (B) there have been massive imports of the subject merchandise over 
a relatively short period. On September 7, 2016, we published our 
preliminarily determination that critical circumstances exist with 
respect to imports of CTL plate exported from Brazil and Turkey.\10\
---------------------------------------------------------------------------

    \10\ See Antidumping Duty Investigations of Certain Carbon and 
Alloy Steel Cut-to-Length Plate From Austria, Belgium, Brazil, the 
Republic of Korea, Taiwan, and Turkey: Preliminary Determinations of 
Critical Circumstances, 81 FR 61666 (September 7, 2016).
---------------------------------------------------------------------------

All-Others Rate

    Section 733(d)(1)(A)(ii) of the Act provides that in the 
preliminary determination the Department shall determine an estimated 
``all-others'' rate for all exporters and producers not individually 
investigated, in accordance with section 735(c)(5) of the Act. Section 
735(c)(5)(A) of the Act states that generally the estimated rate for 
all-others shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero and de 
minimis margins, and any margins determined entirely under section 776 
of the Act. The estimated weighted-average dumping margins in these 
preliminary determinations were calculated entirely under section 776 
of the Act. In cases where no weighted-average dumping margins other 
than zero, de minimis, or those determined entirely under section 776 
of the Act have been established for individually examined entities, in 
accordance with section 735(c)(5)(B) of the Act, the Department 
averages the margins calculated in the petition and applies the result 
to ``all-other'' entities not individually examined.
    With respect to Brazil, in the Petitions,\11\ the petitioners 
calculated only one margin. Therefore, for the all-others rate in the 
investigation covering CTL plate from Brazil, we preliminarily assigned 
the only margin calculated for subject merchandise from Brazil in the 
Petitions, as recalculated for the purposes of initiation, which is 
74.52 percent.\12\
---------------------------------------------------------------------------

    \11\ See Letter to the Secretary of Commerce from the 
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--Petitions for the 
Imposition of Antidumping and Countervailing Duties'' (April 8, 
2016) (the Petitions) at Volume III. See also, AD Investigation 
Initiation Checklist: Certain Carbon and Alloy Steel Cut-to-Length 
Plate from Brazil (April 28, 2016) (in which the petition margin was 
recalculated for purposes of initiation).
    \12\ See Certain Oil Country Tubular Goods From Thailand: 
Preliminary Determination of Sales at Less Than Fair Value, and 
Postponement of Final Determination, 79 FR 10487 (February 25, 
2014), and accompanying Preliminary Decision Memorandum, unchanged 
in Certain Oil Country Tubular Goods From India, the Republic of 
Korea, Taiwan, the Republic of Turkey, and the Socialist Republic of 
Vietnam: Antidumping Duty Orders; and Certain Oil Country Tubular 
Goods From the Socialist Republic of Vietnam: Amended Final 
Determination of Sales at Less Than Fair Value, 79 FR 53691 
(September 10, 2014).
---------------------------------------------------------------------------

    With respect to South Africa, in the Petitions,\13\ the petitioners 
calculated two margins.\14\ Consistent with our practice, we 
preliminarily assigned as the ``all-others'' rate in the investigation 
covering CTL plate from South Africa the simple average of the two 
dumping margins calculated for subject merchandise from South Africa 
provided in the Petitions, which is 87.72 percent.\15\
---------------------------------------------------------------------------

    \13\ See the Petitions at Volume X.
    \14\ Id.
    \15\ Id.; see also Certain Polyethylene Terephthalate (PET) 
Resin from India: Final Determination of Sales at Less Than Fair 
Value and Final Affirmative Determination of Critical Circumstances, 
81 FR 13327 (March 14, 2016) (PET Resin from India Final 
Determination) and accompanying Issues and Decision Memorandum at 
Comment 14.
---------------------------------------------------------------------------

    With respect to Turkey, in the Petitions,\16\ the petitioners 
calculated two margins. Consistent with our practice, we preliminarily 
assigned as the ``all-others'' rate in the investigation covering CTL 
plate from Turkey the simple average of the two dumping margins 
calculated for subject merchandise from Turkey provided in the 
Petitions, which is 42.02 percent.\17\
---------------------------------------------------------------------------

    \16\ See the Petitions at Volume XII.
    \17\ Id.; PET Resin from India Final Determination at Comment 
14.
---------------------------------------------------------------------------

Preliminary Determinations

    The Department preliminarily determines that the following 
weighted-average dumping margins exist:

[[Page 65339]]



------------------------------------------------------------------------
                                                             Weighted
                    Exporter/producer                     average margin
                                                             (percent)
------------------------------------------------------------------------
                                 Brazil
------------------------------------------------------------------------
Companhia Siderurgica Nacional..........................           74.52
Usinas Siderurgicas de Minas Gerais SA..................           74.52
All Others..............................................           74.52
------------------------------------------------------------------------
                              South Africa
------------------------------------------------------------------------
Evraz Highveld Steel and Vanadium Corp..................           94.14
All Others..............................................           87.72
------------------------------------------------------------------------
                                 Turkey
------------------------------------------------------------------------
Ere[gbreve]li Demir ve [Ccedil]elik Fabrikalari                    50.00
 T.A.[Scedil]...........................................
All Others..............................................           42.02
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (CBP) to suspend liquidation of all 
entries of CTL plate from Brazil, South Africa and Turkey, as described 
in the ``Scope of the Investigations'' in Appendix I, entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of this notice in the Federal Register. Further, section 
733(e)(2) of the Act provides that, given an affirmative determination 
of critical circumstances, any suspension of liquidation shall apply to 
unliquidated entries of merchandise entered, or withdrawn from 
warehouse, for consumption on or after the later of: (a) The date which 
is 90 days before the date on which the suspension of liquidation was 
first ordered; or (b) the date on which notice of initiation of the 
investigation was published. On September 7, 2016, we published our 
preliminarily determination that critical circumstances exist for 
imports from all producers and exporters of CTL plate from Brazil and 
Turkey. In accordance with 733(e)(2)(A), suspension of liquidation of 
CTL plate from Brazil and Turkey as described in the ``Scope of the 
investigations'' in Appendix I, shall apply to unliquidated entries of 
merchandise from all producers in Brazil and Turkey, that are entered, 
or withdrawn from warehouse, for consumption on or after the date which 
is 90 days before the publication of this notice, the date suspension 
of liquidation is first ordered. At such time, we will also instruct 
CBP, pursuant to section 733 (d)(1)(B) of the Act and 19 CFR 
351.205(d), to require a cash deposit equal to the margins indicated in 
the charts above.\18\ These suspension of liquidation instructions will 
remain in effect until further notice.
---------------------------------------------------------------------------

    \18\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042 
(October 3, 2011).
---------------------------------------------------------------------------

Verification

    Because the mandatory respondents in these investigations did not 
provide the information requested, the Department will not conduct 
verifications.

Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary determination 
within five days after public announcement of the preliminary 
determination in accordance with 19 CFR 351.224(b). Because the 
Department preliminarily applied AFA to each of the mandatory 
respondents in these investigations, in accordance with section 776 of 
the Act, there are no calculations to disclose.

Public Comment

    Interested parties are invited to comment on these preliminary 
determinations no later than 30 days after the date of publication of 
these preliminary determinations.\19\ Rebuttal briefs, limited to 
issues raised in case briefs, may be submitted no later than five days 
after the deadline date for case briefs.\20\ Pursuant to 19 CFR 
351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal 
briefs in these proceedings are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.309(c)(1)(i); see also 19 CFR 351.303 (for 
general filing requirements).
    \20\ See 19 CFR 351.309(d); see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    In its Preliminary Scope Decision Memorandum, the Department 
established separate deadlines for interested parties to provide 
comments on scope issues.\21\ Specifically, case briefs on scope issues 
may be submitted no later than 30 days after the publication of the 
preliminary countervailing duty determinations for CTL plate from China 
and Korea in the Federal Register. Rebuttal scope briefs, limited to 
issues raised in the scope case briefs, may be submitted no later than 
five days after the deadline for the scope case briefs. Parties should 
limit any comments on scope issues to their scope case brief and 
rebuttal scope brief.
---------------------------------------------------------------------------

    \21\ See Preliminary Scope Decision Memorandum at page 15.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce. All documents 
must be filed electronically using ACCESS. An electronically-filed 
request must be received successfully in its entirety by ACCESS by 5:00 
p.m. Eastern Time, within 30 days after the date of publication of this 
notice.\22\ Requests should contain the party's name, address, and 
telephone number, the number of participants, and a list of the issues 
to be discussed. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW., Washington, DC 20230, at a time and date to be 
determined. Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
---------------------------------------------------------------------------

    \22\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------

U.S. International Trade Commission Notification

    In accordance with section 733(f) of the Act, we are notifying the 
U.S. International Trade Commission (ITC) of our affirmative 
preliminary determinations of sales at LTFV. If our final 
determinations are affirmative, the ITC will determine before the later 
of 120 days after the date of these preliminary determinations or 45 
days after our final determinations whether these imports are 
materially injuring, or threaten material injury to, the U.S. industry.
    These determinations are issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: September 15, 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

[[Page 65340]]

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 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 these 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 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

[[Page 65341]]

(single value) and equal or greater than 25 ft. lbs (average of 3 
specimens);
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 3.2 mm flat bottom hole; and
    (e) Conforming to magnetic particle inspection in accordance 
with AMS 2301.
    The products subject to these 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 these 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, 
7214.10.0000, 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 these 
investigations is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigations
IV. Scope of the Investigations
V. Scope Comments
VI. Application of Facts Available and Use of Adverse Inference, and 
Calculation of All-Others Rate
VII. Critical Circumstances
VIII. Verification
IX. Conclusion

[FR Doc. 2016-22885 Filed 9-21-16; 8:45 am]
 BILLING CODE 3510-DS-P