Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Preliminary Determination of Sales at Less Than Fair Value, Affirmative Determination of Critical Circumstances, and Postponement of Final Determination, 79423-79427 [2016-27304]

Download as PDF mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices (i) 270–300 HBW, (ii) 290–320 HBW, or (iii) 320–350 HBW; (c) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not exceeding 0.5, D not exceeding 1.5; and (d) Conforming to ASTM A578–S9 ultrasonic testing requirements with acceptance criteria 2 mm flat bottom hole; (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, VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 • Chromium 1.0–1.5, • Molybdenum 0.6–0.9, • Vanadium 0.08 to 0.12 • Boron 0.002–0.004, • Oxygen not greater than 20 ppm, • Hydrogen not greater than 2 ppm, and • Nitrogen not greater than 60 ppm. (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not exceeding 1.5(t) and 1.0(h); (c) Having the following mechanical properties: A Brinell hardness not less than 350 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 145ksi or more and UTS 160ksi or more, Elongation of 15% or more and Reduction of area 35% or more; having charpy V at ¥40 degrees F in the transverse direction equal or greater than 20 ft. lbs (single value) and equal or greater than 25 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578–S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. The products subject to the 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 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 1. Summary 2. Background 3. Period of Investigation 4. Preliminary Determination of Critical Circumstances 5. Postponement of Final Determination and Extension of Provisional Measures 6. Scope Comments 7. Affiliation and Collapsing 8. Discussion of the Methodology a. Determination of Comparison Method b. Results of the Differential Pricing Analysis PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 79423 9. Date of Sale 10. Product Comparisons 11. Export Price/Constructed Export Price 12. Normal Value a. Home Market Viability b. Affiliated-Party Transactions and Arm’sLength Test c. Level of Trade d. Cost of Production Analysis 1. Calculation of COP 2. Test of Comparison-Market Sales Prices 3. Results of the COP Test e. Calculation of NV Based on ComparisonMarket Prices 11. Application of Facts Available and Use of Adverse Inferences a. Use of Adverse Inference b. Application of Facts Available with an Adverse Inference c. Selection of the AFA Rate 12. Currency Conversion 13. Conclusion [FR Doc. 2016–27306 Filed 11–10–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–475–834] Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Preliminary Determination of Sales at Less Than Fair Value, Affirmative Determination of Critical Circumstances, and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) preliminarily determines that certain carbon and alloy steel cut-to-length plate (CTL plate) from Italy is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2015, through March 31, 2016. The estimated weighted-average dumping margins of sales at LTFV are shown in the ‘‘Preliminary Determination’’ section of this notice. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Effective November 14, 2016 FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Blaine Wiltse, AD/ CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4682 or (202) 482–6345, respectively. SUPPLEMENTARY INFORMATION: E:\FR\FM\14NON1.SGM 14NON1 79424 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices Background The Department initiated this investigation on April 28, 2016.1 For a complete description of the events that followed the initiation of this investigation, see the memorandum that is dated concurrently with this determination and hereby adopted by this notice.2 A list of topics 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 is available 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 accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Scope of the Investigation The product covered by this investigation is CTL plate from Italy. For a full description of the scope of this investigation, see the ‘‘Scope of the Investigation,’’ in Appendix I of this notice. mstockstill on DSK3G9T082PROD with NOTICES 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 the concurrent CTL plate investigations as it appeared in the Initiation Notice. For a summary of 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). 2 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, entitled, ‘‘Decision Memorandum for the Preliminary Determination in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy’’ (Preliminary Decision Memorandum), dated concurrently with this notice. 3 See Antidumping Duties; Countervailing Duties; Final rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 4 See Initiation Notice, 81 FR at 27090. VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 product coverage comments and rebuttal responses submitted to the records of this and the concurrent CTL plate investigations, and a discussion and analysis of all comments timely received, see the Department’s Preliminary Scope Decision Memorandum and the Department’s Additional Preliminary Scope Decision Memorandum.5 The Department has preliminarily modified the scope language as it appeared in the Initiation Notice to clarify the exclusion for stainless steel plate, corrected two tariff numbers that were misidentified in the Petitions and in the Initiation Notice, and modified language pertaining to existing steel plate and hot-rolled flatrolled steel orders.6 Methodology The Department is conducting this investigation in accordance with section 731 of the Act. Export price and, where appropriate, constructed export price are calculated in accordance with section 772 of the Tariff Act of 1930, as amended (the Act). Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum. Preliminary Affirmative Determination of Critical Circumstances, in Part On October 7, 2016, the petitioners timely filed an amendment to the petition, pursuant to section 733(e)(1) of the Act and 19 CFR 351.206(c)(2)(i), alleging that critical circumstances exist with respect to imports of subject merchandise.7 We preliminarily 5 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled, ‘‘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), and Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled, ‘‘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: Additional Scope Comments Preliminary Decision Memorandum and Extension of Deadlines for Scope Case Briefs and Scope Rebuttal Briefs,’’ dated October 13, 2016 (Additional Preliminary Scope Decision Memorandum), respectively. 6 See Preliminary Scope Decision Memorandum at 2 and 56, and Additional Preliminary Scope Decision Memorandum at 10–11 and 20. 7 See Letter from the Petitioners, entitled, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy: Critical Circumstances Allegation,’’ dated October 7, 2016. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 determine that critical circumstances do not exist for all non-individually examined companies, but do exist for NLMK Verona SpA (NVR) and Officine Tecnosider s.r.l. (OTS). Further, pursuant to sections 776(a)(1) and 776(a)(2)(A)–(D) and section 776(b) of the Act, we preliminarily find as adverse facts available (AFA) that critical circumstances do exist for Marcegaglia SpA (Marcegaglia), a nonparticipating mandatory respondent. For a full description of the methodology and results of our analysis, see the Preliminary Decision Memorandum. Adverse Facts Available Because mandatory respondent Marcegaglia failed to respond to the Department’s questionnaire, we preliminarily determine to apply AFA to this respondent, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For further discussion, see the Preliminary Decision Memorandum. All-Others Rate Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act, the Department also calculated an estimated all-others rate. Section 735(c)(5)(A) of the Act provides that the estimated all-others rate 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. In this investigation, we based our calculation of the all-others rate on the weighted-average of the margins calculated for NVR and OTS using publicly-ranged data. Because we cannot apply our normal methodology of calculating a weighted-average margin due to requests to protect business-proprietary information, we find this rate to be the best proxy of the actual weighted-average margin determined for these respondents.8 For further discussion of this calculation, see the memorandum entitled ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from Italy: Calculation of the Preliminary Margin for All Other Companies,’’ dated concurrently with this notice. Preliminary Determination The Department preliminarily determines that CTL plate from Italy is being, or is likely to be, sold in the 8 See, e.g., Welded Line Pipe From the Republic of Turkey: Final Determination of Sales at Less Than Fair Value, 80 FR 61362, 61363 (October 13, 2015). E:\FR\FM\14NON1.SGM 14NON1 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices United States at LTFV, pursuant to section 733 of the Act, and that the following estimated weighted-average dumping margins exist: Exporter/manufacturer Weighted-average dumping margin (percent) mstockstill on DSK3G9T082PROD with NOTICES NLMK Verona SpA ......... Officine Tecnosider s.r.l .. Marcegaglia SpA ............ All Others ........................ 12.53 6.10 130.63 8.34 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 subject merchandise from Italy, as described in Appendix I of this notice, which are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, except for Marcegaglia, NVR, and OTS, as described below. 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. Because we have preliminarily found that critical circumstances exist with regard to imports produced and exported by the mandatory respondents Marcegaglia, NVR, and OTS, we will instruct CBP to suspend liquidation of all entries of CTL plate from Italy, as described in the scope of the investigation, from Marcegaglia, NVR, and OTS, that are entered, or withdrawn from warehouse, for consumption on or after the date that is 90 days prior to the date on which suspension of liquidation is first ordered, e.g., the date of publication of this notice. Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we will instruct CBP to require cash deposits 9 equal to the weighted-average amount by which the NV exceeds U.S. price, as indicated in the chart above, as follows: (1) The rate for the mandatory respondents listed above will be the respondentspecific rates we determined in this preliminary determination; (2) if the exporter is not a mandatory respondent 9 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). VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 identified above, but the producer is, the rate will be the specific rate established for the producer of the subject merchandise; and (3) the rate for all other producers or exporters will be the all-others rate. These suspension of liquidation instructions will remain in effect until further notice. Disclosure We intend to disclose the calculations performed to interested parties in this proceeding within five days of the public announcement of this preliminary determination in accordance with 19 CFR 351.224(b). Verification As provided in section 782(i) of the Act, we intend to verify information relied upon in making our final determination. Public Comment Interested parties are invited to comment on this preliminary determination. Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the final verification report is issued in this proceeding, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.10 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding 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. The Department established separate deadlines for interested parties to provide comments on scope issues.11 Specifically, case briefs on scope issues were to be submitted no later than October 21, 2016. Scope rebuttal briefs, limited to issues raised in the scope case briefs, were to be submitted no later than November 1, 2016.12 The Department explained that parties should limit comments on scope issues to their scope case brief and their scope rebuttal brief.13 Thus, comments on 10 See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements). 11 See Preliminary Scope Decision Memorandum; Additional Preliminary Scope Decision Memorandum; and Memorandum to the File, entitled, ‘‘Deadlines for Submitting Scope Case Briefs and Scope Rebuttal Briefs,’’ dated October 18, 2016 (Deadline Memo for Scope Briefs); and Memorandum to the File, entitled, ‘‘Extension of Deadline for Submitting Scope Rebuttal Briefs,’’ dated October 28, 2016 (‘‘Extension Memo for Scope Rebuttal Briefs’’). 12 See Deadline Memo for Scope Briefs and Extension Memo for Scope Rebuttal Briefs. 13 See e.g. Deadline Memo for Scope Briefs. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 79425 scope issues belong in parties’ scope case briefs and scope rebuttal briefs only and not in other case briefs and rebuttal briefs submitted in this investigation. The Department intends to address parties’ scope comments in a final scope memorandum. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. 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. 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 Standard Time. Postponement of Final Determination and Extension of Provisional Measures Section 735(a)(2) of the Act provides that a final determination may be postponed until not later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. 19 CFR 351.210(e)(2) requires that requests by respondents for postponement of a final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration. OTS requested that, in the event of an affirmative preliminary determination in this investigation, the Department postpone its final determination by 135 days after publication of the preliminary determination, and agreed to extend the application of the provisional measures prescribed under section 733(d) of the Act and 19 CFR 351.210(e)(2), from a four-month period to a period not to E:\FR\FM\14NON1.SGM 14NON1 79426 Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices exceed six months.14 NVR also requested that the Department extend the deadline for the final determination and extend provisional measures.15 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because (1) our preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, we are postponing the final determination until no later than 135 days after the publication of this notice in the Federal Register and extending the provisional measures from a fourmonth period to a period not greater than six months. Accordingly, we will issue our final determination no later than 135 days after the date of publication of this preliminary determination, pursuant to section 735(a)(2) of the Act.16 International Trade Commission (ITC) Notification In accordance with section 733(f) of the Act, we are notifying the ITC of our affirmative preliminary determination of sales at LTFV. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: November 4, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. mstockstill on DSK3G9T082PROD with NOTICES 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 14 See letter from OTS, entitled, ‘‘Certain Carbon Alloy Steel Cut-to-Length Plate From Italy: Request for Postponement of the Final Determination,’’ dated October 28, 2016. 15 See letter from NVR, entitled, ‘‘NLMK Verona’s Request to Postpone Final Determination,’’ dated October 6, 2016. 16 See 19 CFR 351.210(b)(2) and (e). VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 mm, and of a thickness of not less than 4 mm, which are not in coils and without patterns in relief), and (2) hot-rolled or forged flat steel products of a thickness of 4.75 mm or more and of a width which exceeds 150 mm and measures at least twice the thickness, and which are not in coils, whether or not with patterns in relief. The covered products described above may be rectangular, square, circular or other shapes and include products of either rectangular or non-rectangular cross-section where such non-rectangular cross-section is achieved subsequent to the rolling process, i.e., products which have been ‘‘worked after rolling’’ (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above, the following rules apply: (1) Except where otherwise stated where the nominal and actual thickness or width measurements vary, a product from a given subject country is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above; and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular 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 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, PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 • 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, E:\FR\FM\14NON1.SGM 14NON1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices • 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 VerDate Sep<11>2014 17:26 Nov 10, 2016 Jkt 241001 79427 (e) Conforming to magnetic particle inspection in accordance with AMS 2301. 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 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. DEPARTMENT OF COMMERCE Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum FOR FURTHER INFORMATION CONTACT: I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Preliminary Determination of Critical Circumstances VI. Discussion of the Methodology (A) Determination of Comparison Method (B) Results of the Differential Pricing Analysis VII. Date of Sale VIII. Product Comparisons IX. Export Price/Constructed Export Price X. Normal Value (A) Home Market Viability (B) Level of Trade (C) Cost of Production (COP) Analysis 1. Cost Averaging Methodology 2. Calculation of COP 3. Test of Comparison Market Sales Prices 4. Results of the COP Test (D) Calculation of NV Based on Comparison-Market Prices (E) Price-to-Constructed Value Comparisons XI. Application of Facts Available and Use of Adverse Inference (A) Application of Facts Available (B) Use of Adverse Inference (C) Selection and Corroboration of the AFA Rate XII. Currency Conversion XIII. Conclusion [FR Doc. 2016–27304 Filed 11–10–16; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 International Trade Administration [A–588–875] Certain Carbon and Alloy Steel Cut-ToLength Plate From Japan: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) preliminarily determines that certain carbon and alloy steel cut-to-length plate (‘‘CTL plate’’) from Japan is being, or is likely to be, sold in the United States at less than fair value (‘‘LTFV’’). The period of investigation (‘‘POI’’) is April 1, 2015, through March 31, 2016. The estimated weighted-average dumping margins of sales at LTFV are shown in the ‘‘Preliminary Determination’’ section of this notice. Interested parties are invited to comment on this preliminary determination. AGENCY: DATES: Effective November 14, 2016. Kabir Archuletta, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2593. SUPPLEMENTARY INFORMATION: Background The Department initiated this investigation on April 28, 2016.1 For a complete description of the events that followed the initiation of this investigation, see the memorandum that is dated concurrently with this determination and hereby adopted by this notice.2 A list of topics 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 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’’). 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 Determination in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate From Japan’’ (‘‘Preliminary Decision Memorandum’’) dated concurrently with this notice. E:\FR\FM\14NON1.SGM 14NON1

Agencies

[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79423-79427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27304]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-834]


Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: 
Preliminary Determination of Sales at Less Than Fair Value, Affirmative 
Determination of Critical Circumstances, and Postponement of Final 
Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) preliminarily 
determines that certain carbon and alloy steel cut-to-length plate (CTL 
plate) from Italy is being, or is likely to be, sold in the United 
States at less than fair value (LTFV). The period of investigation 
(POI) is April 1, 2015, through March 31, 2016. The estimated weighted-
average dumping margins of sales at LTFV are shown in the ``Preliminary 
Determination'' section of this notice. Interested parties are invited 
to comment on this preliminary determination.

DATES: Effective November 14, 2016

FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Blaine Wiltse, AD/
CVD Operations, Office II, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-4682 or (202) 
482-6345, respectively.

SUPPLEMENTARY INFORMATION: 

[[Page 79424]]

Background

    The Department initiated this investigation on April 28, 2016.\1\ 
For a complete description of the events that followed the initiation 
of this investigation, see the memorandum that is dated concurrently 
with this determination and hereby adopted by this notice.\2\ A list of 
topics in the Preliminary Decision Memorandum is included as Appendix 
II to this notice.
---------------------------------------------------------------------------

    \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, 
entitled, ``Decision Memorandum for the Preliminary Determination in 
the Antidumping Duty Investigation of Certain Carbon and Alloy Steel 
Cut-To-Length Plate From Italy'' (Preliminary Decision Memorandum), 
dated concurrently with 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 is available 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 accessed directly on the internet at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum 
and the electronic version of the Preliminary Decision Memorandum are 
identical in content.

Scope of the Investigation

    The product covered by this investigation is CTL plate from Italy. 
For a full description of the scope of this investigation, see the 
``Scope of the Investigation,'' 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 the concurrent CTL plate 
investigations as it appeared in the Initiation Notice. For a summary 
of the product coverage comments and rebuttal responses submitted to 
the records of this and the concurrent CTL plate investigations, and a 
discussion and analysis of all comments timely received, see the 
Department's Preliminary Scope Decision Memorandum and the Department's 
Additional Preliminary Scope Decision Memorandum.\5\ The Department has 
preliminarily modified the scope language as it appeared in the 
Initiation Notice to clarify the exclusion for stainless steel plate, 
corrected two tariff numbers that were misidentified in the Petitions 
and in the Initiation Notice, and modified language pertaining to 
existing steel plate and hot-rolled flat-rolled steel orders.\6\
---------------------------------------------------------------------------

    \3\ See Antidumping Duties; Countervailing Duties; Final rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \4\ See Initiation Notice, 81 FR at 27090.
    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
entitled, ``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), and 
Memorandum to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, entitled, ``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: Additional Scope Comments 
Preliminary Decision Memorandum and Extension of Deadlines for Scope 
Case Briefs and Scope Rebuttal Briefs,'' dated October 13, 2016 
(Additional Preliminary Scope Decision Memorandum), respectively.
    \6\ See Preliminary Scope Decision Memorandum at 2 and 56, and 
Additional Preliminary Scope Decision Memorandum at 10-11 and 20.
---------------------------------------------------------------------------

Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Act. Export price and, where appropriate, 
constructed export price are calculated in accordance with section 772 
of the Tariff Act of 1930, as amended (the Act). Normal value (NV) is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our preliminary conclusions, 
see the Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances, in 
Part

    On October 7, 2016, the petitioners timely filed an amendment to 
the petition, pursuant to section 733(e)(1) of the Act and 19 CFR 
351.206(c)(2)(i), alleging that critical circumstances exist with 
respect to imports of subject merchandise.\7\ We preliminarily 
determine that critical circumstances do not exist for all non-
individually examined companies, but do exist for NLMK Verona SpA (NVR) 
and Officine Tecnosider s.r.l. (OTS). Further, pursuant to sections 
776(a)(1) and 776(a)(2)(A)-(D) and section 776(b) of the Act, we 
preliminarily find as adverse facts available (AFA) that critical 
circumstances do exist for Marcegaglia SpA (Marcegaglia), a non-
participating mandatory respondent. For a full description of the 
methodology and results of our analysis, see the Preliminary Decision 
Memorandum.
---------------------------------------------------------------------------

    \7\ See Letter from the Petitioners, entitled, ``Certain Carbon 
and Alloy Steel Cut-to-Length Plate From Italy: Critical 
Circumstances Allegation,'' dated October 7, 2016.
---------------------------------------------------------------------------

Adverse Facts Available

    Because mandatory respondent Marcegaglia failed to respond to the 
Department's questionnaire, we preliminarily determine to apply AFA to 
this respondent, in accordance with sections 776(a) and (b) of the Act 
and 19 CFR 351.308. For further discussion, see the Preliminary 
Decision Memorandum.

All-Others Rate

    Consistent with sections 733(d)(1)(A)(ii) and 735(c)(5) of the Act, 
the Department also calculated an estimated all-others rate. Section 
735(c)(5)(A) of the Act provides that the estimated all-others rate 
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.
    In this investigation, we based our calculation of the all-others 
rate on the weighted-average of the margins calculated for NVR and OTS 
using publicly-ranged data. Because we cannot apply our normal 
methodology of calculating a weighted-average margin due to requests to 
protect business-proprietary information, we find this rate to be the 
best proxy of the actual weighted-average margin determined for these 
respondents.\8\ For further discussion of this calculation, see the 
memorandum entitled ``Certain Carbon and Alloy Steel Cut-to-Length 
Plate from Italy: Calculation of the Preliminary Margin for All Other 
Companies,'' dated concurrently with this notice.
---------------------------------------------------------------------------

    \8\ See, e.g., Welded Line Pipe From the Republic of Turkey: 
Final Determination of Sales at Less Than Fair Value, 80 FR 61362, 
61363 (October 13, 2015).
---------------------------------------------------------------------------

Preliminary Determination

    The Department preliminarily determines that CTL plate from Italy 
is being, or is likely to be, sold in the

[[Page 79425]]

United States at LTFV, pursuant to section 733 of the Act, and that the 
following estimated weighted-average dumping margins exist:

------------------------------------------------------------------------
                                                        Weighted-average
                Exporter/manufacturer                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
NLMK Verona SpA......................................              12.53
Officine Tecnosider s.r.l............................               6.10
Marcegaglia SpA......................................             130.63
All Others...........................................               8.34
------------------------------------------------------------------------

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 subject merchandise from Italy, as described in Appendix I 
of this notice, which are entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of this notice in the 
Federal Register, except for Marcegaglia, NVR, and OTS, as described 
below.
    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.
    Because we have preliminarily found that critical circumstances 
exist with regard to imports produced and exported by the mandatory 
respondents Marcegaglia, NVR, and OTS, we will instruct CBP to suspend 
liquidation of all entries of CTL plate from Italy, as described in the 
scope of the investigation, from Marcegaglia, NVR, and OTS, that are 
entered, or withdrawn from warehouse, for consumption on or after the 
date that is 90 days prior to the date on which suspension of 
liquidation is first ordered, e.g., the date of publication of this 
notice.
    Pursuant to section 733(d) of the Act and 19 CFR 351.205(d), we 
will instruct CBP to require cash deposits \9\ equal to the weighted-
average amount by which the NV exceeds U.S. price, as indicated in the 
chart above, as follows: (1) The rate for the mandatory respondents 
listed above will be the respondent-specific rates we determined in 
this preliminary determination; (2) if the exporter is not a mandatory 
respondent identified above, but the producer is, the rate will be the 
specific rate established for the producer of the subject merchandise; 
and (3) the rate for all other producers or exporters will be the all-
others rate. These suspension of liquidation instructions will remain 
in effect until further notice.
---------------------------------------------------------------------------

    \9\ 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).
---------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed to interested 
parties in this proceeding within five days of the public announcement 
of this preliminary determination in accordance with 19 CFR 351.224(b).

Verification

    As provided in section 782(i) of the Act, we intend to verify 
information relied upon in making our final determination.

Public Comment

    Interested parties are invited to comment on this preliminary 
determination. Case briefs or other written comments may be submitted 
to the Assistant Secretary for Enforcement and Compliance no later than 
seven days after the date on which the final verification report is 
issued in this proceeding, and rebuttal briefs, limited to issues 
raised in case briefs, may be submitted no later than five days after 
the deadline date for case briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) 
and (d)(2), parties who submit case briefs or rebuttal briefs in this 
proceeding 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.
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
---------------------------------------------------------------------------

    The Department established separate deadlines for interested 
parties to provide comments on scope issues.\11\ Specifically, case 
briefs on scope issues were to be submitted no later than October 21, 
2016. Scope rebuttal briefs, limited to issues raised in the scope case 
briefs, were to be submitted no later than November 1, 2016.\12\ The 
Department explained that parties should limit comments on scope issues 
to their scope case brief and their scope rebuttal brief.\13\ Thus, 
comments on scope issues belong in parties' scope case briefs and scope 
rebuttal briefs only and not in other case briefs and rebuttal briefs 
submitted in this investigation. The Department intends to address 
parties' scope comments in a final scope memorandum.
---------------------------------------------------------------------------

    \11\ See Preliminary Scope Decision Memorandum; Additional 
Preliminary Scope Decision Memorandum; and Memorandum to the File, 
entitled, ``Deadlines for Submitting Scope Case Briefs and Scope 
Rebuttal Briefs,'' dated October 18, 2016 (Deadline Memo for Scope 
Briefs); and Memorandum to the File, entitled, ``Extension of 
Deadline for Submitting Scope Rebuttal Briefs,'' dated October 28, 
2016 (``Extension Memo for Scope Rebuttal Briefs'').
    \12\ See Deadline Memo for Scope Briefs and Extension Memo for 
Scope Rebuttal Briefs.
    \13\ See e.g. Deadline Memo for Scope Briefs.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
within 30 days after the date of publication of this notice. 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.
    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 Standard Time.

Postponement of Final Determination and Extension of Provisional 
Measures

    Section 735(a)(2) of the Act provides that a final determination 
may be postponed until not later than 135 days after the date of the 
publication of the preliminary determination if, in the event of an 
affirmative preliminary determination, a request for such postponement 
is made by exporters who account for a significant proportion of 
exports of the subject merchandise, or in the event of a negative 
preliminary determination, a request for such postponement is made by 
the petitioner. 19 CFR 351.210(e)(2) requires that requests by 
respondents for postponement of a final determination be accompanied by 
a request for extension of provisional measures from a four-month 
period to a period not more than six months in duration.
    OTS requested that, in the event of an affirmative preliminary 
determination in this investigation, the Department postpone its final 
determination by 135 days after publication of the preliminary 
determination, and agreed to extend the application of the provisional 
measures prescribed under section 733(d) of the Act and 19 CFR 
351.210(e)(2), from a four-month period to a period not to

[[Page 79426]]

exceed six months.\14\ NVR also requested that the Department extend 
the deadline for the final determination and extend provisional 
measures.\15\
---------------------------------------------------------------------------

    \14\ See letter from OTS, entitled, ``Certain Carbon Alloy Steel 
Cut-to-Length Plate From Italy: Request for Postponement of the 
Final Determination,'' dated October 28, 2016.
    \15\ See letter from NVR, entitled, ``NLMK Verona's Request to 
Postpone Final Determination,'' dated October 6, 2016.
---------------------------------------------------------------------------

    In accordance with section 735(a)(2)(A) of the Act and 19 CFR 
351.210(b)(2)(ii), because (1) our preliminary determination is 
affirmative; (2) the requesting exporters account for a significant 
proportion of exports of the subject merchandise; and (3) no compelling 
reasons for denial exist, we are postponing the final determination 
until no later than 135 days after the publication of this notice in 
the Federal Register and extending the provisional measures from a 
four-month period to a period not greater than six months. Accordingly, 
we will issue our final determination no later than 135 days after the 
date of publication of this preliminary determination, pursuant to 
section 735(a)(2) of the Act.\16\
---------------------------------------------------------------------------

    \16\ See 19 CFR 351.210(b)(2) and (e).
---------------------------------------------------------------------------

International Trade Commission (ITC) Notification

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

    Dated: November 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

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; 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 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,

[[Page 79427]]

     Hydrogen not greater than 2 ppm, and
     Nitrogen not greater than 60 ppm;
    (b) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not 
exceeding 1.0, D not exceeding 1.5;
    (c) Having the following mechanical properties:
    (i) With a Brinell hardness not more than 237 HBW measured in 
all parts of the product including mid thickness; and having a Yield 
Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or 
more and Reduction of area 35% or more; having charpy V at -75 
degrees F in the longitudinal direction equal or greater than 15 ft. 
lbs (single value) and equal or greater than 20 ft. lbs (average of 
3 specimens) and conforming to the requirements of NACE MR01-75; or
    (ii) With a Brinell hardness not less than 240 HBW measured in 
all parts of the product including mid thickness; and having a Yield 
Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or 
more and Reduction of area 30% or more; having charpy V at -40 
degrees F in the longitudinal direction equal or greater than 21 ft. 
lbs (single value) and equal or greater than 31 ft. lbs (average of 
3 specimens);
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 3.2 mm flat bottom hole; and
    (e) Conforming to magnetic particle inspection in accordance 
with AMS 2301;
    (7) Alloy forged and rolled steel CTL plate over 407 mm in 
actual thickness and meeting the following requirements:
    (a) Made from Electric Arc Furnace melted, ladle refined & 
vacuum degassed, alloy steel with the following chemical composition 
(expressed in weight percentages):
     Carbon 0.25-0.30,
     Silicon not greater than 0.25,
     Manganese not greater than 0.50,
     Nickel 3.0-3.5,
     Sulfur not greater than 0.010,
     Phosphorus not greater than 0.020,
     Chromium 1.0-1.5,
     Molybdenum 0.6-0.9,
     Vanadium 0.08 to 0.12
     Boron 0.002-0.004,
     Oxygen not greater than 20 ppm,
     Hydrogen not greater than 2 ppm, and
     Nitrogen not greater than 60 ppm.
    (b) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 
1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not 
exceeding 1.5(t) and 1.0(h);
    (c) Having the following mechanical properties: A Brinell 
hardness not less than 350 HBW measured in all parts of the product 
including mid thickness; and having a Yield Strength of 145ksi or 
more and UTS 160ksi or more, Elongation of 15% or more and Reduction 
of area 35% or more; having charpy V at -40 degrees F in the 
transverse direction equal or greater than 20 ft. lbs (single value) 
and equal or greater than 25 ft. lbs (average of 3 specimens);
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 3.2 mm flat bottom hole; and
    (e) Conforming to magnetic particle inspection in accordance 
with AMS 2301.
    The products subject to the 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 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. Period of Investigation
IV. Scope Comments
V. Preliminary Determination of Critical Circumstances
VI. Discussion of the Methodology
    (A) Determination of Comparison Method
    (B) Results of the Differential Pricing Analysis
VII. Date of Sale
VIII. Product Comparisons
IX. Export Price/Constructed Export Price
X. Normal Value
    (A) Home Market Viability
    (B) Level of Trade
    (C) Cost of Production (COP) Analysis
    1. Cost Averaging Methodology
    2. Calculation of COP
    3. Test of Comparison Market Sales Prices
    4. Results of the COP Test
    (D) Calculation of NV Based on Comparison-Market Prices
    (E) Price-to-Constructed Value Comparisons
XI. Application of Facts Available and Use of Adverse Inference
    (A) Application of Facts Available
    (B) Use of Adverse Inference
    (C) Selection and Corroboration of the AFA Rate
XII. Currency Conversion
XIII. Conclusion

[FR Doc. 2016-27304 Filed 11-10-16; 8:45 am]
 BILLING CODE 3510-DS-P