Certain Carbon and Alloy Steel Cut-To-Length Plate From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, 79450-79454 [2016-27312]
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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
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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. Discussion of the Methodology
a. Determination of Comparison Method
b. Results of the Differential Pricing
Analysis
VI. Date of Sale
VII. Product Comparisons
VIII. Export Price/Constructed Export Price
IX. 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
f. Price-to-Constructed Value Comparison
X. Currency Conversion
XI. Conclusion
[FR Doc. 2016–27313 Filed 11–10–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–047]
Certain Carbon and Alloy Steel Cut-ToLength Plate From the People’s
Republic of China: Preliminary
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
PO 00000
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The Department of Commerce
(‘‘Department’’) preliminarily
determines that certain carbon and alloy
steel cut-to-length plate (‘‘CTL plate’’)
from the People’s Republic of China
(‘‘PRC’’) is being, or is likely to be, sold
in the United States at less than fair
value (‘‘LTFV’’). The period of
investigation (‘‘POI’’) is October 1, 2015,
through March 31, 2016. The estimated
dumping margin of sales at LTFV is
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:
Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–6905.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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, re: ‘‘Decision Memorandum for the
Preliminary Determination in the Antidumping
Duty Investigation of Certain Carbon and Alloy
Steel Cut-To-Length Plate from the People’s
Republic of China’’ (‘‘Preliminary Decision
Memorandum’’).
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https://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 the PRC.
For a full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation’’ in Appendix I of this
notice.
Scope Comments
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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 flatrolled 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 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’’), and
Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, Certain Carbon and Alloy Steel Cut-toLength 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.
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Methodology
The Department is conducting this
investigation in accordance with section
731 of the Tariff Act of 1930, as
amended (‘‘the Act’’). For purposes of
this preliminary LTFV determination,
the Department continues to treat the
PRC as a non-market economy country
within the meaning of section 771(18) of
the Act. Jiangyin Xingcheng Special
Steel Works Co., Ltd., the sole
mandatory respondent in this
investigation, is not entitled to a
separate rate, and is included within the
PRC-wide entity. Furthermore, because
the PRC-wide entity did not cooperate
to the best of its ability with the
Department’s requests for information,
the Department preliminarily
determines that the application of
adverse facts available (‘‘AFA’’) is
warranted for this preliminary
determination, in accordance with
sections 776(a) and (b) of the Act and 19
CFR 351.308. For a full discussion of the
Department’s methodology, see
Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice, the
Department stated that it would
calculate combination rates for the
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.7
However, as described in the
Preliminary Decision Memorandum, all
parties subject to this investigation are
preliminarily found to be part of the
PRC-wide entity, to which we do not
assign a separate combination rate.8
Preliminary Determination
The Department preliminarily
determines that CTL plate from the PRC
is being, or is likely to be, sold in the
United States at LTFV, pursuant to
section 733 of the Act, and that the
following estimated dumping margin
exists:
7 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries’’ (April 5, 2005) (‘‘Policy
Bulletin 05.1’’), available on the Department’s Web
site at https://enforcement.trade.gov/policy/bull05–
1.pdf.
8 Id. See also Calcium Hypochlorite from the
People’s Republic of China: Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 79 FR 43393,
43394 (July 25, 2014), unchanged in Calcium
Hypochlorite from the People’s Republic of China:
Final Determination of Sales at Less Than Fair
Value, 79 FR 74065 (December 15, 2014).
9 As detailed in the Preliminary Decision
Memorandum, Jiangyin Xingcheng Special Steel
Works Co., Ltd. the sole mandatory respondent in
this investigation, did not demonstrate that it was
entitled to a separate rate. Accordingly, we consider
this company to be part of the PRC-wide entity.
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Exporter
PRC-Wide Entity 9 ..........
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Dumping
margin
(percent)
68.27
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 the PRC, 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. Pursuant to
section 733(d) of the Act and 19 CFR
351.205(d), we will instruct CBP to
require a cash deposit equal to the
margin indicated in the chart above.10
These suspension of liquidation
instructions will remain in effect until
further notice.
We normally adjust antidumping duty
cash deposit rates by the amount of
export subsidies, where appropriate.
However, the Department is making no
adjustments to the PRC-wide entity’s
antidumping cash deposit rate of 68.27
percent because the Department made
no findings in the companion CVD
investigation that any of the programs
are export subsidies.11
Further, pursuant to section 777A(f)
of the Act, we normally adjust cash
deposit rates for estimated domestic
subsidy pass-through, where
appropriate. However, in this case there
is no basis to grant a domestic subsidy
pass-through adjustment.12
Disclosure
Normally, the Department discloses to
interested parties the calculations
performed in connection with a
preliminary determination within five
days of the date of public
announcement of a preliminary
determination, in accordance with 19
CFR 351.224(b). However, because the
Department established only one rate in
this investigation based entirely on AFA
10 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).
11 See Preliminary Decision Memorandum. See
also Circular Welded Carbon-Quality Steel Pipe
from Pakistan: Affirmative Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and
Extension of Provisional Measures, 81 FR 36867
(June 8, 2016) and accompanying Preliminary
Decision Memorandum at page 13, unchanged in
Circular Welded Carbon-Quality Steel Pipe from
Pakistan: Final Affirmative Determination of Sales
at Less Than Fair Value, 81 FR 75028 (October 28,
2016).
12 See Preliminary Decision Memorandum.
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in accordance with section 776 of the
Act, there are no calculations to
disclose. Accordingly, the calculations
performed in connection with this
preliminary determination are not
proprietary in nature, and are described
in the Petition and in the PRC AD
Initiation Checklist.13
Verification
Because the only rate established in
this investigation is based entirely on
AFA, we do not intend to conduct
verification.
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 30 days
after the date of publication of this
preliminary determination 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.14 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.15
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, 2016.16 The
Department explained that parties
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13 See
Petitions for the Imposition of
Antidumping and Countervailing Duties: 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, dated April 8,
2016 (‘‘Petition’’), Volume IV at 24; Supplement to
the Petition, dated April 18, 2016; see also Initiation
Notice and accompanying Antidumping Duty
Investigation Initiation Checklist: Certain Carbon
and Alloy Steel Cut-to-Length Plate from the
People’s Republic of China (‘‘PRC AD Initiation
Checklist’’), at pages 7–11; and Preliminary
Decision Memorandum at 11–12.
14 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
15 See Preliminary Scope Decision Memorandum;
Additional Preliminary Scope Decision
Memorandum; Memorandum to the File ‘‘Deadlines
for Submitting Scope Case Briefs and Scope
Rebuttal Briefs,’’ dated October 18, 2016 (‘‘Deadline
Memo for Scope Briefs’’); and Memorandum to the
File ‘‘Extension of Deadline for Submitting Scope
Rebuttal Briefs,’’ dated October 28, 2016
(‘‘Extension Memo for Scope Rebuttal Briefs’’).
16 See Deadline Memo for Scope Briefs and
Extension Memo for Scope Rebuttal Briefs.
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should limit comments on scope issues
to their scope case brief and their scope
rebuttal brief.17 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.
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.
Pursuant to section 735(a)(1) of the
Act, we intend to make our final
determination no later than 75 days
after the date of publication of this
preliminary determination.
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).
17 See,
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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
unless the product is already covered by an
order existing on that specific country (e.g.,
Notice of the Antidumping Duty Order:
Certain Hot-Rolled Carbon Steel Flat
Products From the People’s Republic of
China, 66 FR 59561 (November 29, 2001));
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
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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;
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(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,
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
79453
• 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.
Excluded from the scope of the
antidumping duty investigation on cut-tolength plate from the People’s Republic of
China are any products covered by the
existing antidumping duty order on certain
cut-to-length carbon steel plate from the
People’s Republic of China. See Suspension
Agreement on Certain Cut-to-Length Carbon
Steel Plate From the People’s Republic of
China; Termination of Suspension
Agreement and Notice of Antidumping Duty
Order, 68 FR 60,081 (Dep’t Commerce Oct.
21, 2003), as amended, Affirmative Final
Determination of Circumvention of the
Antidumping Duty Order on Certain Cut-toLength Carbon Steel Plate From the People’s
Republic of China, 76 FR 50,996, 50,996–97
(Dep’t of Commerce Aug. 17, 2011). On
August 17, 2011, the U.S. Department of
Commerce found that the order covered all
imports of certain cut-to-length carbon steel
plate products with 0.0008 percent or more
boron, by weight, from China not meeting all
of the following requirements: Aluminum
level of 0.02 percent or greater, by weight; a
ratio of 3.4 to 1 or greater, by weight, of
titanium to nitrogen; and a hardenability test
(i.e., Jominy test) result indicating a boron
factor of 1.8 or greater.
The products subject to the 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,
E:\FR\FM\14NON1.SGM
14NON1
79454
Federal Register / Vol. 81, No. 219 / Monday, November 14, 2016 / Notices
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. Selection of Respondents
VI. Discussion of The Methodology
a. Non-Market Economy Country
b. Separate Rates
c. The PRC-Wide Entity
d. Application of Facts Available and
Adverse Inferences
e. Selection and Corroboration of the AFA
Rate
VII. Adjustment Under Section 777a(F) of
The Act
VIII. Adjustments to Cash Deposit Rates for
Export Subsidies
IX. Conclusion
[FR Doc. 2016–27312 Filed 11–10–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–026, C–570–027]
Certain Corrosion-Resistant Steel
Products From the People’s Republic
of China: Initiation of AntiCircumvention Inquiries on the
Antidumping Duty and Countervailing
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
ArcelorMittal USA LLC, Nucor
Corporation, United States Steel
Corporation, and AK Steel Corporation,
as well as Steel Dynamics, Inc. and
California Steel Industries, (collectively,
Domestic Producers), the Department of
Commerce (the Department) is initiating
anti-circumvention inquiries to
determine whether certain imports of
corrosion-resistant steel products
(CORE), produced in the Socialist
Republic of Vietnam (Vietnam) using
carbon hot-rolled steel (HRS) and coldrolled steel (CRS) flat products
manufactured in the People’s Republic
mstockstill on DSK3G9T082PROD with NOTICES
AGENCY:
VerDate Sep<11>2014
17:26 Nov 10, 2016
Jkt 241001
of China (PRC), are circumventing the
antidumping duty (AD) and
countervailing duty (CVD) orders on
CORE from the PRC.
DATES: Effective November 14, 2016.
FOR FURTHER INFORMATION CONTACT:
Nancy Decker, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–0196.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2015, AK Steel
Corporation, ArcelorMittal USA LLC,
Nucor Corporation, Steel Dynamics,
Inc., and the United States Steel
Corporation (collectively, Petitioners)
filed petitions seeking the imposition of
antidumping and countervailing duties
on imports of CORE from India, Italy,
the Republic of Korea, PRC, and
Taiwan. Following the Department’s
affirmative determinations of dumping
and countervailable subsidies,1 and the
U.S. International Trade Commission
(ITC) finding of material injury,2 the
Department issued antidumping duty
and countervailing duty Orders 3 on
imports of CORE from the PRC.
On September 22, 2016, pursuant to
section 781(b) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.225(h), Steel Dynamics, Inc. and
California Steel Industries submitted
requests for the Department to initiate
anti-circumvention inquiries to
determine whether producers in
Vietnam of CORE are circumventing the
Orders on CORE from the PRC by
exporting to the United States CORE
products completed or assembled in
various Vietnamese facilities, from
inputs of HRS and CRS sourced from
1 See Certain Corrosion-Resistant Steel Products
from the People’s Republic of China: Final
Determination of Sales at Less Than Fair Value and
Final Affirmative Critical Circumstances
Determination, in Part, 81 FR 35316 (June 2, 2016),
and Countervailing Duty Investigation of Certain
Corrosion-Resistant Steel Products From the
People’s Republic of China: Final Affirmative
Determination, and Final Affirmative Critical
Circumstances Determination, in Part, 81 FR 35308
(June 2, 2016).
2 See Certain Corrosion-Resistant Steel Products
From China, India, Italy, Korea, and Taiwan;
Determinations, 81 FR 47177 (July 20, 2016).
3 See Certain Corrosion-Resistant Steel Products
From India, Italy, the People’s Republic of China,
the Republic of Korea and Taiwan: Amended Final
Affirmative Antidumping Determination for India
and Taiwan, and Antidumping Duty Orders, 81 FR
48390 (July 25, 2016), and Certain CorrosionResistant Steel Products From India, Italy, Republic
of Korea and the People’s Republic of China:
Countervailing Duty Order, 81 FR 48387 (July 25,
2016) (collectively Orders).
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
the PRC.4 On September 23, 2016,
pursuant to section 781(b) of the Act
and 19 CFR 351.225(h), ArcelorMittal
USA LLC, Nucor Corporation, United
States Steel Corporation, and AK Steel
Corporation, collectively, submitted a
request for the Department to initiate
anti-circumvention inquiries and to
issue in conjunction with initiation of
the inquiries preliminary
determinations of circumvention of the
Orders to suspend liquidation of
imports of CORE from Vietnam.5
On October 17, 2016, we received
comments objecting to the allegations
from Domestic Producers from Metallia
U.S.A., LLC, Metallia, A Division of
Hartree Partners, LP, Nippon Steel and
Sumiken Bussan Americas Inc., Mitsui
& Co. (U.S.A.), Inc., and MarubeniItochu Steel America Inc. (collectively,
Metallia).6 Also on October 17, 2016, we
received comments objecting to the
allegations from Minmetals, Inc.
(Minmetals).7 On October 20, 2016, we
received comments objecting to the
allegations from China Steel Sumikin
Vietnam Joint Stock Company (CSVC) 8
and from Duferco Steel Inc. (Duferco).9
On October 21, 2016, we received
comments objecting to the allegations
from T.Co Metals LLC (TCO).10 On
October 26, 2016, we received
comments objecting to the allegations
from Summit Global Trading, a
subsidiary of Sumitomo Corporation of
4 See Letter from Schagrin Associates to the
Secretary of Commerce; ‘‘Certain CorrosionResistant Steel Products from China: Request for
Circumvention Ruling,’’ dated September 22, 2016
(Schagrin Request).
5 See Letter from Kelley Drye & Warren LLP, King
& Spalding LLP, Wiley Rein LLP, and Quinn
Emanuel Urquhart & Sullivan, LLP to the Secretary
of Commerce, regarding ‘‘Certain CorrosionResistant Steel Products from the People’s Republic
of China—Request for Circumvention Ruling
Pursuant to Section 781(b) of the Tariff Act of
1930,’’ dated September 23, 2016 (Petitioners
Request).
6 See Letter from Morris, Manning & Martin, LLP
to the Secretary of Commerce, regarding ‘‘Certain
Cold-Rolled Steel Flat Products and CorrosionResistant Steel Products from the People’s Republic
of China: Response to Request for AntiCircumvention Inquiry,’’ dated October 17, 2016.
7 See Letter from Minmetals, Inc. to the Secretary
of Commerce, dated October 17, 2016.
8 See Letter from Mowry & Grimson, PLLC and
Sidley Austin LLP, regarding ‘‘Certain CorrosionResistant Steel Products from China—Response to
Petitioners’ Circumvention Allegations,’’ dated
October 20, 2016.
9 See Letter from Arent Fox, regarding ‘‘Certain
Corrosion-Resistant Steel Products from the
People’s Republic of China: Response to Request for
Anti-Circumvention Inquiry,’’ dated October 20,
2016 (Duferco Comments).
10 See Letter from Drinker Biddle & Reath, LLP,
regarding ‘‘Certain Corrosion-Resistant Steel
Products from the People’s Republic of China:
Response to Request for Anti-Circumvention
Inquiry,’’ dated October 21, 2016 (TCO Comments).
E:\FR\FM\14NON1.SGM
14NON1
]]>Agencies
[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79450-79454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27312]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-047]
Certain Carbon and Alloy Steel Cut-To-Length Plate From the
People's Republic of China: Preliminary Affirmative Determination of
Sales at Less Than Fair Value
AGENCY: 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 the People's Republic of China (``PRC'') is being,
or is likely to be, sold in the United States at less than fair value
(``LTFV''). The period of investigation (``POI'') is October 1, 2015,
through March 31, 2016. The estimated dumping margin of sales at LTFV
is 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: Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6905.
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.
---------------------------------------------------------------------------
\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,
re: ``Decision Memorandum for the Preliminary Determination in the
Antidumping Duty Investigation of Certain Carbon and Alloy Steel
Cut-To-Length Plate from the People's Republic of China''
(``Preliminary Decision Memorandum'').
---------------------------------------------------------------------------
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
[[Page 79451]]
https://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 the
PRC. 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 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''), and
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: 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 Tariff Act of 1930, as amended (``the Act''). For
purposes of this preliminary LTFV determination, the Department
continues to treat the PRC as a non-market economy country within the
meaning of section 771(18) of the Act. Jiangyin Xingcheng Special Steel
Works Co., Ltd., the sole mandatory respondent in this investigation,
is not entitled to a separate rate, and is included within the PRC-wide
entity. Furthermore, because the PRC-wide entity did not cooperate to
the best of its ability with the Department's requests for information,
the Department preliminarily determines that the application of adverse
facts available (``AFA'') is warranted for this preliminary
determination, in accordance with sections 776(a) and (b) of the Act
and 19 CFR 351.308. For a full discussion of the Department's
methodology, see Preliminary Decision Memorandum.
Combination Rates
In the Initiation Notice, the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation. Policy Bulletin 05.1 describes
this practice.\7\ However, as described in the Preliminary Decision
Memorandum, all parties subject to this investigation are preliminarily
found to be part of the PRC-wide entity, to which we do not assign a
separate combination rate.\8\
---------------------------------------------------------------------------
\7\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries'' (April 5, 2005) (``Policy Bulletin 05.1''), available on
the Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf.
\8\ Id. See also Calcium Hypochlorite from the People's Republic
of China: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 79 FR 43393, 43394 (July
25, 2014), unchanged in Calcium Hypochlorite from the People's
Republic of China: Final Determination of Sales at Less Than Fair
Value, 79 FR 74065 (December 15, 2014).
---------------------------------------------------------------------------
Preliminary Determination
The Department preliminarily determines that CTL plate from the PRC
is being, or is likely to be, sold in the United States at LTFV,
pursuant to section 733 of the Act, and that the following estimated
dumping margin exists:
---------------------------------------------------------------------------
\9\ As detailed in the Preliminary Decision Memorandum, Jiangyin
Xingcheng Special Steel Works Co., Ltd. the sole mandatory
respondent in this investigation, did not demonstrate that it was
entitled to a separate rate. Accordingly, we consider this company
to be part of the PRC-wide entity.
------------------------------------------------------------------------
Dumping margin
Exporter (percent)
------------------------------------------------------------------------
PRC-Wide Entity \9\.................................. 68.27
------------------------------------------------------------------------
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 the PRC, 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. Pursuant to section 733(d) of the Act
and 19 CFR 351.205(d), we will instruct CBP to require a cash deposit
equal to the margin indicated in the chart above.\10\ These suspension
of liquidation instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\10\ 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).
---------------------------------------------------------------------------
We normally adjust antidumping duty cash deposit rates by the
amount of export subsidies, where appropriate. However, the Department
is making no adjustments to the PRC-wide entity's antidumping cash
deposit rate of 68.27 percent because the Department made no findings
in the companion CVD investigation that any of the programs are export
subsidies.\11\
---------------------------------------------------------------------------
\11\ See Preliminary Decision Memorandum. See also Circular
Welded Carbon-Quality Steel Pipe from Pakistan: Affirmative
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination and Extension of Provisional
Measures, 81 FR 36867 (June 8, 2016) and accompanying Preliminary
Decision Memorandum at page 13, unchanged in Circular Welded Carbon-
Quality Steel Pipe from Pakistan: Final Affirmative Determination of
Sales at Less Than Fair Value, 81 FR 75028 (October 28, 2016).
---------------------------------------------------------------------------
Further, pursuant to section 777A(f) of the Act, we normally adjust
cash deposit rates for estimated domestic subsidy pass-through, where
appropriate. However, in this case there is no basis to grant a
domestic subsidy pass-through adjustment.\12\
---------------------------------------------------------------------------
\12\ See Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Disclosure
Normally, the Department discloses to interested parties the
calculations performed in connection with a preliminary determination
within five days of the date of public announcement of a preliminary
determination, in accordance with 19 CFR 351.224(b). However, because
the Department established only one rate in this investigation based
entirely on AFA
[[Page 79452]]
in accordance with section 776 of the Act, there are no calculations to
disclose. Accordingly, the calculations performed in connection with
this preliminary determination are not proprietary in nature, and are
described in the Petition and in the PRC AD Initiation Checklist.\13\
---------------------------------------------------------------------------
\13\ See Petitions for the Imposition of Antidumping and
Countervailing Duties: 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, dated
April 8, 2016 (``Petition''), Volume IV at 24; Supplement to the
Petition, dated April 18, 2016; see also Initiation Notice and
accompanying Antidumping Duty Investigation Initiation Checklist:
Certain Carbon and Alloy Steel Cut-to-Length Plate from the People's
Republic of China (``PRC AD Initiation Checklist''), at pages 7-11;
and Preliminary Decision Memorandum at 11-12.
---------------------------------------------------------------------------
Verification
Because the only rate established in this investigation is based
entirely on AFA, we do not intend to conduct verification.
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
30 days after the date of publication of this preliminary determination
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.\14\ 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.
---------------------------------------------------------------------------
\14\ 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.\15\ 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.\16\ The
Department explained that parties should limit comments on scope issues
to their scope case brief and their scope rebuttal brief.\17\ 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.
---------------------------------------------------------------------------
\15\ See Preliminary Scope Decision Memorandum; Additional
Preliminary Scope Decision Memorandum; Memorandum to the File
``Deadlines for Submitting Scope Case Briefs and Scope Rebuttal
Briefs,'' dated October 18, 2016 (``Deadline Memo for Scope
Briefs''); and Memorandum to the File ``Extension of Deadline for
Submitting Scope Rebuttal Briefs,'' dated October 28, 2016
(``Extension Memo for Scope Rebuttal Briefs'').
\16\ See Deadline Memo for Scope Briefs and Extension Memo for
Scope Rebuttal Briefs.
\17\ 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.
Pursuant to section 735(a)(1) of the Act, we intend to make our
final determination no later than 75 days after the date of publication
of this preliminary determination.
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 unless the product is already covered by
an order existing on that specific country (e.g., Notice of the
Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat
Products From the People's Republic of China, 66 FR 59561 (November
29, 2001)); 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
[[Page 79453]]
otherwise remove the merchandise from the scope of the investigation
if performed in the country of manufacture of the cut-to-length
plate.
All products that meet the written physical description, are
within the scope of this investigation unless specifically excluded
or covered by the scope of an existing order. The following products
are outside of, and/or specifically excluded from, the scope of this
investigation:
(1) Products clad, plated, or coated with metal, whether or not
painted, varnished or coated with plastic or other non-metallic
substances;
(2) military grade armor plate certified to one of the following
specifications or to a specification that references and
incorporates one of the following specifications:
MIL-A-12560,
MIL-DTL-12560H,
MIL-DTL-12560J,
MIL-DTL-12560K,
MIL-DTL-32332,
MIL-A-46100D,
MIL-DTL-46100-E,
MIL-46177C,
MIL-S-16216K Grade HY80,
MIL-S-16216K Grade HY100,
MIL-S-24645A HSLA-80;
MIL-S-24645A HSLA-100,
T9074-BD-GIB-010/0300 Grade HY80,
T9074-BD-GIB-010/0300 Grade HY100,
T9074-BD-GIB-010/0300 Grade HSLA80,
T9074-BD-GIB-010/0300 Grade HSLA100, and
T9074-BD-GIB-010/0300 Mod. Grade HSLA115,
except that any cut-to-length plate certified to one of the
above specifications, or to a military grade armor specification
that references and incorporates one of the above specifications,
will not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would
fall within the scope of this order;
(3) stainless steel plate, containing 10.5 percent or more of
chromium by weight and not more than 1.2 percent of carbon by
weight;
(4) CTL plate meeting the requirements of ASTM A-829, Grade E
4340 that are over 305 mm in actual thickness;
(5) Alloy forged and rolled CTL plate greater than or equal to
152.4 mm in actual thickness meeting each of the following
requirements:
(a) Electric furnace melted, ladle refined & vacuum degassed and
having a chemical composition (expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.20,
Manganese 1.20-1.60,
Nickel not greater than 1.0,
Sulfur not greater than 0.007,
Phosphorus not greater than 0.020,
Chromium 1.0-2.5,
Molybdenum 0.35-0.80,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) With a Brinell hardness measured in all parts of the product
including mid thickness falling within one of the following ranges:
(i) 270-300 HBW,
(ii) 290-320 HBW, or
(iii) 320-350HBW;
(c) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not
exceeding 0.5, D not exceeding 1.5; and
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 2 mm flat bottom hole;
(6) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, Ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.15,
Manganese 1.20-1.50,
Nickel not greater than 0.4,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.20-1.50,
Molybdenum 0.35-0.55,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical properties:
(i) With a Brinell hardness not more than 237 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or
more and Reduction of area 35% or more; having charpy V at -75
degrees F in the longitudinal direction equal or greater than 15 ft.
lbs (single value) and equal or greater than 20 ft. lbs (average of
3 specimens) and conforming to the requirements of NACE MR01-75; or
(ii) With a Brinell hardness not less than 240 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or
more and Reduction of area 30% or more; having charpy V at -40
degrees F in the longitudinal direction equal or greater than 21 ft.
lbs (single value) and equal or greater than 31 ft. lbs (average of
3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301;
(7) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.25-0.30,
Silicon not greater than 0.25,
Manganese not greater than 0.50,
Nickel 3.0-3.5,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.0-1.5,
Molybdenum 0.6-0.9,
Vanadium 0.08 to 0.12
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding
1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not
exceeding 1.5(t) and 1.0(h);
(c) Having the following mechanical properties: A Brinell
hardness not less than 350 HBW measured in all parts of the product
including mid thickness; and having a Yield Strength of 145ksi or
more and UTS 160ksi or more, Elongation of 15% or more and Reduction
of area 35% or more; having charpy V at -40 degrees F in the
transverse direction equal or greater than 20 ft. lbs (single value)
and equal or greater than 25 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301.
Excluded from the scope of the antidumping duty investigation on
cut-to-length plate from the People's Republic of China are any
products covered by the existing antidumping duty order on certain
cut-to-length carbon steel plate from the People's Republic of
China. See Suspension Agreement on Certain Cut-to-Length Carbon
Steel Plate From the People's Republic of China; Termination of
Suspension Agreement and Notice of Antidumping Duty Order, 68 FR
60,081 (Dep't Commerce Oct. 21, 2003), as amended, Affirmative Final
Determination of Circumvention of the Antidumping Duty Order on
Certain Cut-to-Length Carbon Steel Plate From the People's Republic
of China, 76 FR 50,996, 50,996-97 (Dep't of Commerce Aug. 17, 2011).
On August 17, 2011, the U.S. Department of Commerce found that the
order covered all imports of certain cut-to-length carbon steel
plate products with 0.0008 percent or more boron, by weight, from
China not meeting all of the following requirements: Aluminum level
of 0.02 percent or greater, by weight; a ratio of 3.4 to 1 or
greater, by weight, of titanium to nitrogen; and a hardenability
test (i.e., Jominy test) result indicating a boron factor of 1.8 or
greater.
The products subject to the 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,
[[Page 79454]]
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. Selection of Respondents
VI. Discussion of The Methodology
a. Non-Market Economy Country
b. Separate Rates
c. The PRC-Wide Entity
d. Application of Facts Available and Adverse Inferences
e. Selection and Corroboration of the AFA Rate
VII. Adjustment Under Section 777a(F) of The Act
VIII. Adjustments to Cash Deposit Rates for Export Subsidies
IX. Conclusion
[FR Doc. 2016-27312 Filed 11-10-16; 8:45 am]
BILLING CODE 3510-DS-P
