Certain Carbon and Alloy Steel Cut-To-Length Plate From the Federal Republic of Germany: Amended Preliminary Determination of Sales at Less Than Fair Value, 85930-85932 [2016-28703]
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Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices
convenience and customs purposes; the
written description of the scope is
dispositive.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Alignment
VI. Injury Test
VII. Subsidies Valuation
VIII. Loan Benchmark and Interest Rates
IX. Use of Facts Otherwise Available
X. Analysis of Programs
XI. Calculation of All-Others Rate
XII. International Trade Commission
XIII. Disclosure and Public Comment
XIV. Conclusion
[FR Doc. 2016–28704 Filed 11–28–16; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–428–844]
Certain Carbon and Alloy Steel Cut-ToLength Plate From the Federal
Republic of Germany: Amended
Preliminary Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
On November 14, 2016, the
Department of Commerce (the
Department) published in the Federal
Register the Preliminary Determination
of the antidumping duty investigation of
certain carbon and alloy steel cut-tolength plate (CTL plate) from the
Federal Republic of Germany
(Germany). The Department is
amending the Preliminary
Determination of the investigation to
correct three ministerial errors.
SUMMARY:
DATES:
Effective November 29, 2016.
Ross
Belliveau or David J. Goldberger, 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) 482–4952 or (202) 482–4136,
respectively.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2016, the
Department published in the Federal
Register the Preliminary Determination
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of CTL plate from Germany.1 On
November 14, 2016, Nucor Corporation
(Nucor), a petitioner in this
investigation, alleged that the
Department made significant ministerial
errors in the Preliminary
Determination.2
Scope of the Investigation
The product covered by this
investigation is CTL plate from
Germany. For a full description of the
scope of this investigation, see the
‘‘Scope of the Investigation,’’ in
Appendix I of this notice.
Significant Ministerial Error
A ministerial error is defined in 19
CFR 351.224(f) as ‘‘an error in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which the Secretary
considers ministerial.’’ Further, 19 CFR
351.224(e) provides that the Department
‘‘will analyze any comments received
and, if appropriate, correct any
significant ministerial error by
amending the preliminary
determination.’’ A significant
ministerial error is defined as a
ministerial error, the correction of
which, singly or in combination with
other errors, would result in: (1) A
change of at least five absolute
percentage points in, but not less than
25 percent of, the weighted-average
dumping margin calculated in the
original (erroneous) preliminary
determination; or (2) a difference
between a weighted-average dumping
margin of zero or de minimis and a
weighted-average dumping margin of
greater than de minimis or vice versa.3
Ministerial Error Allegations
Nucor alleges that the Department
made three ministerial errors in its
calculation of the preliminary
determination margin for Ilsenburger
Grobblech GmbH, Salzgitter
Mannesmann Grobblech GmbH,
Salzgitter Flachstahl GmbH, and
Salzgitter Mannesmann International
GmbH (collectively, Salzgitter):
• In making the adjustment to U.S.
price for reported freight revenue and
capping that adjustment by the reported
freight expense, the Department did not
1 See
Certain Carbon and Alloy Steel Cut-toLength Plate from the Federal Republic of Germany:
Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination, 81 FR 79446 (November 14, 2016)
(Preliminary Determination).
2 See letter from Nucor entitled, ‘‘Nucor’s
Ministerial Error Comments Regarding Salzgitter,’’
dated November 14, 2016 (Nucor Letter).
3 See 19 CFR 351.224(g)(1) and (2).
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include freight revenue reported as a
billing adjustment in the freight revenue
cap.
• The Department recalculated U.S.
credit expenses incorrectly by deducting
freight revenue from the U.S. price used
in the calculation. However, the
reported U.S. price did not include
freight revenue.
• The Department made an
adjustment to U.S. price for inventory
carrying expenses without converting
the reported amount from euros to U.S.
dollars.
We agree that the alleged errors were
made. Moreover, pursuant to 19 CFR
351.224(g)(2), these ministerial errors
are significant because the correction of
these errors results in a change from a
weighted-average dumping margin of
zero or de minimis to a weightedaverage dumping margin of greater than
de minimis. Therefore, we are correcting
the ministerial errors alleged by Nucor
and we are amending our preliminary
determination accordingly.4
Amended Preliminary Determination
We are amending the preliminary
determination of sales at less-than-fairvalue for CTL plate from Germany to
reflect the correction of ministerial
errors made in the margin calculation of
that determination for Salzgitter. In
addition, because we calculated a de
minimis weighted-average dumping
margin for Salzgitter in the Preliminary
Determination, the preliminary ‘‘AllOthers’’ Rate was based on the
estimated weighted-average dumping
margin calculated for Dillinger, the
other mandatory respondent in this
investigation. Thus, we are also
amending the ‘‘All-Others’’ rate to
account for the change in the Salzgitter
margin. Accordingly, we are amending
the calculation of the all-others rate to
base it on the weighted-average of the
margins calculated for Dillinger and
Salzgitter using publicly-ranged data.
Because we cannot apply our normal
methodology of calculating a weightedaverage margin due to requests to
protect business-proprietary
information, we find this rate to be the
best proxy of the actual weightedaverage margin determined for these
respondents.5 As a result of the
4 See Memorandum to the File entitled
‘‘Amended Preliminary Determination Margin
Calculation for Salzgitter’’ (Amended Preliminary
Determination Memorandum) for further discussion
of our calculations for this amended preliminary
determination.
5 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).
For further discussion of the amended calculation
of the all-others rate, see Amended Preliminary
Determination Memorandum.
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Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices
correction of the ministerial error, the
revised weighted-average dumping
margins are as follows:
revised weighted-average dumping
margins are as follows:
Weighted-average
dumping margin
(percent)
Exporter/manufacturer
¨
AG der Dillinger Huttenwerke ........................................................................................................................................................
Ilsenburger Grobblech GmbH, Salzgitter Mannesmann Grobblech GmbH, Salzgitter Flachstahl GmbH, and Salzgitter
Mannesmann International GmbH .............................................................................................................................................
All-Others .......................................................................................................................................................................................
Amended Cash Deposits and
Suspension of Liquidation
The collection of cash deposits and
suspension of liquidation will be
revised according to the rates
established in this amended preliminary
determination, in accordance with
section 733(d) and (f) of the Tariff Act
of 1930, as amended (the Act) and 19
CFR 351.224. Because the rates are
increasing from the Preliminary
Determination, the amended cash
deposit rates will be effective on the
date of publication of this notice in the
Federal Register.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we notified the International
Trade Commission of our amended
preliminary determination.
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
announcement of the amended
preliminary determination, in
accordance with 19 CFR 351.224.
This amended preliminary
determination is issued and published
in accordance with sections 733(f) and
777(i) of the Act and 19 CFR 351.224(e).
Dated: November 21, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
asabaliauskas on DSK3SPTVN1PROD 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
mm, and of a thickness of not less than 4
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Jkt 241001
85931
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;
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6.56
5.00
5.17
(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) 320–350 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 75 ksi min and UTS 95
ksi 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,
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17:48 Nov 28, 2016
Jkt 241001
• 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 145 ksi or more and UTS
160 ksi 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.
[FR Doc. 2016–28703 Filed 11–28–16; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
[Docket No.: 160830797–6797–01]
National Cybersecurity Center of
Excellence (NCCoE) Mobile
Application Single Sign On (SSO) for
the Public Safety & First Responder
Sector
National Institute of Standards
and Technology, Department of
Commerce.
ACTION: Notice.
AGENCY:
The National Institute of
Standards and Technology (NIST)
invites organizations to provide
products and technical expertise to
support and demonstrate security
platforms for Mobile Application Single
Sign On (SSO) for the Public Safety &
First Responder sector. This notice is
the initial step for the National
Cybersecurity Center of Excellence
(NCCoE) in collaborating with
technology companies to address
cybersecurity challenges identified
under the Public Safety & First
Responder sector program. Participation
in the use case is open to all interested
organizations.
DATES: Interested parties must contact
NIST to request a letter of interest
template to be completed and submitted
to NIST. Letters of interest will be
accepted on a first come, first served
basis. Collaborative activities will
commence as soon as enough completed
and signed letters of interest have been
returned to address all the necessary
components and capabilities, but no
earlier than December 29, 2016. When
the use case has been completed, NIST
will post a notice on the NCCoE Public
Safety & First Responder sector program
Web site at https://nccoe.nist.gov/
projects/building_blocks/mobile-sso
announcing the completion of the use
case and informing the public that it
will no longer accept letters of interest
for this use case.
ADDRESSES: The NCCoE is located at
9700 Great Seneca Highway, Rockville,
MD 20850. Letters of interest must be
submitted to PSFR–NCCoE@nist.gov or
via hardcopy to National Institute of
Standards and Technology, 100 Bureau
Drive Mail Stop 2002, Gaithersburg, MD
20899. Organizations whose letters of
interest are accepted in accordance with
the process set forth in the
SUPPLEMENTARY INFORMATION section of
this notice will be asked to sign a
Cooperative Research and Development
Agreement (CRADA) with NIST. A
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Pages 85930-85932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28703]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-844]
Certain Carbon and Alloy Steel Cut-To-Length Plate From the
Federal Republic of Germany: Amended Preliminary Determination of Sales
at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On November 14, 2016, the Department of Commerce (the
Department) published in the Federal Register the Preliminary
Determination of the antidumping duty investigation of certain carbon
and alloy steel cut-to-length plate (CTL plate) from the Federal
Republic of Germany (Germany). The Department is amending the
Preliminary Determination of the investigation to correct three
ministerial errors.
DATES: Effective November 29, 2016.
FOR FURTHER INFORMATION CONTACT: Ross Belliveau or David J. Goldberger,
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) 482-4952 or (202)
482-4136, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2016, the Department published in the Federal
Register the Preliminary Determination of CTL plate from Germany.\1\ On
November 14, 2016, Nucor Corporation (Nucor), a petitioner in this
investigation, alleged that the Department made significant ministerial
errors in the Preliminary Determination.\2\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Federal Republic of Germany: Preliminary Determination of Sales
at Less Than Fair Value and Postponement of Final Determination, 81
FR 79446 (November 14, 2016) (Preliminary Determination).
\2\ See letter from Nucor entitled, ``Nucor's Ministerial Error
Comments Regarding Salzgitter,'' dated November 14, 2016 (Nucor
Letter).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is CTL plate from
Germany. For a full description of the scope of this investigation, see
the ``Scope of the Investigation,'' in Appendix I of this notice.
Significant Ministerial Error
A ministerial error is defined in 19 CFR 351.224(f) as ``an error
in addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' Further, 19 CFR 351.224(e) provides that the Department
``will analyze any comments received and, if appropriate, correct any
significant ministerial error by amending the preliminary
determination.'' A significant ministerial error is defined as a
ministerial error, the correction of which, singly or in combination
with other errors, would result in: (1) A change of at least five
absolute percentage points in, but not less than 25 percent of, the
weighted-average dumping margin calculated in the original (erroneous)
preliminary determination; or (2) a difference between a weighted-
average dumping margin of zero or de minimis and a weighted-average
dumping margin of greater than de minimis or vice versa.\3\
---------------------------------------------------------------------------
\3\ See 19 CFR 351.224(g)(1) and (2).
---------------------------------------------------------------------------
Ministerial Error Allegations
Nucor alleges that the Department made three ministerial errors in
its calculation of the preliminary determination margin for Ilsenburger
Grobblech GmbH, Salzgitter Mannesmann Grobblech GmbH, Salzgitter
Flachstahl GmbH, and Salzgitter Mannesmann International GmbH
(collectively, Salzgitter):
In making the adjustment to U.S. price for reported
freight revenue and capping that adjustment by the reported freight
expense, the Department did not include freight revenue reported as a
billing adjustment in the freight revenue cap.
The Department recalculated U.S. credit expenses
incorrectly by deducting freight revenue from the U.S. price used in
the calculation. However, the reported U.S. price did not include
freight revenue.
The Department made an adjustment to U.S. price for
inventory carrying expenses without converting the reported amount from
euros to U.S. dollars.
We agree that the alleged errors were made. Moreover, pursuant to
19 CFR 351.224(g)(2), these ministerial errors are significant because
the correction of these errors results in a change from a weighted-
average dumping margin of zero or de minimis to a weighted-average
dumping margin of greater than de minimis. Therefore, we are correcting
the ministerial errors alleged by Nucor and we are amending our
preliminary determination accordingly.\4\
---------------------------------------------------------------------------
\4\ See Memorandum to the File entitled ``Amended Preliminary
Determination Margin Calculation for Salzgitter'' (Amended
Preliminary Determination Memorandum) for further discussion of our
calculations for this amended preliminary determination.
---------------------------------------------------------------------------
Amended Preliminary Determination
We are amending the preliminary determination of sales at less-
than-fair-value for CTL plate from Germany to reflect the correction of
ministerial errors made in the margin calculation of that determination
for Salzgitter. In addition, because we calculated a de minimis
weighted-average dumping margin for Salzgitter in the Preliminary
Determination, the preliminary ``All-Others'' Rate was based on the
estimated weighted-average dumping margin calculated for Dillinger, the
other mandatory respondent in this investigation. Thus, we are also
amending the ``All-Others'' rate to account for the change in the
Salzgitter margin. Accordingly, we are amending the calculation of the
all-others rate to base it on the weighted-average of the margins
calculated for Dillinger and Salzgitter 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.\5\ As a
result of the
[[Page 85931]]
correction of the ministerial error, the revised weighted-average
dumping margins are as follows:
---------------------------------------------------------------------------
\5\ 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). For further discussion of the amended
calculation of the all-others rate, see Amended Preliminary
Determination Memorandum.
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer dumping margin
(percent)
------------------------------------------------------------------------
AG der Dillinger H[uuml]ttenwerke.................... 6.56
Ilsenburger Grobblech GmbH, Salzgitter Mannesmann 5.00
Grobblech GmbH, Salzgitter Flachstahl GmbH, and
Salzgitter Mannesmann International GmbH............
All[dash]Others...................................... 5.17
------------------------------------------------------------------------
Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates established in this amended
preliminary determination, in accordance with section 733(d) and (f) of
the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.224.
Because the rates are increasing from the Preliminary Determination,
the amended cash deposit rates will be effective on the date of
publication of this notice in the Federal Register.
International Trade Commission Notification
In accordance with section 733(f) of the Act, we notified the
International Trade Commission of our amended preliminary
determination.
Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the amended
preliminary determination, in accordance with 19 CFR 351.224.
This amended preliminary determination is issued and published in
accordance with sections 733(f) and 777(i) of the Act and 19 CFR
351.224(e).
Dated: November 21, 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;
[[Page 85932]]
(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) 320-350 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 75 ksi min and UTS 95 ksi 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 145 ksi or
more and UTS 160 ksi 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.
[FR Doc. 2016-28703 Filed 11-28-16; 8:45 am]
BILLING CODE 3510-DS-P
