Certain Carbon and Alloy Steel Cut-to-Length Plate From France: Amended Preliminary Determination of Sales at Less Than Fair Value, 87019-87021 [2016-28983]
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87019
Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–428]
Certain Carbon and Alloy Steel Cut-toLength Plate From France: Amended
Preliminary Determination of Sales at
Less Than Fair Value
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-tolength plate (CTL plate) from France.
The Department is amending the
Preliminary Determination of the
investigation to correct two significant
ministerial errors.
DATES: Effective December 2, 2016.
FOR FURTHER INFORMATION CONTACT:
Brandon Custard or Terre Keaton
Stefanova, 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) 482–1823 or
(202) 482–1280, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 14, 2016, the
Department published in the Federal
Register the Preliminary Determination
of CTL plate from France.1 On
November 14, 2016, Dillinger France
S.A., (Dillinger France) a respondent in
this investigation, alleged that the
Department made a significant
ministerial error in the Preliminary
Determination.2
Scope of the Investigation
The product covered by this
investigation is CTL plate from France.
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
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A ministerial error is defined in 19
CFR 351.224(f) as ‘‘an error in addition,
1 See Certain Carbon and Alloy Steel Cut-toLength Plate From France: Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 79437
(November 14, 2016) (Preliminary Determination).
2 See letter from Dillinger France regarding,
‘‘Certain Carbon and Alloy Steel Cut-To-Length
Plate from France; Ministerial Error Allegation,’’
dated November 14, 2016 (Ministerial Error
Allegation Letter).
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17:55 Dec 01, 2016
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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 Allegation
Dillinger France alleges that the
Department erred in its preliminary
determination by not excluding
Dillinger France’s intra-company sales
from its U.S. sales database, which
resulted in the double-counting of these
sales in the margin calculation. No other
party commented on this issue. After
comparing the ministerial error
allegation against the U.S. sales
databases, we agree with the respondent
that we inadvertently double-counted
its intra-company U.S. sales.
Additionally, we identified a further
error in the preliminary determination
margin calculation. Specifically, we
inadvertently failed to cap certain
reported freight revenue and to offset
the movement expenses by this
additional capped freight revenue
amount.
Pursuant to 19 CFR 351.224(g)(2),
these errors are significant because their
correction results in 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 preliminary
determination (i.e., change from a
weighted-average dumping margin of
12.97 percent to 6.43 percent).
Therefore, we are correcting these errors
and amending our preliminary
determination accordingly.4
19 CFR 351.224(g)(1) and (2).
Memorandum to the File entitled
‘‘Amended Preliminary Determination Margin
Calculation for Dillinger France S.A.’’ (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 France to
reflect the correction of significant
ministerial errors made in the margin
calculation of that determination for
Dillinger France in accordance with 19
CFR 351.224(e). The ‘‘All-Others’’ Rate
was based on the simple average of the
margins calculated for Dillinger France
and Industeel France S.A. (Industeel),
the other mandatory respondent in this
investigation. Thus, we are also
amending the ‘‘All-Others’’ rate to
account for the change in Dillinger
France’s margin. We are amending the
calculation of the all-others rate to base
it on the weighted average of the
margins calculated for Dillinger France
and Industeel 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 weightedaverage margin determined for these
respondents.5 As a result of the
correction of the ministerial error, the
revised weighted-average dumping
margins are as follows:
Exporter/manufacturer
Weightedaverage
dumping
margin
(percent)
Dillinger France S.A .............
Industeel France S.A ............
All Others ..............................
6.43
4.26
6.33
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) of the Tariff Act of 1930,
as amended (the Act). Because these
amended rates result in reduced cash
deposit rates, they will be effective
retroactively to November 14, 2016, the
date of publication of the Preliminary
Determination.
International Trade Commission
Notification
In accordance with section 733(f) of
the Act, we notified the International
3 See
4 See
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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. 232 / Friday, December 2, 2016 / Notices
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 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
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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 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.
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Jkt 241001
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,
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• 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:
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Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Notices
(a) Made from Electric Arc Furnace melted,
ladle refined & vacuum degassed, alloy steel
with the following chemical composition
(expressed in weight percentages):
• Carbon 0.25–0.30,
• Silicon not greater than 0.25,
• Manganese not greater than 0.50,
• Nickel 3.0–3.5,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
• Chromium 1.0–1.5,
• Molybdenum 0.6–0.9,
• Vanadium 0.08 to 0.12
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.0(t) and 0.5(h), B not
exceeding 1.5(t) and 1.0(h), C not exceeding
1.0(t) and 0.5(h), and D not exceeding 1.5(t)
and 1.0(h);
(c) Having the following mechanical
properties: A Brinell hardness not less than
350 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 145ksi or more and UTS
160ksi or more, Elongation of 15% or more
and Reduction of area 35% or more; having
charpy V at ¥40 degrees F in the transverse
direction equal or greater than 20 ft. lbs
(single value) and equal or greater than 25 ft.
lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 3.2 mm flat bottom hole;
and
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301.
The products subject to the investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.40.3030,
7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the investigation
may also enter under the following HTSUS
item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.10.0000, 7214.30.0010, 7214.30.0080,
7214.91.0015, 7214.91.0060, 7214.91.0090,
7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7226.11.1000,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.0500, 7226.91.1530, 7226.91.1560,
7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
[FR Doc. 2016–28983 Filed 12–1–16; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–469–805]
Notice of Final Results of Antidumping
Duty Changed Circumstances Review:
Stainless Steel Bar From Spain
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On October 26, 2016, the
Department of Commerce (the
‘‘Department’’) published the notice of
initiation and preliminary results of the
changed circumstances review of the
antidumping duty (‘‘AD’’) order on
stainless steel bar (‘‘SSB’’) from Spain.
The Department preliminarily
determined that Sidenor Aceros
Especiales S.L. (‘‘Sidenor’’) is the
successor-in-interest to Gerdau Aceros
Especiales Europa S.L. (‘‘Gerdau’’) for
purposes of the AD order and, as such,
is entitled to Gerdau’s cash deposit rate
with respect to entries of subject
merchandise. We invited interested
parties to comment on the Preliminary
Results. As no parties submitted
comments, and there is no additional
information or evidence on the record,
the Department is making no changes to
the Preliminary Results.
DATES: Effective December 2, 2016.
FOR FURTHER INFORMATION CONTACT:
Ryan Mullen, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–5260.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 6, 2016, Sidenor
informed the Department that, effective
May 20, 2016, the following occurred:
(1) Gerdau S.A., the Brazilian owner of
Gerdau Holdings Europa S.A.U.,
including its Spanish subsidiary
company Gerdau, sold its European
holdings to Clerbil S.L.; and (2) Clerbil
S.L. renamed Gerdau Holdings Europa
S.A.U. to be Sidenor Holdings Europa
S.A.U.; and Gerdau, to be Sidenor,
while leaving its operations mostly
unchanged.1 Citing section 751(b) of the
of the Tariff Act of 1930, as amended
(‘‘the Act’’) and 19 CFR 351.216,
Sidenor requested that the Department
initiate a changed circumstances review
and determine that Sidenor is the
successor-in-interest to Gerdau. On
1 See Letter to the Secretary of Commerce from
Sidenor, ‘‘Stainless Steel Bar from Spain: Sidenor
request for changed-circumstances review’’
(September 22, 2016) at 3–6.
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87021
October 26, 2016, the Department
initiated this changed circumstances
review and published the notice of
preliminary results, determining that
Sidenor is the successor-in-interest to
Gerdau.2
Scope of the Order
The merchandise subject to the order
is SSB. The term SSB with respect to the
order means articles of stainless steel in
straight lengths that have been either
hot-rolled, forged, turned, cold-drawn,
cold-rolled or otherwise cold-finished,
or ground, having a uniform solid cross
section along their whole length in the
shape of circles, segments of circles,
ovals, rectangles (including squares),
triangles, hexagons, octagons or other
convex polygons. SSB includes coldfinished SSBs that are turned or ground
in straight lengths, whether produced
from hot-rolled bar or from straightened
and cut rod or wire, and reinforcing bars
that have indentations, ribs, grooves, or
other deformations produced during the
rolling process. Except as specified
above, the term does not include
stainless steel semi-finished products,
cut length flat-rolled products (i.e., cut
length rolled products which if less than
4.75 mm in thickness have a width
measuring at least 10 times the
thickness, or if 4.75 mm or more in
thickness having a width which exceeds
150 mm and measures at least twice the
thickness), wire (i.e., cold-formed
products in coils, of any uniform solid
cross section along their whole length,
which do not conform to the definition
of flat-rolled products), and angles,
shapes and sections. The SSB subject to
the order is currently classifiable under
subheadings 7222.10.00, 7222.11.00,
7222.19.00, 7222.20.00, 7222.30.00 of
the Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Although the
HTSUS subheading is provided for
convenience and customs purposes, our
written description of the scope of this
investigation is dispositive.3
Final Results of Changed
Circumstances Review
Because no party submitted a case
brief in response to the Department’s
Preliminary Results, and because the
record contains no other information or
evidence that calls into question the
Preliminary Results, the Department
2 See Stainless Steel Bar From Spain: Initiation
and Preliminary Results of Changed Circumstances
Review, 81 FR 74401 (October 26, 2016)
(Preliminary Results).
3 The HTSUS numbers provided in the scope
have changed since the publication of the order. See
Amended Final Determination and Antidumping
Duty Order: Stainless Steel Bar From Spain, 60 FR
11656 (March 2, 1995).
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]]>Agencies
[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Notices]
[Pages 87019-87021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28983]
[[Page 87019]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-428]
Certain Carbon and Alloy Steel Cut-to-Length Plate From France:
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 France. The
Department is amending the Preliminary Determination of the
investigation to correct two significant ministerial errors.
DATES: Effective December 2, 2016.
FOR FURTHER INFORMATION CONTACT: Brandon Custard or Terre Keaton
Stefanova, 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-
1823 or (202) 482-1280, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2016, the Department published in the Federal
Register the Preliminary Determination of CTL plate from France.\1\ On
November 14, 2016, Dillinger France S.A., (Dillinger France) a
respondent in this investigation, alleged that the Department made a
significant ministerial error in the Preliminary Determination.\2\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate From
France: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 81 FR 79437 (November 14,
2016) (Preliminary Determination).
\2\ See letter from Dillinger France regarding, ``Certain Carbon
and Alloy Steel Cut-To-Length Plate from France; Ministerial Error
Allegation,'' dated November 14, 2016 (Ministerial Error Allegation
Letter).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is CTL plate from France.
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 Allegation
Dillinger France alleges that the Department erred in its
preliminary determination by not excluding Dillinger France's intra-
company sales from its U.S. sales database, which resulted in the
double-counting of these sales in the margin calculation. No other
party commented on this issue. After comparing the ministerial error
allegation against the U.S. sales databases, we agree with the
respondent that we inadvertently double-counted its intra-company U.S.
sales. Additionally, we identified a further error in the preliminary
determination margin calculation. Specifically, we inadvertently failed
to cap certain reported freight revenue and to offset the movement
expenses by this additional capped freight revenue amount.
Pursuant to 19 CFR 351.224(g)(2), these errors are significant
because their correction results in 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 preliminary
determination (i.e., change from a weighted-average dumping margin of
12.97 percent to 6.43 percent). Therefore, we are correcting these
errors and amending our preliminary determination accordingly.\4\
---------------------------------------------------------------------------
\4\ See Memorandum to the File entitled ``Amended Preliminary
Determination Margin Calculation for Dillinger France S.A.''
(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 France to reflect the correction of
significant ministerial errors made in the margin calculation of that
determination for Dillinger France in accordance with 19 CFR
351.224(e). The ``All-Others'' Rate was based on the simple average of
the margins calculated for Dillinger France and Industeel France S.A.
(Industeel), the other mandatory respondent in this investigation.
Thus, we are also amending the ``All-Others'' rate to account for the
change in Dillinger France's margin. We are amending the calculation of
the all-others rate to base it on the weighted average of the margins
calculated for Dillinger France and Industeel 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 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)
------------------------------------------------------------------------
Dillinger France S.A.................................... 6.43
Industeel France S.A.................................... 4.26
All Others.............................................. 6.33
------------------------------------------------------------------------
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) of the
Tariff Act of 1930, as amended (the Act). Because these amended rates
result in reduced cash deposit rates, they will be effective
retroactively to November 14, 2016, the date of publication of the
Preliminary Determination.
International Trade Commission Notification
In accordance with section 733(f) of the Act, we notified the
International
[[Page 87020]]
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 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are certain carbon
and alloy steel hot-rolled or forged flat plate products not in
coils, whether or not painted, varnished, or coated with plastics or
other non-metallic substances (cut-to-length plate). Subject
merchandise includes plate that is produced by being cut-to-length
from coils or from other discrete length plate and plate that is
rolled or forged into a discrete length. The products covered
include (1) Universal mill plates (i.e., flat-rolled products rolled
on four faces or in a closed box pass, of a width exceeding 150 mm
but not exceeding 1250 mm, and of a thickness of not less than 4 mm,
which are not in coils and without patterns in relief), and (2) hot-
rolled or forged flat steel products of a thickness of 4.75 mm or
more and of a width which exceeds 150 mm and measures at least twice
the thickness, and which are not in coils, whether or not with
patterns in relief. The covered products described above may be
rectangular, square, circular or other shapes and include products
of either rectangular or non-rectangular cross-section where such
non-rectangular cross-section is achieved subsequent to the rolling
process, i.e., products which have been ``worked after rolling''
(e.g., products which have been beveled or rounded at the edges).
For purposes of the width and thickness requirements referenced
above, the following rules apply:
(1) Except where otherwise stated where the nominal and actual
thickness or width measurements vary, a product from a given subject
country is within the scope if application of either the nominal or
actual measurement would place it within the scope based on the
definitions set forth above; and
(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of this investigation are
products in which: (1) Iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is 2
percent or less by weight.
Subject merchandise includes cut-to-length plate that has been
further processed in the subject country or a third country,
including but not limited to pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing, painting, varnishing,
trimming, cutting, punching, beveling, and/or slitting, or any other
processing that would not otherwise remove the merchandise from the
scope of the investigation if performed in the country of
manufacture of the cut-to-length plate.
All products that meet the written physical description, are
within the scope of this investigation unless specifically excluded
or covered by the scope of an existing order. The following products
are outside of, and/or specifically excluded from, the scope of this
investigation:
(1) Products clad, plated, or coated with metal, whether or not
painted, varnished or coated with plastic or other non-metallic
substances;
(2) military grade armor plate certified to one of the following
specifications or to a specification that references and
incorporates one of the following specifications:
MIL-A-12560,
MIL-DTL-12560H,
MIL-DTL-12560J,
MIL-DTL-12560K,
MIL-DTL-32332,
MIL-A-46100D,
MIL-DTL-46100-E,
MIL-46177C,
MIL-S-16216K Grade HY80,
MIL-S-16216K Grade HY100,
MIL-S-24645A HSLA-80;
MIL-S-24645A HSLA-100,
T9074-BD-GIB-010/0300 Grade HY80,
T9074-BD-GIB-010/0300 Grade HY100,
T9074-BD-GIB-010/0300 Grade HSLA80,
T9074-BD-GIB-010/0300 Grade HSLA100, and
T9074-BD-GIB-010/0300 Mod. Grade HSLA115,
except that any cut-to-length plate certified to one of the above
specifications, or to a military grade armor specification that
references and incorporates one of the above specifications, will
not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would
fall within the scope of this order;
(3) stainless steel plate, containing 10.5 percent or more of
chromium by weight and not more than 1.2 percent of carbon by
weight;
(4) CTL plate meeting the requirements of ASTM A-829, Grade E
4340 that are over 305 mm in actual thickness;
(5) Alloy forged and rolled CTL plate greater than or equal to
152.4 mm in actual thickness meeting each of the following
requirements:
(a) Electric furnace melted, ladle refined & vacuum degassed and
having a chemical composition (expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.20,
Manganese 1.20-1.60,
Nickel not greater than 1.0,
Sulfur not greater than 0.007,
Phosphorus not greater than 0.020,
Chromium 1.0-2.5,
Molybdenum 0.35-0.80,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) With a Brinell hardness measured in all parts of the product
including mid thickness falling within one of the following ranges:
(i) 270-300 HBW,
(ii) 290-320 HBW, or
(iii) 320-350HBW;
(c) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not
exceeding 0.5, D not exceeding 1.5; and
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 2 mm flat bottom hole;
(6) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, Ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.15,
Manganese 1.20-1.50,
Nickel not greater than 0.4,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.20-1.50,
Molybdenum 0.35-0.55,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
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:
[[Page 87021]]
(a) Made from Electric Arc Furnace melted, ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.25-0.30,
Silicon not greater than 0.25,
Manganese not greater than 0.50,
Nickel 3.0-3.5,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.0-1.5,
Molybdenum 0.6-0.9,
Vanadium 0.08 to 0.12
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding
1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not
exceeding 1.5(t) and 1.0(h);
(c) Having the following mechanical properties: A Brinell
hardness not less than 350 HBW measured in all parts of the product
including mid thickness; and having a Yield Strength of 145ksi or
more and UTS 160ksi or more, Elongation of 15% or more and Reduction
of area 35% or more; having charpy V at -40 degrees F in the
transverse direction equal or greater than 20 ft. lbs (single value)
and equal or greater than 25 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301.
The products subject to the investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000,
7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and
7226.91.5000.
The products subject to the investigation may also enter under
the following HTSUS item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500,
7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000,
7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060,
7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530,
7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
[FR Doc. 2016-28983 Filed 12-1-16; 8:45 am]
BILLING CODE 3510-DS-P
