Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil, South Africa, and the Republic of Turkey: Affirmative Final Determinations of Sales at Less Than Fair Value and Affirmative Final Determinations of Critical Circumstances for Brazil and the Republic of Turkey, 87544-87548 [2016-29071]

Download as PDF 87544 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices International Trade Administration comments regarding the scope of these investigations. Additionally, no interested party requested a hearing. orders. The scope in Appendix I and Appendix II reflects, respectively, the final scope language. [A–351–847, A–791–822, A–489–828] Scope of the Investigations Verification Certain Carbon and Alloy Steel Cut-toLength Plate From Brazil, South Africa, and the Republic of Turkey: Affirmative Final Determinations of Sales at Less Than Fair Value and Affirmative Final Determinations of Critical Circumstances for Brazil and the Republic of Turkey The products covered by these investigations are CTL plate. For a full description of the scope of the Brazil and Turkey investigations, see the ‘‘Scope of the Investigations: Brazil and Turkey,’’ in Appendix I of this notice. For a full description of the scope of the South Africa investigation, see the ‘‘Scope of the Investigation: South Africa,’’ in Appendix II of this notice. Prior to the Preliminary LTFV Determinations, the Department issued a Preliminary Scope Decision Memorandum.2 Since the Preliminary LTFV Determinations, the Department issued an Additional Preliminary Scope Decision Memorandum, which referenced several changes to the scope.3 Subsequently, various interested parties submitted case 4 and rebuttal 5 briefs concerning scope. The Department reviewed these briefs, considered the arguments therein, and is not making any additional changes to the scope of the investigations. For further discussion, see the Department’s Final Scope Decision Memorandum.6 The Department is modifying the scope language as it appeared in the Preliminary LTFV Determinations to provide a precise reference, where applicable, to the existing hot-rolled flat-rolled steel antidumping duty Because the mandatory respondents in these investigations did not provide the information requested, the Department did not conduct verifications. DEPARTMENT OF COMMERCE Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: The Department of Commerce (the Department) determines that imports of certain carbon and alloy steel cut-to-length plate (CTL Plate) from Brazil, South Africa, and the Republic of Turkey (Turkey) are being, or likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2015, through March 31, 2016. The final estimated dumping margins of sales at LTFV are shown in the ‘‘Final Determinations’’ section of this notice. DATES: Effective December 5, 2016. FOR FURTHER INFORMATION CONTACT: Mark Kennedy at (202) 482–7883 (Brazil); Julia Hancock or Susan Pulongbarit at (202) 482–1394 or (202) 482–4031, respectively (South Africa); or Dmitry Vladimirov at (202) 482–0665 (Turkey), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: sradovich on DSK3GMQ082PROD with NOTICES Background On September 7, 2016, and September 22, 2016, the Department published, respectively, the preliminary affirmative determinations of critical circumstances concerning Brazil and Turkey, and the preliminary affirmative determinations of sales at LTFV in the investigations of CTL Plate from Brazil, South Africa, and Turkey.1 We invited interested parties to comment on these preliminary determinations. We only received 1 See Certain Carbon and Alloy Steel Cut-toLength Plate From Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey; Antidumping and Countervailing Duty Investigations: Preliminary Determinations of Critical Circumstances, 81 FR 61666 (September 7, 2016) (Preliminary Critical Circumstances Determinations); and Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil, South Africa, and the Republic of Turkey: Affirmative Preliminary Determinations of Sales at Less Than Fair Value, 81 FR 65337 (September 22, 2016) (Preliminary LTFV Determinations). VerDate Sep<11>2014 19:12 Dec 02, 2016 Jkt 241001 2 See Preliminary LTFV Determinations, 81 FR at 65337–38. 3 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: 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). 4 These parties include Misumi USA, Inc., PCS Company, Hitachi Metals, Ltd., Friedr. Lohmann GmbH, AG der Dillinger Huettenwerke, Dillinger France S.A., voestalpine AG, voestalpine Grobblech GmbH, voestalpine Steel & Service Center GmbH, Bohler Bleche GmbH & Co KG, Bohler Uddeholm Corporation, Simonds International Holding, Inc., and The KnifeSource LLC. 5 These parties include ArcelorMittal USA LLC, Nucor Corporation, and SSAB Enterprises, LLC (collectively, the petitioners). 6 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: Final Scope Comments Decision Memorandum,’’ dated November 29, 2016 (Final Scope Decision Memorandum). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Analysis of Comments Received, Changes Since the Preliminary Determinations, and Use of Adverse Facts Available As noted above, we received no comments pertaining to the Preliminary LTFV Determinations. As stated in the Preliminary LTFV Determinations, we found that the mandatory respondents in these investigations, Companhia Siderurgica Nacional (CSN) and Usinas Siderurgicas de Minas Gerais SA (Usiminas) (Brazil), Evraz Highveld Steel and Vanadium Corp. (Evraz ˘ Highveld) (South Africa) and Eregli Demir ve Celik Fabrikalari T.A.S. ¸ ¸ (Erdemir) (Turkey), did not cooperate to the best of their abilities and, accordingly, we determined it appropriate to apply facts otherwise available with adverse inferences, in accordance with section 776(a)–(b) of the Tariff Act of 1930, as amended (the Act).7 For the purposes of the final determinations, the Department has made no changes to the Preliminary LTFV Determinations. Final Affirmative Determinations of Critical Circumstances For Brazil, in accordance with section 733(e) of the Act and 19 CFR 351.206, we preliminarily found that critical circumstances exist with respect to the mandatory respondents, CSN and Usiminas, and the ‘‘All-Others’’ group.8 For Turkey, in accordance with section 733(e) of the Act and 19 CFR 351.206, we preliminarily found that critical circumstances exist with respect to the mandatory respondent, Erdemir, and the ‘‘All-Others’’ group.9 As stated above, the Department did not receive any comments concerning the preliminary determinations. Thus, for these final determinations, we continue to find that, in accordance with section 735(a)(3) of the Act and 19 CFR 351.206, critical circumstances exist for imports from all producers and exporters of CTL plate from Brazil and Turkey. 7 See Preliminary LTFV Determinations, 81 FR at 65338. 8 See Preliminary Critical Circumstances Determinations. 9 Id. E:\FR\FM\05DEN1.SGM 05DEN1 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices withdrawn from warehouse, for consumption on or after June 24, 2016 (90 days prior to the date of publication of the Preliminary LTFV Determinations) because we continue to find that critical circumstances exist with regard to imports from all producers and exporters of CTL Plate from Brazil and Turkey. In accordance with section Final Determinations 735(c)(1)(B) of the Act, for this final determination, the Department will The final estimated weighted-average instruct CBP to continue to suspend dumping margins are as follows: liquidation of all entries of CTL Plate from South Africa, as described in BRAZIL Appendix II of this notice, which were Weighted- entered, or withdrawn from warehouse, average for consumption on or after September Exporter/producer dumping 22, 2016, the date of publication of the margin preliminary determination of the South (percent) Africa investigation in the Federal Companhia Siderurgica Nacional 74.52 Register. With respect to Brazil, pursuant to Usinas Siderurgicas de Minas Gerais SA ................................ 74.52 pursuant to section 735(c)(1)(B)(ii) of All Others .................................... 74.52 the Act, CBP shall require a cash deposit equal to the weighted-average amount by which normal value exceeds U.S. SOUTH AFRICA price, as follows: (1) For CSN and Weighted- Usiminas, the cash deposit rate will be equal to the estimated weighted-average average Exporter/producer dumping dumping margin which the Department margin determined in this final determination; (percent) (2) if the exporter is not a firm identified in this investigation but the producer is, Evraz Highveld Steel and Vanadium Corp. .............................. 94.14 then the cash deposit rate will be equal All Others .................................... 87.72 to the estimated weighted-average dumping margin established for the producer of the subject merchandise; (3) TURKEY the cash deposit rate for all other producers or exporters will be 74.52 Weightedpercent, as discussed in the ‘‘All Others average Rate’’ section, above. Exporter/producer dumping With respect to South Africa, margin (percent) pursuant to section 735(c)(1)(B)(ii) of the Act, CBP shall require a cash deposit ˘ Eregli Demir ve Celik Fabrikalari ¸ equal to the weighted-average amount T.A.S. ...................................... 50.00 ¸ All Others .................................... 42.02 by which normal value exceeds U.S. price, as follows: (1) For Evraz Highveld, the cash deposit rate will be Continuation of Suspension of equal to the estimated weighted-average Liquidation dumping margin which the Department In accordance with section determined in this final determination; 735(c)(4)(A) of the Act, for these final (2) if the exporter is not a firm identified determinations, we will instruct U.S. in this investigation but the producer is, Customs and Border Protection (CBP) to then the cash deposit rate will be equal continue to suspend liquidation of all to the estimated weighted-average entries of CTL Plate from Brazil and dumping margin established for the Turkey, as described in Appendix I of producer of the subject merchandise; (3) this notice, which were entered, or the cash deposit rate for all other producers or exporters will be 87.72 10 See Letter to the Secretary of Commerce from percent, as discussed in the ‘‘All Others the petitioners, ‘‘Certain Carbon and Alloy Steel Rate’’ section, above. Cut-to-Length Plate from Austria, Belgium, Brazil, With respect to Turkey, pursuant to the People’s Republic of China, France, the Federal section 735(c)(1)(B)(ii) of the Act, CBP Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey—Petitions shall require a cash deposit equal to the for the Imposition of Antidumping and weighted-average amount by which Countervailing Duties,’’ dated April 8, 2016 (the normal value exceeds U.S. price, as Petitions). follows: (1) For Erdemir, the cash 11 See Preliminary LTFV Determinations, 81 FR at 65338. deposit rate will be equal to the sradovich on DSK3GMQ082PROD with NOTICES All-Others Rate As discussed in the Preliminary LTFV Determinations, the Department based the selection of the ‘‘All-Others’’ rates in Brazil, South Africa, and Turkey, on the Petitions,10 in accordance with section 735(c)(5)(B) of the Act. We made no changes to the selection of these rates for these final determinations.11 VerDate Sep<11>2014 19:12 Dec 02, 2016 Jkt 241001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 87545 estimated weighted-average dumping margin which the Department determined in this final determination; (2) if the exporter is not a firm identified in this investigation but the producer is, then the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the producer of the subject merchandise; (3) the cash deposit rate for all other producers or exporters will be 42.02 percent, as discussed in the ‘‘All Others Rate’’ section, above. These instructions suspending liquidation will remain in effect until further notice. Disclosure The weighted-average dumping margins assigned to the mandatory respondents in these investigations in the Preliminary LTFV Determinations were based on adverse facts available. As we made no changes to these margins since the Preliminary LTFV Determinations, no disclosure of calculations is necessary for these final determinations. International Trade Commission Notification In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of the final affirmative determinations of sales at LTFV and final affirmative determinations of critical circumstances for Brazil and Turkey. Because the final determinations in these proceedings are affirmative, the ITC will make its final determinations as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of CTL Plate from Brazil, South Africa, and Turkey, in accordance with section 735(b)(2) of the Act. If the ITC determines that such injury does not exist, these proceedings will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury exists, the Department will issue antidumping duty orders directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding Administrative Protective Orders This notice serves as a reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance E:\FR\FM\05DEN1.SGM 05DEN1 87546 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. These determinations are issued and published in accordance with sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c). Dated: November 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. sradovich on DSK3GMQ082PROD with NOTICES Appendix I—Scope of the Investigations: Brazil and Turkey The products covered by these investigations are certain carbon and alloy steel hot-rolled or forged flat plate products not in coils, whether or not painted, varnished, or coated with plastics or other non-metallic substances (cut-to-length plate). Subject merchandise includes plate that is produced by being cut-to-length from coils or from other discrete length plate and plate that is rolled or forged into a discrete length. The products covered include (1) Universal 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 (i.e., Certain Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Amended Final Affirmative Antidumping Determinations for Australia, the Republic of Korea, and the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 (October 3, 2016)); 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 VerDate Sep<11>2014 19:12 Dec 02, 2016 Jkt 241001 non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of the investigations are products in which: (1) Iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is 2 percent or less by weight. Subject merchandise includes cut-to-length plate that has been further processed in the subject country or a third country, including but not limited to pickling, oiling, levelling, annealing, tempering, temper rolling, skin passing, painting, varnishing, trimming, cutting, punching, beveling, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of these investigations if performed in the country of manufacture of the cut-tolength plate. All products that meet the written physical description, are within the scope of these investigations unless specifically excluded or covered by the scope of an existing order. The following products are outside of, and/ or specifically excluded from, the scope of these investigations: (1) Products clad, plated, or coated with metal, whether or not painted, varnished or coated with plastic or other non-metallic substances; (2) military grade armor plate certified to one of the following specifications or to a specification that references and incorporates one of the following specifications: • MIL–A–12560, • MIL–DTL–12560H, • MIL–DTL–12560J, • MIL–DTL–12560K, • 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: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 (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) 320–350 HBW; (c) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not exceeding 0.5, D not exceeding 1.5; and (d) Conforming to ASTM A578–S9 ultrasonic testing requirements with acceptance criteria 2 mm flat bottom hole; (6) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: (a) Made from Electric Arc Furnace melted, Ladle refined & vacuum degassed, alloy steel with the following chemical composition (expressed in weight percentages): • Carbon 0.23–0.28, • Silicon 0.05–0.15, • Manganese 1.20–1.50, • Nickel not greater than 0.4, • Sulfur not greater than 0.010, • Phosphorus not greater than 0.020, • Chromium 1.20–1.50, • Molybdenum 0.35–0.55, • Boron 0.002–0.004, • Oxygen not greater than 20 ppm, • Hydrogen not greater than 2 ppm, and • Nitrogen not greater than 60 ppm; (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not exceeding 1.0, D not exceeding 1.5; (c) Having the following mechanical properties: (i) With a Brinell hardness not more than 237 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or more and Reduction of area 35% or more; having charpy V at ¥75 degrees F in the longitudinal direction equal or greater than 15 ft. lbs (single value) and equal or greater than 20 ft. lbs (average of 3 specimens) and conforming to the requirements of NACE MR01–75; or (ii) With a Brinell hardness not less than 240 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 90ksi min and UTS 110ksi 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); E:\FR\FM\05DEN1.SGM 05DEN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices (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 investigations are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 7226.91.5000. The products subject to the investigations may also enter under the following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 7226.91.8000, and 7226.99.0180. The HTSUS subheadings above are provided for convenience and customs VerDate Sep<11>2014 19:12 Dec 02, 2016 Jkt 241001 purposes only. The written description of the scope of the investigations is dispositive. Appendix II—Scope of the Investigation: South Africa 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 the 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 this 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: PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 87547 (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) 320–350 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; E:\FR\FM\05DEN1.SGM 05DEN1 sradovich on DSK3GMQ082PROD with NOTICES 87548 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Notices (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 VerDate Sep<11>2014 19:12 Dec 02, 2016 Jkt 241001 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. 2016–29071 Filed 12–2–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration This notice advises the public that six direct take permits have been issued pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973 (ESA) for continued operation, monitoring, and evaluation of hatchery program rearing and releasing salmon in Northeast Oregon and Southeast Washington portions of the Snake River basin, and associated decision documents. The permits were issued to the Oregon Department of Fish and Wildlife, Washington Department of Fish and Wildlife, and the Bureau of Indian Affairs. DATES: The permits were issued on October 28, 2016, subject to certain conditions set forth therein. Subsequent to issuance, the necessary countersignatures by the applicants were received. The permits expire on December 31, 2027. ADDRESSES: Requests for copies of the decision documents or any of the other associated documents should be directed to the Sustainable Fisheries Division, NOAA’s National Marine Fisheries Service, 1201 NE Lloyd Blvd., Suite 1100, Portland, Oregon 97232. The documents are also available online at www.westcoast.fisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Brett Farman, Portland, Oregon, at phone number: (503) 231–6222, email: brett.farman@noaa.gov. SUPPLEMENTARY INFORMATION: This notice is relevant to the following species and evolutionarily significant units (ESUs): Chinook salmon (Oncorhynchus tshawytscha): Threatened, naturally produced and artificially propagated Snake River spring/summer. Steelhead (O. mykiss): Threatened, naturally produced and artificially propagated Snake River. SUMMARY: Dated: November 29, 2016. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016–29029 Filed 12–2–16; 8:45 am] BILLING CODE 3510–22–P RIN 0648–XF055 Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of decision and availability of decision documents on the issuance of six ESA section 10(a)(1)(A) research/enhancement permits for take of threatened species. AGENCY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF053 Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\05DEN1.SGM 05DEN1

Agencies

[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Notices]
[Pages 87544-87548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29071]



[[Page 87544]]

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DEPARTMENT OF COMMERCE

International Trade Administration

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


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

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

SUMMARY: The Department of Commerce (the Department) determines that 
imports of certain carbon and alloy steel cut-to-length plate (CTL 
Plate) from Brazil, South Africa, and the Republic of Turkey (Turkey) 
are being, or likely to be, sold in the United States at less than fair 
value (LTFV). The period of investigation (POI) is April 1, 2015, 
through March 31, 2016. The final estimated dumping margins of sales at 
LTFV are shown in the ``Final Determinations'' section of this notice.

DATES: Effective December 5, 2016.

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

SUPPLEMENTARY INFORMATION: 

Background

    On September 7, 2016, and September 22, 2016, the Department 
published, respectively, the preliminary affirmative determinations of 
critical circumstances concerning Brazil and Turkey, and the 
preliminary affirmative determinations of sales at LTFV in the 
investigations of CTL Plate from Brazil, South Africa, and Turkey.\1\ 
We invited interested parties to comment on these preliminary 
determinations. We only received comments regarding the scope of these 
investigations. Additionally, no interested party requested a hearing.
---------------------------------------------------------------------------

    \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate From 
Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey; 
Antidumping and Countervailing Duty Investigations: Preliminary 
Determinations of Critical Circumstances, 81 FR 61666 (September 7, 
2016) (Preliminary Critical Circumstances Determinations); and 
Certain Carbon and Alloy Steel Cut-to-Length Plate From Brazil, 
South Africa, and the Republic of Turkey: Affirmative Preliminary 
Determinations of Sales at Less Than Fair Value, 81 FR 65337 
(September 22, 2016) (Preliminary LTFV Determinations).
---------------------------------------------------------------------------

Scope of the Investigations

    The products covered by these investigations are CTL plate. For a 
full description of the scope of the Brazil and Turkey investigations, 
see the ``Scope of the Investigations: Brazil and Turkey,'' in Appendix 
I of this notice. For a full description of the scope of the South 
Africa investigation, see the ``Scope of the Investigation: South 
Africa,'' in Appendix II of this notice.
    Prior to the Preliminary LTFV Determinations, the Department issued 
a Preliminary Scope Decision Memorandum.\2\ Since the Preliminary LTFV 
Determinations, the Department issued an Additional Preliminary Scope 
Decision Memorandum, which referenced several changes to the scope.\3\ 
Subsequently, various interested parties submitted case \4\ and 
rebuttal \5\ briefs concerning scope. The Department reviewed these 
briefs, considered the arguments therein, and is not making any 
additional changes to the scope of the investigations. For further 
discussion, see the Department's Final Scope Decision Memorandum.\6\ 
The Department is modifying the scope language as it appeared in the 
Preliminary LTFV Determinations to provide a precise reference, where 
applicable, to the existing hot-rolled flat-rolled steel antidumping 
duty orders. The scope in Appendix I and Appendix II reflects, 
respectively, the final scope language.
---------------------------------------------------------------------------

    \2\ See Preliminary LTFV Determinations, 81 FR at 65337-38.
    \3\ 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: 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).
    \4\ These parties include Misumi USA, Inc., PCS Company, Hitachi 
Metals, Ltd., Friedr. Lohmann GmbH, AG der Dillinger Huettenwerke, 
Dillinger France S.A., voestalpine AG, voestalpine Grobblech GmbH, 
voestalpine Steel & Service Center GmbH, Bohler Bleche GmbH & Co KG, 
Bohler Uddeholm Corporation, Simonds International Holding, Inc., 
and The KnifeSource LLC.
    \5\ These parties include ArcelorMittal USA LLC, Nucor 
Corporation, and SSAB Enterprises, LLC (collectively, the 
petitioners).
    \6\ 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: Final Scope Comments 
Decision Memorandum,'' dated November 29, 2016 (Final Scope Decision 
Memorandum).
---------------------------------------------------------------------------

Verification

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

Analysis of Comments Received, Changes Since the Preliminary 
Determinations, and Use of Adverse Facts Available

    As noted above, we received no comments pertaining to the 
Preliminary LTFV Determinations. As stated in the Preliminary LTFV 
Determinations, we found that the mandatory respondents in these 
investigations, Companhia Siderurgica Nacional (CSN) and Usinas 
Siderurgicas de Minas Gerais SA (Usiminas) (Brazil), Evraz Highveld 
Steel and Vanadium Corp. (Evraz Highveld) (South Africa) and 
Ere[gbreve]li Demir ve [Ccedil]elik Fabrikalari T.A.[Scedil]. (Erdemir) 
(Turkey), did not cooperate to the best of their abilities and, 
accordingly, we determined it appropriate to apply facts otherwise 
available with adverse inferences, in accordance with section 776(a)-
(b) of the Tariff Act of 1930, as amended (the Act).\7\ For the 
purposes of the final determinations, the Department has made no 
changes to the Preliminary LTFV Determinations.
---------------------------------------------------------------------------

    \7\ See Preliminary LTFV Determinations, 81 FR at 65338.
---------------------------------------------------------------------------

Final Affirmative Determinations of Critical Circumstances

    For Brazil, in accordance with section 733(e) of the Act and 19 CFR 
351.206, we preliminarily found that critical circumstances exist with 
respect to the mandatory respondents, CSN and Usiminas, and the ``All-
Others'' group.\8\
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    \8\ See Preliminary Critical Circumstances Determinations.
---------------------------------------------------------------------------

    For Turkey, in accordance with section 733(e) of the Act and 19 CFR 
351.206, we preliminarily found that critical circumstances exist with 
respect to the mandatory respondent, Erdemir, and the ``All-Others'' 
group.\9\
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

    As stated above, the Department did not receive any comments 
concerning the preliminary determinations. Thus, for these final 
determinations, we continue to find that, in accordance with section 
735(a)(3) of the Act and 19 CFR 351.206, critical circumstances exist 
for imports from all producers and exporters of CTL plate from Brazil 
and Turkey.

[[Page 87545]]

All-Others Rate

    As discussed in the Preliminary LTFV Determinations, the Department 
based the selection of the ``All-Others'' rates in Brazil, South 
Africa, and Turkey, on the Petitions,\10\ in accordance with section 
735(c)(5)(B) of the Act. We made no changes to the selection of these 
rates for these final determinations.\11\
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    \10\ See Letter to the Secretary of Commerce from the 
petitioners, ``Certain Carbon and Alloy Steel Cut-to-Length Plate 
from Austria, Belgium, Brazil, the People's Republic of China, 
France, the Federal Republic of Germany, Italy, Japan, the Republic 
of Korea, South Africa, Taiwan, and Turkey--Petitions for the 
Imposition of Antidumping and Countervailing Duties,'' dated April 
8, 2016 (the Petitions).
    \11\ See Preliminary LTFV Determinations, 81 FR at 65338.
---------------------------------------------------------------------------

Final Determinations

    The final estimated weighted-average dumping margins are as 
follows:

                                 Brazil
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Companhia Siderurgica Nacional..............................       74.52
Usinas Siderurgicas de Minas Gerais SA......................       74.52
All Others..................................................       74.52
------------------------------------------------------------------------


                              South Africa
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Evraz Highveld Steel and Vanadium Corp......................       94.14
All Others..................................................       87.72
------------------------------------------------------------------------


                                 Turkey
------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Ere[gbreve]li Demir ve [Ccedil]elik Fabrikalari                    50.00
 T.A.[Scedil]...............................................
All Others..................................................       42.02
------------------------------------------------------------------------

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(4)(A) of the Act, for these final 
determinations, we will instruct U.S. Customs and Border Protection 
(CBP) to continue to suspend liquidation of all entries of CTL Plate 
from Brazil and Turkey, as described in Appendix I of this notice, 
which were entered, or withdrawn from warehouse, for consumption on or 
after June 24, 2016 (90 days prior to the date of publication of the 
Preliminary LTFV Determinations) because we continue to find that 
critical circumstances exist with regard to imports from all producers 
and exporters of CTL Plate from Brazil and Turkey.
    In accordance with section 735(c)(1)(B) of the Act, for this final 
determination, the Department will instruct CBP to continue to suspend 
liquidation of all entries of CTL Plate from South Africa, as described 
in Appendix II of this notice, which were entered, or withdrawn from 
warehouse, for consumption on or after September 22, 2016, the date of 
publication of the preliminary determination of the South Africa 
investigation in the Federal Register.
    With respect to Brazil, pursuant to pursuant to section 
735(c)(1)(B)(ii) of the Act, CBP shall require a cash deposit equal to 
the weighted-average amount by which normal value exceeds U.S. price, 
as follows: (1) For CSN and Usiminas, the cash deposit rate will be 
equal to the estimated weighted-average dumping margin which the 
Department determined in this final determination; (2) if the exporter 
is not a firm identified in this investigation but the producer is, 
then the cash deposit rate will be equal to the estimated weighted-
average dumping margin established for the producer of the subject 
merchandise; (3) the cash deposit rate for all other producers or 
exporters will be 74.52 percent, as discussed in the ``All Others 
Rate'' section, above.
    With respect to South Africa, pursuant to section 735(c)(1)(B)(ii) 
of the Act, CBP shall require a cash deposit equal to the weighted-
average amount by which normal value exceeds U.S. price, as follows: 
(1) For Evraz Highveld, the cash deposit rate will be equal to the 
estimated weighted-average dumping margin which the Department 
determined in this final determination; (2) if the exporter is not a 
firm identified in this investigation but the producer is, then the 
cash deposit rate will be equal to the estimated weighted-average 
dumping margin established for the producer of the subject merchandise; 
(3) the cash deposit rate for all other producers or exporters will be 
87.72 percent, as discussed in the ``All Others Rate'' section, above.
    With respect to Turkey, pursuant to section 735(c)(1)(B)(ii) of the 
Act, CBP shall require a cash deposit equal to the weighted-average 
amount by which normal value exceeds U.S. price, as follows: (1) For 
Erdemir, the cash deposit rate will be equal to the estimated weighted-
average dumping margin which the Department determined in this final 
determination; (2) if the exporter is not a firm identified in this 
investigation but the producer is, then the cash deposit rate will be 
equal to the estimated weighted-average dumping margin established for 
the producer of the subject merchandise; (3) the cash deposit rate for 
all other producers or exporters will be 42.02 percent, as discussed in 
the ``All Others Rate'' section, above.
    These instructions suspending liquidation will remain in effect 
until further notice.

Disclosure

    The weighted-average dumping margins assigned to the mandatory 
respondents in these investigations in the Preliminary LTFV 
Determinations were based on adverse facts available. As we made no 
changes to these margins since the Preliminary LTFV Determinations, no 
disclosure of calculations is necessary for these final determinations.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission (ITC) of the final affirmative 
determinations of sales at LTFV and final affirmative determinations of 
critical circumstances for Brazil and Turkey. Because the final 
determinations in these proceedings are affirmative, the ITC will make 
its final determinations as to whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports of CTL Plate from Brazil, South Africa, 
and Turkey, in accordance with section 735(b)(2) of the Act. If the ITC 
determines that such injury does not exist, these proceedings will be 
terminated and all securities posted will be refunded or canceled. If 
the ITC determines that such injury exists, the Department will issue 
antidumping duty orders directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance

[[Page 87546]]

with 19 CFR 351.305(a)(3). Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a sanctionable violation.
    These determinations are issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).

    Dated: November 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I--Scope of the Investigations: Brazil and Turkey

    The products covered by these investigations are certain carbon 
and alloy steel hot-rolled or forged flat plate products not in 
coils, whether or not painted, varnished, or coated with plastics or 
other non-metallic substances (cut-to-length plate). Subject 
merchandise includes plate that is produced by being cut-to-length 
from coils or from other discrete length plate and plate that is 
rolled or forged into a discrete length. The products covered 
include (1) Universal 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 (i.e., Certain Hot-Rolled 
Steel Flat Products From Australia, Brazil, Japan, the Republic of 
Korea, the Netherlands, the Republic of Turkey, and the United 
Kingdom: Amended Final Affirmative Antidumping Determinations for 
Australia, the Republic of Korea, and the Republic of Turkey and 
Antidumping Duty Orders, 81 FR 67962 (October 3, 2016)); 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 the investigations are 
products in which:
    (1) Iron predominates, by weight, over each of the other 
contained elements; and
    (2) the carbon content is 2 percent or less by weight.
    Subject merchandise includes cut-to-length plate that has been 
further processed in the subject country or a third country, 
including but not limited to pickling, oiling, levelling, annealing, 
tempering, temper rolling, skin passing, painting, varnishing, 
trimming, cutting, punching, beveling, and/or slitting, or any other 
processing that would not otherwise remove the merchandise from the 
scope of these investigations if performed in the country of 
manufacture of the cut-to-length plate.
    All products that meet the written physical description, are 
within the scope of these investigations unless specifically 
excluded or covered by the scope of an existing order. The following 
products are outside of, and/or specifically excluded from, the 
scope of these investigations:
    (1) Products clad, plated, or coated with metal, whether or not 
painted, varnished or coated with plastic or other non-metallic 
substances;
    (2) military grade armor plate certified to one of the following 
specifications or to a specification that references and 
incorporates one of the following specifications:

 MIL-A-12560,
 MIL-DTL-12560H,
 MIL-DTL-12560J,
 MIL-DTL-12560K,
 MIL-DTL-32332,
 MIL-A-46100D,
 MIL-DTL-46100-E,
 MIL-46177C,
 MIL-S-16216K Grade HY80,
 MIL-S-16216K Grade HY100,
 MIL-S-24645A HSLA-80;
 MIL-S-24645A HSLA-100,
 T9074-BD-GIB-010/0300 Grade HY80,
 T9074-BD-GIB-010/0300 Grade HY100,
 T9074-BD-GIB-010/0300 Grade HSLA80,
 T9074-BD-GIB-010/0300 Grade HSLA100, and
 T9074-BD-GIB-010/0300 Mod. Grade HSLA115,

except that any cut-to-length plate certified to one of the above 
specifications, or to a military grade armor specification that 
references and incorporates one of the above specifications, will 
not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would 
fall within the scope of this order;

    (3) stainless steel plate, containing 10.5 percent or more of 
chromium by weight and not more than 1.2 percent of carbon by 
weight;
    (4) CTL plate meeting the requirements of ASTM A-829, Grade E 
4340 that are over 305 mm in actual thickness;
    (5) Alloy forged and rolled CTL plate greater than or equal to 
152.4 mm in actual thickness meeting each of the following 
requirements:
    (a) Electric furnace melted, ladle refined & vacuum degassed and 
having a chemical composition (expressed in weight percentages):

 Carbon 0.23-0.28,
 Silicon 0.05-0.20,
 Manganese 1.20-1.60,
 Nickel not greater than 1.0,
 Sulfur not greater than 0.007,
 Phosphorus not greater than 0.020,
 Chromium 1.0-2.5,
 Molybdenum 0.35-0.80,
 Boron 0.002-0.004,
 Oxygen not greater than 20 ppm,
 Hydrogen not greater than 2 ppm, and
 Nitrogen not greater than 60 ppm;

    (b) With a Brinell hardness measured in all parts of the product 
including mid thickness falling within one of the following ranges:
    (i) 270-300 HBW,
    (ii) 290-320 HBW, or
    (iii) 320-350 HBW;
    (c) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not 
exceeding 0.5, D not exceeding 1.5; and
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 2 mm flat bottom hole;
    (6) Alloy forged and rolled steel CTL plate over 407 mm in 
actual thickness and meeting the following requirements:
    (a) Made from Electric Arc Furnace melted, Ladle refined & 
vacuum degassed, alloy steel with the following chemical composition 
(expressed in weight percentages):

 Carbon 0.23-0.28,
 Silicon 0.05-0.15,
 Manganese 1.20-1.50,
 Nickel not greater than 0.4,
 Sulfur not greater than 0.010,
 Phosphorus not greater than 0.020,
 Chromium 1.20-1.50,
 Molybdenum 0.35-0.55,
 Boron 0.002-0.004,
 Oxygen not greater than 20 ppm,
 Hydrogen not greater than 2 ppm, and
 Nitrogen not greater than 60 ppm;

    (b) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not 
exceeding 1.0, D not exceeding 1.5;
    (c) Having the following mechanical properties:
    (i) With a Brinell hardness not more than 237 HBW measured in 
all parts of the product including mid thickness; and having a Yield 
Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or 
more and Reduction of area 35% or more; having charpy V at -75 
degrees F in the longitudinal direction equal or greater than 15 ft. 
lbs (single value) and equal or greater than 20 ft. lbs (average of 
3 specimens) and conforming to the requirements of NACE MR01-75; or
    (ii) With a Brinell hardness not less than 240 HBW measured in 
all parts of the product including mid thickness; and having a Yield 
Strength of 90ksi min and UTS 110ksi 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);

[[Page 87547]]

    (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 investigations are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 
7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 
7226.91.5000.
    The products subject to the investigations may also enter under 
the following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500, 
7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 
7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 
7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000, 
7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060, 
7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530, 
7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 
7226.91.8000, and 7226.99.0180.
    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
investigations is dispositive.

Appendix II--Scope of the Investigation: South Africa

    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 the 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 this 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) 320-350 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;

[[Page 87548]]

    (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.
    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. 2016-29071 Filed 12-2-16; 8:45 am]
 BILLING CODE 3510-DS-P