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]
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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:
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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).
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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).
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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.
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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
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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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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
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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.
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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
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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:
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(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);
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(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
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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;
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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
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]]>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]]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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\
---------------------------------------------------------------------------
\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
