Certain Carbon and Alloy Steel Cut-To-Length Plate From the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 8510-8513 [2017-01710]
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jstallworth on DSK7TPTVN1PROD with NOTICES
8510
Federal Register / Vol. 82, No. 16 / Thursday, January 26, 2017 / Notices
(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 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,
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• 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. 2017–01712 Filed 1–25–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–047]
Certain Carbon and Alloy Steel Cut-ToLength Plate From the People’s
Republic of China: Final Affirmative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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The Department of Commerce
(Department) determines that certain
carbon and alloy steel cut-to-length
plate (CTL plate) from the People’s
Republic of China (PRC) is being, or is
likely to be, sold in the United States at
less than fair value (LTFV). The final
dumping margin of sales at LTFV is
shown in the ‘‘Final Determination’’
section of this notice.
DATES: Effective January 26, 2017.
FOR FURTHER INFORMATION CONTACT:
Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–6905.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On November 14, 2016, the
Department published in the Federal
Register its preliminary affirmative
determination in the LTFV investigation
of CTL plate from the PRC.1 For a
complete description of the events that
followed the Preliminary Determination,
see the memorandum that is dated
concurrently with this determination
and hereby adopted by this notice.2
A summary of the events that
occurred since the Department
published the Preliminary
Determination, as well as a full
discussion of the issues raised by parties
for this final determination, may be
found in the Issues and Decision
Memorandum. The Issues and Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and is
available to all parties in the Central
Records Unit, Room B8024 of the main
Department of Commerce building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly at https://
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from the People’s Republic of China:
Preliminary Affirmative Determination of Sales at
Less Than Fair Value, 81 FR 79450 (November 14,
2016) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum.
2 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, re: ‘‘Issues and
Decision Memorandum for the Final Determination
in the Antidumping Duty Investigation of Certain
Carbon and Alloy Steel Cut-To-Length Plate from
the People’s Republic of China’’ (‘‘Issues and
Decision Memorandum’’), dated concurrently with
this notice.
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enforcement.trade.gov/frn/. The signed
Issues and Decision Memorandum and
the electronic version are identical in
content.
Period of Investigation
The period of investigation (POI) is
October 1, 2015, through March 31,
2016.
Scope of the Investigation
jstallworth on DSK7TPTVN1PROD with NOTICES
The product covered by this
investigation is CTL plate from the PRC.
For a full description of the scope of this
investigation, see the ‘‘Scope of the
Investigation’’ in Appendix I of this
notice. Prior to the Preliminary
Determination, the Department issued a
Preliminary Scope Decision
Memorandum, followed by an
Additional Preliminary Scope Decision
Memorandum.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 investigation. For
further discussion, see the Department’s
Final Scope Decision Memorandum.6
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: Scope Comments
Decision Memorandum for the Preliminary
Determinations,’’ dated September 6, 2016
(Preliminary Scope Decision Memorandum), and
Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty
Operations, Certain Carbon and Alloy Steel Cut-toLength Plate From Austria, Belgium, Brazil, the
People’s Republic of China, France, the Federal
Republic of Germany, Italy, Japan, the Republic of
Korea, the Republic of South Africa, Taiwan, and
Turkey: Additional Scope Comments Preliminary
Decision Memorandum and Extension of Deadlines
for Scope Case Briefs and Scope Rebuttal Briefs,’’
dated October 13, 2016 (Additional Preliminary
Scope Decision Memorandum), respectively.
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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The scope in Appendix I reflects the
final scope language.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs that were submitted by
parties in this investigation are
addressed in either the Final Scope
Decision Memorandum or the Issues
and Decision Memorandum
accompanying this notice, which is
hereby adopted by this notice. A list of
the issues addressed in the Issues and
Decision Memorandum is attached to
this notice at Appendix II.
Separate Rates
For the final determination, we
continue to determine that Jiangyin
Xingcheng Special Steel Works Co.,
Ltd., the sole mandatory respondent in
this investigation, is not entitled to a
separate rate, and is included within the
PRC-wide entity.
PRC-Wide Entity
For the final determination, we
continue to find that the PRC-wide
entity, which includes certain PRC
exporters and/or producers that did not
respond to the Department’s requests for
information, failed to provide necessary
information, failed to provide
information in a timely manner, and
significantly impeded this proceeding
by not submitting the requested
information. We also continue to find
that the PRC-wide entity failed to
cooperate. As a result, we continue to
assign to the PRC-wide entity a
dumping margin on the basis of adverse
facts available (AFA) pursuant to
section 776(b) of the Act.7 Furthermore,
we continue to find that the highest
petition margin of 68.27 percent is
corroborated to the extent practicable
within the meaning of section 776(c) of
the Act for the reasons articulated in the
Preliminary Determination.8 Therefore,
for the final determination, we continue
to assign this dumping margin (i.e.,
68.27 percent) to the PRC-wide entity.
Combination Rates
In the Initiation Notice,9 the
Department stated that it would
calculate combination rates for the
7 As stated in the Preliminary Determination, we
did not conduct verification pursuant to section
782(i) of the Act because the only rate established
in the case is based entirely on AFA.
8 See Preliminary Determination and
accompanying Preliminary Decision Memorandum
at 10–12.
9 See Certain Carbon and Alloy Steel Cut-toLength Plate from Austria, Belgium, Brazil, France,
the Federal Republic of Germany, Italy, Japan, the
Republic of Korea, the People’s Republic of China,
South Africa, Taiwan, and the Republic of Turkey:
Initiation of Less-Than-Fair-Value Investigations, 81
FR 27089, 27095 (May 5, 2016) (Initiation Notice).
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8511
respondents that are eligible for a
separate rate in this investigation. Policy
Bulletin 05.1 describes this practice.10
However, as stated in the Preliminary
Determination, all parties subject to this
investigation are found to be part of the
PRC-wide entity, to which we do not
assign a separate combination rate.11
Final Determination
The Department determines that CTL
plate from the PRC is being, or is likely
to be, sold in the United States at LTFV,
and that the following dumping margin
exists:
Exporter
PRC-Wide Entity ...................
Dumping margin
(percent)
68.27
Disclosure
As stated in the Preliminary
Determination, because the Department
established only one rate in this
investigation based entirely on AFA in
accordance with section 776 of the Act,
there are no calculations to disclose.
The calculations performed in
connection with this final determination
are not proprietary in nature and are
described in the Preliminary
Determination, the Petition and in the
PRC AD Initiation Checklist.12
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection
(CBP) to continue to suspend
10 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
Antidumping Investigations involving Non-Market
Economy Countries’’ (April 5, 2005) (Policy Bulletin
05.1), available on the Department’s Web site at
https://enforcement.trade.gov/policy/bull05-1.pdf.
11 Id.; see also Preliminary Determination, 81 FR
at 79451; Calcium Hypochlorite from the People’s
Republic of China: Preliminary Determination of
Sales at Less Than Fair Value and Postponement
of Final Determination, 79 FR 43393, 43394 (July
25, 2014), unchanged in Calcium Hypochlorite from
the People’s Republic of China: Final Determination
of Sales at Less Than Fair Value, 79 FR 74065
(December 15, 2014).
12 See Preliminary Determination, 81 FR at
79451–52; Petitions for the Imposition of
Antidumping and Countervailing Duties: Certain
Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, Brazil, France, the Federal
Republic of Germany, Italy, Japan, the Republic of
Korea, the People’s Republic of China, South Africa,
Taiwan, and the Republic of Turkey, dated April 8,
2016 (Petition), Volume IV at 24; Supplement to the
Petition, dated April 18, 2016; see also Initiation
Notice and accompanying Antidumping Duty
Investigation Initiation Checklist: Certain Carbon
and Alloy Steel Cut-to-Length Plate from the
People’s Republic of China (PRC AD Initiation
Checklist), at pages 7–11; and Preliminary Decision
Memorandum at 11–12.
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Federal Register / Vol. 82, No. 16 / Thursday, January 26, 2017 / Notices
liquidation of all entries of CTL plate
from the PRC, as described in Appendix
I of this notice, which are entered, or
withdrawn from warehouse, for
consumption on or after November 14,
2016, the date of publication in the
Federal Register of the affirmative
Preliminary Determination. Pursuant to
section 735(c)(1) of the Act, we will
instruct CBP to require a cash deposit
equal to the margin indicated in the
chart above.13 These suspension of
liquidation instructions will remain in
effect until further notice.
In a LTFV investigation with a
companion countervailing duty (CVD)
investigation, we normally adjust
antidumping duty cash deposit rates by
the amount of export subsidies, where
appropriate. However, in this
investigation, we made no adjustments
to the PRC-wide entity’s antidumping
cash deposit rate of 68.27 percent
because the Department made no
findings in the companion CVD
investigation that any of the subsidies in
question are export subsidies.14
Further, pursuant to section 777A(f)
of the Act, we normally adjust cash
deposit rates for estimated domestic
subsidy pass-through, where
appropriate. However, in this case, we
continue to determine that there is no
record evidence demonstrating that a
domestic subsidy pass-through
adjustment is warranted.15 Thus, the
Department has not made an adjustment
to the antidumping duty cash deposit
rates under section 777A(f) of the Act.
jstallworth on DSK7TPTVN1PROD with NOTICES
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we intend to notify the
International Trade Commission (ITC) of
the final affirmative determination of
sales at LTFV. As the Department’s final
determination is affirmative, in
accordance with section 735(b)(2) of the
Act, the ITC will determine, within 45
days, whether the domestic industry in
13 See Modification of Regulations Regarding the
Practice of Accepting Bonds During the Provisional
Measures Period in Antidumping and
Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
14 See Preliminary Decision Memorandum at 12–
13 and Certain Carbon and Alloy Steel Cut-toLength Plate from the People’s Republic of China:
Final Affirmative Countervailing Duty
Determination (unpublished); see also Circular
Welded Carbon-Quality Steel Pipe from Pakistan:
Affirmative Preliminary Determination of Sales at
Less Than Fair Value and Postponement of Final
Determination and Extension of Provisional
Measures, 81 FR 36867 (June 8, 2016) and
accompanying Preliminary Decision Memorandum
at page 13, unchanged in Circular Welded CarbonQuality Steel Pipe from Pakistan: Final Affirmative
Determination of Sales at Less Than Fair Value, 81
FR 75028 (October 28, 2016).
15 See Preliminary Decision Memorandum at 12.
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the United States is materially injured,
or threatened with material injury, by
reason of imports of CTL plate from the
PRC, or sales (or the likelihood of sales)
for importation, of CTL plate from the
PRC. If the ITC determines that such
injury does not exist, this proceeding
will be terminated and all securities
posted will be refunded or canceled. If
the ITC determines that such injury
does exist, the Department intends to
issue an antidumping duty order
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 will serve as a reminder
to the parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of propriety information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
We intend to issue and publish this
determination in accordance with
sections 735(d) and 777(i)(1) of the Act.
Dated: January 17, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix I—Scope of the Investigation
The products covered by this investigation
are certain carbon and alloy steel hot-rolled
or forged flat plate products not in coils,
whether or not painted, varnished, or coated
with plastics or other non-metallic
substances (cut-to-length plate). Subject
merchandise includes plate that is produced
by being cut-to-length from coils or from
other discrete length plate and plate that is
rolled or forged into a discrete length. The
products covered include (1) Universal mill
plates (i.e., flat-rolled products rolled on four
faces or in a closed box pass, of a width
exceeding 150 mm but not exceeding 1250
mm, and of a thickness of not less than 4
mm, which are not in coils and without
patterns in relief), and (2) hot-rolled or forged
flat steel products of a thickness of 4.75 mm
or more and of a width which exceeds 150
mm and measures at least twice the
thickness, and which are not in coils,
whether or not with patterns in relief. The
covered products described above may be
rectangular, square, circular or other shapes
and include products of either rectangular or
non-rectangular cross-section where such
non-rectangular cross-section is achieved
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subsequent to the rolling process, i.e.,
products which have been ‘‘worked after
rolling’’ (e.g., products which have been
beveled or rounded at the edges).
For purposes of the width and thickness
requirements referenced above, the following
rules apply:
(1) Except where otherwise stated where
the nominal and actual thickness or width
measurements vary, a product from a given
subject country is within the scope if
application of either the nominal or actual
measurement would place it within the scope
based on the definitions set forth above
unless the product is already covered by an
order existing on that specific country (e.g.,
Notice of the Antidumping Duty Order:
Certain Hot-Rolled Carbon Steel Flat
Products From the People’s Republic of
China, 66 FR 59561 (November 29, 2001));
and
(2) where the width and thickness vary for
a specific product (e.g., the thickness of
certain products with non-rectangular crosssection, the width of certain products with
non-rectangular shape, etc.), the
measurement at its greatest width or
thickness applies.
Steel products included in the scope of this
investigation are products in which: (1) Iron
predominates, by weight, over each of the
other contained elements; and (2) the carbon
content is 2 percent or less by weight.
Subject merchandise includes cut-to-length
plate that has been further processed in the
subject country or a third country, including
but not limited to pickling, oiling, levelling,
annealing, tempering, temper rolling, skin
passing, painting, varnishing, trimming,
cutting, punching, beveling, and/or slitting,
or any other processing that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the cut-to-length
plate.
All products that meet the written physical
description, are within the scope of this
investigation unless specifically excluded or
covered by the scope of an existing order.
The following products are outside of, and/
or specifically excluded from, the scope of
this investigation:
(1) Products clad, plated, or coated with
metal, whether or not painted, varnished or
coated with plastic or other non-metallic
substances;
(2) military grade armor plate certified to
one of the following specifications or to a
specification that references and incorporates
one of the following specifications:
• MIL–A–12560,
• MIL–DTL–12560H,
• MIL–DTL–12560J,
• MIL–DTL–12560K,
• MIL–DTL–32332,
• MIL–A–46100D,
• MIL–DTL–46100–E,
• MIL–46177C,
• MIL–S–16216K Grade HY80,
• MIL–S–16216K Grade HY100,
• MIL–S–24645A HSLA–80;
• MIL–S–24645A HSLA–100,
• T9074–BD–GIB–010/0300 Grade HY80,
• T9074–BD–GIB–010/0300 Grade HY100,
• T9074–BD–GIB–010/0300 Grade HSLA80,
• T9074–BD–GIB–010/0300 Grade HSLA100,
and
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• T9074–BD–GIB–010/0300 Mod. Grade
HSLA115,
except that any cut-to-length plate certified to
one of the above specifications, or to a
military grade armor specification that
references and incorporates one of the above
specifications, will not be excluded from the
scope if it is also dual- or multiple-certified
to any other non-armor specification that
otherwise would fall within the scope of this
order;
(3) stainless steel plate, containing 10.5
percent or more of chromium by weight and
not more than 1.2 percent of carbon by
weight;
(4) CTL plate meeting the requirements of
ASTM A–829, Grade E 4340 that are over 305
mm in actual thickness;
(5) Alloy forged and rolled CTL plate
greater than or equal to 152.4 mm in actual
thickness meeting each of the following
requirements:
(a) Electric furnace melted, ladle refined &
vacuum degassed and having a chemical
composition (expressed in weight
percentages):
• Carbon 0.23–0.28,
• Silicon 0.05–0.20,
• Manganese 1.20–1.60,
• Nickel not greater than 1.0,
• Sulfur not greater than 0.007,
• Phosphorus not greater than 0.020,
• Chromium 1.0–2.5,
• Molybdenum 0.35–0.80,
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm;
(b) With a Brinell hardness measured in all
parts of the product including mid thickness
falling within one of the following ranges:
(i) 270–300 HBW,
(ii) 290–320 HBW, or
(iii) 320–350HBW;
(c) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.5, B not exceeding 1.0, C not
exceeding 0.5, D not exceeding 1.5; and
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 2 mm flat bottom hole;
(6) Alloy forged and rolled steel CTL plate
over 407 mm in actual thickness and meeting
the following requirements:
(a) Made from Electric Arc Furnace melted,
Ladle refined & vacuum degassed, alloy steel
with the following chemical composition
(expressed in weight percentages):
• Carbon 0.23–0.28,
• Silicon 0.05–0.15,
• Manganese 1.20–1.50,
• Nickel not greater than 0.4,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
• Chromium 1.20–1.50,
• Molybdenum 0.35–0.55,
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm;
(b) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.5, B not exceeding 1.5, C not
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical
properties:
VerDate Sep<11>2014
15:10 Jan 25, 2017
Jkt 241001
(i) With a Brinell hardness not more than
237 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 75ksi min and UTS 95ksi
or more, Elongation of 18% or more and
Reduction of area 35% or more; having
charpy V at ¥75 degrees F in the
longitudinal direction equal or greater than
15 ft. lbs (single value) and equal or greater
than 20 ft. lbs (average of 3 specimens) and
conforming to the requirements of NACE
MR01–75; or
(ii) With a Brinell hardness not less than
240 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 90 ksi min and UTS 110
ksi or more, Elongation of 15% or more and
Reduction of area 30% or more; having
charpy V at ¥40 degrees F in the
longitudinal direction equal or greater than
21 ft. lbs (single value) and equal or greater
than 31 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 3.2 mm flat bottom hole;
and
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301;
(7) Alloy forged and rolled steel CTL plate
over 407 mm in actual thickness and meeting
the following requirements:
(a) Made from Electric Arc Furnace melted,
ladle refined & vacuum degassed, alloy steel
with the following chemical composition
(expressed in weight percentages):
• Carbon 0.25–0.30,
• Silicon not greater than 0.25,
• Manganese not greater than 0.50,
• Nickel 3.0–3.5,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
• Chromium 1.0–1.5,
• Molybdenum 0.6–0.9,
• Vanadium 0.08 to 0.12
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.0(t) and 0.5(h), B not
exceeding 1.5(t) and 1.0(h), C not exceeding
1.0(t) and 0.5(h), and D not exceeding 1.5(t)
and 1.0(h);
(c) Having the following mechanical
properties: A Brinell hardness not less than
350 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 145ksi or more and UTS
160ksi or more, Elongation of 15% or more
and Reduction of area 35% or more; having
charpy V at ¥40 degrees F in the transverse
direction equal or greater than 20 ft. lbs
(single value) and equal or greater than 25 ft.
lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 3.2 mm flat bottom hole;
and
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301.
Excluded from the scope of the
antidumping duty investigation on cut-tolength plate from the People’s Republic of
China are any products covered by the
existing antidumping duty order on certain
PO 00000
Frm 00011
Fmt 4703
Sfmt 9990
8513
cut-to-length carbon steel plate from the
People’s Republic of China. See Suspension
Agreement on Certain Cut-to-Length Carbon
Steel Plate From the People’s Republic of
China; Termination of Suspension
Agreement and Notice of Antidumping Duty
Order, 68 FR 60,081 (Dep’t Commerce Oct.
21, 2003), as amended, Affirmative Final
Determination of Circumvention of the
Antidumping Duty Order on Certain Cut-toLength Carbon Steel Plate From the People’s
Republic of China, 76 FR 50,996, 50,996–97
(Dep’t of Commerce Aug. 17, 2011). On
August 17, 2011, the U.S. Department of
Commerce found that the order covered all
imports of certain cut-to-length carbon steel
plate products with 0.0008 percent or more
boron, by weight, from China not meeting all
of the following requirements: aluminum
level of 0.02 percent or greater, by weight; a
ratio of 3.4 to 1 or greater, by weight, of
titanium to nitrogen; and a hardenability test
(i.e., Jominy test) result indicating a boron
factor of 1.8 or greater.
The products subject to the investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.40.3030,
7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the investigation
may also enter under the following HTSUS
item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.10.0000, 7214.30.0010, 7214.30.0080,
7214.91.0015, 7214.91.0060, 7214.91.0090,
7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7226.11.1000,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.0500, 7226.91.1530, 7226.91.1560,
7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Separate Rate Treatment of
Tiangong
Comment 2: Separate Rate Treatment of
Jiangyin Special
IV. Recommendation
[FR Doc. 2017–01710 Filed 1–25–17; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\26JAN1.SGM
26JAN1
Agencies
[Federal Register Volume 82, Number 16 (Thursday, January 26, 2017)]
[Notices]
[Pages 8510-8513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01710]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-047]
Certain Carbon and Alloy Steel Cut-To-Length Plate From the
People's Republic of China: Final Affirmative Determination of Sales at
Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Department) determines that
certain carbon and alloy steel cut-to-length plate (CTL plate) from the
People's Republic of China (PRC) is being, or is likely to be, sold in
the United States at less than fair value (LTFV). The final dumping
margin of sales at LTFV is shown in the ``Final Determination'' section
of this notice.
DATES: Effective January 26, 2017.
FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations,
Office VIII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2016, the Department published in the Federal
Register its preliminary affirmative determination in the LTFV
investigation of CTL plate from the PRC.\1\ For a complete description
of the events that followed the Preliminary Determination, see the
memorandum that is dated concurrently with this determination and
hereby adopted by this notice.\2\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 81 FR 79450
(November 14, 2016) (Preliminary Determination) and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Paul Piquado, Assistant Secretary for Enforcement and
Compliance, re: ``Issues and Decision Memorandum for the Final
Determination in the Antidumping Duty Investigation of Certain
Carbon and Alloy Steel Cut-To-Length Plate from the People's
Republic of China'' (``Issues and Decision Memorandum''), dated
concurrently with this notice.
---------------------------------------------------------------------------
A summary of the events that occurred since the Department
published the Preliminary Determination, as well as a full discussion
of the issues raised by parties for this final determination, may be
found in the Issues and Decision Memorandum. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov, and is available to all
parties in the Central Records Unit, Room B8024 of the main Department
of Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at https://
[[Page 8511]]
enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic version are identical in content.
Period of Investigation
The period of investigation (POI) is October 1, 2015, through March
31, 2016.
Scope of the Investigation
The product covered by this investigation is CTL plate from the
PRC. For a full description of the scope of this investigation, see the
``Scope of the Investigation'' in Appendix I of this notice. Prior to
the Preliminary Determination, the Department issued a Preliminary
Scope Decision Memorandum, followed by an Additional Preliminary Scope
Decision Memorandum.\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 investigation.
For further discussion, see the Department's Final Scope Decision
Memorandum.\6\ The scope in Appendix I reflects the final scope
language.
---------------------------------------------------------------------------
\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: Scope Comments
Decision Memorandum for the Preliminary Determinations,'' dated
September 6, 2016 (Preliminary Scope Decision Memorandum), and
Memorandum to Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, Certain Carbon and
Alloy Steel Cut-to-Length Plate From Austria, Belgium, Brazil, the
People's Republic of China, France, the Federal Republic of Germany,
Italy, Japan, the Republic of Korea, the Republic of South Africa,
Taiwan, and Turkey: Additional Scope Comments Preliminary Decision
Memorandum and Extension of Deadlines for Scope Case Briefs and
Scope Rebuttal Briefs,'' dated October 13, 2016 (Additional
Preliminary Scope Decision Memorandum), respectively.
\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).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this investigation are addressed in either the
Final Scope Decision Memorandum or the Issues and Decision Memorandum
accompanying this notice, which is hereby adopted by this notice. A
list of the issues addressed in the Issues and Decision Memorandum is
attached to this notice at Appendix II.
Separate Rates
For the final determination, we continue to determine that Jiangyin
Xingcheng Special Steel Works Co., Ltd., the sole mandatory respondent
in this investigation, is not entitled to a separate rate, and is
included within the PRC-wide entity.
PRC-Wide Entity
For the final determination, we continue to find that the PRC-wide
entity, which includes certain PRC exporters and/or producers that did
not respond to the Department's requests for information, failed to
provide necessary information, failed to provide information in a
timely manner, and significantly impeded this proceeding by not
submitting the requested information. We also continue to find that the
PRC-wide entity failed to cooperate. As a result, we continue to assign
to the PRC-wide entity a dumping margin on the basis of adverse facts
available (AFA) pursuant to section 776(b) of the Act.\7\ Furthermore,
we continue to find that the highest petition margin of 68.27 percent
is corroborated to the extent practicable within the meaning of section
776(c) of the Act for the reasons articulated in the Preliminary
Determination.\8\ Therefore, for the final determination, we continue
to assign this dumping margin (i.e., 68.27 percent) to the PRC-wide
entity.
---------------------------------------------------------------------------
\7\ As stated in the Preliminary Determination, we did not
conduct verification pursuant to section 782(i) of the Act because
the only rate established in the case is based entirely on AFA.
\8\ See Preliminary Determination and accompanying Preliminary
Decision Memorandum at 10-12.
---------------------------------------------------------------------------
Combination Rates
In the Initiation Notice,\9\ the Department stated that it would
calculate combination rates for the respondents that are eligible for a
separate rate in this investigation. Policy Bulletin 05.1 describes
this practice.\10\ However, as stated in the Preliminary Determination,
all parties subject to this investigation are found to be part of the
PRC-wide entity, to which we do not assign a separate combination
rate.\11\
---------------------------------------------------------------------------
\9\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
Austria, Belgium, Brazil, France, the Federal Republic of Germany,
Italy, Japan, the Republic of Korea, the People's Republic of China,
South Africa, Taiwan, and the Republic of Turkey: Initiation of
Less-Than-Fair-Value Investigations, 81 FR 27089, 27095 (May 5,
2016) (Initiation Notice).
\10\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigations involving Non-Market Economy
Countries'' (April 5, 2005) (Policy Bulletin 05.1), available on the
Department's Web site at https://enforcement.trade.gov/policy/bull05-1.pdf.
\11\ Id.; see also Preliminary Determination, 81 FR at 79451;
Calcium Hypochlorite from the People's Republic of China:
Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 79 FR 43393, 43394 (July 25,
2014), unchanged in Calcium Hypochlorite from the People's Republic
of China: Final Determination of Sales at Less Than Fair Value, 79
FR 74065 (December 15, 2014).
---------------------------------------------------------------------------
Final Determination
The Department determines that CTL plate from the PRC is being, or
is likely to be, sold in the United States at LTFV, and that the
following dumping margin exists:
------------------------------------------------------------------------
Dumping margin
Exporter (percent)
------------------------------------------------------------------------
PRC-Wide Entity......................................... 68.27
------------------------------------------------------------------------
Disclosure
As stated in the Preliminary Determination, because the Department
established only one rate in this investigation based entirely on AFA
in accordance with section 776 of the Act, there are no calculations to
disclose. The calculations performed in connection with this final
determination are not proprietary in nature and are described in the
Preliminary Determination, the Petition and in the PRC AD Initiation
Checklist.\12\
---------------------------------------------------------------------------
\12\ See Preliminary Determination, 81 FR at 79451-52; Petitions
for the Imposition of Antidumping and Countervailing Duties: Certain
Carbon and Alloy Steel Cut-To-Length Plate from Austria, Belgium,
Brazil, France, the Federal Republic of Germany, Italy, Japan, the
Republic of Korea, the People's Republic of China, South Africa,
Taiwan, and the Republic of Turkey, dated April 8, 2016 (Petition),
Volume IV at 24; Supplement to the Petition, dated April 18, 2016;
see also Initiation Notice and accompanying Antidumping Duty
Investigation Initiation Checklist: Certain Carbon and Alloy Steel
Cut-to-Length Plate from the People's Republic of China (PRC AD
Initiation Checklist), at pages 7-11; and Preliminary Decision
Memorandum at 11-12.
---------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will direct
U.S. Customs and Border Protection (CBP) to continue to suspend
[[Page 8512]]
liquidation of all entries of CTL plate from the PRC, as described in
Appendix I of this notice, which are entered, or withdrawn from
warehouse, for consumption on or after November 14, 2016, the date of
publication in the Federal Register of the affirmative Preliminary
Determination. Pursuant to section 735(c)(1) of the Act, we will
instruct CBP to require a cash deposit equal to the margin indicated in
the chart above.\13\ These suspension of liquidation instructions will
remain in effect until further notice.
---------------------------------------------------------------------------
\13\ See Modification of Regulations Regarding the Practice of
Accepting Bonds During the Provisional Measures Period in
Antidumping and Countervailing Duty Investigations, 76 FR 61042
(October 3, 2011).
---------------------------------------------------------------------------
In a LTFV investigation with a companion countervailing duty (CVD)
investigation, we normally adjust antidumping duty cash deposit rates
by the amount of export subsidies, where appropriate. However, in this
investigation, we made no adjustments to the PRC-wide entity's
antidumping cash deposit rate of 68.27 percent because the Department
made no findings in the companion CVD investigation that any of the
subsidies in question are export subsidies.\14\
---------------------------------------------------------------------------
\14\ See Preliminary Decision Memorandum at 12-13 and Certain
Carbon and Alloy Steel Cut-to-Length Plate from the People's
Republic of China: Final Affirmative Countervailing Duty
Determination (unpublished); see also Circular Welded Carbon-Quality
Steel Pipe from Pakistan: Affirmative Preliminary Determination of
Sales at Less Than Fair Value and Postponement of Final
Determination and Extension of Provisional Measures, 81 FR 36867
(June 8, 2016) and accompanying Preliminary Decision Memorandum at
page 13, unchanged in Circular Welded Carbon-Quality Steel Pipe from
Pakistan: Final Affirmative Determination of Sales at Less Than Fair
Value, 81 FR 75028 (October 28, 2016).
---------------------------------------------------------------------------
Further, pursuant to section 777A(f) of the Act, we normally adjust
cash deposit rates for estimated domestic subsidy pass-through, where
appropriate. However, in this case, we continue to determine that there
is no record evidence demonstrating that a domestic subsidy pass-
through adjustment is warranted.\15\ Thus, the Department has not made
an adjustment to the antidumping duty cash deposit rates under section
777A(f) of the Act.
---------------------------------------------------------------------------
\15\ See Preliminary Decision Memorandum at 12.
---------------------------------------------------------------------------
International Trade Commission Notification
In accordance with section 735(d) of the Act, we intend to notify
the International Trade Commission (ITC) of the final affirmative
determination of sales at LTFV. As the Department's final determination
is affirmative, in accordance with section 735(b)(2) of the Act, the
ITC will determine, within 45 days, whether the domestic industry in
the United States is materially injured, or threatened with material
injury, by reason of imports of CTL plate from the PRC, or sales (or
the likelihood of sales) for importation, of CTL plate from the PRC. If
the ITC determines that such injury does not exist, this proceeding
will be terminated and all securities posted will be refunded or
canceled. If the ITC determines that such injury does exist, the
Department intends to issue an antidumping duty order 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 will serve as a reminder to the parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of propriety information disclosed under APO
in accordance with 19 CFR 351.305. Timely written notification of
return or destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a sanctionable violation.
We intend to issue and publish this determination in accordance
with sections 735(d) and 777(i)(1) of the Act.
Dated: January 17, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are certain carbon
and alloy steel hot-rolled or forged flat plate products not in
coils, whether or not painted, varnished, or coated with plastics or
other non-metallic substances (cut-to-length plate). Subject
merchandise includes plate that is produced by being cut-to-length
from coils or from other discrete length plate and plate that is
rolled or forged into a discrete length. The products covered
include (1) Universal mill plates (i.e., flat-rolled products rolled
on four faces or in a closed box pass, of a width exceeding 150 mm
but not exceeding 1250 mm, and of a thickness of not less than 4 mm,
which are not in coils and without patterns in relief), and (2) hot-
rolled or forged flat steel products of a thickness of 4.75 mm or
more and of a width which exceeds 150 mm and measures at least twice
the thickness, and which are not in coils, whether or not with
patterns in relief. The covered products described above may be
rectangular, square, circular or other shapes and include products
of either rectangular or non-rectangular cross-section where such
non-rectangular cross-section is achieved subsequent to the rolling
process, i.e., products which have been ``worked after rolling''
(e.g., products which have been beveled or rounded at the edges).
For purposes of the width and thickness requirements referenced
above, the following rules apply:
(1) Except where otherwise stated where the nominal and actual
thickness or width measurements vary, a product from a given subject
country is within the scope if application of either the nominal or
actual measurement would place it within the scope based on the
definitions set forth above unless the product is already covered by
an order existing on that specific country (e.g., Notice of the
Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat
Products From the People's Republic of China, 66 FR 59561 (November
29, 2001)); and
(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of this investigation are
products in which: (1) Iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is 2
percent or less by weight.
Subject merchandise includes cut-to-length plate that has been
further processed in the subject country or a third country,
including but not limited to pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing, painting, varnishing,
trimming, cutting, punching, beveling, and/or slitting, or any other
processing that would not otherwise remove the merchandise from the
scope of the investigation if performed in the country of
manufacture of the cut-to-length plate.
All products that meet the written physical description, are
within the scope of this investigation unless specifically excluded
or covered by the scope of an existing order. The following products
are outside of, and/or specifically excluded from, the scope of this
investigation:
(1) Products clad, plated, or coated with metal, whether or not
painted, varnished or coated with plastic or other non-metallic
substances;
(2) military grade armor plate certified to one of the following
specifications or to a specification that references and
incorporates one of the following specifications:
MIL-A-12560,
MIL-DTL-12560H,
MIL-DTL-12560J,
MIL-DTL-12560K,
MIL-DTL-32332,
MIL-A-46100D,
MIL-DTL-46100-E,
MIL-46177C,
MIL-S-16216K Grade HY80,
MIL-S-16216K Grade HY100,
MIL-S-24645A HSLA-80;
MIL-S-24645A HSLA-100,
T9074-BD-GIB-010/0300 Grade HY80,
T9074-BD-GIB-010/0300 Grade HY100,
T9074-BD-GIB-010/0300 Grade HSLA80,
T9074-BD-GIB-010/0300 Grade HSLA100, and
[[Page 8513]]
T9074-BD-GIB-010/0300 Mod. Grade HSLA115,
except that any cut-to-length plate certified to one of the above
specifications, or to a military grade armor specification that
references and incorporates one of the above specifications, will
not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would
fall within the scope of this order;
(3) stainless steel plate, containing 10.5 percent or more of
chromium by weight and not more than 1.2 percent of carbon by
weight;
(4) CTL plate meeting the requirements of ASTM A-829, Grade E
4340 that are over 305 mm in actual thickness;
(5) Alloy forged and rolled CTL plate greater than or equal to
152.4 mm in actual thickness meeting each of the following
requirements:
(a) Electric furnace melted, ladle refined & vacuum degassed and
having a chemical composition (expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.20,
Manganese 1.20-1.60,
Nickel not greater than 1.0,
Sulfur not greater than 0.007,
Phosphorus not greater than 0.020,
Chromium 1.0-2.5,
Molybdenum 0.35-0.80,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) With a Brinell hardness measured in all parts of the product
including mid thickness falling within one of the following ranges:
(i) 270-300 HBW,
(ii) 290-320 HBW, or
(iii) 320-350HBW;
(c) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not
exceeding 0.5, D not exceeding 1.5; and
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 2 mm flat bottom hole;
(6) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, Ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.15,
Manganese 1.20-1.50,
Nickel not greater than 0.4,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.20-1.50,
Molybdenum 0.35-0.55,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical properties:
(i) With a Brinell hardness not more than 237 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or
more and Reduction of area 35% or more; having charpy V at -75
degrees F in the longitudinal direction equal or greater than 15 ft.
lbs (single value) and equal or greater than 20 ft. lbs (average of
3 specimens) and conforming to the requirements of NACE MR01-75; or
(ii) With a Brinell hardness not less than 240 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or
more and Reduction of area 30% or more; having charpy V at -40
degrees F in the longitudinal direction equal or greater than 21 ft.
lbs (single value) and equal or greater than 31 ft. lbs (average of
3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301;
(7) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.25-0.30,
Silicon not greater than 0.25,
Manganese not greater than 0.50,
Nickel 3.0-3.5,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.0-1.5,
Molybdenum 0.6-0.9,
Vanadium 0.08 to 0.12
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding
1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not
exceeding 1.5(t) and 1.0(h);
(c) Having the following mechanical properties: A Brinell
hardness not less than 350 HBW measured in all parts of the product
including mid thickness; and having a Yield Strength of 145ksi or
more and UTS 160ksi or more, Elongation of 15% or more and Reduction
of area 35% or more; having charpy V at -40 degrees F in the
transverse direction equal or greater than 20 ft. lbs (single value)
and equal or greater than 25 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301.
Excluded from the scope of the antidumping duty investigation on
cut-to-length plate from the People's Republic of China are any
products covered by the existing antidumping duty order on certain
cut-to-length carbon steel plate from the People's Republic of
China. See Suspension Agreement on Certain Cut-to-Length Carbon
Steel Plate From the People's Republic of China; Termination of
Suspension Agreement and Notice of Antidumping Duty Order, 68 FR
60,081 (Dep't Commerce Oct. 21, 2003), as amended, Affirmative Final
Determination of Circumvention of the Antidumping Duty Order on
Certain Cut-to-Length Carbon Steel Plate From the People's Republic
of China, 76 FR 50,996, 50,996-97 (Dep't of Commerce Aug. 17, 2011).
On August 17, 2011, the U.S. Department of Commerce found that the
order covered all imports of certain cut-to-length carbon steel
plate products with 0.0008 percent or more boron, by weight, from
China not meeting all of the following requirements: aluminum level
of 0.02 percent or greater, by weight; a ratio of 3.4 to 1 or
greater, by weight, of titanium to nitrogen; and a hardenability
test (i.e., Jominy test) result indicating a boron factor of 1.8 or
greater.
The products subject to the investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000,
7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and
7226.91.5000.
The products subject to the investigation may also enter under
the following HTSUS item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500,
7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000,
7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060,
7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530,
7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Discussion of the Issues
Comment 1: Separate Rate Treatment of Tiangong
Comment 2: Separate Rate Treatment of Jiangyin Special
IV. Recommendation
[FR Doc. 2017-01710 Filed 1-25-17; 8:45 am]
BILLING CODE 3510-DS-P