Certain Carbon and Alloy Steel Cut-to-Length Plate From the People's Republic of China: Antidumping Duty Order, 14349-14352 [2017-05440]
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Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices
in the Federal Register, and to assess,
upon further instruction by the
Department pursuant to section
706(a)(1) of the Act, countervailing
duties for each entry of the subject
merchandise in an amount based on the
net countervailable subsidy rates for the
subject merchandise. On or after the
date of publication of the ITC’s final
injury determinations in the Federal
Register, CBP must require, at the same
time as importers would normally
deposit estimated duties on this
merchandise, a cash deposit equal to the
rates noted below. The all-others rate
applies to all producers and exporters of
subject merchandise not specifically
listed below.
of review is January 1, 2015, through
December 31, 2015.
DATES: Effective March 20, 2017.
FOR FURTHER INFORMATION CONTACT:
Aimee Phelan at (202) 482–0697, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On November 4, 2016, the Department
of Commerce (the Department)
published a notice of opportunity to
request an administrative review of the
countervailing duty order on
lightweight thermal paper (LWTP) from
Subsidy rate
Exporter/producer
the People’s Republic of China (PRC) for
(percent)
the period of review (POR) of January 1,
2015, through December 31, 2015.1 The
Jiangyin Xingcheng Special
Steel Works Co. Ltd ..........
251.00 Department received a timely-filed
Hunan Valin Xiangtan Iron &
request from Appvion, Inc. (Appvion),
Steel ..................................
251.00 in accordance with 19 CFR 351.213(b),
Viewer Development Co., Ltd
251.00 for an administrative review of three
All Others ..............................
251.00 producers/exporters of lightweight
thermal paper from the PRC: Sailing
Notification to Interested Parties
International Limited, Shenzhen
Formers Printing Co., Ltd., and Suzhou
This notice constitutes the
Xiandai Paper Production Co.2 On
countervailing duty order with respect
January 13, 2017, the Department
to CTL plate from the PRC pursuant to
published a notice of initiation.3
section 706(a) of the Act. Interested
Subsequent to the Initiation Notice, the
parties may contact the Department’s
Department requested from U.S.
Central Records Unit, Room B8024 of
the main Commerce Building, for copies Customs and Border Protection (CBP)
of an updated list of countervailing duty data for U.S. imports of subject
merchandise during the POR for the
orders currently in effect.
companies for which an administrative
This order is issued and published in
review was requested.4 The CBP data
accordance with section 706(a) of the
demonstrated that there were no entries
Act and 19 CFR 351.211(b).
of subject merchandise exported by
Dated: March 14, 2017.
these companies during the POR.5 The
Ronald K. Lorentzen,
Department solicited interested party
Acting Assistant Secretary for Enforcement
comments,6 and we received no
and Compliance.
comments.
[FR Doc. 2017–05441 Filed 3–17–17; 8:45 am]
Rescission of Review
It is the Department’s practice to
rescind an administrative review of a
countervailing duty order, pursuant to
19 CFR 351.213(d)(3), when there are no
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–921]
sradovich on DSK3GMQ082PROD with NOTICES
Lightweight Thermal Paper From the
People’s Republic of China: Notice of
Rescission of Countervailing Duty
Administrative Review; 2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
is rescinding the administrative review
of the countervailing duty order on
lightweight thermal paper from the
People’s Republic of China. The period
AGENCY:
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18:36 Mar 17, 2017
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1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 81 FR 76920
(November 4, 2016).
2 See Letter to the Secretary from Appvion,
‘‘Lightweight Thermal Paper From The People’s
Republic Of China: Request For Administrative
Review,’’ dated November 30, 2016.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
4294 (January 13, 2017) (Initiation Notice).
4 See Memorandum to the File, ‘‘Administrative
Review of Certain Lightweight Thermal Paper from
the People’s Republic of China: Request for U.S.
Customs and Border Protection Data,’’ dated
February 15, 2017.
5 Id.
6 Id.
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14349
reviewable entries of subject
merchandise during the POR for which
liquidation is suspended.7 Normally,
upon completion of an administrative
review, the suspended entries are
liquidated at the countervailing duty
assessment rate calculated for the
review period. See 19 CFR 351.212(b)(l).
Therefore, for an administrative review
to be conducted, there must be a
reviewable, suspended entry that the
Department can order CBP to liquidate
at the newly calculated countervailing
duty assessment rate. Accordingly, in
the absence of suspended entries of
subject merchandise during the period
of this administrative review (January 1,
2015 through December 31, 2015), we
are now rescinding this administrative
review of the countervailing duty order
on LWTP from the PRC, pursuant to 19
CFR 351.213(d)(3).
This notice is issued and published
pursuant to section 751(a)(l) and
777(i)(1) of the Tariff Act of 1930, as
amended, and 19 CFR 351.213(d)(4).
Dated: March 14, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2017–05430 Filed 3–17–17; 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: Antidumping Duty
Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (ITC),
the Department is issuing an
antidumping duty order on Certain
Carbon and Alloy Steel Cut-to-Length
Plate (CTL plate) from the People’s
Republic of China (PRC).
DATES: Effective March 20, 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
AGENCY:
7 See, e.g., Lightweight Thermal Paper From the
People’s Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review, 81 FR
50683 (August 2, 2016).
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Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices
NW., Washington, DC 20230; telephone:
(202) 482–6905.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 735(d) and
777(i)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.210(c), on January 26, 2017, the
Department published its affirmative
final determination in the less than fair
value (LTFV) investigation of CTL plate
from the PRC.1 On March 13, 2017, the
ITC notified the Department of its final
determination pursuant to section
735(b)(1)(A)(i) of the Act, that an
industry in the United States is
materially injured or threatened with
material injury by reason of imports of
CTL plate from the PRC.2
sradovich on DSK3GMQ082PROD with NOTICES
Scope of the Order
The products covered by this order
are certain carbon and alloy steel hotrolled or forged flat plate products not
in coils, whether or not painted,
varnished, or coated with plastics or
other non-metallic substances (cut-tolength 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
1 See 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, 82 FR 8510 (January 26, 2017).
2 See Letter to Ronald Lorentzen, Acting Assistant
Secretary of Commerce for Enforcement and
Compliance, from Rhonda K. Schmidtlein,
Chairman of the U.S. International Trade
Commission, regarding CTL plate from the PRC,
dated March 13, 2017 (ITC Notification). See also
Carbon and Alloy Steel Cut-to-Length Plate from
China (Investigation Nos. 701–TA–560 and 731–
TA–1320 (Final)), USITC Publication 4675, March
2017.
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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 order 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-tolength 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 order if performed in
the country of manufacture of the cutto-length plate.
All products that meet the written
physical description, are within the
scope of this order 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 order:
(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;
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• 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 nonarmor 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:
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Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices
(a) Made from Electric Arc Furnace
melted, Ladle refined & vacuum
degassed, alloy steel with the following
chemical composition (expressed in
weight percentages):
• Carbon 0.23–0.28,
• 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:
sradovich on DSK3GMQ082PROD with NOTICES
(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,
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•
•
•
•
•
•
•
•
•
•
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 order 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.
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14351
The products subject to the order 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 order 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 order is dispositive.
Antidumping Duty Order
In accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the
ITC has notified the Department of its
final determination in this investigation,
in which it found that imports of CTL
plate from the PRC are materially
injuring or threatening material injury to
a U.S. industry.3 Therefore, in
accordance with section 735(c)(2) of the
Act, we are publishing this antidumping
duty order.
As a result of the ITC’s final
determination, in accordance with
section 736(a)(1) of the Act, the
Department will direct U.S. Customs
and Border Protection (CBP) to assess,
upon further instruction by the
Department, antidumping duties equal
to the amount by which the normal
value of the merchandise exceeds the
export price (or constructed export
price) of the merchandise, for all
relevant entries of CTL plate from the
PRC. These antidumping duties will be
assessed on unliquidated entries from
the PRC entered, or withdrawn from
3 See
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ITC Notification.
20MRN1
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Federal Register / Vol. 82, No. 52 / Monday, March 20, 2017 / Notices
warehouse, for consumption on or after
November 14, 2016, the date on which
the Department published the
Preliminary Determination,4 but will
not include entries occurring after the
expiration of the provisional measures
period and before publication of the
ITC’s final injury determination, as
further described below.
sradovich on DSK3GMQ082PROD with NOTICES
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, we will instruct
CBP to continue to suspend liquidation
on entries of subject merchandise from
the PRC. We will also instruct CBP to
require cash deposits equal to the
estimated amount by which the normal
value exceeds the U.S. price as
indicated in the chart below. These
instructions suspending liquidation will
remain in effect until further notice.
Accordingly, effective on the date of
publication of the ITC’s final affirmative
injury determination, CBP will require,
at the same time as importers would
normally deposit estimated duties on
this subject merchandise, a cash deposit
equal to the estimated antidumping
duty margin as discussed above.5 The
‘‘PRC-wide’’ rate applies to all exporters
of subject merchandise not specifically
listed.
Provisional Measures
Section 733(d) of the Act states that
instructions issued pursuant to an
affirmative preliminary determination
may not remain in effect for more than
four months except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
four-month period to no more than six
months. However, the Department did
not extend the four-month period in the
underlying investigation. In the
underlying investigation, the
Department published the Preliminary
Determination on November 14, 2016.
Thus, the four-month period beginning
on the date of the publication of the
Preliminary Determination ended on
March 14, 2017. Furthermore, section
737(b) of the Act states that definitive
duties are to begin on the date of
publication of the ITC’s final injury
determination.
Therefore, in accordance with section
733(d) of the Act and our practice, we
will instruct CBP to terminate the
4 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).
5 See sections 736(a)(3), 772(c)(1)(C) and 777A(f)
of the Act.
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suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of CTL plate from the PRC
entered, or withdrawn from warehouse,
for consumption after March 14, 2017,
the date the provisional measures
expired, and through the day preceding
the date of publication of the ITC’s final
injury determination in the Federal
Register.
Estimated Dumping Margin
The Department determines that the
estimated final dumping margin is as
follows:
Margin
(percent)
Exporter
PRC-Wide Entity ...................
68.27
Notification to Interested Parties
This notice constitutes the
antidumping duty order with respect to
CTL plate from the PRC, pursuant to
section 736(a) of the Act. Interested
parties may contact the Department’s
Central Records Unit, Room B8024 of
the main Commerce building, for copies
of an updated list of antidumping duty
orders currently in effect.
This order is issued and published in
accordance with sections 736(a) of the
Act and 19 CFR 351.211(b).
Dated: March 14, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2017–05440 Filed 3–17–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF293
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Herring Committee to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Wednesday, April 5, 2017 at 9 a.m.
SUMMARY:
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ADDRESSES:
Meeting address: The meeting will be
held at the Wentworth by the Sea, 588
Wentworth Road, New Castle, NH
03854; telephone: (781) 245–9300.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
Agenda
The Committee will discuss
alternatives being considered in
Amendment 8 to the Atlantic Herring
Fishery Management Plan. Measures
include alternative Acceptable
Biological Catch (ABC) control rules and
measures to address potential localized
depletion and user conflicts in the
herring fishery. The Committee will also
review preliminary outcomes from the
external peer review of the Management
Strategy Evaluation of Atlantic herring
ABC control rules held in March 2017.
They will also review the proposed
action for the herring fishery in the
Omnibus Industry Funded Monitoring
(IFM) Amendment and make any
necessary clarifications or adjustments.
The Committee will review preliminary
analysis of portside data, including a
presentation by NMFS of its evaluation
of incorporating portside data into
herring catch cap quota monitoring,
prepared in response to a previous
Council request. Other business will be
discussed as necessary.
Special Accommodations
This meeting is physically accessible
to people with disabilities. This meeting
will be recorded. Consistent with 16
U.S.C. 1852, a copy of the recording is
available upon request. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 15, 2017.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–05444 Filed 3–17–17; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\20MRN1.SGM
20MRN1
]]>Agencies
[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Notices]
[Pages 14349-14352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05440]
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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: Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (ITC),
the Department is issuing an antidumping duty order on Certain Carbon
and Alloy Steel Cut-to-Length Plate (CTL plate) from the People's
Republic of China (PRC).
DATES: Effective March 20, 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
[[Page 14350]]
NW., Washington, DC 20230; telephone: (202) 482-6905.
SUPPLEMENTARY INFORMATION:
Background
In accordance with section 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 26,
2017, the Department published its affirmative final determination in
the less than fair value (LTFV) investigation of CTL plate from the
PRC.\1\ On March 13, 2017, the ITC notified the Department of its final
determination pursuant to section 735(b)(1)(A)(i) of the Act, that an
industry in the United States is materially injured or threatened with
material injury by reason of imports of CTL plate from the PRC.\2\
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\1\ See 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, 82 FR 8510 (January 26, 2017).
\2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary
of Commerce for Enforcement and Compliance, from Rhonda K.
Schmidtlein, Chairman of the U.S. International Trade Commission,
regarding CTL plate from the PRC, dated March 13, 2017 (ITC
Notification). See also Carbon and Alloy Steel Cut-to-Length Plate
from China (Investigation Nos. 701-TA-560 and 731-TA-1320 (Final)),
USITC Publication 4675, March 2017.
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Scope of the Order
The products covered by this order 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 order 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 order 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 order 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 order:
(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:
[[Page 14351]]
(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 order 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 order 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 order 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
order is dispositive.
Antidumping Duty Order
In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act,
the ITC has notified the Department of its final determination in this
investigation, in which it found that imports of CTL plate from the PRC
are materially injuring or threatening material injury to a U.S.
industry.\3\ Therefore, in accordance with section 735(c)(2) of the
Act, we are publishing this antidumping duty order.
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\3\ See ITC Notification.
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As a result of the ITC's final determination, in accordance with
section 736(a)(1) of the Act, the Department will direct U.S. Customs
and Border Protection (CBP) to assess, upon further instruction by the
Department, antidumping duties equal to the amount by which the normal
value of the merchandise exceeds the export price (or constructed
export price) of the merchandise, for all relevant entries of CTL plate
from the PRC. These antidumping duties will be assessed on unliquidated
entries from the PRC entered, or withdrawn from
[[Page 14352]]
warehouse, for consumption on or after November 14, 2016, the date on
which the Department published the Preliminary Determination,\4\ but
will not include entries occurring after the expiration of the
provisional measures period and before publication of the ITC's final
injury determination, as further described below.
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\4\ 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).
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct CBP to continue to suspend liquidation on entries of subject
merchandise from the PRC. We will also instruct CBP to require cash
deposits equal to the estimated amount by which the normal value
exceeds the U.S. price as indicated in the chart below. These
instructions suspending liquidation will remain in effect until further
notice.
Accordingly, effective on the date of publication of the ITC's
final affirmative injury determination, CBP will require, at the same
time as importers would normally deposit estimated duties on this
subject merchandise, a cash deposit equal to the estimated antidumping
duty margin as discussed above.\5\ The ``PRC-wide'' rate applies to all
exporters of subject merchandise not specifically listed.
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\5\ See sections 736(a)(3), 772(c)(1)(C) and 777A(f) of the Act.
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Provisional Measures
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. However, the Department did not extend the four-month period in
the underlying investigation. In the underlying investigation, the
Department published the Preliminary Determination on November 14,
2016. Thus, the four-month period beginning on the date of the
publication of the Preliminary Determination ended on March 14, 2017.
Furthermore, section 737(b) of the Act states that definitive duties
are to begin on the date of publication of the ITC's final injury
determination.
Therefore, in accordance with section 733(d) of the Act and our
practice, we will instruct CBP to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of CTL plate from the PRC entered, or withdrawn
from warehouse, for consumption after March 14, 2017, the date the
provisional measures expired, and through the day preceding the date of
publication of the ITC's final injury determination in the Federal
Register.
Estimated Dumping Margin
The Department determines that the estimated final dumping margin
is as follows:
------------------------------------------------------------------------
Margin
Exporter (percent)
------------------------------------------------------------------------
PRC-Wide Entity......................................... 68.27
------------------------------------------------------------------------
Notification to Interested Parties
This notice constitutes the antidumping duty order with respect to
CTL plate from the PRC, pursuant to section 736(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room B8024 of the main Commerce building, for copies of an updated list
of antidumping duty orders currently in effect.
This order is issued and published in accordance with sections
736(a) of the Act and 19 CFR 351.211(b).
Dated: March 14, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-05440 Filed 3-17-17; 8:45 am]
BILLING CODE 3510-DS-P
