Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Final Determination of Sales at Less Than Fair Value and Final Determination of Critical Circumstances, in Part, 16378-16381 [2017-06626]
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multiple-tiered fee schedule allows ITA
to offer organizations with lower
revenue a lower fee. In setting the five
tiers, ITA considered, in conjunction
with the factors mentioned above: (1)
The Small Business Administration’s
guidance on identifying small and
medium enterprises (SMEs) in various
industries most likely to participate in
the Privacy Shield, such as computer
services, software and information
services; (2) the likelihood that small
companies would be expected to receive
less personal data and thereby use fewer
government resources; and (3) the
likelihood that companies with higher
revenue would have more customers
whose data they process, which would
use more government resources
dedicated to administering and
overseeing Privacy Shield. For example,
if a company holds more data it could
reasonably produce more questions and
complaints from consumers and EU and
Swiss Data Protection Authorities
(DPAs). ITA has committed to
facilitating the resolution of individual
complaints and to communicating with
the FTC and the DPAs regarding
consumer complaints. Lastly, the fee
increases between the tiers are based in
part on projected program costs and
estimated participation levels among
companies within each tier.
As noted above, the revised fee
schedule recoups the costs to ITA for
operating and maintaining Privacy
Shield. Organizations seeking to join the
Swiss–U.S. Privacy Shield Framework
may do so beginning on April 12, 2017,
through Privacyshield.gov. ITA has
taken into account efficiencies and
economies of scale experienced when
organizations participate in both
Frameworks by providing a 50 percent
discount off the second Framework and
requiring organizations to synchronize
their recertifications. The added cost of
joining a second Framework reflects the
additional expenses incurred, including,
but not limited to, for communications
with DPAs and Web site infrastructure
and development, as well as the
additional costs of cooperating and
communicating separately with the EU
and Swiss representatives and
governments.
The fee applied to organizations that
withdraw from Privacy Shield but
maintain data is meant to cover the
programmatic costs associated with
ITA’s processing of such organizations’
annual affirmation of commitment to
continue to apply the Privacy Shield
Framework Principles to the personal
information they received while
participating in the Privacy Shield. The
flat fee is based on the expectation that
government resources required to
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process this annual affirmation will be
similar for all companies, regardless of
size.
Conclusion
Based on the information provided
above, ITA believes that the revised
Privacy Shield cost recovery fees are
consistent with the objective of OMB
Circular A–25 to ‘‘promote efficient
allocation of the nation’s resources by
establishing charges for special benefits
provided to the recipient that are at least
as great as the cost to the U.S.
Government of providing the special
benefits . . .’’ OMB Circular A–25(5)(b).
ITA is providing the public with the
opportunity to comment on the fee
schedule, and it will consider these
comments when it next reassesses the
fee schedule. As noted in the Cost
Recovery Fee Schedule for the EU–U.S.
Privacy Shield Framework, published
September 30, 2016 (81 FR 267293), ITA
will conduct its next fee reassessment
after August 1, 2017, at the conclusion
of the first year of implementation of the
Privacy Shield. ITA will continue to
conduct reassessments thereafter at least
every two years, in accordance with
OMB Circular A–25.
Dated: March 28, 2017.
Alysha Taylor,
Acting Deputy Assistant Secretary for
Services, Industry & Analysis, International
Trade Administration, U.S. Department of
Commerce.
[FR Doc. 2017–06437 Filed 4–3–17; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–812]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Belgium: Final
Determination of Sales at Less Than
Fair Value and Final Determination of
Critical Circumstances, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) determines that certain
carbon and alloy steel cut-to-length
plate (CTL plate) from Belgium is being,
or is likely to be, sold in the United
States at less than fair value (LTFV). In
addition, we determine that critical
circumstances exist with respect to
imports of the subject merchandise. The
period of investigation (POI) is April 1,
2015, through March 31, 2016. The final
dumping margins of sales at LTFV are
listed below in the ‘‘Final
Determination’’ section of this notice.
AGENCY:
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DATES:
Effective April 4, 2017.
FOR FURTHER INFORMATION CONTACT:
Andrew Medley or David Crespo, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–4987 and (202) 482–3693,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2016, the
Department published the Preliminary
Determination of sales at LTFV of CTL
plate from Belgium.1 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, which is hereby adopted
by this notice.2
Scope of the Investigation
The scope of the investigation covers
CTL plate from Belgium. For a complete
description of the scope of the
investigation, see Appendix I.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties in this
investigation are addressed in the Issues
and Decision Memorandum. A list of
the issues raised is attached to this
notice as Appendix II. 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 it is available to
all parties in the Central Records Unit,
room B–8024 of the main Department of
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Belgium: Preliminary
Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 81 FR 79431
(November 14, 2016) (Preliminary Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Less-Than-Fair-Value
Investigation of Certain Carbon and Alloy Steel Cutto-Length Plate from Belgium,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in November and December 2016, we
verified the sales and cost information
submitted by Industeel Belgium S.A.
(Industeel), for use in our final
determination. We used standard
verification procedures, including an
examination of relevant accounting and
production records, and original source
documents provided by Industeel.3
In addition, as provided in section
782(i) of the Act, in December 2016 and
January 2017, we also attempted to
verify the sales and cost information
submitted by NLMK Belgium,4 using
standard verification procedures.
However, as explained in the Issues and
Decision Memorandum, the Department
was unable to validate the accuracy of
NLMK Belgium’s reporting.5 As a
consequence, we find that NLMK
Belgium’s reported data are
unverifiable, and, thus, cannot serve as
a reliable basis for reaching a
determination in this investigation.
Specifically, because we encountered so
many errors within NLMK Belgium’s
reported data at verification, and the
submitted sales and cost information is
integral to the proper evaluation of its
margin calculation, we find that all of
the information submitted by NLMK
Belgium is unverifiable. For further
discussion, see the Issues and Decision
Memorandum at Comments 8–12.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for Industeel.
For a discussion of these changes, see
the Issues and Decision Memorandum.
Final Affirmative Determination of
Critical Circumstances
For the Preliminary Determination,
the Department found that critical
circumstances exist with respect to
imports of CTL plate from Industeel and
NLMK Belgium, and do not exist with
respect to companies covered by the ‘‘all
others’’ rate.6 We modified our critical
circumstances findings for the final
determination. For further discussion,
see the Issues and Decision
Memorandum at ‘‘Critical
Circumstances.’’ Thus, pursuant to
section 735(a)(3)(B) of the Act, and 19
CFR 351.206(h)(1)–(2), we find that
critical circumstances exist with respect
to subject merchandise produced or
exported by NLMK Belgium and for ‘‘all
others,’’ but not for Industeel.
Adverse Facts Available
Due to its failures at verification, we
determine that NLMK Belgium’s data
cannot serve as a reliable basis for
reaching a determination in this
investigation and that NLMK Belgium
did not act to the best of its ability to
comply with our requests for
information. Therefore, we find it
appropriate to apply adverse facts
available (AFA), in accordance with
sections 776(a) and (b) of the Act and 19
CFR 351.308, to NLMK Belgium. For
further discussion, see the Issues and
Decision Memorandum at Comment 11.
We are able to corroborate the highest
petition dumping margin of 51.78
percent to the extent practicable within
the meaning of section 776(c) of the Act
using the highest transaction-specific
dumping margins calculated for
Industeel and, thus, we assigned this
dumping margin to NLMK Belgium as
AFA. For further discussion, see the
Issues and Decision Memorandum at
‘‘Use of Adverse Facts Available.’’
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
rate shall be an amount equal to the
weighted-average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated excluding any
zero or de minimis margins, and
margins determined entirely under
section 776 of the Act. Industeel is the
only respondent for which the
Department calculated a companyspecific margin. Therefore, for purposes
of determining the ‘‘all-others’’ rate and
pursuant to section 735(c)(5)(A) of the
Act, we are using the dumping margin
calculated for Industeel, as referenced in
the ‘‘Final Determination’’ section
below.
Final Determination
The final weighted-average dumping
margins are as follows:
Weighted-average
dumping margins
(percent)
Exporter/manufacturer
Industeel Belgium S.A ...................................................................................................................................................................
NLMK Clabecq S.A., NLMK Plate Sales S.A., NLMK Sales Europe S.A., NLMK Manage Steel Center S.A., and/or NLMK La
Louviere S.A ...............................................................................................................................................................................
All Others .......................................................................................................................................................................................
Disclosure
asabaliauskas on DSK3SPTVN1PROD with NOTICES
We will disclose the calculations
performed within five days of the date
of publication of this notice to parties in
3 For discussion of our verification findings, see
the following memoranda: Memorandum, ‘‘Less
Than Fair Value Investigation of Certain Carbon and
Alloy Steel Cut-To-Length Plate from Belgium:
Verification of the Sales Responses of Industeel
Belgium S.A.,’’ dated January 18, 2017 and
Memorandum, ‘‘Verification of the Cost Response of
Industeel Belgium S.A. (Industeel) in the
Antidumping Duty Investigation of Certain Carbon
and Alloy Steel Cut-to-Length Plate from Belgium,’’
dated January 23, 2017.
4 In the preliminary determination, the
Department determined to collapse, and treat as a
single entity, NLMK Clabecq S.A., NLMK Plate
Sales S.A., NLMK Sales Europe S.A., NLMK
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this proceeding in accordance with 19
CFR 351.224(b).
5.40
51.78
5.40
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, the Department
Manage Steel Center S.A., and NLMK La Louviere
S.A. (collectively, NLMK Belgium). No party has
challenged this determination. Thus, we continue
to find, for the final determination, that the five
NLMK companies should be collapsed and treated
as a single entity, NLMK Belgium.
5 For discussion of our verification findings, see
the following memoranda: Memorandum,
‘‘Verification of the Sales Response of NLMK
Belgium in the Antidumping Duty Investigation of
Certain Carbon and Alloy Steel Cut-To-Length Plate
from Belgium,’’ dated January 30, 2017;
Memorandum, ‘‘Verification of the Sales Response
of North America Plate LLC in the Antidumping
Investigation of Certain Carbon and Alloy Steel Cut-
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To-Length Plate from Belgium,’’ dated January 30,
2017; and Memorandum, ‘‘Verification of the Cost
Response of NLMK Clabecq SA in the Antidumping
Duty Investigation of Certain Carbon and Alloy
Steel Cut-to-Length Plate from Belgium,’’ dated
January 11, 2017.
6 See Certain Carbon and Alloy Steel Cut-toLength Plate from Austria, Belgium, Brazil, the
Republic of Korea, Taiwan, and Turkey;
Antidumping and Countervailing Duty
Investigations: Preliminary Determinations of
Critical Circumstances, 81 FR 61666 (September 7,
2016).
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will instruct U.S. Customs and Border
Protection (CBP) to continue to suspend
liquidation of all appropriate entries of
CTL plate from Belgium, as described in
Appendix I of this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after November
14, 2016, the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
For entries made by NLMK Belgium, in
accordance with section 735(c)(4)(B) of
the Act, because we continue to find
that critical circumstances exist, we will
instruct CBP to continue to suspend
liquidation of all appropriate entries of
CTL plate from Belgium which were
entered, or withdrawn from warehouse,
for consumption on or after August 16,
2016, which is 90 days prior to the date
of publication of the preliminary
determination of this investigation in
the Federal Register. Additionally, for
entries made by the companies covered
by the ‘‘all others’’ rate, in accordance
with section 735(c)(4)(B) of the Act,
because we find that critical
circumstances exist, we will instruct
CBP to suspend liquidation of all
appropriate entries of CTL plate from
Belgium which were entered, or
withdrawn from warehouse, for
consumption on or after August 16,
2016, which is 90 days prior to the date
of publication of the preliminary
determination of this investigation in
the Federal Register. Because the
Department did not find critical
circumstances to exist for Industeel, we
will instruct CBP to liquidate all entries,
without regard to duties, which entered
prior to November 14, 2016, the date of
publication of the Preliminary
Determination.
Further, the Department will instruct
CBP to require a cash deposit equal to
the estimated amount by which the
normal value exceeds the U.S. price, as
shown above.
International Trade Commission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
CTL plate from Belgium no later than 45
days after our final determination. If the
ITC determines that material injury or
threat of material injury does not exist,
the proceeding will be terminated and
all cash deposits will be refunded. If the
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ITC determines that such injury does
exist, the Department will 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 (APO)
This notice serves as a reminder to
parties subject to APO of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act.
Dated: March 29, 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
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application of either the nominal or actual
measurement would place it within the scope
based on the definitions set forth above; and
(2) where the width and thickness vary for
a specific product (e.g., the thickness of
certain products with non-rectangular crosssection, the width of certain products with
non-rectangular shape, etc.), the
measurement at its greatest width or
thickness applies.
Steel products included in the scope of this
investigation are products in which: (1) Iron
predominates, by weight, over each of the
other contained elements; and (2) the carbon
content is 2 percent or less by weight.
Subject merchandise includes cut-to-length
plate that has been further processed in the
subject country or a third country, including
but not limited to pickling, oiling, levelling,
annealing, tempering, temper rolling, skin
passing, painting, varnishing, trimming,
cutting, punching, beveling, and/or slitting,
or any other processing that would not
otherwise remove the merchandise from the
scope of the investigation if performed in the
country of manufacture of the cut-to-length
plate.
All products that meet the written physical
description, are within the scope of this
investigation unless specifically excluded or
covered by the scope of an existing order.
The following products are outside of, and/
or specifically excluded from, the scope of
this investigation:
(1) Products clad, plated, or coated with
metal, whether or not painted, varnished or
coated with plastic or other non-metallic
substances;
(2) military grade armor plate certified to
one of the following specifications or to a
specification that references and incorporates
one of the following specifications:
• MIL–A–12560,
• MIL–DTL–12560H,
• MIL–DTL–12560J,
• MIL–DTL–12560K,
• MIL–DTL–32332,
• MIL–A–46100D,
• MIL–DTL–46100–E,
• MIL–46177C,
• MIL–S–16216K Grade HY80,
• MIL–S–16216K Grade HY100,
• MIL–S–24645A HSLA–80;
• MIL–S–24645A HSLA–100,
• T9074–BD–GIB–010/0300 Grade HY80,
• T9074–BD–GIB–010/0300 Grade HY100,
• T9074–BD–GIB–010/0300 Grade
HSLA80,
• T9074–BD–GIB–010/0300 Grade
HSLA100, and
• T9074–BD–GIB–010/0300 Mod. Grade
HSLA115,
except that any cut-to-length plate certified to
one of the above specifications, or to a
military grade armor specification that
references and incorporates one of the above
specifications, will not be excluded from the
scope if it is also dual- or multiple-certified
to any other non-armor specification that
otherwise would fall within the scope of this
investigation;
(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;
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(4) CTL plate meeting the requirements of
ASTM A–829, Grade E 4340 that are over 305
mm in actual thickness;
(5) Alloy forged and rolled CTL plate
greater than or equal to 152.4 mm in actual
thickness meeting each of the following
requirements:
(a) Electric furnace melted, ladle refined &
vacuum degassed and having a chemical
composition (expressed in weight
percentages):
• Carbon 0.23–0.28,
• Silicon 0.05–0.20,
• Manganese 1.20–1.60,
• Nickel not greater than 1.0,
• Sulfur not greater than 0.007,
• Phosphorus not greater than 0.020,
• Chromium 1.0–2.5,
• Molybdenum 0.35–0.80,
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm;
(b) With a Brinell hardness measured in all
parts of the product including mid thickness
falling within one of the following ranges:
(i) 270–300 HBW,
(ii) 290–320 HBW, or
(iii) 320–350 HBW;
(c) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.5, B not exceeding 1.0, C not
exceeding 0.5, D not exceeding 1.5; and
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 2 mm flat bottom hole;
(6) Alloy forged and rolled steel CTL plate
over 407 mm in actual thickness and meeting
the following requirements:
(a) Made from Electric Arc Furnace melted,
Ladle refined & vacuum degassed, alloy steel
with the following chemical composition
(expressed in weight percentages):
• Carbon 0.23–0.28,
• Silicon 0.05–0.15,
• Manganese 1.20–1.50,
• Nickel not greater than 0.4,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
• Chromium 1.20–1.50,
• Molybdenum 0.35–0.55,
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm;
(b) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.5, B not exceeding 1.5, C not
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical
properties:
(i) With a Brinell hardness not more than
237 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 75ksi min and UTS 95ksi
or more, Elongation of 18% or more and
Reduction of area 35% or more; having
charpy V at ¥75 degrees F in the
longitudinal direction equal or greater than
15 ft. lbs (single value) and equal or greater
than 20 ft. lbs (average of 3 specimens) and
conforming to the requirements of NACE
MR01–75; or
(ii) With a Brinell hardness not less than
240 HBW measured in all parts of the
product including mid thickness; and having
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a Yield Strength of 90 ksi min and UTS 110
ksi or more, Elongation of 15% or more and
Reduction of area 30% or more; having
charpy V at ¥40 degrees F in the
longitudinal direction equal or greater than
21 ft. lbs (single value) and equal or greater
than 31 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 3.2 mm flat bottom hole;
and
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301;
(7) Alloy forged and rolled steel CTL plate
over 407 mm in actual thickness and meeting
the following requirements:
(a) Made from Electric Arc Furnace melted,
ladle refined & vacuum degassed, alloy steel
with the following chemical composition
(expressed in weight percentages):
• Carbon 0.25–0.30,
• Silicon not greater than 0.25,
• Manganese not greater than 0.50,
• Nickel 3.0–3.5,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
• Chromium 1.0–1.5,
• Molybdenum 0.6–0.9,
• Vanadium 0.08 to 0.12,
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.0(t) and 0.5(h), B not
exceeding 1.5(t) and 1.0(h), C not exceeding
1.0(t) and 0.5(h), and D not exceeding 1.5(t)
and 1.0(h);
(c) Having the following mechanical
properties: A Brinell hardness not less than
350 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 145ksi or more and UTS
160ksi or more, Elongation of 15% or more
and Reduction of area 35% or more; having
charpy V at ¥40 degrees F in the transverse
direction equal or greater than 20 ft. lbs
(single value) and equal or greater than 25 ft.
lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 3.2 mm flat bottom hole;
and
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301.
The products subject to the investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.40.3030,
7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the investigation
may also enter under the following HTSUS
item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.10.0000, 7214.30.0010, 7214.30.0080,
7214.91.0015, 7214.91.0060, 7214.91.0090,
7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000,
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
16381
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. Use of Adverse Facts Available
IV. Critical Circumstances
V. Scope of the Investigation
VI. Scope Comments
VII. Margin Calculations
VIII. Discussion of Issues
Industeel
1. Differential Pricing Methodology
2. Industeel’s Misreported International
Freight Expenses
3. Whether Certain of Industeel’s U.S. sales
were Made Outside the Course of
Ordinary Trade
4. Date of Sale for Industeel’s U.S. Sales
and Application of Partial AFA
5. Industeel’s Correction Presented During
the Cost Verification
6. Affiliated Party Transactions
7. Including Interest Expense in the Minor
Input Calculation
NLMK Belgium
8. Date of Sale for NLMK Belgium’s U.S.
Direct Shipments
9. Product Characteristics and Control
Numbers for NLMK Belgium
10. Sales by Manage
11. Total AFA for NLMK Belgium
12. Other NLMK Belgium Adjustments
IX. Recommendation
[FR Doc. 2017–06626 Filed 4–3–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Defense Business Board; Notice of
Federal Advisory Committee Meeting
Deputy Chief Management
Officer, Department of Defense.
ACTION: Notice of Federal Advisory
Committee meeting.
AGENCY:
The Department of Defense
(DoD) is publishing this notice to
announce that the following Federal
Advisory Committee meeting of the
Defense Business Board will take place.
DATES: Open to the public Thursday,
April 20, 2017 from 10:30 a.m. to 11:15
a.m.
ADDRESSES: The address for the open
meeting is Room 3E863 in the Pentagon,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Roma Laster, (703) 695–7563 (Voice),
SUMMARY:
E:\FR\FM\04APN1.SGM
04APN1
Agencies
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16378-16381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06626]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-812]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium:
Final Determination of Sales at Less Than Fair Value and Final
Determination of Critical Circumstances, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that
certain carbon and alloy steel cut-to-length plate (CTL plate) from
Belgium is being, or is likely to be, sold in the United States at less
than fair value (LTFV). In addition, we determine that critical
circumstances exist with respect to imports of the subject merchandise.
The period of investigation (POI) is April 1, 2015, through March 31,
2016. The final dumping margins of sales at LTFV are listed below in
the ``Final Determination'' section of this notice.
DATES: Effective April 4, 2017.
FOR FURTHER INFORMATION CONTACT: Andrew Medley or David Crespo, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone: (202) 482-4987 and (202) 482-
3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2016, the Department published the Preliminary
Determination of sales at LTFV of CTL plate from Belgium.\1\ 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, which is hereby adopted by this
notice.\2\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Belgium: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 81 FR 79431 (November 14,
2016) (Preliminary Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate
from Belgium,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers CTL plate from Belgium. For a
complete description of the scope of the investigation, see Appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues raised is attached to this notice as Appendix II.
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 it is available to all parties in the Central Records Unit, room B-
8024 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
[[Page 16379]]
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in November and December 2016, we verified the sales and
cost information submitted by Industeel Belgium S.A. (Industeel), for
use in our final determination. We used standard verification
procedures, including an examination of relevant accounting and
production records, and original source documents provided by
Industeel.\3\
---------------------------------------------------------------------------
\3\ For discussion of our verification findings, see the
following memoranda: Memorandum, ``Less Than Fair Value
Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate
from Belgium: Verification of the Sales Responses of Industeel
Belgium S.A.,'' dated January 18, 2017 and Memorandum,
``Verification of the Cost Response of Industeel Belgium S.A.
(Industeel) in the Antidumping Duty Investigation of Certain Carbon
and Alloy Steel Cut-to-Length Plate from Belgium,'' dated January
23, 2017.
---------------------------------------------------------------------------
In addition, as provided in section 782(i) of the Act, in December
2016 and January 2017, we also attempted to verify the sales and cost
information submitted by NLMK Belgium,\4\ using standard verification
procedures. However, as explained in the Issues and Decision
Memorandum, the Department was unable to validate the accuracy of NLMK
Belgium's reporting.\5\ As a consequence, we find that NLMK Belgium's
reported data are unverifiable, and, thus, cannot serve as a reliable
basis for reaching a determination in this investigation. Specifically,
because we encountered so many errors within NLMK Belgium's reported
data at verification, and the submitted sales and cost information is
integral to the proper evaluation of its margin calculation, we find
that all of the information submitted by NLMK Belgium is unverifiable.
For further discussion, see the Issues and Decision Memorandum at
Comments 8-12.
---------------------------------------------------------------------------
\4\ In the preliminary determination, the Department determined
to collapse, and treat as a single entity, NLMK Clabecq S.A., NLMK
Plate Sales S.A., NLMK Sales Europe S.A., NLMK Manage Steel Center
S.A., and NLMK La Louviere S.A. (collectively, NLMK Belgium). No
party has challenged this determination. Thus, we continue to find,
for the final determination, that the five NLMK companies should be
collapsed and treated as a single entity, NLMK Belgium.
\5\ For discussion of our verification findings, see the
following memoranda: Memorandum, ``Verification of the Sales
Response of NLMK Belgium in the Antidumping Duty Investigation of
Certain Carbon and Alloy Steel Cut-To-Length Plate from Belgium,''
dated January 30, 2017; Memorandum, ``Verification of the Sales
Response of North America Plate LLC in the Antidumping Investigation
of Certain Carbon and Alloy Steel Cut-To-Length Plate from
Belgium,'' dated January 30, 2017; and Memorandum, ``Verification of
the Cost Response of NLMK Clabecq SA in the Antidumping Duty
Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate
from Belgium,'' dated January 11, 2017.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
Industeel. For a discussion of these changes, see the Issues and
Decision Memorandum.
Final Affirmative Determination of Critical Circumstances
For the Preliminary Determination, the Department found that
critical circumstances exist with respect to imports of CTL plate from
Industeel and NLMK Belgium, and do not exist with respect to companies
covered by the ``all others'' rate.\6\ We modified our critical
circumstances findings for the final determination. For further
discussion, see the Issues and Decision Memorandum at ``Critical
Circumstances.'' Thus, pursuant to section 735(a)(3)(B) of the Act, and
19 CFR 351.206(h)(1)-(2), we find that critical circumstances exist
with respect to subject merchandise produced or exported by NLMK
Belgium and for ``all others,'' but not for Industeel.
---------------------------------------------------------------------------
\6\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey;
Antidumping and Countervailing Duty Investigations: Preliminary
Determinations of Critical Circumstances, 81 FR 61666 (September 7,
2016).
---------------------------------------------------------------------------
Adverse Facts Available
Due to its failures at verification, we determine that NLMK
Belgium's data cannot serve as a reliable basis for reaching a
determination in this investigation and that NLMK Belgium did not act
to the best of its ability to comply with our requests for information.
Therefore, we find it appropriate to apply adverse facts available
(AFA), in accordance with sections 776(a) and (b) of the Act and 19 CFR
351.308, to NLMK Belgium. For further discussion, see the Issues and
Decision Memorandum at Comment 11.
We are able to corroborate the highest petition dumping margin of
51.78 percent to the extent practicable within the meaning of section
776(c) of the Act using the highest transaction-specific dumping
margins calculated for Industeel and, thus, we assigned this dumping
margin to NLMK Belgium as AFA. For further discussion, see the Issues
and Decision Memorandum at ``Use of Adverse Facts Available.''
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated excluding any zero or de
minimis margins, and margins determined entirely under section 776 of
the Act. Industeel is the only respondent for which the Department
calculated a company-specific margin. Therefore, for purposes of
determining the ``all-others'' rate and pursuant to section
735(c)(5)(A) of the Act, we are using the dumping margin calculated for
Industeel, as referenced in the ``Final Determination'' section below.
Final Determination
The final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer dumping margins
(percent)
------------------------------------------------------------------------
Industeel Belgium S.A................................ 5.40
NLMK Clabecq S.A., NLMK Plate Sales S.A., NLMK Sales 51.78
Europe S.A., NLMK Manage Steel Center S.A., and/or
NLMK La Louviere S.A................................
All Others........................................... 5.40
------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, the Department
[[Page 16380]]
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of CTL plate from
Belgium, as described in Appendix I of this notice, which were entered,
or withdrawn from warehouse, for consumption on or after November 14,
2016, the date of publication of the Preliminary Determination of this
investigation in the Federal Register. For entries made by NLMK
Belgium, in accordance with section 735(c)(4)(B) of the Act, because we
continue to find that critical circumstances exist, we will instruct
CBP to continue to suspend liquidation of all appropriate entries of
CTL plate from Belgium which were entered, or withdrawn from warehouse,
for consumption on or after August 16, 2016, which is 90 days prior to
the date of publication of the preliminary determination of this
investigation in the Federal Register. Additionally, for entries made
by the companies covered by the ``all others'' rate, in accordance with
section 735(c)(4)(B) of the Act, because we find that critical
circumstances exist, we will instruct CBP to suspend liquidation of all
appropriate entries of CTL plate from Belgium which were entered, or
withdrawn from warehouse, for consumption on or after August 16, 2016,
which is 90 days prior to the date of publication of the preliminary
determination of this investigation in the Federal Register. Because
the Department did not find critical circumstances to exist for
Industeel, we will instruct CBP to liquidate all entries, without
regard to duties, which entered prior to November 14, 2016, the date of
publication of the Preliminary Determination.
Further, the Department will instruct CBP to require a cash deposit
equal to the estimated amount by which the normal value exceeds the
U.S. price, as shown above.
International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of CTL plate from Belgium no later than 45 days after
our final determination. If the ITC determines that material injury or
threat of material injury does not exist, the proceeding will be
terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, the Department will 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 (APO)
This notice serves as a reminder to parties subject to APO of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: March 29, 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; and
(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of this investigation are
products in which: (1) Iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is 2
percent or less by weight.
Subject merchandise includes cut-to-length plate that has been
further processed in the subject country or a third country,
including but not limited to pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing, painting, varnishing,
trimming, cutting, punching, beveling, and/or slitting, or any other
processing that would not otherwise remove the merchandise from the
scope of the investigation if performed in the country of
manufacture of the cut-to-length plate.
All products that meet the written physical description, are
within the scope of this investigation unless specifically excluded
or covered by the scope of an existing order. The following products
are outside of, and/or specifically excluded from, the scope of this
investigation:
(1) Products clad, plated, or coated with metal, whether or not
painted, varnished or coated with plastic or other non-metallic
substances;
(2) military grade armor plate certified to one of the following
specifications or to a specification that references and
incorporates one of the following specifications:
MIL-A-12560,
MIL-DTL-12560H,
MIL-DTL-12560J,
MIL-DTL-12560K,
MIL-DTL-32332,
MIL-A-46100D,
MIL-DTL-46100-E,
MIL-46177C,
MIL-S-16216K Grade HY80,
MIL-S-16216K Grade HY100,
MIL-S-24645A HSLA-80;
MIL-S-24645A HSLA-100,
T9074-BD-GIB-010/0300 Grade HY80,
T9074-BD-GIB-010/0300 Grade HY100,
T9074-BD-GIB-010/0300 Grade HSLA80,
T9074-BD-GIB-010/0300 Grade HSLA100, and
T9074-BD-GIB-010/0300 Mod. Grade HSLA115,
except that any cut-to-length plate certified to one of the above
specifications, or to a military grade armor specification that
references and incorporates one of the above specifications, will
not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would
fall within the scope of this investigation;
(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;
[[Page 16381]]
(4) CTL plate meeting the requirements of ASTM A-829, Grade E
4340 that are over 305 mm in actual thickness;
(5) Alloy forged and rolled CTL plate greater than or equal to
152.4 mm in actual thickness meeting each of the following
requirements:
(a) Electric furnace melted, ladle refined & vacuum degassed and
having a chemical composition (expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.20,
Manganese 1.20-1.60,
Nickel not greater than 1.0,
Sulfur not greater than 0.007,
Phosphorus not greater than 0.020,
Chromium 1.0-2.5,
Molybdenum 0.35-0.80,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) With a Brinell hardness measured in all parts of the product
including mid thickness falling within one of the following ranges:
(i) 270-300 HBW,
(ii) 290-320 HBW, or
(iii) 320-350 HBW;
(c) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not
exceeding 0.5, D not exceeding 1.5; and
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 2 mm flat bottom hole;
(6) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, Ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.15,
Manganese 1.20-1.50,
Nickel not greater than 0.4,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.20-1.50,
Molybdenum 0.35-0.55,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical properties:
(i) With a Brinell hardness not more than 237 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or
more and Reduction of area 35% or more; having charpy V at -75
degrees F in the longitudinal direction equal or greater than 15 ft.
lbs (single value) and equal or greater than 20 ft. lbs (average of
3 specimens) and conforming to the requirements of NACE MR01-75; or
(ii) With a Brinell hardness not less than 240 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or
more and Reduction of area 30% or more; having charpy V at -40
degrees F in the longitudinal direction equal or greater than 21 ft.
lbs (single value) and equal or greater than 31 ft. lbs (average of
3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301;
(7) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.25-0.30,
Silicon not greater than 0.25,
Manganese not greater than 0.50,
Nickel 3.0-3.5,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.0-1.5,
Molybdenum 0.6-0.9,
Vanadium 0.08 to 0.12,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding
1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not
exceeding 1.5(t) and 1.0(h);
(c) Having the following mechanical properties: A Brinell
hardness not less than 350 HBW measured in all parts of the product
including mid thickness; and having a Yield Strength of 145ksi or
more and UTS 160ksi or more, Elongation of 15% or more and Reduction
of area 35% or more; having charpy V at -40 degrees F in the
transverse direction equal or greater than 20 ft. lbs (single value)
and equal or greater than 25 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301.
The products subject to the investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000,
7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and
7226.91.5000.
The products subject to the investigation may also enter under
the following HTSUS item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500,
7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000,
7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060,
7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530,
7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Use of Adverse Facts Available
IV. Critical Circumstances
V. Scope of the Investigation
VI. Scope Comments
VII. Margin Calculations
VIII. Discussion of Issues
Industeel
1. Differential Pricing Methodology
2. Industeel's Misreported International Freight Expenses
3. Whether Certain of Industeel's U.S. sales were Made Outside
the Course of Ordinary Trade
4. Date of Sale for Industeel's U.S. Sales and Application of
Partial AFA
5. Industeel's Correction Presented During the Cost Verification
6. Affiliated Party Transactions
7. Including Interest Expense in the Minor Input Calculation
NLMK Belgium
8. Date of Sale for NLMK Belgium's U.S. Direct Shipments
9. Product Characteristics and Control Numbers for NLMK Belgium
10. Sales by Manage
11. Total AFA for NLMK Belgium
12. Other NLMK Belgium Adjustments
IX. Recommendation
[FR Doc. 2017-06626 Filed 4-3-17; 8:45 am]
BILLING CODE 3510-DS-P