Certain Carbon and Alloy Steel Cut-to-Length Plate From Japan: Final Determination of Sales at Less Than Fair Value, 16349-16351 [2017-06629]
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Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
period. Failure to comply with this
requirement could result in the
Department’s presumption that
reimbursement of antidumping and/or
countervailing duties occurred and the
subsequent assessment of doubled
antidumping and/or countervailing
duties.
Notification Regarding Administrative
Protective Order
This notice serves as a final reminder
to parties subject to an administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under an APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Date: March 29, 2017.
Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2017–06619 Filed 4–3–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–875]
Certain Carbon and Alloy Steel Cut-toLength Plate From Japan: Final
Determination of Sales at Less Than
Fair Value
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 Japan is being, or
is likely to be, sold in the United States
at less than fair value (LTFV). The
period of investigation (POI) is April 1,
2015, through March 31, 2016. The final
weighted-average dumping margins of
sales at LTFV are listed below in the
‘‘Final Determination’’ section of this
notice.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY:
DATES:
Effective April 4, 2017.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta or Ryan Mullen, AD/
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Jkt 241001
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230; telephone:
(202) 482–2593 and (202) 482–5260,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2016, the
Department published the Preliminary
Determination of sales at LTFV of CTL
plate from Japan.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 Japan. 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 Japan: Preliminary Determination
of Sales at Less Than Fair Value and Postponement
of Final Determination, 81 FR 79427 (November 14,
2016) (Preliminary Determination).
2 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance, entitled ‘‘Issues
and Decision Memorandum for the Final
Affirmative Determination in the Less-Than-FairValue Investigation of Certain Carbon and Alloy
Steel Cut-to-Length Plate from Japan,’’ dated
concurrently with this notice (Issues and Decision
Memorandum).
PO 00000
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16349
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 Tokyo Steel
Manufacturing Co., Ltd. (Tokyo Steel)
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
Tokyo Steel.3
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 Tokyo Steel.
For a discussion of these changes, see
the ‘‘Margin Calculations’’ section of the
Issues and Decision Memorandum.
Adverse Facts Available
In the Preliminary Determination,
because mandatory respondents JFE
Steel Corporation (JFE) and Shimabun
Corporation (Shimabun) failed to
respond to the Department’s
questionnaire and informed the
Department that they would not
participate in this investigation,4 we
applied adverse facts available (AFA) to
these respondents, in accordance with
sections 776(a) and (b) of the Act and 19
CFR 351.308. Because we could not
corroborate the petition dumping
margin of 179.2 percent, we assigned to
JFE and Shimabun, as AFA, a dumping
margin based on the highest transactionspecific dumping margin calculated for
Tokyo Steel.5
The Department received no
comments regarding its preliminary
application of the AFA dumping margin
to JFE and Shimabun. For the final
3 For discussion of our verification findings, see
the following memoranda: Memorandum to the File
through Catherine Bertrand, Program Manager,
Office V, from Kabir Archuletta, Senior
International Trade Analyst, and Ryan Mullen,
International Trade Analyst, entitled ‘‘Verification
of Tokyo Steel Manufacturing Co., Ltd., in the
Antidumping Duty Investigation of Certain Carbon
and Alloy Steel Cut-to-Length Plate from Japan,’’
dated January 17, 2017; Memorandum to the File
through Neal M. Halper, Director, Office of
Accounting and Michael P. Martin, Lead
Accountant, Office of Accounting from Kristin L.
Case, Senior Accountant, entitled ‘‘Verification of
the Cost Response of Tokyo Steel Manufacturing
Co., Ltd. in the Less-Than-Fair Value Investigation
of Certain Alloy and Carbon Steel Cut-to-Length
Plate from Japan,’’ dated January 9, 2017.
4 See Letter to the Secretary of Commerce from
JFE ‘‘Advisement of Non-Participation in
Investigation’’ (June 20, 2016); Letter to the
Secretary of Commerce from Shimabun
‘‘Shimabun’s Notification of Non-Participation’’
(July 29, 2016).
5 See Preliminary Determination.
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Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
determination, the Department has not
altered its analysis or its decision to
apply the AFA dumping margin to JFE
and Shimabun.
In making this final determination,
the Department relied, in part, on facts
available for Tokyo Steel. Furthermore,
because Tokyo Steel did not act to the
best of its ability in responding to
certain of the Department’s requests for
information, we drew an adverse
inference, where appropriate, in
selecting from among the facts
otherwise available.6 For further
information, see the accompanying
Issues and Decision Memorandum.
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. Tokyo Steel 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 Tokyo Steel, as referenced
in the ‘‘Final Determination’’ section
below.
Final Determination
The final weighted-average dumping
margins are as follows:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Exporter/manufacturer
Weightedaverage
dumping
margins
(percent)
CTL plate from Japan, 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.
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 Comission (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 Japan 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
Tokyo Steel Manufacturing Co.,
disposition of proprietary information
Ltd. ..........................................
14.79
JFE Steel Corporation ................
48.67 disclosed under APO in accordance
Shimabun Corporation ................
48.67 with 19 CFR 351.305(a)(3). Timely
All Others ....................................
14.79 notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
Disclosure
requested. Failure to comply with the
We will disclose the calculations
regulations and the terms of an APO is
performed within five days of the date
a sanctionable violation.
of publication of this notice to parties in
This determination and this notice are
this proceeding in accordance with 19
issued and published pursuant to
CFR 351.224(b).
sections 735(d) and 777(i)(1) of the Act.
Continuation of Suspension of
Dated: March 29, 2017.
Liquidation
Ronald K. Lorentzen,
In accordance with section
Acting Assistant Secretary for Enforcement
and Compliance.
735(c)(1)(B) of the Act, the Department
will instruct U.S. Customs and Border
Appendix I
Protection (CBP) to continue to suspend
Scope of the Investigation
liquidation of all appropriate entries of
6 See
sections 776(a) and (b) of the Act.
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The products covered by this investigation
are certain carbon and alloy steel hot-rolled
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or forged flat plate products not in coils,
whether or not painted, varnished, or coated
with plastics or other non-metallic
substances (cut-to-length plate). Subject
merchandise includes plate that is produced
by being cut-to-length from coils or from
other discrete length plate and plate that is
rolled or forged into a discrete length. The
products covered include (1) Universal mill
plates (i.e., flat-rolled products rolled on four
faces or in a closed box pass, of a width
exceeding 150 mm but not exceeding 1250
mm, and of a thickness of not less than 4
mm, which are not in coils and without
patterns in relief), and (2) hot-rolled or forged
flat steel products of a thickness of 4.75 mm
or more and of a width which exceeds 150
mm and measures at least twice the
thickness, and which are not in coils,
whether or not with patterns in relief. The
covered products described above may be
rectangular, square, circular or other shapes
and include products of either rectangular or
non-rectangular cross-section where such
non-rectangular cross-section is achieved
subsequent to the rolling process, i.e.,
products which have been ‘‘worked after
rolling’’ (e.g., products which have been
beveled or rounded at the edges).
For purposes of the width and thickness
requirements referenced above, the following
rules apply:
(1) Except where otherwise stated where
the nominal and actual thickness or width
measurements vary, a product from a given
subject country is within the scope if
application of either the nominal or actual
measurement would place it within the scope
based on the definitions set forth above
unless the product is already covered by an
order existing on that specific country (i.e.,
Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of
Korea, the Netherlands, the Republic of
Turkey, and the United Kingdom: Amended
Final Affirmative Antidumping
Determinations for Australia, the Republic of
Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962
(October 3, 2016).); and
(2) where the width and thickness vary for
a specific product (e.g., the thickness of
certain products with non-rectangular crosssection, the width of certain products with
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
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asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
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;
(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
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Jkt 241001
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,
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16351
• 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. Scope of the Investigation
IV. Scope Comments
V. Margin Calculations
VI. Discussion of Issues
a. Comment 1: Unreported Bank Transfer
Fees
b. Comment 2: Cost Adjustments Based on
Verification Findings
c. Comment 3: Expenses Identified at
Verification
VII. Recommendation
[FR Doc. 2017–06629 Filed 4–3–17; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16349-16351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06629]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-875]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Japan:
Final Determination of Sales at Less Than Fair Value
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
Japan is being, or is likely to be, sold in the United States at less
than fair value (LTFV). The period of investigation (POI) is April 1,
2015, through March 31, 2016. The final weighted-average 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: Kabir Archuletta or Ryan Mullen, AD/
CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-2593 and (202)
482-5260, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2016, the Department published the Preliminary
Determination of sales at LTFV of CTL plate from Japan.\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
Japan: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 81 FR 79427 (November 14,
2016) (Preliminary Determination).
\2\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, entitled ``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 Japan,'' dated concurrently with this notice
(Issues and Decision Memorandum).
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Scope of the Investigation
The scope of the investigation covers CTL plate from Japan. 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.
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 Tokyo Steel Manufacturing Co., Ltd.
(Tokyo Steel) 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 Tokyo Steel.\3\
---------------------------------------------------------------------------
\3\ For discussion of our verification findings, see the
following memoranda: Memorandum to the File through Catherine
Bertrand, Program Manager, Office V, from Kabir Archuletta, Senior
International Trade Analyst, and Ryan Mullen, International Trade
Analyst, entitled ``Verification of Tokyo Steel Manufacturing Co.,
Ltd., in the Antidumping Duty Investigation of Certain Carbon and
Alloy Steel Cut-to-Length Plate from Japan,'' dated January 17,
2017; Memorandum to the File through Neal M. Halper, Director,
Office of Accounting and Michael P. Martin, Lead Accountant, Office
of Accounting from Kristin L. Case, Senior Accountant, entitled
``Verification of the Cost Response of Tokyo Steel Manufacturing
Co., Ltd. in the Less-Than-Fair Value Investigation of Certain Alloy
and Carbon Steel Cut-to-Length Plate from Japan,'' dated January 9,
2017.
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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
Tokyo Steel. For a discussion of these changes, see the ``Margin
Calculations'' section of the Issues and Decision Memorandum.
Adverse Facts Available
In the Preliminary Determination, because mandatory respondents JFE
Steel Corporation (JFE) and Shimabun Corporation (Shimabun) failed to
respond to the Department's questionnaire and informed the Department
that they would not participate in this investigation,\4\ we applied
adverse facts available (AFA) to these respondents, in accordance with
sections 776(a) and (b) of the Act and 19 CFR 351.308. Because we could
not corroborate the petition dumping margin of 179.2 percent, we
assigned to JFE and Shimabun, as AFA, a dumping margin based on the
highest transaction-specific dumping margin calculated for Tokyo
Steel.\5\
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\4\ See Letter to the Secretary of Commerce from JFE
``Advisement of Non-Participation in Investigation'' (June 20,
2016); Letter to the Secretary of Commerce from Shimabun
``Shimabun's Notification of Non-Participation'' (July 29, 2016).
\5\ See Preliminary Determination.
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The Department received no comments regarding its preliminary
application of the AFA dumping margin to JFE and Shimabun. For the
final
[[Page 16350]]
determination, the Department has not altered its analysis or its
decision to apply the AFA dumping margin to JFE and Shimabun.
In making this final determination, the Department relied, in part,
on facts available for Tokyo Steel. Furthermore, because Tokyo Steel
did not act to the best of its ability in responding to certain of the
Department's requests for information, we drew an adverse inference,
where appropriate, in selecting from among the facts otherwise
available.\6\ For further information, see the accompanying Issues and
Decision Memorandum.
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\6\ See sections 776(a) and (b) of the Act.
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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. Tokyo Steel 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
Tokyo Steel, 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)
------------------------------------------------------------------------
Tokyo Steel Manufacturing Co., Ltd.......................... 14.79
JFE Steel Corporation....................................... 48.67
Shimabun Corporation........................................ 48.67
All Others.................................................. 14.79
------------------------------------------------------------------------
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
will instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all appropriate entries of CTL plate from Japan,
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.
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 Comission (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 Japan 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 unless the product is already covered by
an order existing on that specific country (i.e., Certain Hot-Rolled
Steel Flat Products from Australia, Brazil, Japan, the Republic of
Korea, the Netherlands, the Republic of Turkey, and the United
Kingdom: Amended Final Affirmative Antidumping Determinations for
Australia, the Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3, 2016).); and
(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of 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
[[Page 16351]]
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;
(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. Scope of the Investigation
IV. Scope Comments
V. Margin Calculations
VI. Discussion of Issues
a. Comment 1: Unreported Bank Transfer Fees
b. Comment 2: Cost Adjustments Based on Verification Findings
c. Comment 3: Expenses Identified at Verification
VII. Recommendation
[FR Doc. 2017-06629 Filed 4-3-17; 8:45 am]
BILLING CODE 3510-DS-P
