Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, 16345-16348 [2017-06630]

Download as PDF Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices Scope of the Investigation DEPARTMENT OF COMMERCE The scope of the investigation covers CTL plate from Italy. For a complete description of the scope of the investigation, see Appendix I. International Trade Administration [A–475–834] Certain Carbon and Alloy Steel Cut-toLength Plate From Italy: Final Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances 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 Italy 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: DATES: Effective April 4, 2017. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background asabaliauskas on DSK3SPTVN1PROD with NOTICES On November 14, 2016, the Department published the Preliminary Determination of sales at LTFV of CTL plate from Italy.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-ToLength Plate From Italy: Preliminary Determination of Sales at Less Than Fair Value, Affirmative Determination of Critical Circumstances, and Postponement of Final Determination, 81 FR 79423 (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 Italy,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 16:21 Apr 03, 2017 Jkt 241001 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 Alice Maldonado or Blaine Wiltse, 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) 482–4682 and (202) 482–6345, respectively. VerDate Sep<11>2014 Analysis of Comments Received As provided in section 782(i) of the Tariff Act of 1930, as amended, (the Act) in November 2016, we conducted verification of the sales and cost information submitted by Officine Tecnosider s.r.l. (OTS) 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 OTS.3 In addition, as provided in section 782(i) of the Act, in November 2016 and January 2017, we also attempted to verify the sales and cost information submitted by NLMK Verona SpA (NVR), using standard verification procedures. However, as explained in the Issues and Decision Memorandum, the Department was unable to validate the accuracy of NVR’s reporting.4 As a consequence, we 3 For discussion of our verification findings, see the following memoranda: Memorandum, ‘‘Verification of the Sales Response of Officine Tecnosider S.R.L. in the Antidumping Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate from Italy,’’ dated January 17, 2017; and Memorandum, ‘‘Verification of the Cost Response of Officine Tecnosider S.r.l. in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cutto-Length Plate from Italy,’’ dated January 23, 2017. 4 For discussion of our verification findings, see the following memoranda: Memorandum, ‘‘Verification of the Sales Response of NLMK Verona SpA in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-To-Length (CTL) Plate from Italy,’’ dated January 11, 2017; PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 16345 find that NVR’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 NVR’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 NVR is unverifiable. For further discussion, see the Issues and Decision Memorandum at Comments 1–4. 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 OTS. For a discussion of these changes, see the ‘‘Margin Calculations’’ section of 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 Marcegaglia, NVR, and OTS, and do not exist with respect to companies covered by the ‘‘all others’’ rate.5 We modified our critical circumstances findings for the final determination and now determine that critical circumstances exist for ‘‘all others.’’ 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 Marcegaglia, NVR, OTS, and ‘‘all others.’’ Adverse Facts Available In the Preliminary Determination, because mandatory respondent Marcegaglia SpA (Marcegaglia) failed to respond to the Department’s questionnaire and informed the Department that it would not participate in this investigation,6 we applied Memorandum, ‘‘Verification of the Sales Response of NLMK North America Plate in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-To-Length (CTL) Plate from Italy,’’ dated January 25, 2017; and Memorandum, ‘‘Verification of the Cost Response of NLMK Verona SpA in the Antidumping Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate from Italy,’’ dated January 18, 2017. 5 See Preliminary Determination, and accompanying Preliminary Decision Memorandum, at 5–8. 6 See Letter to the Secretary of Commerce from Marcegaglia ‘‘Carbon and Alloy Steel Cut-To-Length Plate from Italy, Antidumping Investigation, Case E:\FR\FM\04APN1.SGM Continued 04APN1 16346 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices adverse facts available (AFA) to these respondents, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. We were able to corroborate the petition dumping margin of 130.63 percent to the extent practicable within the meaning of section 776(c) of the Act using the highest transaction-specific dumping margins calculated for NVR 7 and, thus, we assigned this dumping margin to Marcegaglia as AFA. The Department received no comments regarding its preliminary application of the AFA dumping margin to Marcegaglia. For the final determination, the Department has not altered its analysis or its decision to apply the AFA to Marcegaglia, but for the reasons explained below, the petition margin can no longer be corroborated and, thus, we assigned to Marcegaglia a different dumping margin. Additionally, due to its failures at verification, we determine that NVR’s data cannot serve as a reliable basis for reaching a determination in this investigation and that NVR did not act to the best of its ability to comply with our requests for information. Therefore, we also find it appropriate to apply the AFA dumping margin to NVR. For further discussion, see the Issues and Decision Memorandum at Comments 1– 4. Finally, for the final determination, because NVR’s information is no longer available for use in corroborating the petition rate, as AFA, we assigned to Marcegaglia and NVR the highest transaction-specific dumping margin calculated for OTS. For further discussion, see the Issues and Decision Memorandum at Comment 4. asabaliauskas on DSK3SPTVN1PROD with NOTICES 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. OTS is the only respondent for which the Department calculated a company-specific margin that is not zero, de minimis, or based entirely on facts otherwise available. Therefore, for purposes of determining the ‘‘all-others’’ rate and pursuant to section 735(c)(5)(A) of the Act, we are No. A–475–834: Letter Regarding Respondent Selection and Initial Antidumping Questionnaire’’ (June 15, 2016). 7 Id., at 25. VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 using the dumping margin calculated for OTS, as referenced in the ‘‘Final Determination’’ section below. 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 Weighted- at LTFV. Because the final average determination in this proceeding is Exporter/manufacturer dumping affirmative, in accordance with section margins 735(b)(2) of the Act, the ITC will make (percent) its final determination as to whether the NLMK Verona SpA ..................... 22.19 domestic industry in the United States Officine Tecnosider s.r.l. ............. 6.08 is materially injured, or threatened with Marcegaglia SpA ........................ 22.19 material injury, by reason of imports of All Others .................................... 6.08 CTL plate from Italy no later than 45 days after our final determination. If the Disclosure ITC determines that material injury or We will disclose the calculations threat of material injury does not exist, performed within five days of the date the proceeding will be terminated and of publication of this notice to parties in all cash deposits will be refunded. If the this proceeding in accordance with 19 ITC determines that such injury does CFR 351.224(b). exist, the Department will issue an antidumping duty order directing CBP Continuation of Suspension of to assess, upon further instruction by Liquidation the Department, antidumping duties on In accordance with section all imports of the subject merchandise 735(c)(1)(B) of the Act, the Department entered, or withdrawn from warehouse, will instruct U.S. Customs and Border for consumption on or after the effective Protection (CBP) to continue to suspend date of the suspension of liquidation. liquidation of all appropriate entries of Notification Regarding Administrative CTL plate from Italy, as described in Protective Orders (APO) Appendix I of this notice, which were entered, or withdrawn from warehouse, This notice serves as a reminder to for consumption on or after November parties subject to APO of their 14, 2016, the date of publication of the responsibility concerning the preliminary determination of this disposition of proprietary information investigation in the Federal Register. disclosed under APO in accordance For entries made by Marcegaglia, NVR, with 19 CFR 351.305(a)(3). Timely and OTS, in accordance with section notification of the return or destruction 735(c)(4)(B) of the Act, because we of APO materials, or conversion to continue to find that critical judicial protective order, is hereby circumstances exist, we will instruct requested. Failure to comply with the CBP to continue to suspend liquidation regulations and the terms of an APO is of all appropriate entries of CTL plate a sanctionable violation. from Italy which were entered, or This determination and this notice are withdrawn from warehouse, for issued and published pursuant to consumption on or after August 16, sections 735(d) and 777(i)(1) of the Act. 2016, which is 90 days prior to the date Dated: March 29, 2017. of publication of the preliminary Ronald K. Lorentzen, determination of this investigation in Acting Assistant Secretary for Enforcement the Federal Register. Additionally, for and Compliance. entries made by the companies covered Appendix I by the ‘‘all others’’ rate, in accordance with section 735(c)(4)(B) of the Act, Scope of the Investigation because we find that critical The products covered by this investigation circumstances exist, we will instruct are certain carbon and alloy steel hot-rolled CBP to suspend liquidation of all or forged flat plate products not in coils, appropriate entries of CTL plate from whether or not painted, varnished, or coated Italy which were entered, or withdrawn with plastics or other non-metallic from warehouse, for consumption on or substances (cut-to-length plate). Subject merchandise includes plate that is produced after August 16, 2016, which is 90 days by being cut-to-length from coils or from prior to the date of publication of the other discrete length plate and plate that is preliminary determination of this rolled or forged into a discrete length. The investigation in the Federal Register. products covered include (1) Universal mill Further, the Department will instruct plates (i.e., flat-rolled products rolled on four CBP to require a cash deposit equal to faces or in a closed box pass, of a width the estimated amount by which the exceeding 150 mm but not exceeding 1250 Final Determination The final weighted-average dumping margins are as follows: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\04APN1.SGM 04APN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices mm, and of a thickness of not less than 4 mm, which are not in coils and without patterns in relief), and (2) hot-rolled or forged flat steel products of a thickness of 4.75 mm or more and of a width which exceeds 150 mm and measures at least twice the thickness, and which are not in coils, whether or not with patterns in relief. The covered products described above may be rectangular, square, circular or other shapes and include products of either rectangular or non-rectangular cross-section where such non-rectangular cross-section is achieved subsequent to the rolling process, i.e., products which have been ‘‘worked after rolling’’ (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above, the following rules apply: (1) Except where otherwise stated where the nominal and actual thickness or width measurements vary, a product from a given subject country is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above; and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular crosssection, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of 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, VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 • 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, PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 16347 • 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:\FR\FM\04APN1.SGM 04APN1 16348 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices (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 asabaliauskas on DSK3SPTVN1PROD with NOTICES 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 the Issues NVR 1. Date of Sale for NVR’s U.S. Direct Shipments 2. Product Characteristics and Control Numbers for NVR 3. Misreported Quantities for NVR 4. AFA 5. Other NVR Adjustments OTS 6. Differential Pricing Methodology 7. Weight Basis for OTS 8. OTS’s Home Market Commissions 9. U.S. Short-Term Borrowing Rate 10. Home Market Freight Expenses 11. Disregarding Sales Where OTS Provided Only Tolling Services 12. Ministerial Error in the Cost Test for OTS 13. Cost Recovery Test 14. Financial Expense Ratio 15. Foreign Exchange Offset to Reported Direct Material Costs 16. Trasteel’s Stab Acquisition Cost IX. Recommendation [FR Doc. 2017–06630 Filed 4–3–17; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–912] Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Notice of Partial Rescission of the Antidumping Duty Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On November 9, 2016, the Department of Commerce (‘‘Department’’) initiated an administrative review of the antidumping duty order on certain new pneumatic off-the-road tires (‘‘OTR Tires’’) from the People’s Republic of China (‘‘PRC’’) for ten companies. Based on timely withdrawal of requests for review, we are now rescinding this administrative review with respect to three of these companies: Weifang Jintongda Tyre Co., Ltd. (‘‘Jintongda’’); Trelleborg Wheel Systems (Xingtai) Co., Ltd. (‘‘TWS China’’); and Zhongce Rubber Group Company Limited (‘‘Zhongce’’). DATES: Effective April 4, 2017. FOR FURTHER INFORMATION CONTACT: Alex Rosen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–7814. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 8, 2016, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on OTR Tires from the PRC.1 In September 2016, the Department received multiple timely requests to conduct an administrative review of the antidumping duty order on OTR Tires from the PRC. Based on these requests, on November 9, 2016, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the ‘‘Act’’), the Department published in the Federal Register a notice of initiation of an administrative review covering the period September 1, 2015, through August 31, 2016, with respect to ten companies: Cheng Shin Rubber Industry Ltd.; Guizhou Tyre Co., Ltd.; Guizhou Tyre Import and Export Co., Ltd.; Qingdao Milestone Tyres Co. Ltd.; 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 81 FR 62096 (September 8, 2016). PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Qingdao Qihang Tyre Co. Ltd.; Shandong Zhentai Group Co., Ltd.; Weihai Zhongwei Rubber Co., Ltd.; TWS China; Jintongda; and Zhongce.2 On November 24, 2016, December 13, 2016, and February 7, 2017, Jingtongda,3 Zhongce,4 and TWS China,5 timely withdrew their respective requests for an administrative review. Partial Rescission Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. Jingtongda, Zhongce, and TWS China timely withdrew their requests for an administrative review; no other party requested a review of these companies. Accordingly, we are rescinding this review, in part, with respect to these companies, pursuant to 19 CFR 351.213(d)(1). Assessment The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to assess antidumping duties on all appropriate entries. For Jingtongda, Zhongce, and TWS China, the companies for which this review is rescinded, antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice. Notification to Importers This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 78778 (November 9, 2016). 3 See Letter from Jingtongda, ‘‘Certain New Pneumatic Off-the-Road Tires From the People’s Republic of China: Withdrawal of Request for Administrative Review,’’ dated November 24, 2016. 4 See Letter from Zhongce, ‘‘New Pneumatic Offthe-Road Tires From the People’s Republic of China: Withdrawal of Request for Administrative Review—2015–16 Review Period,’’ dated December 13, 2016. 5 See Letter from TWS China, ‘‘Antidumping Duty Administrative Review of New Pneumatic Off-TheRoad Tires from the People’s Republic of China: Withdrawal of Request for Administrative Review of Trelleborg Wheel Systems (Xingtai) Co., Ltd.,’’ dated February 7, 2017. E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16345-16348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06630]



[[Page 16345]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-834]


Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy: 
Final Determination of Sales at Less Than Fair Value and Final 
Affirmative Determination of Critical Circumstances

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 
Italy 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: Alice Maldonado or Blaine Wiltse, 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) 482-4682 and (202) 
482-6345, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 14, 2016, the Department published the Preliminary 
Determination of sales at LTFV of CTL plate from Italy.\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\
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    \1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate From 
Italy: Preliminary Determination of Sales at Less Than Fair Value, 
Affirmative Determination of Critical Circumstances, and 
Postponement of Final Determination, 81 FR 79423 (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 Italy,'' 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 Italy. 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 2016, we conducted verification of the 
sales and cost information submitted by Officine Tecnosider s.r.l. 
(OTS) 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 OTS.\3\
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    \3\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the Sales 
Response of Officine Tecnosider S.R.L. in the Antidumping 
Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate 
from Italy,'' dated January 17, 2017; and Memorandum, ``Verification 
of the Cost Response of Officine Tecnosider S.r.l. in the 
Antidumping Duty Investigation of Certain Carbon and Alloy Steel 
Cut-to-Length Plate from Italy,'' dated January 23, 2017.
---------------------------------------------------------------------------

    In addition, as provided in section 782(i) of the Act, in November 
2016 and January 2017, we also attempted to verify the sales and cost 
information submitted by NLMK Verona SpA (NVR), using standard 
verification procedures. However, as explained in the Issues and 
Decision Memorandum, the Department was unable to validate the accuracy 
of NVR's reporting.\4\ As a consequence, we find that NVR'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 NVR'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 NVR is unverifiable. For further 
discussion, see the Issues and Decision Memorandum at Comments 1-4.
---------------------------------------------------------------------------

    \4\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the Sales 
Response of NLMK Verona SpA in the Antidumping Duty Investigation of 
Certain Carbon and Alloy Steel Cut-To-Length (CTL) Plate from 
Italy,'' dated January 11, 2017; Memorandum, ``Verification of the 
Sales Response of NLMK North America Plate in the Antidumping Duty 
Investigation of Certain Carbon and Alloy Steel Cut-To-Length (CTL) 
Plate from Italy,'' dated January 25, 2017; and Memorandum, 
``Verification of the Cost Response of NLMK Verona SpA in the 
Antidumping Duty Investigation of Certain Carbon and Alloy Steel 
Cut-to-Length Plate from Italy,'' dated January 18, 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 
OTS. For a discussion of these changes, see the ``Margin Calculations'' 
section of 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 
Marcegaglia, NVR, and OTS, and do not exist with respect to companies 
covered by the ``all others'' rate.\5\ We modified our critical 
circumstances findings for the final determination and now determine 
that critical circumstances exist for ``all others.'' 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 
Marcegaglia, NVR, OTS, and ``all others.''
---------------------------------------------------------------------------

    \5\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum, at 5-8.
---------------------------------------------------------------------------

Adverse Facts Available

    In the Preliminary Determination, because mandatory respondent 
Marcegaglia SpA (Marcegaglia) failed to respond to the Department's 
questionnaire and informed the Department that it would not participate 
in this investigation,\6\ we applied

[[Page 16346]]

adverse facts available (AFA) to these respondents, in accordance with 
sections 776(a) and (b) of the Act and 19 CFR 351.308. We were able to 
corroborate the petition dumping margin of 130.63 percent to the extent 
practicable within the meaning of section 776(c) of the Act using the 
highest transaction-specific dumping margins calculated for NVR \7\ 
and, thus, we assigned this dumping margin to Marcegaglia as AFA.
---------------------------------------------------------------------------

    \6\ See Letter to the Secretary of Commerce from Marcegaglia 
``Carbon and Alloy Steel Cut-To-Length Plate from Italy, Antidumping 
Investigation, Case No. A-475-834: Letter Regarding Respondent 
Selection and Initial Antidumping Questionnaire'' (June 15, 2016).
    \7\ Id., at 25.
---------------------------------------------------------------------------

    The Department received no comments regarding its preliminary 
application of the AFA dumping margin to Marcegaglia. For the final 
determination, the Department has not altered its analysis or its 
decision to apply the AFA to Marcegaglia, but for the reasons explained 
below, the petition margin can no longer be corroborated and, thus, we 
assigned to Marcegaglia a different dumping margin.
    Additionally, due to its failures at verification, we determine 
that NVR's data cannot serve as a reliable basis for reaching a 
determination in this investigation and that NVR did not act to the 
best of its ability to comply with our requests for information. 
Therefore, we also find it appropriate to apply the AFA dumping margin 
to NVR. For further discussion, see the Issues and Decision Memorandum 
at Comments 1-4.
    Finally, for the final determination, because NVR's information is 
no longer available for use in corroborating the petition rate, as AFA, 
we assigned to Marcegaglia and NVR the highest transaction-specific 
dumping margin calculated for OTS. For further discussion, see the 
Issues and Decision Memorandum at Comment 4.

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. OTS is the only respondent for which the Department calculated 
a company-specific margin that is not zero, de minimis, or based 
entirely on facts otherwise available. 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 
OTS, 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)
------------------------------------------------------------------------
NLMK Verona SpA.............................................       22.19
Officine Tecnosider s.r.l...................................        6.08
Marcegaglia SpA.............................................       22.19
All Others..................................................        6.08
------------------------------------------------------------------------

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 Italy, 
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 Marcegaglia, 
NVR, and OTS, 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 Italy 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 Italy 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.
    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 Italy 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

[[Page 16347]]

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;
    (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

[[Page 16348]]

    (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 the Issues
    NVR
    1. Date of Sale for NVR's U.S. Direct Shipments
    2. Product Characteristics and Control Numbers for NVR
    3. Misreported Quantities for NVR
    4. AFA
    5. Other NVR Adjustments
    OTS
    6. Differential Pricing Methodology
    7. Weight Basis for OTS
    8. OTS's Home Market Commissions
    9. U.S. Short-Term Borrowing Rate
    10. Home Market Freight Expenses
    11. Disregarding Sales Where OTS Provided Only Tolling Services
    12. Ministerial Error in the Cost Test for OTS
    13. Cost Recovery Test
    14. Financial Expense Ratio
    15. Foreign Exchange Offset to Reported Direct Material Costs
    16. Trasteel's Stab Acquisition Cost
IX. Recommendation

[FR Doc. 2017-06630 Filed 4-3-17; 8:45 am]
 BILLING CODE 3510-DS-P

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