Certain Carbon and Alloy Steel Cut-To-Length Plate From the Republic of Korea: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination, 16341-16344 [2017-06632]

Download as PDF Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices after each scheduled meeting. Written comments may be mailed to the Eastern Regional Office, U.S. Commission on Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, Washington, DC 20425, or emailed to Evelyn Bohor at ero@usccr.gov. Persons who desire additional information may contact the Eastern Regional Office at (202) 376– 7533. Records and documents discussed during the meeting will be available for public viewing as they become available at http://facadatabase.gov/committee/ meetings.aspx?cid=240; click the ‘‘Meeting Details’’ and ‘‘Documents’’ links. Records generated from this meeting may also be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meetings. Persons interested in the work of this advisory committee are advised to go to the Commission’s Web site, www.usccr.gov, or to contact the Eastern Regional Office at the above phone number, email or street address. Agenda I. Welcome and Introductions Rollcall Planning Meeting Discuss project planning. II. Other Business Adjournment Dated: March 30, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2017–06624 Filed 4–3–17; 8:45 am] BILLING CODE P COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Tennessee Advisory Committee U.S. Commission on Civil Rights. ACTION: Notice of meeting. AGENCY: Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Tennessee (State) Advisory Committee will hold a meeting on Wednesday, April 19, 2017 for discussing hearing dates for a committee project on municipal fees and fines. DATES: The meeting will be held on Wednesday, April 19, 2017 at 12:30 p.m. EST. ADDRESSES: The meeting will be by teleconference. Toll-free call-in number: 888–523–1191, conference ID: 8007351. asabaliauskas on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 Jeff Hinton, DFO, at jhinton@usccr.gov or (404) 562–7006. SUPPLEMENTARY INFORMATION: Members of the public can listen to the discussion. This meeting is available to the public through the following tollfree call-in number: 888–523–1191, conference ID: 8007351. Any interested member of the public may call this number and listen to the meeting. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over landline connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1–800–977–8339 and providing the Service with the conference call number and conference ID number. Members of the public are also entitled to submit written comments; the comments must be received in the regional office by May 14, 2017. Written comments may be mailed to the Southern Regional Office, U.S. Commission on Civil Rights, 61 Forsyth Street, Suite 16T126, Atlanta, GA 30303. They may also be faxed to the Commission at (404) 562–7005, or emailed to Regional Director, Jeffrey Hinton at jhinton@usccr.gov. Persons who desire additional information may contact the Southern Regional Office at (404) 562–7000. Records generated from this meeting may be inspected and reproduced at the Southern Regional Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Tennessee Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s Web site, http:// www.usccr.gov, or may contact the Southern Regional Office at the above email or street address. FOR FURTHER INFORMATION CONTACT: Agenda Welcome and Call to Order Diane DiIanni, Tennessee SAC Chairman Jeff Hinton, Regional Director Regional Update—Jeff Hinton New Business: Discussion of Project Proposal/Hearing Dates/Locations: Diane DiIanni, Tennessee SAC Chairman/Staff/Advisory Committee Public Participation Adjournment PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 16341 Dated: March 29, 2017. David Mussatt Supervisory Chief, Regional Programs Unit. [FR Doc. 2017–06554 Filed 4–3–17; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [C–580–888] Certain Carbon and Alloy Steel Cut-ToLength Plate From the Republic of Korea: Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers/exporters of certain carbon and alloy steel cut-tolength plate (CTL plate) from the Republic of Korea (Korea). In addition, we continue to find that critical circumstances do not exist with respect to POSCO, POSCO-Daewoo Corporation, and all-other producers/exporters from Korea. The period of investigation is January 1, 2015, through December 31, 2015. For information on the estimated subsidy rates, see the ‘‘Final Determination and Suspension of Liquidation’’ section of this notice. DATES: Effective April 4, 2017. FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or John Corrigan, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3813 and (202) 482–7438, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background The Department published the Preliminary Determination on September 14, 2016.1 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 1 See Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea: Preliminary Negative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination, 81 FR 63168 (September 14, 2016) (Preliminary Determination) and accompanying Preliminary Decision Memorandum (Preliminary Decision Memorandum). E:\FR\FM\04APN1.SGM 04APN1 16342 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices found in the Issues and Decision Memorandum, which is hereby adopted by this notice.2 Scope of the Investigation The merchandise covered by this investigation is CTL plate from Korea. For a complete description of the scope of this investigation, see Appendix I. Analysis of Subsidy Programs and Comments Received The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs submitted by the parties, are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at 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 http://enforcement.trade.gov/ frn/index.html. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. asabaliauskas on DSK3SPTVN1PROD with NOTICES Use of Adverse Facts Available In making this final determination, the Department relied in part on facts available. Because POSCO Chemtech and POSCO M-Tech, which are crossowned affiliates of POSCO, and Hyundai Corporation, a trading company unaffiliated with POSCO, did not act to the best of their ability in responding to the Department’s requests for information, we drew an adverse inference where appropriate in selecting from among the facts otherwise available.3 For further information, see the section ‘‘Use of Facts Otherwise Available and Adverse Inferences’’ in the accompanying Issues and Decision Memorandum. 2 See Memorandum to Ronald K. Lorentzen, from Gary Taverman, ‘‘Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea,’’ dated concurrently with this notice (Issues and Decision Memorandum). 3 See Sections 776(a) and (b) of the Act; see also 19 CFR 351.525(b)(6)(iv) and 19 CFR 351.525(c). VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 Changes Since the Preliminary Determination Based on our analysis of the comments received from parties and the minor corrections presented, as well as additional items discovered at verification, we made certain changes to the respondent’s subsidy rate calculations. For a discussion of these changes, see the Issues and Decision Memorandum and POSCO’s Final Calculation Memorandum.4 Final Negative Determination of Critical Circumstances On July 26, 2016, Petitioners 5 timely filed a critical circumstances allegation, pursuant to section 703(e)(1) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.206(c)(1), alleging that critical circumstances exist with respect to imports of CTL plate from Korea.6 The Department preliminarily determined that critical circumstances did not exist with respect to POSCO, POSCO-Daewoo Corporation, and allother producers/exporters from Korea.7 Our analysis and conclusion concerning critical circumstances remain unchanged for our final determination.8 All-Others Rate In accordance with section 705(c)(1)(B)(i) of the Act, we calculated a rate for POSCO, the exporter/producer of subject merchandise selected for individual examination in this investigation. In accordance with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of the Act, for companies not individually investigated, we apply an ‘‘all-others’’ rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as respondents with those companies’ export sales of the subject merchandise to the United States. Section 4 See Issues and Decision Memorandum; see also Memorandum from John Corrigan to Brian C. Davis, ‘‘Countervailing Duty Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea: POSCO Final Determination Calculation Memorandum,’’ dated March 29, 2017 (POSCO’s Final Calculation Memorandum). 5 Petitioners are ArcelorMittal USA LLC, Nucor Corporation, and SSAB Enterprises, LLC. 6 See Letter from Petitioners, ‘‘Re: Certain Carbon and Alloy Steel Cut-To-Length Plate from Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey: Critical Circumstances Allegations,’’ dated July 26, 2016. 7 See Certain Carbon and Alloy Steel Cut-toLength Plate from Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey; Antidumping and Countervailing Duty Investigations: Preliminary Determinations of Critical Circumstances, 81 FR 61666 (September 7, 2016). 8 See Issues and Decision Memorandum at Section III, ‘‘Final Determination of Critical Circumstances.’’ PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 705(c)(5)(A)(i) of the Act states that the all-others rate shall be an amount equal to the weighted-average countervailable subsidy rates established for exporters and producers individually investigated, excluding any rates that are zero or de minimis or any rates determined entirely on facts available. However, section 705(c)(5)(A)(ii) of the Act states that if the countervailable subsidy rates for all exporters and producers individually investigated are zero or de minimis rates, or are determined entirely under section 776 of the Act, the Department may use any reasonable method to establish an allothers rate for exporters and producers not individually investigated, including averaging the weighted-average countervailable subsidy rates determined for the exporters and producers individually investigated. POSCO is the only mandatory respondent in the instant investigation. We, therefore, are applying the countervailable subsidy rate calculated for POSCO to all-other producers/ exporters not individually investigated. The Department has taken this approach to calculating the all-others rate in other countervailing duty (CVD) investigations.9 In accordance with the scope of this investigation, this application of POSCO’s subsidy rate to all-other producers/exporters applies only to subject CTL plate not within the physical description of cut-to-length carbon quality steel plate in the 1999 Korea CVD Order.10 Final Determination The final subsidy rates are as follows: Producer/exporter POSCO ................................. All-Others .............................. Subsidy rate (percent) 4.31 4.31 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). Suspension of Liquidation In the Preliminary Determination, the total net countervailable subsidy rates for the individually examined 9 See, e.g., Grain-Oriented Electrical Steel from the People’s Republic of China: Final Affirmative Countervailing Duty Determination, 79 FR 59221 (October 1, 2014) and accompanying Issues and Decision Memorandum at 12. 10 See Final Affirmative Countervailing Duty Determination: Certain Cut-to-Length CarbonQuality Steel Plate from the Republic of Korea, 64 FR 6587 (December 29, 1999), as amended, 65 FR 6587 (February 10, 2000) (1999 Korea CVD Order). E:\FR\FM\04APN1.SGM 04APN1 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices respondents were de minimis and, therefore, we did not suspend liquidation of entries of CTL plate from Korea. However, as the estimated subsidy rates for the examined company is above de minimis in this final determination, we are directing U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of CTL plate from Korea that are entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, and to require a cash deposit for such entries of merchandise in the amounts indicated above, pursuant to section 705(c)(1)(B)(ii) of the Act. The suspension of liquidation will remain in effect until further notice. If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a CVD order and instruct CBP to continue to require a cash deposit of estimated CVDs for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled. ITC Notification In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all nonprivileged and non-proprietary information related to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Acting Assistant Secretary for Enforcement and Compliance. asabaliauskas on DSK3SPTVN1PROD with NOTICES 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 is issued and published pursuant to sections 705(d) and 777(i)(1) of the Act. VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 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 1,250 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 Brazil and the Republic of Korea: Amended Final Affirmative Countervailing Duty Orders, 81 FR 67960 (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 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 16343 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 and 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: E:\FR\FM\04APN1.SGM 04APN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 16344 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices (i) 270–300 HBW, (ii) 290–320 HBW, or (iii) 320–350HBW; (c) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not exceeding 0.5, D not exceeding 1.5; and (d) Conforming to ASTM A578–S9 ultrasonic testing requirements with acceptance criteria 2 mm flat bottom hole; (6) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: (a) Made from Electric Arc Furnace melted, Ladle refined and 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 95 ksi 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 and 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, VerDate Sep<11>2014 16:21 Apr 03, 2017 Jkt 241001 • 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 145 ksi or more and UTS 160 ksi 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. At the time of the filing of the petition, there was an existing countervailing duty order on certain cut-to-length carbon-quality steel plate from Korea. See Final Affirmative Countervailing Duty Determination: Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea, 64 FR 73176 (Dep’t Commerce Dec. 29, 1999), as amended, 65 FR 6587 (Dep’t Commerce Feb. 10, 2000) (1999 Korea CVD Order). The scope of the countervailing duty investigation with regard to cut-to-length plate from Korea covers only (1) subject cut-to-length plate not within the physical description of cut-to-length carbon quality steel plate in the 1999 Korea CVD Order regardless of producer or exporter, and (2) cut-to-length plate produced and/or exported by those companies that were excluded or revoked from the 1999 Korea CVD Order as of April 8, 2016. The only revoked or excluded company is Pohang Iron and Steel Company, also known as POSCO. 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, PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 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. Final Determination of Critical Circumstances IV. Scope of the Investigation V. Scope Comments VI. Subsidies Valuation Information VII. Use of Facts Otherwise Available and Adverse Inferences VIII. Calculation of the All-Others Rate IX. Analysis of Programs X. Analysis of Comments Comment 1: Whether the Department Should Consider POSCO Energy’s Sales of Electricity under the Government of Korea’s Purchases of Electricity for More Than Adequate Remuneration Program Comment 2: Whether the Department Should Find That the Provision of Electricity for Less Than Adequate Remuneration (LTAR) is a Countervailable Subsidy Comment 3: Whether the Department Should Apply AFA with Respect to POSCO Chemtech’s Unreported Port Usage Grants Comment 4: Whether the Department Should Apply AFA with Respect to POSCO M-Tech’s Unreported Subsidies Comment 5: Whether the Department Should Apply AFA with Respect to POSCO Chemtech’s Research & Development Grant Program Comment 6: Whether the Department Should Apply AFA with Respect to Hyundai Corporation’s Unreported Tax Exemption Comment 7: Whether the Department Should Find Have Initiated Nucor’s Allegation that the GOK Provides the Provision of Natural Gas in All Forms for LTAR Comment 8: Whether the Department Should Revise its Calculation Regarding Benefit to POSCO under Restriction of Special Taxation Act Article 9 Comment 9: Whether the Department Verified that POSCO Did Not Receive any Benefit under the Free Economic Zone Programs Comment 10: Whether the Department Finds Tax Programs de facto Specific XI. Recommendation [FR Doc. 2017–06632 Filed 4–3–17; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\04APN1.SGM 04APN1

Agencies

[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16341-16344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06632]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-580-888]


Certain Carbon and Alloy Steel Cut-To-Length Plate From the 
Republic of Korea: Final Affirmative Countervailing Duty Determination 
and Final Negative Critical Circumstances Determination

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) determines that 
countervailable subsidies are being provided to producers/exporters of 
certain carbon and alloy steel cut-to-length plate (CTL plate) from the 
Republic of Korea (Korea). In addition, we continue to find that 
critical circumstances do not exist with respect to POSCO, POSCO-Daewoo 
Corporation, and all-other producers/exporters from Korea. The period 
of investigation is January 1, 2015, through December 31, 2015. For 
information on the estimated subsidy rates, see the ``Final 
Determination and Suspension of Liquidation'' section of this notice.

DATES: Effective April 4, 2017.

FOR FURTHER INFORMATION CONTACT: Yasmin Bordas or John Corrigan, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3813 and (202) 482-
7438, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department published the Preliminary Determination on September 
14, 2016.\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

[[Page 16342]]

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 
the Republic of Korea: Preliminary Negative Countervailing Duty 
Determination and Alignment of Final Determination With Final 
Antidumping Duty Determination, 81 FR 63168 (September 14, 2016) 
(Preliminary Determination) and accompanying Preliminary Decision 
Memorandum (Preliminary Decision Memorandum).
    \2\ See Memorandum to Ronald K. Lorentzen, from Gary Taverman, 
``Issues and Decision Memorandum for the Final Determination in the 
Countervailing Duty Investigation of Certain Carbon and Alloy Steel 
Cut-to-Length Plate from the Republic of Korea,'' dated concurrently 
with this notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The merchandise covered by this investigation is CTL plate from 
Korea. For a complete description of the scope of this investigation, 
see Appendix I.

Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in 
the case and rebuttal briefs submitted by the parties, are discussed in 
the Issues and Decision Memorandum. A list of the issues that parties 
raised, and to which we responded in the Issues and Decision 
Memorandum, is attached to this notice at 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 http://enforcement.trade.gov/frn/index.html. The signed and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Use of Adverse Facts Available

    In making this final determination, the Department relied in part 
on facts available. Because POSCO Chemtech and POSCO M-Tech, which are 
cross-owned affiliates of POSCO, and Hyundai Corporation, a trading 
company unaffiliated with POSCO, did not act to the best of their 
ability in responding to the Department's requests for information, we 
drew an adverse inference where appropriate in selecting from among the 
facts otherwise available.\3\ For further information, see the section 
``Use of Facts Otherwise Available and Adverse Inferences'' in the 
accompanying Issues and Decision Memorandum.
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    \3\ See Sections 776(a) and (b) of the Act; see also 19 CFR 
351.525(b)(6)(iv) and 19 CFR 351.525(c).
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received from parties and the 
minor corrections presented, as well as additional items discovered at 
verification, we made certain changes to the respondent's subsidy rate 
calculations. For a discussion of these changes, see the Issues and 
Decision Memorandum and POSCO's Final Calculation Memorandum.\4\
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    \4\ See Issues and Decision Memorandum; see also Memorandum from 
John Corrigan to Brian C. Davis, ``Countervailing Duty Investigation 
of Certain Carbon and Alloy Steel Cut-to-Length Plate from the 
Republic of Korea: POSCO Final Determination Calculation 
Memorandum,'' dated March 29, 2017 (POSCO's Final Calculation 
Memorandum).
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Final Negative Determination of Critical Circumstances

    On July 26, 2016, Petitioners \5\ timely filed a critical 
circumstances allegation, pursuant to section 703(e)(1) of the Tariff 
Act of 1930, as amended (the Act) and 19 CFR 351.206(c)(1), alleging 
that critical circumstances exist with respect to imports of CTL plate 
from Korea.\6\ The Department preliminarily determined that critical 
circumstances did not exist with respect to POSCO, POSCO-Daewoo 
Corporation, and all-other producers/exporters from Korea.\7\ Our 
analysis and conclusion concerning critical circumstances remain 
unchanged for our final determination.\8\
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    \5\ Petitioners are ArcelorMittal USA LLC, Nucor Corporation, 
and SSAB Enterprises, LLC.
    \6\ See Letter from Petitioners, ``Re: Certain Carbon and Alloy 
Steel Cut-To-Length Plate from Austria, Belgium, Brazil, the 
Republic of Korea, Taiwan, and Turkey: Critical Circumstances 
Allegations,'' dated July 26, 2016.
    \7\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey; 
Antidumping and Countervailing Duty Investigations: Preliminary 
Determinations of Critical Circumstances, 81 FR 61666 (September 7, 
2016).
    \8\ See Issues and Decision Memorandum at Section III, ``Final 
Determination of Critical Circumstances.''
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All-Others Rate

    In accordance with section 705(c)(1)(B)(i) of the Act, we 
calculated a rate for POSCO, the exporter/producer of subject 
merchandise selected for individual examination in this investigation.
    In accordance with sections 705(c)(1)(B)(i)(I) and 705(c)(5)(A) of 
the Act, for companies not individually investigated, we apply an 
``all-others'' rate, which is normally calculated by weighting the 
subsidy rates of the individual companies selected as respondents with 
those companies' export sales of the subject merchandise to the United 
States. Section 705(c)(5)(A)(i) of the Act states that the all-others 
rate shall be an amount equal to the weighted-average countervailable 
subsidy rates established for exporters and producers individually 
investigated, excluding any rates that are zero or de minimis or any 
rates determined entirely on facts available. However, section 
705(c)(5)(A)(ii) of the Act states that if the countervailable subsidy 
rates for all exporters and producers individually investigated are 
zero or de minimis rates, or are determined entirely under section 776 
of the Act, the Department may use any reasonable method to establish 
an all-others rate for exporters and producers not individually 
investigated, including averaging the weighted-average countervailable 
subsidy rates determined for the exporters and producers individually 
investigated.
    POSCO is the only mandatory respondent in the instant 
investigation. We, therefore, are applying the countervailable subsidy 
rate calculated for POSCO to all-other producers/exporters not 
individually investigated. The Department has taken this approach to 
calculating the all-others rate in other countervailing duty (CVD) 
investigations.\9\ In accordance with the scope of this investigation, 
this application of POSCO's subsidy rate to all-other producers/
exporters applies only to subject CTL plate not within the physical 
description of cut-to-length carbon quality steel plate in the 1999 
Korea CVD Order.\10\
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    \9\ See, e.g., Grain-Oriented Electrical Steel from the People's 
Republic of China: Final Affirmative Countervailing Duty 
Determination, 79 FR 59221 (October 1, 2014) and accompanying Issues 
and Decision Memorandum at 12.
    \10\ See Final Affirmative Countervailing Duty Determination: 
Certain Cut-to-Length Carbon-Quality Steel Plate from the Republic 
of Korea, 64 FR 6587 (December 29, 1999), as amended, 65 FR 6587 
(February 10, 2000) (1999 Korea CVD Order).
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Final Determination

    The final subsidy rates are as follows:

------------------------------------------------------------------------
                                                           Subsidy rate
                    Producer/exporter                        (percent)
------------------------------------------------------------------------
POSCO...................................................            4.31
All-Others..............................................            4.31
------------------------------------------------------------------------

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).

Suspension of Liquidation

    In the Preliminary Determination, the total net countervailable 
subsidy rates for the individually examined

[[Page 16343]]

respondents were de minimis and, therefore, we did not suspend 
liquidation of entries of CTL plate from Korea. However, as the 
estimated subsidy rates for the examined company is above de minimis in 
this final determination, we are directing U.S. Customs and Border 
Protection (CBP) to suspend liquidation of entries of CTL plate from 
Korea that are entered, or withdrawn from warehouse, for consumption on 
or after the date of publication of this notice in the Federal 
Register, and to require a cash deposit for such entries of merchandise 
in the amounts indicated above, pursuant to section 705(c)(1)(B)(ii) of 
the Act. The suspension of liquidation will remain in effect until 
further notice.
    If the U.S. International Trade Commission (ITC) issues a final 
affirmative injury determination, we will issue a CVD order and 
instruct CBP to continue to require a cash deposit of estimated CVDs 
for such entries of subject merchandise in the amounts indicated above. 
If the ITC determines that material injury, or threat of material 
injury, does not exist, this proceeding will be terminated and all 
estimated duties deposited or securities posted as a result of the 
suspension of liquidation will be refunded or canceled.

ITC Notification

    In accordance with section 705(d) of the Act, we will notify the 
ITC of our determination. In addition, we are making available to the 
ITC all non-privileged and non-proprietary information related to this 
investigation. We will allow the ITC access to all privileged and 
business proprietary information in our files, provided the ITC 
confirms that it will not disclose such information, either publicly or 
under an administrative protective order (APO), without the written 
consent of the Acting Assistant Secretary for Enforcement and 
Compliance.

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 is issued and published pursuant to sections 
705(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 1,250 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 Brazil and the Republic of Korea: Amended 
Final Affirmative Countervailing Duty Orders, 81 FR 67960 (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 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 and 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:

[[Page 16344]]

    (i) 270-300 HBW,
    (ii) 290-320 HBW, or
    (iii) 320-350HBW;
    (c) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not 
exceeding 0.5, D not exceeding 1.5; and
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 2 mm flat bottom hole;
    (6) Alloy forged and rolled steel CTL plate over 407 mm in 
actual thickness and meeting the following requirements:
    (a) Made from Electric Arc Furnace melted, Ladle refined and 
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 95 ksi 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 and 
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 145 ksi or 
more and UTS 160 ksi 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.
    At the time of the filing of the petition, there was an existing 
countervailing duty order on certain cut-to-length carbon-quality 
steel plate from Korea. See Final Affirmative Countervailing Duty 
Determination: Certain Cut-to-Length Carbon-Quality Steel Plate From 
the Republic of Korea, 64 FR 73176 (Dep't Commerce Dec. 29, 1999), 
as amended, 65 FR 6587 (Dep't Commerce Feb. 10, 2000) (1999 Korea 
CVD Order). The scope of the countervailing duty investigation with 
regard to cut-to-length plate from Korea covers only (1) subject 
cut-to-length plate not within the physical description of cut-to-
length carbon quality steel plate in the 1999 Korea CVD Order 
regardless of producer or exporter, and (2) cut-to-length plate 
produced and/or exported by those companies that were excluded or 
revoked from the 1999 Korea CVD Order as of April 8, 2016. The only 
revoked or excluded company is Pohang Iron and Steel Company, also 
known as POSCO.
    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. Final Determination of Critical Circumstances
IV. Scope of the Investigation
V. Scope Comments
VI. Subsidies Valuation Information
VII. Use of Facts Otherwise Available and Adverse Inferences
VIII. Calculation of the All-Others Rate
IX. Analysis of Programs
X. Analysis of Comments
    Comment 1: Whether the Department Should Consider POSCO Energy's 
Sales of Electricity under the Government of Korea's Purchases of 
Electricity for More Than Adequate Remuneration Program
    Comment 2: Whether the Department Should Find That the Provision 
of Electricity for Less Than Adequate Remuneration (LTAR) is a 
Countervailable Subsidy
    Comment 3: Whether the Department Should Apply AFA with Respect 
to POSCO Chemtech's Unreported Port Usage Grants
    Comment 4: Whether the Department Should Apply AFA with Respect 
to POSCO M-Tech's Unreported Subsidies
    Comment 5: Whether the Department Should Apply AFA with Respect 
to POSCO Chemtech's Research & Development Grant Program
    Comment 6: Whether the Department Should Apply AFA with Respect 
to Hyundai Corporation's Unreported Tax Exemption
    Comment 7: Whether the Department Should Find Have Initiated 
Nucor's Allegation that the GOK Provides the Provision of Natural 
Gas in All Forms for LTAR
    Comment 8: Whether the Department Should Revise its Calculation 
Regarding Benefit to POSCO under Restriction of Special Taxation Act 
Article 9
    Comment 9: Whether the Department Verified that POSCO Did Not 
Receive any Benefit under the Free Economic Zone Programs
    Comment 10: Whether the Department Finds Tax Programs de facto 
Specific
XI. Recommendation

[FR Doc. 2017-06632 Filed 4-3-17; 8:45 am]
 BILLING CODE 3510-DS-P