Certain Carbon and Alloy Steel Cut-To-Length Plate From Taiwan: Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 16372-16375 [2017-06703]
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16372
Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
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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
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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 antidumping duty order
on certain cut-to-length carbon-quality steel
plate products from Korea. See Notice of
Final Determination of Sales at Less Than
Fair Value: Certain Cut-To-Length CarbonQuality Steel Plate Products from Korea, 64
FR 73,196 (Dep’t Commerce Dec. 29, 1999),
as amended, 65 FR 6,585 (Dep’t Commerce
Feb 10, 2000) (1999 Korea AD Order). The
scope of the antidumping 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-tolength carbon quality steel plate in the 1999
Korea AD 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 AD 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. Scope of the Investigation
IV. Scope Comments
V. Margin Calculations
VI. Discussion of the Issues
1. Differential Pricing
2. Whether POSCO Cost Reporting Merits
Use of Adverse Facts Available
3. Expenses Related to Greenhouse Gas
Emissions Program
4. Investment Activities
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5. Litigation Expenses
6. POSCO Sales of CONNUM Used in Line
Pipe Applications
7. Collapsing
8. Calculation of POSCO Freight Cap
9. Whether to Grant POSCO a CEP Offset
VII. Recommendation
[FR Doc. 2017–06631 Filed 4–3–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–858]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Taiwan: Final
Determination of Sales at Less Than
Fair Value and Final Negative
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 Taiwan 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 do not 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:
Davina Friedmann or Tyler Weinhold,
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) 482–0698
and (202) 482–1121, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 14, 2016, the
Department published the Preliminary
Determination of sales at LTFV of CTL
plate from Taiwan.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
1 See Certain Carbon and Alloy Steel Cut-toLength Plate From France: Preliminary
Determination of Sales at Less Than Fair Value, 81
FR 79420 (November 14, 2016) (Preliminary
Determination).
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Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Notices
Memorandum, which is hereby adopted
by this notice.2
Scope of the Investigation
The scope of the investigation covers
CTL plate from Taiwan. 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.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in November and December 2016, and
in January 2017, we verified the sales
and cost information submitted by
China Steel Corporation (China Steel)
and Shang Chen Steel Co., Ltd. (Shang
Chen) 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 China Steel and Shang
Chen.3
2 See Memorandum from Gary Taverman,
Associate Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Ronald K. Lorentzen, Acting Assistant Secretary
for Enforcement and Compliance, ‘‘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 Taiwan,’’ dated concurrently
with this notice (Issues and Decision
Memorandum).
3 For discussion of our verification findings, see
the following memoranda: For China Steel, see
Memorandum to the File from Tyler Weinhold,
Davina Friedmann, and Tom Bellhouse, Case
Analysts, AD/CVD Operations, Office VI, entitled
‘‘Verification of the Sales Responses of China Steel
corp. in the Investigation on Certain Carbon and
Alloy Steel Cut-to-Length Plate From France,’’
dated February 15, 2017 (China Steel Sales
Verification Report); and Memorandum to Neal
Halper from Gary Urso, Senior Accountant, Office
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Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for China Steel
and Shang Chen. For a discussion of
these changes, see the ‘‘Margin
Calculations’’ section of the Issues and
Decision Memorandum.
Final Determination of Negative
Critical Circumstances
For the Preliminary Determination,
the Department found that critical
circumstances existed with respect to
imports of CTL plate from China Steel
and the companies that are covered by
the ‘‘all others’’ rate, but did not exist
for imports from Shang Chen.4 We
modified our critical circumstances
findings for China Steel and the
companies that are covered by the ‘‘all
others’’ rate for the final determination.
For further discussion, see the Issues
and Decision Memorandum at Comment
11. Thus, pursuant to section 735(a)(3)
of the Act and 19 CFR 351.206, we find
that critical circumstances do not exist
with respect to subject merchandise
produced or exported by China Steel,
Shang Chen, or the companies that are
covered by the ‘‘all others’’ rate.
Adverse Facts Available
In making this final determination,
the Department relied, in part, on facts
available for China Steel and Shang
Chen. Furthermore, because China Steel
and Shang Chen did not act to the best
of their ability in responding to certain
of the Department’s requests for
information, we drew an adverse
inference where appropriate in selecting
from among the facts otherwise
available.5 For further information, see
of Accounting, entitled ‘‘Verification of the Cost
Response of China Steel Corporation in the
Antidumping Duty Investigation of Carbon and
Alloy Steel Cut-to-Length Plate from Taiwan,’’
dated February 9, 2017 (China Steel Cost
Verification Report). For Shang Chen, see
Memorandum to the File from Davina Friedmann,
Tyler Weinhold, and Tom Bellhouse, Case Analysts,
AD/CVD Operations, Office VI, entitled
‘‘Verification of the Sales Responses of Shang Chen
Steel Co., Ltd. in the Investigation on Certain
Carbon and Alloy Steel Cut-to-Length Plate from
Taiwan,’’ dated February 9, 2017 (Shang Chen Sales
Verification Report); Memorandum to Neal Halper
File, Director of Accounting, from Lakshmi Jones
Accountant, Office of Accounting, entitled
‘‘Verification of the Cost of Production (COP) and
Constructed Value (CV) Response of Shang Chen
Steel Co. Ltd. (SCS) in the antidumping duty
investigation of Cut-to-Length Plate from Taiwan,’’
dated January 26, 2017 (Shang Chen Cost
Verification Report).
4 See Preliminary Determination, and
accompanying Preliminary Decision Memorandum
at 4 to 5.
5 See sections 776(a) and (b) of the Act.
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16373
the accompanying Issues and Decision
Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated all-others
rate shall be an amount equal to the
weighted-average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding any
zero or de minimis margins, and
margins determined entirely under
section 776 of the Act. For the final
determination, the Department
calculated the ‘‘all others’’ rate based on
a simple average of China Steel’s and
Shang Chen’s margins.6
Final Determination
The final weighted-average dumping
margins are as follows:
Exporter/manufacturer
China Steel Corporation .............
Shang Chen Steel Co., Ltd ........
All Others ....................................
Weightedaverage
dumping
margin
(percent)
6.95
3.62
5.29
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 Taiwan, 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.
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.
Further, because our final critical
circumstances determination is
negative, in accordance with section
735(c)(3) of the Act, we will instruct
CBP to terminate the retroactive
suspension of liquidation ordered at the
Preliminary Determination for China
6 Because we did not have useable publiclyranged data on the record, we based the all others
rate on the simple average of the mandatory
respondents’ margins.
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Steel and ‘‘all other’’ companies and to
release any bond or security and refund
any cash deposits required with respect
to entries covered by the retroactive
suspension of liquidation.
International Trade Comission (ITC)
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of the
final affirmative determination of sales
at LTFV. Because the final
determination in this proceeding is
affirmative, in accordance with section
735(b)(2) of the Act, the ITC will make
its final determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
CTL plate from France 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.
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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
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products covered include (1) Universal mill
plates (i.e., flat-rolled products rolled on four
faces or in a closed box pass, of a width
exceeding 150 mm but not exceeding 1250
mm, and of a thickness of not less than 4
mm, which are not in coils and without
patterns in relief), and (2) hot-rolled or forged
flat steel products of a thickness of 4.75 mm
or more and of a width which exceeds 150
mm and measures at least twice the
thickness, and which are not in coils,
whether or not with patterns in relief. The
covered products described above may be
rectangular, square, circular or other shapes
and include products of either rectangular or
non-rectangular cross-section where such
non-rectangular cross-section is achieved
subsequent to the rolling process, i.e.,
products which have been ‘‘worked after
rolling’’ (e.g., products which have been
beveled or rounded at the edges).
For purposes of the width and thickness
requirements referenced above, the following
rules apply:
(1) Except where otherwise stated where
the nominal and actual thickness or width
measurements vary, a product from a given
subject country is within the scope if
application of either the nominal or actual
measurement would place it within the scope
based on the definitions set forth above; and
(2) where the width and thickness vary for
a specific product (e.g., the thickness of
certain products with non-rectangular 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,
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•
•
•
•
•
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•
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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) 320–350HBW;
(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 & 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,
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•
•
•
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);
VerDate Sep<11>2014
16:21 Apr 03, 2017
Jkt 241001
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 3.2 mm flat bottom hole;
and
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301.
The products subject to the investigation
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7208.40.3030,
7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7211.13.0000,
7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000.
The products subject to the investigation
may also enter under the following HTSUS
item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.19.1500, 7211.19.2000, 7211.19.4500,
7211.19.6000, 7211.19.7590, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.10.0000, 7214.30.0010, 7214.30.0080,
7214.91.0015, 7214.91.0060, 7214.91.0090,
7225.11.0000, 7225.19.0000, 7225.40.5110,
7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7226.11.1000,
7226.11.9060, 7226.19.1000, 7226.19.9000,
7226.91.0500, 7226.91.1530, 7226.91.1560,
7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Use of Adverse Facts Available
a. China Steel
b. Shang Chen
IV. Scope of the Investigation
V. Scope Comments
VI. Affiliations and Collapsing
VII. Margin Calculations
VIII. Discussion of Issues
a. China Steel
1. Whether to Apply Total Adverse Facts
Available to China Steel
2. China Steel Excluded Operating Costs
3. China Steel Under-Reported Prime
Merchandise
4. China Steel Under-Reported G&A
Expenses
5. China Steel Under-Reported Interest
Expenses
6. China Steel Improperly Reduced COGS
7. China Steel Date of Sale
8. China Steel Home Market Post-Sale Price
Adjustments
9. China Steel Destination Codes
10. China Steel Packing Expenses
11. Critical Circumstances
12. Alleged Errors in China Steel
Verification Report
b. Shang Chen
13. Total Adverse Facts Available for
Shang Chen
14. Adjustments to the Reported Per-Unit
Cost of Manufacturing
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
16375
15. Shang Chen General and
Administrative Expenses
16. Shang Chen Scrap Offset
17. Quarterly Cost Data
18. Shang Chen Differential Pricing
Analysis
19. Shang Chen Date of Sale
20. Shang Chen Sales-Related Revenues
21. Shang Chen Reported Packing Cost
22. Alleged Error in Shang Chen’s Margin
Calculation Program
IX. Recommendation
[FR Doc. 2017–06703 Filed 4–3–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Docket No.: 170301219–7219–01]
RIN 0625–XC029
Amendment to the Privacy Shield Cost
Recovery Fees
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of amendment to the
Privacy Shield cost recovery program
fees, with request for comments.
AGENCY:
Consistent with the
guidelines in OMB Circular A–25, the
U.S. Department of Commerce’s
International Trade Administration
(ITA) is revising the fee schedule
implemented on August 1, 2016. On
January 12, 2017, the Swiss Government
announced the approval of the SwissU.S. Privacy Shield Framework as a
valid legal mechanism to comply with
Swiss requirements when transferring
personal data from Switzerland to the
United States. For more detailed
information on the Swiss-U.S. Privacy
Shield Framework and the
announcement, please see https://
www.privacyshield.gov/ProgramOverview.
This notice revises the Privacy Shield
fee structure to incorporate the SwissU.S. Privacy Shield Framework in
addition to the existing EU–U.S. Privacy
Shield Framework. This is to support
the operation of both the EU–U.S. and
Swiss-U.S. Privacy Shield Frameworks
(Privacy Shield).
DATES: These fees are effective April 12,
2017. Comments must be received by
May 4, 2017.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal:
www.Regulations.gov. The identification
number is ITA–2017–0001.
• Postal Mail/Commercial Delivery to
Joshua Blume, Department of
Commerce, International Trade
SUMMARY:
E:\FR\FM\04APN1.SGM
04APN1
]]>Agencies
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16372-16375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06703]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-858]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Taiwan:
Final Determination of Sales at Less Than Fair Value and Final Negative
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
Taiwan 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 do not 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: Davina Friedmann or Tyler Weinhold,
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) 482-0698 and (202)
482-1121, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2016, the Department published the Preliminary
Determination of sales at LTFV of CTL plate from Taiwan.\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
[[Page 16373]]
Memorandum, which is hereby adopted by this notice.\2\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate From
France: Preliminary Determination of Sales at Less Than Fair Value,
81 FR 79420 (November 14, 2016) (Preliminary Determination).
\2\ See Memorandum from Gary Taverman, Associate Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for
Enforcement and Compliance, ``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 Taiwan,'' dated concurrently with this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The scope of the investigation covers CTL plate from Taiwan. For a
complete description of the scope of the investigation, see Appendix I.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this investigation are addressed in the Issues and Decision Memorandum.
A list of the issues raised is attached to this notice as Appendix II.
The Issues and Decision Memorandum is a public document and is on file
electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov,
and it is available to all parties in the Central Records Unit, Room B-
8024 of the main Department of Commerce building. In addition, a
complete version of the Issues and Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/frn/. The signed and
electronic versions of the Issues and Decision Memorandum are identical
in content.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in November and December 2016, and in January 2017, we
verified the sales and cost information submitted by China Steel
Corporation (China Steel) and Shang Chen Steel Co., Ltd. (Shang Chen)
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 China
Steel and Shang Chen.\3\
---------------------------------------------------------------------------
\3\ For discussion of our verification findings, see the
following memoranda: For China Steel, see Memorandum to the File
from Tyler Weinhold, Davina Friedmann, and Tom Bellhouse, Case
Analysts, AD/CVD Operations, Office VI, entitled ``Verification of
the Sales Responses of China Steel corp. in the Investigation on
Certain Carbon and Alloy Steel Cut-to-Length Plate From France,''
dated February 15, 2017 (China Steel Sales Verification Report); and
Memorandum to Neal Halper from Gary Urso, Senior Accountant, Office
of Accounting, entitled ``Verification of the Cost Response of China
Steel Corporation in the Antidumping Duty Investigation of Carbon
and Alloy Steel Cut-to-Length Plate from Taiwan,'' dated February 9,
2017 (China Steel Cost Verification Report). For Shang Chen, see
Memorandum to the File from Davina Friedmann, Tyler Weinhold, and
Tom Bellhouse, Case Analysts, AD/CVD Operations, Office VI, entitled
``Verification of the Sales Responses of Shang Chen Steel Co., Ltd.
in the Investigation on Certain Carbon and Alloy Steel Cut-to-Length
Plate from Taiwan,'' dated February 9, 2017 (Shang Chen Sales
Verification Report); Memorandum to Neal Halper File, Director of
Accounting, from Lakshmi Jones Accountant, Office of Accounting,
entitled ``Verification of the Cost of Production (COP) and
Constructed Value (CV) Response of Shang Chen Steel Co. Ltd. (SCS)
in the antidumping duty investigation of Cut-to-Length Plate from
Taiwan,'' dated January 26, 2017 (Shang Chen Cost Verification
Report).
---------------------------------------------------------------------------
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
China Steel and Shang Chen. For a discussion of these changes, see the
``Margin Calculations'' section of the Issues and Decision Memorandum.
Final Determination of Negative Critical Circumstances
For the Preliminary Determination, the Department found that
critical circumstances existed with respect to imports of CTL plate
from China Steel and the companies that are covered by the ``all
others'' rate, but did not exist for imports from Shang Chen.\4\ We
modified our critical circumstances findings for China Steel and the
companies that are covered by the ``all others'' rate for the final
determination. For further discussion, see the Issues and Decision
Memorandum at Comment 11. Thus, pursuant to section 735(a)(3) of the
Act and 19 CFR 351.206, we find that critical circumstances do not
exist with respect to subject merchandise produced or exported by China
Steel, Shang Chen, or the companies that are covered by the ``all
others'' rate.
---------------------------------------------------------------------------
\4\ See Preliminary Determination, and accompanying Preliminary
Decision Memorandum at 4 to 5.
---------------------------------------------------------------------------
Adverse Facts Available
In making this final determination, the Department relied, in part,
on facts available for China Steel and Shang Chen. Furthermore, because
China Steel and Shang Chen did not act to the best of their ability in
responding to certain of the Department's requests for information, we
drew an adverse inference where appropriate in selecting from among the
facts otherwise available.\5\ For further information, see the
accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------
\5\ See sections 776(a) and (b) of the Act.
---------------------------------------------------------------------------
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. For the final determination, the Department calculated the
``all others'' rate based on a simple average of China Steel's and
Shang Chen's margins.\6\
---------------------------------------------------------------------------
\6\ Because we did not have useable publicly-ranged data on the
record, we based the all others rate on the simple average of the
mandatory respondents' margins.
---------------------------------------------------------------------------
Final Determination
The final weighted-average dumping margins are as follows:
------------------------------------------------------------------------
Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
------------------------------------------------------------------------
China Steel Corporation..................................... 6.95
Shang Chen Steel Co., Ltd................................... 3.62
All Others.................................................. 5.29
------------------------------------------------------------------------
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
Taiwan, 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. 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.
Further, because our final critical circumstances determination is
negative, in accordance with section 735(c)(3) of the Act, we will
instruct CBP to terminate the retroactive suspension of liquidation
ordered at the Preliminary Determination for China
[[Page 16374]]
Steel and ``all other'' companies and to release any bond or security
and refund any cash deposits required with respect to entries covered
by the retroactive suspension of liquidation.
International Trade Comission (ITC) Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of the final affirmative determination of sales at LTFV. Because
the final determination in this proceeding is affirmative, in
accordance with section 735(b)(2) of the Act, the ITC will make its
final determination as to whether the domestic industry in the United
States is materially injured, or threatened with material injury, by
reason of imports of CTL plate from France no later than 45 days after
our final determination. If the ITC determines that material injury or
threat of material injury does not exist, the proceeding will be
terminated and all cash deposits will be refunded. If the ITC
determines that such injury does exist, the Department will issue an
antidumping duty order directing CBP to assess, upon further
instruction by the Department, antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders (APO)
This notice serves as a reminder to parties subject to APO of their
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a
sanctionable violation.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act.
Dated: March 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by this investigation are certain carbon
and alloy steel hot-rolled or forged flat plate products not in
coils, whether or not painted, varnished, or coated with plastics or
other non-metallic substances (cut-to-length plate). Subject
merchandise includes plate that is produced by being cut-to-length
from coils or from other discrete length plate and plate that is
rolled or forged into a discrete length. The products covered
include (1) Universal mill plates (i.e., flat-rolled products rolled
on four faces or in a closed box pass, of a width exceeding 150 mm
but not exceeding 1250 mm, and of a thickness of not less than 4 mm,
which are not in coils and without patterns in relief), and (2) hot-
rolled or forged flat steel products of a thickness of 4.75 mm or
more and of a width which exceeds 150 mm and measures at least twice
the thickness, and which are not in coils, whether or not with
patterns in relief. The covered products described above may be
rectangular, square, circular or other shapes and include products
of either rectangular or non-rectangular cross-section where such
non-rectangular cross-section is achieved subsequent to the rolling
process, i.e., products which have been ``worked after rolling''
(e.g., products which have been beveled or rounded at the edges).
For purposes of the width and thickness requirements referenced
above, the following rules apply:
(1) Except where otherwise stated where the nominal and actual
thickness or width measurements vary, a product from a given subject
country is within the scope if application of either the nominal or
actual measurement would place it within the scope based on the
definitions set forth above; and
(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of this investigation are
products in which: (1) Iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is 2
percent or less by weight.
Subject merchandise includes cut-to-length plate that has been
further processed in the subject country or a third country,
including but not limited to pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing, painting, varnishing,
trimming, cutting, punching, beveling, and/or slitting, or any other
processing that would not otherwise remove the merchandise from the
scope of the investigation if performed in the country of
manufacture of the cut-to-length plate.
All products that meet the written physical description, are
within the scope of this investigation unless specifically excluded
or covered by the scope of an existing order. The following products
are outside of, and/or specifically excluded from, the scope of this
investigation:
(1) Products clad, plated, or coated with metal, whether or not
painted, varnished or coated with plastic or other non-metallic
substances;
(2) military grade armor plate certified to one of the following
specifications or to a specification that references and
incorporates one of the following specifications:
MIL-A-12560,
MIL-DTL-12560H,
MIL-DTL-12560J,
MIL-DTL-12560K,
MIL-DTL-32332,
MIL-A-46100D,
MIL-DTL-46100-E,
MIL-46177C,
MIL-S-16216K Grade HY80,
MIL-S-16216K Grade HY100,
MIL-S-24645A HSLA-80;
MIL-S-24645A HSLA-100,
T9074-BD-GIB-010/0300 Grade HY80,
T9074-BD-GIB-010/0300 Grade HY100,
T9074-BD-GIB-010/0300 Grade HSLA80,
T9074-BD-GIB-010/0300 Grade HSLA100, and
T9074-BD-GIB-010/0300 Mod. Grade HSLA115,
except that any cut-to-length plate certified to one of the above
specifications, or to a military grade armor specification that
references and incorporates one of the above specifications, will
not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would
fall within the scope of this investigation;
(3) stainless steel plate, containing 10.5 percent or more of
chromium by weight and not more than 1.2 percent of carbon by
weight;
(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) 320-350HBW;
(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 &
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,
[[Page 16375]]
Molybdenum 0.35-0.55,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical properties:
(i) With a Brinell hardness not more than 237 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or
more and Reduction of area 35% or more; having charpy V at -75
degrees F in the longitudinal direction equal or greater than 15 ft.
lbs (single value) and equal or greater than 20 ft. lbs (average of
3 specimens) and conforming to the requirements of NACE MR01-75; or
(ii) With a Brinell hardness not less than 240 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or
more and Reduction of area 30% or more; having charpy V at -40
degrees F in the longitudinal direction equal or greater than 21 ft.
lbs (single value) and equal or greater than 31 ft. lbs (average of
3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301;
(7) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.25-0.30,
Silicon not greater than 0.25,
Manganese not greater than 0.50,
Nickel 3.0-3.5,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.0-1.5,
Molybdenum 0.6-0.9,
Vanadium 0.08 to 0.12
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding
1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not
exceeding 1.5(t) and 1.0(h);
(c) Having the following mechanical properties: A Brinell
hardness not less than 350 HBW measured in all parts of the product
including mid thickness; and having a Yield Strength of 145ksi or
more and UTS 160ksi or more, Elongation of 15% or more and Reduction
of area 35% or more; having charpy V at -40 degrees F in the
transverse direction equal or greater than 20 ft. lbs (single value)
and equal or greater than 25 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301.
The products subject to the investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000,
7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and
7226.91.5000.
The products subject to the investigation may also enter under
the following HTSUS item numbers: 7208.40.6060, 7208.53.0000,
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500,
7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000,
7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000,
7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000,
7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060,
7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530,
7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000,
7226.91.8000, and 7226.99.0180.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Use of Adverse Facts Available
a. China Steel
b. Shang Chen
IV. Scope of the Investigation
V. Scope Comments
VI. Affiliations and Collapsing
VII. Margin Calculations
VIII. Discussion of Issues
a. China Steel
1. Whether to Apply Total Adverse Facts Available to China Steel
2. China Steel Excluded Operating Costs
3. China Steel Under-Reported Prime Merchandise
4. China Steel Under-Reported G&A Expenses
5. China Steel Under-Reported Interest Expenses
6. China Steel Improperly Reduced COGS
7. China Steel Date of Sale
8. China Steel Home Market Post-Sale Price Adjustments
9. China Steel Destination Codes
10. China Steel Packing Expenses
11. Critical Circumstances
12. Alleged Errors in China Steel Verification Report
b. Shang Chen
13. Total Adverse Facts Available for Shang Chen
14. Adjustments to the Reported Per-Unit Cost of Manufacturing
15. Shang Chen General and Administrative Expenses
16. Shang Chen Scrap Offset
17. Quarterly Cost Data
18. Shang Chen Differential Pricing Analysis
19. Shang Chen Date of Sale
20. Shang Chen Sales-Related Revenues
21. Shang Chen Reported Packing Cost
22. Alleged Error in Shang Chen's Margin Calculation Program
IX. Recommendation
[FR Doc. 2017-06703 Filed 4-3-17; 8:45 am]
BILLING CODE 3510-DS-P
