Certain Carbon and Alloy Steel Cut-to-Length Plate From France: Final Results of Antidumping Duty Administrative Review; 2016-2018, 64044-64047 [2019-25155]
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Federal Register / Vol. 84, No. 224 / Wednesday, November 20, 2019 / Notices
established in the LTFV investigation.9
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of AD duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in the
Secretary’s presumption that
reimbursement of AD duties occurred
and the subsequent assessment of
double AD duties.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/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.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: November 14, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
The diffusion-annealed, nickel-plated flatrolled steel products included in this order
are flat-rolled, cold-reduced steel products,
regardless of chemistry; whether or not in
coils; either plated or coated with nickel or
nickel-based alloys and subsequently
annealed (i.e., ‘‘diffusion-annealed’’);
whether or not painted, varnished or coated
with plastics or other metallic or nonmetallic
substances; and less than or equal to 2.0 mm
in nominal thickness. For purposes of this
order, ‘‘nickel-based alloys’’ include all
nickel alloys with other metals in which
nickel accounts for at least 80 percent of the
alloy by volume.
Imports of merchandise included in the
scope of this order are classified primarily
under Harmonized Tariff Schedule of the
United States (HTSUS) subheadings
7212.50.0000 and 7210.90.6000, but may also
9 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Antidumping
Duty Order, 79 FR 30816 (May 29, 2014).
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17:21 Nov 19, 2019
Jkt 250001
be classified under HTSUS subheadings
7210.70.6090, 7212.40.1000, 7212.40.5000,
7219.90.0020, 7219.90.0025, 7219.90.0060,
7219.90.0080, 7220.90.0010, 7220.90.0015,
7225.99.0090, or 7226.99.0180. Although the
HTSUS subheadings are provided for
convenience and customs purposes, the
written description of the scope of this order
is dispositive.
Appendix II
List of Topics Discussed in the IDM
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
Comment 1: Time Periods Used in the
Cohen’s d Test
Comment 2: Window Periods Used to
Define the Universe of Home Market
Sales
Comment 3: Purchasers Used in the
Cohen’s d Test
V. Recommendation
[FR Doc. 2019–25154 Filed 11–19–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–828]
Certain Carbon and Alloy Steel Cut-toLength Plate From France: Final
Results of Antidumping Duty
Administrative Review; 2016–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that the producer/
exporter subject to this administrative
review made sales of subject
merchandise at less than normal value
during the period of review (POR)
November 14, 2016 through April 30,
2018.
AGENCY:
DATES:
Applicable November 20, 2019.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz or Terre Keaton Stefanova,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2972 or
(202) 482–1280, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers one producer/
exporter, Industeel France S.A.S
(Industeel). On July 17, 2019, Commerce
published the Preliminary Results.1 We
1 See Certain Carbon and Alloy Steel Cut-toLength Plate from France: Preliminary Results of
Antidumping Duty Administrative Review; 2016–
PO 00000
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Sfmt 4703
invited interested parties to comment on
the Preliminary Results. On August 16,
2019, we received case briefs from
SSAB Enterprises, LLC (the petitioner)
and Industeel.2 On August 21, 2019, we
received rebuttal briefs from the
petitioner and Industeel.3 Commerce
conducted this review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order
is certain carbon and alloy steel cut-tolength plate. The product is currently
classified under the following
Harmonized Tariff Schedule of the
United States (HTSUS) 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. Although the HTSUS
numbers are provided for convenience
and for customs purposes, the written
product description remains dispositive.
For a complete description of the scope
of the order, see Appendix I of this
notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in Appendix II
to this notice and addressed in the
Issues and Decision Memorandum.4
Interested parties can find a complete
discussion of these issues and the
corresponding recommendations in this
public memorandum, which 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 available
to all interested parties in the Central
2018, 84 FR 34125 (July 17, 2019) (Preliminary
Results).
2 See Petitioner’s Case Brief, ‘‘Certain Carbon and
Alloy Steel Cut-to-Length Plate from France:
Petitioner’s Case Brief,’’ dated August 16, 2019; see
also Industeel’s Case Brief, ‘‘Certain Carbon and
Alloy Steel Cut-to-Length Plate from France: Case
Brief of Industeel France S.A.,’’ dated August 16,
2019.
3 See Petitioner’s Rebuttal Brief, ‘‘Certain Carbon
and Alloy Steel Cut-to-Length Plate from France:
Petitioner’s Rebuttal Brief,’’ dated August 21, 2019;
see also Industeel’s Rebuttal Brief, ‘‘Certain Carbon
and Alloy Steel Cut-to-Length Plate from France:
Rebuttal Brief of Industeel France S.A.,’’ dated
August 21, 2019.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2016–
2018 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel CutTo-Length Plate from France,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Federal Register / Vol. 84, No. 224 / Wednesday, November 20, 2019 / Notices
Records Unit, room B8024, of the main
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.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
preliminary weighted-average dumping
margin for Industeel.5
Final Results of the Review
We are assigning the following
weighted-average dumping margin to
the firm listed below for the period
November 14, 2016 through April 30,
2018:
Producer or exporter
Weightedaverage
dumping
margin
(percent)
Industeel France S.A.S ..............
4.83
Disclosure of Calculations
We intend to disclose the calculations
performed for these final results within
five days of the date of publication of
this notice to parties in this proceeding,
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
Pursuant to 19 CFR 351.212(b)(1), we
calculated importer-specific ad valorem
duty assessment rates based on the ratio
of the total amount of dumping
calculated for the examined sales to the
total entered value of those sales. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. We further will
instruct CBP to take into account the
‘‘provisional measures deposit cap,’’ in
accordance with 19 CFR 351.212(d). The
final results of this review shall be the
basis for the assessment of antidumping
5 See
IDM at 2.
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17:21 Nov 19, 2019
Jkt 250001
duties on entries of merchandise
covered by the final results of this
review.6
Commerce’s ‘‘reseller policy’’ will
apply to entries of subject merchandise
during the POR produced by Industeel
for which Industeel did not know that
the merchandise it sold to the
intermediary (e.g., a reseller, trading
company, or exporter) was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction.7
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for Industeel will
be equal to the weighted-average
dumping margin that is established in
the final results of this review, except if
the rate is less than 0.50 percent and,
therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be
zero; (2) for companies not participating
in this review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment of this
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the producer is, the
cash deposit rate will be the cash
deposit rate established for the most
recently completed segment for the
producer of the subject merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 6.15 percent, the all-others rate
established in the LTFV investigation.8
These deposit requirements, when
6 See
section 751(a)(2)(C) of the Act.
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
8 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea, and Taiwan, and Antidumping
Duty Orders, 82 FR 24096, 24098 (May 25, 2017).
7 For
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Sfmt 4703
64045
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/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.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act.
Dated: November 14, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
The products covered by this order 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
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Federal Register / Vol. 84, No. 224 / Wednesday, November 20, 2019 / Notices
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
order 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 order 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 order
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 order:
(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
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17:21 Nov 19, 2019
Jkt 250001
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
order;
(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,
• 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
PO 00000
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Sfmt 4703
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 order 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 order may also
enter under the following HTSUS item
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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 order is dispositive.
Appendix II
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
Comment 1: Use of Facts Available to
Address a Reporting Error
Comment 2: Calculation of the Variable
Cost of Manufacturing
Comment 3: Treatment of the Exceptional
Depreciation Expenses
V. Recommendation
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
[C–533–890]
Certain Quartz Surface Products From
India: Amended Preliminary
Affirmative Countervailing Duty
Determination, Preliminary Affirmative
Critical Circumstances Determination,
in Part, and Alignment of Final
Determination With Final Antidumping
Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the
preliminary affirmative countervailing
duty determination on certain quartz
surface products from India to correct
significant ministerial errors.
DATES: Applicable November 20, 2019.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3692.
17:21 Nov 19, 2019
Jkt 250001
Period of Investigation
The period of investigation (POI) is
April 1, 2018 through March 31, 2019.
Scope of the Investigation
Analysis of a Significant Ministerial
Error Allegation
International Trade Administration
VerDate Sep<11>2014
Background
In accordance with section 703(b) of
the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.205(b), on October
11, 2019, Commerce published its
preliminary affirmative countervailing
duty determination on certain quartz
surface products from India.1 On
October 16, 2019, Cambria Company
LLC (the petitioner) submitted
comments alleging significant
ministerial errors in our preliminary
determination with respect to Pokarna
Engineered Stone Limited (Pokarna).2
No other party submitted ministerial
error comments. However, as noted in
the amended preliminary memorandum,
interested parties submitted ministerial
rebuttal comments, which we have not
considered in addressing the
petitioner’s ministerial error allegations,
consistent with 19 CFR 351.224(c)(3).3
The products covered by this
investigation are quartz surface products
from India. For a complete description
of the scope of this investigation, see the
Appendix to this notice.
[FR Doc. 2019–25155 Filed 11–19–19; 8:45 am]
AGENCY:
SUPPLEMENTARY INFORMATION:
Commerce will analyze any
comments received and, if appropriate,
correct any significant ministerial error
by amending the preliminary
determination according to 19 CFR
351.224(e). A ministerial error is
defined in 19 CFR 351.224(f) as ‘‘an
error in addition, subtraction, or other
arithmetic function, clerical error
resulting from inaccurate copying,
duplication, or the like, and any other
similar type of unintentional error
1 See Certain Quartz Surface Products from India:
Preliminary Affirmative Countervailing Duty
Determination, Preliminary Affirmative Critical
Circumstances Determination, In Part, and
Alignment of Final Determination with Final
Antidumping Duty Determination, 84 FR 54838
(October 11, 2019) (Preliminary Determination).
2 See Petitioner’s Letter, ‘‘Quartz Surface Products
from India: Ministerial Errors in the Preliminary
Determination,’’ dated October 15, 2019
(Petitioner’s Ministerial Errors).
3 See Memorandum, ‘‘Countervailing Duty
Investigation of Certain Quartz Surface Products
from India: Allegation of Ministerial Errors in the
Preliminary Affirmative Determination,’’ dated
concurrently with this notice (Amended
Preliminary Determination Memo).
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
64047
which the Secretary considers
ministerial.’’ 4 A significant ministerial
error is defined as a ministerial error,
the correction of which, singly or in
combination with other errors, would
result in: (1) A change of at least five
absolute percentage points in, but not
less than 25 percent of, the
countervailable subsidy rate calculated
in the original preliminary
determination; or (2) a difference
between a countervailable subsidy rate
of zero or de minimis and a
countervailable subsidy rate greater than
de minimis or vice versa.5
Amended Preliminary Determination
Pursuant to 19 CFR 351.224(e) and
(g)(1), Commerce is amending the
Preliminary Determination to reflect the
correction of ministerial errors made in
the calculation of the countervailing
duty subsidy rate for Pokarna.6
Commerce finds that the petitioner’s
claimed error is a significant ministerial
error within the meaning of 19 CFR
351.224(g), because Pokarna’s
countervailing duty subsidy rate
increased from 1.90 to 81.31 percent for
the allotted land for less than adequate
renumeration (LTAR) program. In
addition, correction of a ministerial
error for Pokarna Limited’s exportoriented unit program increased the
countervailing subsidy rate from 0.13
percent to 0.19 percent. As a result of
the correction of these ministerial
errors, which in combination exceed the
specified threshold, i.e., a change of at
least five absolute percentage points in,
but not less than 25 percent of, the
subsidy rate calculated in the original
Preliminary Determination is
significant. Accordingly, as part of this
amended preliminary determination,
Commerce will amend the estimated
subsidy rate of 83.79 percent calculated
for Pokarna. Further, in the Preliminary
Determination, Commerce assigned
Pokarna’s rate as the rate for all other
producers and exporters because the
rate for Antique Marbonite, the other
mandatory respondent was de minimis.
Thus, Pokarna’s amended estimated
subsidy rate of 83.79 percent will be
assigned as the rate for all other
producers and exporters. Antique
Marbonite’s rate of 1.57 percent remains
unchanged.
4 See
section 735(e) of the Act.
19 CFR 351.224(g).
6 See Amended Preliminary Determination
Memo.
5 See
E:\FR\FM\20NON1.SGM
20NON1
]]>Agencies
[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Pages 64044-64047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25155]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-828]
Certain Carbon and Alloy Steel Cut-to-Length Plate From France:
Final Results of Antidumping Duty Administrative Review; 2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the producer/
exporter subject to this administrative review made sales of subject
merchandise at less than normal value during the period of review (POR)
November 14, 2016 through April 30, 2018.
DATES: Applicable November 20, 2019.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Terre Keaton
Stefanova, AD/CVD Operations, Office II, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2972
or (202) 482-1280, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers one producer/exporter, Industeel France S.A.S
(Industeel). On July 17, 2019, Commerce published the Preliminary
Results.\1\ We invited interested parties to comment on the Preliminary
Results. On August 16, 2019, we received case briefs from SSAB
Enterprises, LLC (the petitioner) and Industeel.\2\ On August 21, 2019,
we received rebuttal briefs from the petitioner and Industeel.\3\
Commerce conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
France: Preliminary Results of Antidumping Duty Administrative
Review; 2016-2018, 84 FR 34125 (July 17, 2019) (Preliminary
Results).
\2\ See Petitioner's Case Brief, ``Certain Carbon and Alloy
Steel Cut-to-Length Plate from France: Petitioner's Case Brief,''
dated August 16, 2019; see also Industeel's Case Brief, ``Certain
Carbon and Alloy Steel Cut-to-Length Plate from France: Case Brief
of Industeel France S.A.,'' dated August 16, 2019.
\3\ See Petitioner's Rebuttal Brief, ``Certain Carbon and Alloy
Steel Cut-to-Length Plate from France: Petitioner's Rebuttal
Brief,'' dated August 21, 2019; see also Industeel's Rebuttal Brief,
``Certain Carbon and Alloy Steel Cut-to-Length Plate from France:
Rebuttal Brief of Industeel France S.A.,'' dated August 21, 2019.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is certain carbon and alloy
steel cut-to-length plate. The product is currently classified under
the following Harmonized Tariff Schedule of the United States (HTSUS)
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. Although the HTSUS numbers are provided for
convenience and for customs purposes, the written product description
remains dispositive. For a complete description of the scope of the
order, see Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in
Appendix II to this notice and addressed in the Issues and Decision
Memorandum.\4\ Interested parties can find a complete discussion of
these issues and the corresponding recommendations in this public
memorandum, which 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 available to all interested parties in the
Central
[[Page 64045]]
Records Unit, room B8024, of the main 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2016-2018 Administrative Review of the
Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-To-
Length Plate from France,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margin for
Industeel.\5\
---------------------------------------------------------------------------
\5\ See IDM at 2.
---------------------------------------------------------------------------
Final Results of the Review
We are assigning the following weighted-average dumping margin to
the firm listed below for the period November 14, 2016 through April
30, 2018:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
------------------------------------------------------------------------
Industeel France S.A.S..................................... 4.83
------------------------------------------------------------------------
Disclosure of Calculations
We intend to disclose the calculations performed for these final
results within five days of the date of publication of this notice to
parties in this proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the examined sales to the total entered value
of those sales. Where either the respondent's weighted-average dumping
margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. We further will instruct CBP to
take into account the ``provisional measures deposit cap,'' in
accordance with 19 CFR 351.212(d). The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review.\6\
---------------------------------------------------------------------------
\6\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by Industeel for which Industeel
did not know that the merchandise it sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\7\
---------------------------------------------------------------------------
\7\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Industeel will
be equal to the weighted-average dumping margin that is established in
the final results of this review, except if the rate is less than 0.50
percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for companies not participating in this review, the cash deposit rate
will continue to be the company-specific cash deposit rate published
for the most recently completed segment of this proceeding in which the
company participated; (3) if the exporter is not a firm covered in this
review, or the original less-than-fair-value (LTFV) investigation, but
the producer is, the cash deposit rate will be the cash deposit rate
established for the most recently completed segment for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 6.15 percent, the all-others
rate established in the LTFV investigation.\8\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\8\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea, and Taiwan, and Antidumping Duty
Orders, 82 FR 24096, 24098 (May 25, 2017).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/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.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: November 14, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
The products covered by this order 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
[[Page 64046]]
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 order 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 order 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 order 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
order:
(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 order;
(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,
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 order 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 order may also enter under the
following HTSUS item
[[Page 64047]]
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
order is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
Comment 1: Use of Facts Available to Address a Reporting Error
Comment 2: Calculation of the Variable Cost of Manufacturing
Comment 3: Treatment of the Exceptional Depreciation Expenses
V. Recommendation
[FR Doc. 2019-25155 Filed 11-19-19; 8:45 am]
BILLING CODE 3510-DS-P
