Certain Carbon and Alloy Steel Cut-To-Length Plate From the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 17068-17070 [2022-06331]
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17068
Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices
varnished, or coated with plastics or
other non-metallic substances (cut-tolength plate). Full descriptions of the
scopes of the Orders are contained in
the Issues and Decision Memorandum.6
Analysis of Comments Received
All issues raised in these reviews are
addressed in the Issues and Decision
Memorandum, including the likelihood
of continuation or recurrence of
dumping in the event of revocation and
the magnitude of dumping margins
likely to prevail if the orders were
revoked. Parties can find a complete
discussion of all issues raised in these
reviews and the corresponding
recommendations in the Issues and
Decision 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. In addition, a
complete version of the Issues and
Decision Memorandum can be found at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Reviews
Pursuant to sections 751(c) and 752(c)
of the Act, Commerce determines that
revocation of the Orders would be likely
to lead to continuation or recurrence of
dumping and that the magnitude of the
margins of dumping likely to prevail
would be up to the following weightedaverage dumping margins:
Weightedaverage
dumping
margin
(percent)
Country
Notification Regarding Administrative
Protective Orders
This notice serves as a 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). Timely written
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 terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
these final results and notice in
accordance with sections 751(c), 752(c),
and 777(i)(1) of the Act, and 19 CFR
351.221(c)(5)(ii).
Dated: March 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scopes of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Expedited Sunset
Reviews
VIII. Recommendation
[FR Doc. 2022–06274 Filed 3–24–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–048]
lotter on DSK11XQN23PROD with NOTICES1
Austria .........................................
Belgium .......................................
Brazil ...........................................
China ..........................................
France .........................................
Germany .....................................
Italy .............................................
Japan ..........................................
Korea ..........................................
South Africa ................................
Taiwan ........................................
Turkey .........................................
53.72
51.78
74.52
68.27
148.02
22.90
22.19
48.67
7.39
94.14
6.95
50.00
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Expedited Sunset Reviews of
the Antidumping Duty Orders on Certain Carbon
and Alloy Steel Cut-to-Length Plate from Austria,
Belgium, Brazil, the People’s Republic of China,
France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, Italy, Japan, South
Africa, Taiwan, and the Republic of Turkey,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
VerDate Sep<11>2014
16:50 Mar 24, 2022
Jkt 256001
Certain Carbon and Alloy Steel Cut-ToLength Plate From the People’s
Republic of China: Final Results of the
Expedited First Sunset Review of the
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that revocation of the
countervailing duty (CVD) order on
certain carbon and alloy steel cut-tolength plate (CTL plate) from the
People’s Republic of China (China)
would be likely to lead to continuation
or recurrence of countervailing
subsidies at the levels indicated in the
‘‘Final Results of Sunset Review’’
section of this notice.
DATES: Applicable March 25, 2022.
AGENCY:
PO 00000
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Sfmt 4703
Eric
Hawkins, AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1988.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On March 20, 2017, Commerce
published in the Federal Register the
CVD order on CTL plate from China.1
On December 1, 2021, Commerce
initiated the first sunset review of the
Order, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the
Act).2 On December 15 and 16, 2021,
Commerce received timely filed notices
of intent to participate from SSAB
Enterprises, LLC (SSAB), Nucor
Corporation (Nucor), and ClevelandCliffs Inc. (Cleveland Cliffs)
(collectively, the domestic interested
parties) within the deadline specified in
19 CFR 351.218(d)(1)(i).3 The domestic
interested parties claimed interested
party status under section 771(9)(C) of
the Act as producers of the domestic
like product.
On December 27, 2021, Commerce
received an adequate substantive
response to the Initiation Notice from
the domestic interested parties within
the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).4 We received no
substantive responses from any other
interested parties, including the
Government of China. On January 20,
2022, Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.5 As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR
1 See Certain Carbon and Alloy Steel Cut-toLength Plate from the People’s Republic of China:
Countervailing Duty Order, 82 FR 14346 (March 20,
2017) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 86
FR 68220 (December 1, 2021) (Initiation Notice).
3 See SSAB’s Letter, ‘‘Notice of Intent to
Participate in the First Five-Review of the
Countervailing Duty Order on Carbon and Alloy
Steel Cut-to-Length Plate from China,’’ dated
December 15, 2021; see also Nucor’s Letter,
‘‘Carbon and Alloy Steel Cut-to-Length Plate from
the People’s Republic of China: Notice of Intent to
Participate in Sunset Review,’’ dated December 16,
2021; and Cleveland-Cliffs’s Letter, ‘‘Five-Year
(‘‘Sunset’’) Review of Countervailing Duty Order on
Carbon and Alloy Steel Cut-to-Length Plate from
China: Notice of Intent to Participate in Sunset
Review,’’ dated December 16, 2021.
4 See Domestic Interested Parties’ Letter, ‘‘Five
Year (‘‘Sunset’’) Review of the Countervailing Duty
Order on Carbon and Alloy Steel Cut-to-Length
Plate from China: Domestic Industry Substantive
Response,’’ dated December 27, 2021.
5 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on December 1, 2021,’’ dated January 20,
2022.
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Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices
return or destruction of APO materials
or conversion to judicial protective
order is hereby requested. Failure to
comply with the regulations and terms
of an APO is a violation which is subject
to sanction.
351.218(e)(1)(ii)(B)–(C), Commerce
conducted an expedited (120-day)
sunset review of the Order.
Scope of the Order
The products covered by this order
are CTL plate. For a complete
description of the scope of the Order,
see Appendix I.
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the accompanying
Issues and Decision Memorandum,6
which is hereby adopted by this notice.
The issues discussed in the Issues and
Decision Memorandum are listed in
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. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
that revocation of the Order would
likely lead to continuation or recurrence
of countervailable subsidy at the rates
listed below.
Net
subsidy
rate
(percent)
Exporter/producer
lotter on DSK11XQN23PROD with NOTICES1
Jiangyin Xingcheng Special Steel
Works Co. Ltd ...........................
Hunan Valin Xiangtan Iron &
Steel ..........................................
Viewer Development Co., Ltd ......
Jiangsu Tiangong Tools Company
Limited, Tiangong Aihe Company Limited, Jiangsu Tiangong
Group Company Limited,
Jiangsu Tiangong Mould Steel
R&D Center Company Limited
All Others ......................................
251.00
251.00
251.00
24.04
251.00
Administrative Protective Order (APO)
This notice serves as the only
reminder to interested parties subject to
an APO of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with 19 CFR
351.305. Timely notification of the
6 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
First Sunset Review of the Countervailing Duty
Order on Certain Carbon and Alloy Steel Cut-toLength Plate from the People’s Republic of China,’’
dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
VerDate Sep<11>2014
16:50 Mar 24, 2022
Jkt 256001
Notification to Interested Parties
We are issuing and publishing these
final results and notice in accordance
with sections 751(c), 752(b), and
777(i)(1) of the Act and 19 CFR 351.218.
Dated: March 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
Scope of the Order
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 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
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
PO 00000
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Fmt 4703
Sfmt 4703
17069
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,
E:\FR\FM\25MRN1.SGM
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17070
Federal Register / Vol. 87, No. 58 / Friday, March 25, 2022 / Notices
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm;
(b) With a Brinell hardness measured in all
parts of the product including mid thickness
falling within one of the following ranges:
(i) 270–300 HBW,
(ii) 290–320 HBW, or
(iii) 320–350 HBW;
(c) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.5, B not exceeding 1.0, C not
exceeding 0.5, D not exceeding 1.5; and
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 2 mm flat bottom hole;
(6) Alloy forged and rolled steel CTL plate
over 407 mm in actual thickness and meeting
the following requirements:
(a) Made from Electric Arc Furnace melted,
Ladle refined & vacuum degassed, alloy steel
with the following chemical composition
(expressed in weight percentages):
• Carbon 0.23–0.28,
• Silicon 0.05–0.15,
• Manganese 1.20–1.50,
• Nickel not greater than 0.4,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
• Chromium 1.20–1.50,
• Molybdenum 0.35–0.55,
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm;
(b) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.5, B not exceeding 1.5, C not
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical
properties:
(i) With a Brinell hardness not more than
237 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 75 ksi min and UTS 95
ksi or more, Elongation of 18% or more and
Reduction of area 35% or more; having
charpy V at ¥75 degrees F in the
longitudinal direction equal or greater than
15 ft. lbs (single value) and equal or greater
than 20 ft. lbs (average of 3 specimens) and
conforming to the requirements of NACE
MR01–75; or
(ii) With a Brinell hardness not less than
240 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 90 ksi min and UTS 110
ksi or more, Elongation of 15% or more and
Reduction of area 30% or more; having
charpy V at ¥40 degrees F in the
longitudinal direction equal or greater than
21 ft. lbs (single value) and equal or greater
than 31 ft. lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 3.2 mm flat bottom hole;
and
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301;
(7) Alloy forged and rolled steel CTL plate
over 407 mm in actual thickness and meeting
the following requirements:
(a) Made from Electric Arc Furnace melted,
ladle refined & vacuum degassed, alloy steel
with the following chemical composition
(expressed in weight percentages):
VerDate Sep<11>2014
16:50 Mar 24, 2022
Jkt 256001
• Carbon 0.25–0.30,
• Silicon not greater than 0.25,
• Manganese not greater than 0.50,
• Nickel 3.0–3.5,
• Sulfur not greater than 0.010,
• Phosphorus not greater than 0.020,
• Chromium 1.0–1.5,
• Molybdenum 0.6–0.9,
• Vanadium 0.08 to 0.12
• Boron 0.002–0.004,
• Oxygen not greater than 20 ppm,
• Hydrogen not greater than 2 ppm, and
• Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with
ASTM E45 method A (Thin and Heavy): A
not exceeding 1.0(t) and 0.5(h), B not
exceeding 1.5(t) and 1.0(h), C not exceeding
1.0(t) and 0.5(h), and D not exceeding 1.5(t)
and 1.0(h);
(c) Having the following mechanical
properties: A Brinell hardness not less than
350 HBW measured in all parts of the
product including mid thickness; and having
a Yield Strength of 145 ksi or more and UTS
160 ksi or more, Elongation of 15% or more
and Reduction of area 35% or more; having
charpy V at ¥40 degrees F in the transverse
direction equal or greater than 20 ft. lbs
(single value) and equal or greater than 25 ft.
lbs (average of 3 specimens);
(d) Conforming to ASTM A578–S9
ultrasonic testing requirements with
acceptance criteria 3.2 mm flat bottom hole;
and
(e) Conforming to magnetic particle
inspection in accordance with AMS 2301.
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
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, 7214.91.0016, 7214.91.0020,
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. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
PO 00000
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1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rate Likely
To Prevail
3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation
[FR Doc. 2022–06331 Filed 3–24–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB489]
Fisheries Finance Program;
Announcement of Availability of
Federal Financial Assistance for
Western Alaskan Community
Development Groups
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA).
ACTION: Notice of availability of Federal
financial assistance for Western Alaskan
Community Development Quota
Groups.
AGENCY:
NMFS announces the
availability of long-term direct loans for
Western Alaskan Community
Development Quota (CDQ) groups
through the Community Development
Loan program as a component of the
Fisheries Finance Program (FFP). The
Community Development loans will
provide financing for the purchase of all
or part of ownership interests in fishing
or processing vessels, shoreside fish
processing facilities, permits, quota, and
cooperative rights in any of the Bering
Sea and Aleutian Island fisheries. FFP
loans are not issued for purposes that
could contribute to over-fishing.
DATES: Letters of interest must be
received by April 25, 2022. Applications
should be submitted beginning April 25,
2022 and must be received by June 24,
2022.
ADDRESSES: Letters of interest will only
be accepted via email to
scott.houghtaling@noaa.gov.
Applications must be submitted
electronically to scott.houghtaling@
noaa.gov through secure transmissions.
FOR FURTHER INFORMATION CONTACT:
Applicants may obtain information
regarding Community Development
loans by contacting: Scott Houghtaling,
Branch Chief; Northwest Financial
Services Branch, F/MB53 National
Marine Fisheries Service, National
Oceanic and Atmospheric
Administration. Phone: (206) 526–6122
or by email to scott.houghtaling@
noaa.gov.
SUMMARY:
E:\FR\FM\25MRN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Notices]
[Pages 17068-17070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06331]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-048]
Certain Carbon and Alloy Steel Cut-To-Length Plate From the
People's Republic of China: Final Results of the Expedited First Sunset
Review of the Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that revocation of
the countervailing duty (CVD) order on certain carbon and alloy steel
cut-to-length plate (CTL plate) from the People's Republic of China
(China) would be likely to lead to continuation or recurrence of
countervailing subsidies at the levels indicated in the ``Final Results
of Sunset Review'' section of this notice.
DATES: Applicable March 25, 2022.
FOR FURTHER INFORMATION CONTACT: Eric Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1988.
SUPPLEMENTARY INFORMATION:
Background
On March 20, 2017, Commerce published in the Federal Register the
CVD order on CTL plate from China.\1\ On December 1, 2021, Commerce
initiated the first sunset review of the Order, pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On December
15 and 16, 2021, Commerce received timely filed notices of intent to
participate from SSAB Enterprises, LLC (SSAB), Nucor Corporation
(Nucor), and Cleveland-Cliffs Inc. (Cleveland Cliffs) (collectively,
the domestic interested parties) within the deadline specified in 19
CFR 351.218(d)(1)(i).\3\ The domestic interested parties claimed
interested party status under section 771(9)(C) of the Act as producers
of the domestic like product.
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the People's Republic of China: Countervailing Duty Order, 82 FR
14346 (March 20, 2017) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 68220
(December 1, 2021) (Initiation Notice).
\3\ See SSAB's Letter, ``Notice of Intent to Participate in the
First Five-Review of the Countervailing Duty Order on Carbon and
Alloy Steel Cut-to-Length Plate from China,'' dated December 15,
2021; see also Nucor's Letter, ``Carbon and Alloy Steel Cut-to-
Length Plate from the People's Republic of China: Notice of Intent
to Participate in Sunset Review,'' dated December 16, 2021; and
Cleveland-Cliffs's Letter, ``Five-Year (``Sunset'') Review of
Countervailing Duty Order on Carbon and Alloy Steel Cut-to-Length
Plate from China: Notice of Intent to Participate in Sunset
Review,'' dated December 16, 2021.
---------------------------------------------------------------------------
On December 27, 2021, Commerce received an adequate substantive
response to the Initiation Notice from the domestic interested parties
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We
received no substantive responses from any other interested parties,
including the Government of China. On January 20, 2022, Commerce
notified the U.S. International Trade Commission that it did not
receive an adequate substantive response from respondent interested
parties.\5\ As a result, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR
[[Page 17069]]
351.218(e)(1)(ii)(B)-(C), Commerce conducted an expedited (120-day)
sunset review of the Order.
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\4\ See Domestic Interested Parties' Letter, ``Five Year
(``Sunset'') Review of the Countervailing Duty Order on Carbon and
Alloy Steel Cut-to-Length Plate from China: Domestic Industry
Substantive Response,'' dated December 27, 2021.
\5\ See Commerce's Letter, ``Sunset Reviews Initiated on
December 1, 2021,'' dated January 20, 2022.
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Scope of the Order
The products covered by this order are CTL plate. For a complete
description of the scope of the Order, see Appendix I.
Analysis of Comments Received
All issues raised in this sunset review are addressed in the
accompanying Issues and Decision Memorandum,\6\ which is hereby adopted
by this notice. The issues discussed in the Issues and Decision
Memorandum are listed in 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. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Expedited First Sunset Review of the
Countervailing Duty Order on Certain Carbon and Alloy Steel Cut-to-
Length Plate from the People's Republic of China,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would likely lead to
continuation or recurrence of countervailable subsidy at the rates
listed below.
------------------------------------------------------------------------
Net
subsidy
Exporter/producer rate
(percent)
------------------------------------------------------------------------
Jiangyin Xingcheng Special Steel Works Co. Ltd............... 251.00
Hunan Valin Xiangtan Iron & Steel............................ 251.00
Viewer Development Co., Ltd.................................. 251.00
Jiangsu Tiangong Tools Company Limited, Tiangong Aihe Company 24.04
Limited, Jiangsu Tiangong Group Company Limited, Jiangsu
Tiangong Mould Steel R&D Center Company Limited.............
All Others................................................... 251.00
------------------------------------------------------------------------
Administrative Protective Order (APO)
This notice serves as the only reminder to interested parties
subject to an APO of their responsibility concerning the return or
destruction of proprietary information disclosed under APO in
accordance with 19 CFR 351.305. 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 terms
of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these final results and notice in
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: March 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Order
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 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 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,
[[Page 17070]]
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) With a Brinell hardness measured in all parts of the product
including mid thickness falling within one of the following ranges:
(i) 270-300 HBW,
(ii) 290-320 HBW, or
(iii) 320-350 HBW;
(c) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not
exceeding 0.5, D not exceeding 1.5; and
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 2 mm flat bottom hole;
(6) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, Ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.15,
Manganese 1.20-1.50,
Nickel not greater than 0.4,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.20-1.50,
Molybdenum 0.35-0.55,
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm;
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not
exceeding 1.0, D not exceeding 1.5;
(c) Having the following mechanical properties:
(i) With a Brinell hardness not more than 237 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 75 ksi min and UTS 95 ksi or more, Elongation of 18% or
more and Reduction of area 35% or more; having charpy V at -75
degrees F in the longitudinal direction equal or greater than 15 ft.
lbs (single value) and equal or greater than 20 ft. lbs (average of
3 specimens) and conforming to the requirements of NACE MR01-75; or
(ii) With a Brinell hardness not less than 240 HBW measured in
all parts of the product including mid thickness; and having a Yield
Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or
more and Reduction of area 30% or more; having charpy V at -40
degrees F in the longitudinal direction equal or greater than 21 ft.
lbs (single value) and equal or greater than 31 ft. lbs (average of
3 specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301;
(7) Alloy forged and rolled steel CTL plate over 407 mm in
actual thickness and meeting the following requirements:
(a) Made from Electric Arc Furnace melted, ladle refined &
vacuum degassed, alloy steel with the following chemical composition
(expressed in weight percentages):
Carbon 0.25-0.30,
Silicon not greater than 0.25,
Manganese not greater than 0.50,
Nickel 3.0-3.5,
Sulfur not greater than 0.010,
Phosphorus not greater than 0.020,
Chromium 1.0-1.5,
Molybdenum 0.6-0.9,
Vanadium 0.08 to 0.12
Boron 0.002-0.004,
Oxygen not greater than 20 ppm,
Hydrogen not greater than 2 ppm, and
Nitrogen not greater than 60 ppm.
(b) Having cleanliness in accordance with ASTM E45 method A
(Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding
1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not
exceeding 1.5(t) and 1.0(h);
(c) Having the following mechanical properties: A Brinell
hardness not less than 350 HBW measured in all parts of the product
including mid thickness; and having a Yield Strength of 145 ksi or
more and UTS 160 ksi or more, Elongation of 15% or more and
Reduction of area 35% or more; having charpy V at -40 degrees F in
the transverse direction equal or greater than 20 ft. lbs (single
value) and equal or greater than 25 ft. lbs (average of 3
specimens);
(d) Conforming to ASTM A578-S9 ultrasonic testing requirements
with acceptance criteria 3.2 mm flat bottom hole; and
(e) Conforming to magnetic particle inspection in accordance
with AMS 2301.
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 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,
7214.91.0016, 7214.91.0020, 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. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Rate Likely To Prevail
3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation
[FR Doc. 2022-06331 Filed 3-24-22; 8:45 am]
BILLING CODE 3510-DS-P
