[Federal Register Volume 81, Number 219 (Monday, November 14, 2016)]
[Notices]
[Pages 79450-79454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27312]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-047]


Certain Carbon and Alloy Steel Cut-To-Length Plate From the 
People's Republic of China: Preliminary Affirmative Determination of 
Sales at Less Than Fair Value

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') preliminarily 
determines that certain carbon and alloy steel cut-to-length plate 
(``CTL plate'') from the People's Republic of China (``PRC'') is being, 
or is likely to be, sold in the United States at less than fair value 
(``LTFV''). The period of investigation (``POI'') is October 1, 2015, 
through March 31, 2016. The estimated dumping margin of sales at LTFV 
is shown in the ``Preliminary Determination'' section of this notice. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Effective November 14, 2016.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
6905.

SUPPLEMENTARY INFORMATION:

Background

    The Department initiated this investigation on April 28, 2016.\1\ 
For a complete description of the events that followed the initiation 
of this investigation, see the memorandum that is dated concurrently 
with this determination and hereby adopted by this notice.\2\ A list of 
topics in the Preliminary Decision Memorandum is included as Appendix 
II to this notice.
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    \1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate From 
Austria, Belgium, Brazil, France, the Federal Republic of Germany, 
Italy, Japan, the Republic of Korea, the People's Republic of China, 
South Africa, Taiwan, and the Republic of Turkey: Initiation of 
Less-Than-Fair-Value Investigations, 81 FR 27089 (May 5, 2016) 
(``Initiation Notice'').
    \2\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
re: ``Decision Memorandum for the Preliminary Determination in the 
Antidumping Duty Investigation of Certain Carbon and Alloy Steel 
Cut-To-Length Plate from the People's Republic of China'' 
(``Preliminary Decision Memorandum'').
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    The Preliminary Decision Memorandum is a public document and is 
made available to the public 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 is available to all parties in the Department's 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly on the internet at

[[Page 79451]]

http://enforcement.trade.gov/frn/. The signed Preliminary Decision 
Memorandum and the electronic version of the Preliminary Decision 
Memorandum are identical in content.

Scope of the Investigation

    The product covered by this investigation is CTL plate from the 
PRC. For a full description of the scope of this investigation, see the 
``Scope of the Investigation'' in Appendix I of this notice.

Scope Comments

    In accordance with the Preamble to the Department's regulations,\3\ 
the Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage, i.e., scope.\4\ Certain interested 
parties commented on the scope of the concurrent CTL plate 
investigations as it appeared in the Initiation Notice. For a summary 
of the product coverage comments and rebuttal responses submitted to 
the records of this and the concurrent CTL plate investigations, and a 
discussion and analysis of all comments timely received, see the 
Department's Preliminary Scope Decision Memorandum and the Department's 
Additional Preliminary Scope Decision Memorandum.\5\ The Department has 
preliminarily modified the scope language as it appeared in the 
Initiation Notice to clarify the exclusion for stainless steel plate, 
corrected two tariff numbers that were misidentified in the Petitions 
and in the Initiation Notice, and modified language pertaining to 
existing steel plate and hot-rolled flat-rolled steel orders.\6\
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    \3\ See Antidumping Duties; Countervailing Duties; Final rule, 
62 FR 27296, 27323 (May 19, 1997) (``Preamble'').
    \4\ See Initiation Notice, 81 FR at 27089.
    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
``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, the 
Republic of South Africa, Taiwan, and Turkey: Scope Comments 
Decision Memorandum for the Preliminary Determinations,'' dated 
September 6, 2016 (``Preliminary Scope Decision Memorandum''), and 
Memorandum to Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, 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, the Republic of South Africa, 
Taiwan, and Turkey: Additional Scope Comments Preliminary Decision 
Memorandum and Extension of Deadlines for Scope Case Briefs and 
Scope Rebuttal Briefs,'' dated October 13, 2016 (``Additional 
Preliminary Scope Decision Memorandum''), respectively.
    \6\ See Preliminary Scope Decision Memorandum at 2 and 56, and 
Additional Preliminary Scope Decision Memorandum at 10-11 and 20.
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Methodology

    The Department is conducting this investigation in accordance with 
section 731 of the Tariff Act of 1930, as amended (``the Act''). For 
purposes of this preliminary LTFV determination, the Department 
continues to treat the PRC as a non-market economy country within the 
meaning of section 771(18) of the Act. Jiangyin Xingcheng Special Steel 
Works Co., Ltd., the sole mandatory respondent in this investigation, 
is not entitled to a separate rate, and is included within the PRC-wide 
entity. Furthermore, because the PRC-wide entity did not cooperate to 
the best of its ability with the Department's requests for information, 
the Department preliminarily determines that the application of adverse 
facts available (``AFA'') is warranted for this preliminary 
determination, in accordance with sections 776(a) and (b) of the Act 
and 19 CFR 351.308. For a full discussion of the Department's 
methodology, see Preliminary Decision Memorandum.

Combination Rates

    In the Initiation Notice, the Department stated that it would 
calculate combination rates for the respondents that are eligible for a 
separate rate in this investigation. Policy Bulletin 05.1 describes 
this practice.\7\ However, as described in the Preliminary Decision 
Memorandum, all parties subject to this investigation are preliminarily 
found to be part of the PRC-wide entity, to which we do not assign a 
separate combination rate.\8\
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    \7\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries'' (April 5, 2005) (``Policy Bulletin 05.1''), available on 
the Department's Web site at http://enforcement.trade.gov/policy/bull05-1.pdf.
    \8\ Id. See also Calcium Hypochlorite from the People's Republic 
of China: Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 79 FR 43393, 43394 (July 
25, 2014), unchanged in Calcium Hypochlorite from the People's 
Republic of China: Final Determination of Sales at Less Than Fair 
Value, 79 FR 74065 (December 15, 2014).
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Preliminary Determination

    The Department preliminarily determines that CTL plate from the PRC 
is being, or is likely to be, sold in the United States at LTFV, 
pursuant to section 733 of the Act, and that the following estimated 
dumping margin exists:
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    \9\ As detailed in the Preliminary Decision Memorandum, Jiangyin 
Xingcheng Special Steel Works Co., Ltd. the sole mandatory 
respondent in this investigation, did not demonstrate that it was 
entitled to a separate rate. Accordingly, we consider this company 
to be part of the PRC-wide entity.

------------------------------------------------------------------------
                                                         Dumping margin
                       Exporter                            (percent)
------------------------------------------------------------------------
PRC-Wide Entity \9\..................................              68.27
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Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, we will direct 
U.S. Customs and Border Protection (``CBP'') to suspend liquidation of 
all entries of subject merchandise from the PRC, as described in 
Appendix I of this notice, which are entered, or withdrawn from 
warehouse, for consumption on or after the date of publication of this 
notice in the Federal Register. Pursuant to section 733(d) of the Act 
and 19 CFR 351.205(d), we will instruct CBP to require a cash deposit 
equal to the margin indicated in the chart above.\10\ These suspension 
of liquidation instructions will remain in effect until further notice.
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    \10\ See Modification of Regulations Regarding the Practice of 
Accepting Bonds During the Provisional Measures Period in 
Antidumping and Countervailing Duty Investigations, 76 FR 61042, 
(October 3, 2011).
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    We normally adjust antidumping duty cash deposit rates by the 
amount of export subsidies, where appropriate. However, the Department 
is making no adjustments to the PRC-wide entity's antidumping cash 
deposit rate of 68.27 percent because the Department made no findings 
in the companion CVD investigation that any of the programs are export 
subsidies.\11\
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    \11\ See Preliminary Decision Memorandum. See also Circular 
Welded Carbon-Quality Steel Pipe from Pakistan: Affirmative 
Preliminary Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination and Extension of Provisional 
Measures, 81 FR 36867 (June 8, 2016) and accompanying Preliminary 
Decision Memorandum at page 13, unchanged in Circular Welded Carbon-
Quality Steel Pipe from Pakistan: Final Affirmative Determination of 
Sales at Less Than Fair Value, 81 FR 75028 (October 28, 2016).
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    Further, pursuant to section 777A(f) of the Act, we normally adjust 
cash deposit rates for estimated domestic subsidy pass-through, where 
appropriate. However, in this case there is no basis to grant a 
domestic subsidy pass-through adjustment.\12\
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    \12\ See Preliminary Decision Memorandum.
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Disclosure

    Normally, the Department discloses to interested parties the 
calculations performed in connection with a preliminary determination 
within five days of the date of public announcement of a preliminary 
determination, in accordance with 19 CFR 351.224(b). However, because 
the Department established only one rate in this investigation based 
entirely on AFA

[[Page 79452]]

in accordance with section 776 of the Act, there are no calculations to 
disclose. Accordingly, the calculations performed in connection with 
this preliminary determination are not proprietary in nature, and are 
described in the Petition and in the PRC AD Initiation Checklist.\13\
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    \13\ See Petitions for the Imposition of Antidumping and 
Countervailing Duties: Certain Carbon and Alloy Steel Cut-To-Length 
Plate from Austria, Belgium, Brazil, France, the Federal Republic of 
Germany, Italy, Japan, the Republic of Korea, the People's Republic 
of China, South Africa, Taiwan, and the Republic of Turkey, dated 
April 8, 2016 (``Petition''), Volume IV at 24; Supplement to the 
Petition, dated April 18, 2016; see also Initiation Notice and 
accompanying Antidumping Duty Investigation Initiation Checklist: 
Certain Carbon and Alloy Steel Cut-to-Length Plate from the People's 
Republic of China (``PRC AD Initiation Checklist''), at pages 7-11; 
and Preliminary Decision Memorandum at 11-12.
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Verification

    Because the only rate established in this investigation is based 
entirely on AFA, we do not intend to conduct verification.

Public Comment

    Interested parties are invited to comment on this preliminary 
determination. Case briefs or other written comments may be submitted 
to the Assistant Secretary for Enforcement and Compliance no later than 
30 days after the date of publication of this preliminary determination 
and rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than five days after the deadline date for case 
briefs.\14\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.
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    \14\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
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    The Department established separate deadlines for interested 
parties to provide comments on scope issues.\15\ Specifically, case 
briefs on scope issues were to be submitted no later than October 21, 
2016. Scope rebuttal briefs, limited to issues raised in the scope case 
briefs, were to be submitted no later than November 1, 2016.\16\ The 
Department explained that parties should limit comments on scope issues 
to their scope case brief and their scope rebuttal brief.\17\ Thus, 
comments on scope issues belong in parties' scope case briefs and scope 
rebuttal briefs only and not in other case briefs and rebuttal briefs 
submitted in this investigation. The Department intends to address 
parties' scope comments in a final scope memorandum.
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    \15\ See Preliminary Scope Decision Memorandum; Additional 
Preliminary Scope Decision Memorandum; Memorandum to the File 
``Deadlines for Submitting Scope Case Briefs and Scope Rebuttal 
Briefs,'' dated October 18, 2016 (``Deadline Memo for Scope 
Briefs''); and Memorandum to the File ``Extension of Deadline for 
Submitting Scope Rebuttal Briefs,'' dated October 28, 2016 
(``Extension Memo for Scope Rebuttal Briefs'').
    \16\ See Deadline Memo for Scope Briefs and Extension Memo for 
Scope Rebuttal Briefs.
    \17\ See, e.g., Deadline Memo for Scope Briefs.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
within 30 days after the date of publication of this notice. Requests 
should contain the party's name, address, and telephone number, the 
number of participants, and a list of the issues to be discussed. If a 
request for a hearing is made, the Department intends to hold the 
hearing at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230, at a time and date to be determined. Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
    All documents must be filed electronically using ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Standard Time.
    Pursuant to section 735(a)(1) of the Act, we intend to make our 
final determination no later than 75 days after the date of publication 
of this preliminary determination.

International Trade Commission (``ITC'') Notification

    In accordance with section 733(f) of the Act, we are notifying the 
ITC of our affirmative preliminary determination of sales at LTFV. If 
our final determination is affirmative, the ITC will determine before 
the later of 120 days after the date of this preliminary determination 
or 45 days after our final determination whether these imports are 
materially injuring, or threaten material injury to, the U.S. industry.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: November 4, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation are certain carbon 
and alloy steel hot-rolled or forged flat plate products not in 
coils, whether or not painted, varnished, or coated with plastics or 
other non-metallic substances (cut-to-length plate). Subject 
merchandise includes plate that is produced by being cut-to-length 
from coils or from other discrete length plate and plate that is 
rolled or forged into a discrete length. The products covered 
include (1) Universal mill plates (i.e., flat-rolled products rolled 
on four faces or in a closed box pass, of a width exceeding 150 mm 
but not exceeding 1250 mm, and of a thickness of not less than 4 mm, 
which are not in coils and without patterns in relief), and (2) hot-
rolled or forged flat steel products of a thickness of 4.75 mm or 
more and of a width which exceeds 150 mm and measures at least twice 
the thickness, and which are not in coils, whether or not with 
patterns in relief. The covered products described above may be 
rectangular, square, circular or other shapes and include products 
of either rectangular or non-rectangular cross-section where such 
non-rectangular cross-section is achieved subsequent to the rolling 
process, i.e., products which have been ``worked after rolling'' 
(e.g., products which have been beveled or rounded at the edges).
    For purposes of the width and thickness requirements referenced 
above, the following rules apply:
    (1) Except where otherwise stated where the nominal and actual 
thickness or width measurements vary, a product from a given subject 
country is within the scope if application of either the nominal or 
actual measurement would place it within the scope based on the 
definitions set forth above unless the product is already covered by 
an order existing on that specific country (e.g., Notice of the 
Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat 
Products From the People's Republic of China, 66 FR 59561 (November 
29, 2001)); and
    (2) where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.
    Steel products included in the scope of this investigation are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; and (2) the carbon content is 2 
percent or less by weight.
    Subject merchandise includes cut-to-length plate that has been 
further processed in the subject country or a third country, 
including but not limited to pickling, oiling, levelling, annealing, 
tempering, temper rolling, skin passing, painting, varnishing, 
trimming, cutting, punching, beveling, and/or slitting, or any other 
processing that would not

[[Page 79453]]

otherwise remove the merchandise from the scope of the investigation 
if performed in the country of manufacture of the cut-to-length 
plate.
    All products that meet the written physical description, are 
within the scope of this investigation unless specifically excluded 
or covered by the scope of an existing order. The following products 
are outside of, and/or specifically excluded from, the scope of this 
investigation:
    (1) Products clad, plated, or coated with metal, whether or not 
painted, varnished or coated with plastic or other non-metallic 
substances;
    (2) military grade armor plate certified to one of the following 
specifications or to a specification that references and 
incorporates one of the following specifications:
     MIL-A-12560,
     MIL-DTL-12560H,
     MIL-DTL-12560J,
     MIL-DTL-12560K,
     MIL-DTL-32332,
     MIL-A-46100D,
     MIL-DTL-46100-E,
     MIL-46177C,
     MIL-S-16216K Grade HY80,
     MIL-S-16216K Grade HY100,
     MIL-S-24645A HSLA-80;
     MIL-S-24645A HSLA-100,
     T9074-BD-GIB-010/0300 Grade HY80,
     T9074-BD-GIB-010/0300 Grade HY100,
     T9074-BD-GIB-010/0300 Grade HSLA80,
     T9074-BD-GIB-010/0300 Grade HSLA100, and
     T9074-BD-GIB-010/0300 Mod. Grade HSLA115,
    except that any cut-to-length plate certified to one of the 
above specifications, or to a military grade armor specification 
that references and incorporates one of the above specifications, 
will not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would 
fall within the scope of this 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.
    Excluded from the scope of the antidumping duty investigation on 
cut-to-length plate from the People's Republic of China are any 
products covered by the existing antidumping duty order on certain 
cut-to-length carbon steel plate from the People's Republic of 
China. See Suspension Agreement on Certain Cut-to-Length Carbon 
Steel Plate From the People's Republic of China; Termination of 
Suspension Agreement and Notice of Antidumping Duty Order, 68 FR 
60,081 (Dep't Commerce Oct. 21, 2003), as amended, Affirmative Final 
Determination of Circumvention of the Antidumping Duty Order on 
Certain Cut-to-Length Carbon Steel Plate From the People's Republic 
of China, 76 FR 50,996, 50,996-97 (Dep't of Commerce Aug. 17, 2011). 
On August 17, 2011, the U.S. Department of Commerce found that the 
order covered all imports of certain cut-to-length carbon steel 
plate products with 0.0008 percent or more boron, by weight, from 
China not meeting all of the following requirements: Aluminum level 
of 0.02 percent or greater, by weight; a ratio of 3.4 to 1 or 
greater, by weight, of titanium to nitrogen; and a hardenability 
test (i.e., Jominy test) result indicating a boron factor of 1.8 or 
greater.
    The products subject to the investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 
7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 
7226.91.5000.
    The products subject to the investigation may also enter under 
the following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500, 
7211.19.2000, 7211.19.4500,

[[Page 79454]]

7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 
7212.40.5000, 7212.50.0000, 7214.10.0000, 7214.30.0010, 
7214.30.0080, 7214.91.0015, 7214.91.0060, 7214.91.0090, 
7225.11.0000, 7225.19.0000, 7225.40.5110, 7225.40.5130, 
7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090, 
7226.11.1000, 7226.11.9060, 7226.19.1000, 7226.19.9000, 
7226.91.0500, 7226.91.1530, 7226.91.1560, 7226.91.2530, 
7226.91.2560, 7226.91.7000, 7226.91.8000, and 7226.99.0180.
    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope Comments
V. Selection of Respondents
VI. Discussion of The Methodology
    a. Non-Market Economy Country
    b. Separate Rates
    c. The PRC-Wide Entity
    d. Application of Facts Available and Adverse Inferences
    e. Selection and Corroboration of the AFA Rate
VII. Adjustment Under Section 777a(F) of The Act
VIII. Adjustments to Cash Deposit Rates for Export Subsidies
IX. Conclusion

[FR Doc. 2016-27312 Filed 11-10-16; 8:45 am]
 BILLING CODE 3510-DS-P