[Federal Register Volume 82, Number 52 (Monday, March 20, 2017)]
[Notices]
[Pages 14349-14352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05440]


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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: Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing an antidumping duty order on Certain Carbon 
and Alloy Steel Cut-to-Length Plate (CTL plate) from the People's 
Republic of China (PRC).

DATES: Effective March 20, 2017.

FOR FURTHER INFORMATION CONTACT: Irene Gorelik, AD/CVD Operations, 
Office VIII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue

[[Page 14350]]

NW., Washington, DC 20230; telephone: (202) 482-6905.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 26, 
2017, the Department published its affirmative final determination in 
the less than fair value (LTFV) investigation of CTL plate from the 
PRC.\1\ On March 13, 2017, the ITC notified the Department of its final 
determination pursuant to section 735(b)(1)(A)(i) of the Act, that an 
industry in the United States is materially injured or threatened with 
material injury by reason of imports of CTL plate from the PRC.\2\
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    \1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from 
the People's Republic of China: Final Affirmative Determination of 
Sales at Less Than Fair Value, 82 FR 8510 (January 26, 2017).
    \2\ See Letter to Ronald Lorentzen, Acting Assistant Secretary 
of Commerce for Enforcement and Compliance, from Rhonda K. 
Schmidtlein, Chairman of the U.S. International Trade Commission, 
regarding CTL plate from the PRC, dated March 13, 2017 (ITC 
Notification). See also Carbon and Alloy Steel Cut-to-Length Plate 
from China (Investigation Nos. 701-TA-560 and 731-TA-1320 (Final)), 
USITC Publication 4675, March 2017.
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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 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 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) 320-350 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:

[[Page 14351]]

    (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 order 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 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, 
7214.91.0060, 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.

Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, 
the ITC has notified the Department of its final determination in this 
investigation, in which it found that imports of CTL plate from the PRC 
are materially injuring or threatening material injury to a U.S. 
industry.\3\ Therefore, in accordance with section 735(c)(2) of the 
Act, we are publishing this antidumping duty order.
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    \3\ See ITC Notification.
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    As a result of the ITC's final determination, in accordance with 
section 736(a)(1) of the Act, the Department will direct U.S. Customs 
and Border Protection (CBP) to assess, upon further instruction by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or constructed 
export price) of the merchandise, for all relevant entries of CTL plate 
from the PRC. These antidumping duties will be assessed on unliquidated 
entries from the PRC entered, or withdrawn from

[[Page 14352]]

warehouse, for consumption on or after November 14, 2016, the date on 
which the Department published the Preliminary Determination,\4\ but 
will not include entries occurring after the expiration of the 
provisional measures period and before publication of the ITC's final 
injury determination, as further described below.
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    \4\ See 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, 81 FR 79450 
(November 14, 2016) (Preliminary Determination).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on entries of subject 
merchandise from the PRC. We will also instruct CBP to require cash 
deposits equal to the estimated amount by which the normal value 
exceeds the U.S. price as indicated in the chart below. These 
instructions suspending liquidation will remain in effect until further 
notice.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the estimated antidumping 
duty margin as discussed above.\5\ The ``PRC-wide'' rate applies to all 
exporters of subject merchandise not specifically listed.
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    \5\ See sections 736(a)(3), 772(c)(1)(C) and 777A(f) of the Act.
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Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. However, the Department did not extend the four-month period in 
the underlying investigation. In the underlying investigation, the 
Department published the Preliminary Determination on November 14, 
2016. Thus, the four-month period beginning on the date of the 
publication of the Preliminary Determination ended on March 14, 2017. 
Furthermore, section 737(b) of the Act states that definitive duties 
are to begin on the date of publication of the ITC's final injury 
determination.
    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of CTL plate from the PRC entered, or withdrawn 
from warehouse, for consumption after March 14, 2017, the date the 
provisional measures expired, and through the day preceding the date of 
publication of the ITC's final injury determination in the Federal 
Register.

Estimated Dumping Margin

    The Department determines that the estimated final dumping margin 
is as follows:

------------------------------------------------------------------------
                                                              Margin
                        Exporter                             (percent)
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PRC-Wide Entity.........................................           68.27
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Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to 
CTL plate from the PRC, pursuant to section 736(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room B8024 of the main Commerce building, for copies of an updated list 
of antidumping duty orders currently in effect.
    This order is issued and published in accordance with sections 
736(a) of the Act and 19 CFR 351.211(b).

    Dated: March 14, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-05440 Filed 3-17-17; 8:45 am]
 BILLING CODE 3510-DS-P