[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16378-16381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06626]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-812]


Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: 
Final Determination of Sales at Less Than Fair Value and Final 
Determination of Critical Circumstances, in Part

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) determines that 
certain carbon and alloy steel cut-to-length plate (CTL plate) from 
Belgium is being, or is likely to be, sold in the United States at less 
than fair value (LTFV). In addition, we determine that critical 
circumstances exist with respect to imports of the subject merchandise. 
The period of investigation (POI) is April 1, 2015, through March 31, 
2016. The final dumping margins of sales at LTFV are listed below in 
the ``Final Determination'' section of this notice.

DATES: Effective April 4, 2017.

FOR FURTHER INFORMATION CONTACT: Andrew Medley or David Crespo, 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) 482-4987 and (202) 482-
3693, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 14, 2016, the Department published the Preliminary 
Determination of sales at LTFV of CTL plate from Belgium.\1\ A summary 
of the events that occurred since the Department published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum, which is hereby adopted by this 
notice.\2\
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    \1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from 
Belgium: Preliminary Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 81 FR 79431 (November 14, 
2016) (Preliminary Determination).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination in the Less-Than-Fair-Value 
Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate 
from Belgium,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Scope of the Investigation

    The scope of the investigation covers CTL plate from Belgium. For a 
complete description of the scope of the investigation, see Appendix I.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this investigation are addressed in the Issues and Decision Memorandum. 
A list of the issues raised is attached to this notice as Appendix II. 
The Issues and Decision Memorandum is a public document and is on file 
electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov, 
and it is available to all parties in the Central Records Unit, room B-
8024 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memorandum can be accessed 
directly at http://enforcement.trade.gov/frn/index.html. The signed and 
electronic versions of the Issues and Decision Memorandum are identical 
in content.

[[Page 16379]]

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in November and December 2016, we verified the sales and 
cost information submitted by Industeel Belgium S.A. (Industeel), for 
use in our final determination. We used standard verification 
procedures, including an examination of relevant accounting and 
production records, and original source documents provided by 
Industeel.\3\
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    \3\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Less Than Fair Value 
Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate 
from Belgium: Verification of the Sales Responses of Industeel 
Belgium S.A.,'' dated January 18, 2017 and Memorandum, 
``Verification of the Cost Response of Industeel Belgium S.A. 
(Industeel) in the Antidumping Duty Investigation of Certain Carbon 
and Alloy Steel Cut-to-Length Plate from Belgium,'' dated January 
23, 2017.
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    In addition, as provided in section 782(i) of the Act, in December 
2016 and January 2017, we also attempted to verify the sales and cost 
information submitted by NLMK Belgium,\4\ using standard verification 
procedures. However, as explained in the Issues and Decision 
Memorandum, the Department was unable to validate the accuracy of NLMK 
Belgium's reporting.\5\ As a consequence, we find that NLMK Belgium's 
reported data are unverifiable, and, thus, cannot serve as a reliable 
basis for reaching a determination in this investigation. Specifically, 
because we encountered so many errors within NLMK Belgium's reported 
data at verification, and the submitted sales and cost information is 
integral to the proper evaluation of its margin calculation, we find 
that all of the information submitted by NLMK Belgium is unverifiable. 
For further discussion, see the Issues and Decision Memorandum at 
Comments 8-12.
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    \4\ In the preliminary determination, the Department determined 
to collapse, and treat as a single entity, NLMK Clabecq S.A., NLMK 
Plate Sales S.A., NLMK Sales Europe S.A., NLMK Manage Steel Center 
S.A., and NLMK La Louviere S.A. (collectively, NLMK Belgium). No 
party has challenged this determination. Thus, we continue to find, 
for the final determination, that the five NLMK companies should be 
collapsed and treated as a single entity, NLMK Belgium.
    \5\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the Sales 
Response of NLMK Belgium in the Antidumping Duty Investigation of 
Certain Carbon and Alloy Steel Cut-To-Length Plate from Belgium,'' 
dated January 30, 2017; Memorandum, ``Verification of the Sales 
Response of North America Plate LLC in the Antidumping Investigation 
of Certain Carbon and Alloy Steel Cut-To-Length Plate from 
Belgium,'' dated January 30, 2017; and Memorandum, ``Verification of 
the Cost Response of NLMK Clabecq SA in the Antidumping Duty 
Investigation of Certain Carbon and Alloy Steel Cut-to-Length Plate 
from Belgium,'' dated January 11, 2017.
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verification, we made certain changes to the margin calculations for 
Industeel. For a discussion of these changes, see the Issues and 
Decision Memorandum.

Final Affirmative Determination of Critical Circumstances

    For the Preliminary Determination, the Department found that 
critical circumstances exist with respect to imports of CTL plate from 
Industeel and NLMK Belgium, and do not exist with respect to companies 
covered by the ``all others'' rate.\6\ We modified our critical 
circumstances findings for the final determination. For further 
discussion, see the Issues and Decision Memorandum at ``Critical 
Circumstances.'' Thus, pursuant to section 735(a)(3)(B) of the Act, and 
19 CFR 351.206(h)(1)-(2), we find that critical circumstances exist 
with respect to subject merchandise produced or exported by NLMK 
Belgium and for ``all others,'' but not for Industeel.
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    \6\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
Austria, Belgium, Brazil, the Republic of Korea, Taiwan, and Turkey; 
Antidumping and Countervailing Duty Investigations: Preliminary 
Determinations of Critical Circumstances, 81 FR 61666 (September 7, 
2016).
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Adverse Facts Available

    Due to its failures at verification, we determine that NLMK 
Belgium's data cannot serve as a reliable basis for reaching a 
determination in this investigation and that NLMK Belgium did not act 
to the best of its ability to comply with our requests for information. 
Therefore, we find it appropriate to apply adverse facts available 
(AFA), in accordance with sections 776(a) and (b) of the Act and 19 CFR 
351.308, to NLMK Belgium. For further discussion, see the Issues and 
Decision Memorandum at Comment 11.
    We are able to corroborate the highest petition dumping margin of 
51.78 percent to the extent practicable within the meaning of section 
776(c) of the Act using the highest transaction-specific dumping 
margins calculated for Industeel and, thus, we assigned this dumping 
margin to NLMK Belgium as AFA. For further discussion, see the Issues 
and Decision Memorandum at ``Use of Adverse Facts Available.''

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated all-
others rate shall be an amount equal to the weighted-average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated excluding any zero or de 
minimis margins, and margins determined entirely under section 776 of 
the Act. Industeel is the only respondent for which the Department 
calculated a company-specific margin. Therefore, for purposes of 
determining the ``all-others'' rate and pursuant to section 
735(c)(5)(A) of the Act, we are using the dumping margin calculated for 
Industeel, as referenced in the ``Final Determination'' section below.

Final Determination

    The final weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                        Weighted-average
                Exporter/manufacturer                   dumping margins
                                                           (percent)
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Industeel Belgium S.A................................               5.40
NLMK Clabecq S.A., NLMK Plate Sales S.A., NLMK Sales               51.78
 Europe S.A., NLMK Manage Steel Center S.A., and/or
 NLMK La Louviere S.A................................
All Others...........................................               5.40
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Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department

[[Page 16380]]

will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of CTL plate from 
Belgium, as described in Appendix I of this notice, which were entered, 
or withdrawn from warehouse, for consumption on or after November 14, 
2016, the date of publication of the Preliminary Determination of this 
investigation in the Federal Register. For entries made by NLMK 
Belgium, in accordance with section 735(c)(4)(B) of the Act, because we 
continue to find that critical circumstances exist, we will instruct 
CBP to continue to suspend liquidation of all appropriate entries of 
CTL plate from Belgium which were entered, or withdrawn from warehouse, 
for consumption on or after August 16, 2016, which is 90 days prior to 
the date of publication of the preliminary determination of this 
investigation in the Federal Register. Additionally, for entries made 
by the companies covered by the ``all others'' rate, in accordance with 
section 735(c)(4)(B) of the Act, because we find that critical 
circumstances exist, we will instruct CBP to suspend liquidation of all 
appropriate entries of CTL plate from Belgium which were entered, or 
withdrawn from warehouse, for consumption on or after August 16, 2016, 
which is 90 days prior to the date of publication of the preliminary 
determination of this investigation in the Federal Register. Because 
the Department did not find critical circumstances to exist for 
Industeel, we will instruct CBP to liquidate all entries, without 
regard to duties, which entered prior to November 14, 2016, the date of 
publication of the Preliminary Determination.
    Further, the Department will instruct CBP to require a cash deposit 
equal to the estimated amount by which the normal value exceeds the 
U.S. price, as shown above.

International Trade Commission (ITC) Notification

    In accordance with section 735(d) of the Act, we will notify the 
ITC of the final affirmative determination of sales at LTFV. Because 
the final determination in this proceeding is affirmative, in 
accordance with section 735(b)(2) of the Act, the ITC will make its 
final determination as to whether the domestic industry in the United 
States is materially injured, or threatened with material injury, by 
reason of imports of CTL plate from Belgium no later than 45 days after 
our final determination. If the ITC determines that material injury or 
threat of material injury does not exist, the proceeding will be 
terminated and all cash deposits will be refunded. If the ITC 
determines that such injury does exist, the Department will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Orders (APO)

    This notice serves as a reminder to parties subject to APO of their 
responsibility concerning the disposition of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and the terms of an APO is a 
sanctionable violation.
    This determination and this notice are issued and published 
pursuant to sections 735(d) and 777(i)(1) of the Act.

    Dated: March 29, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation are certain carbon 
and alloy steel hot-rolled or forged flat plate products not in 
coils, whether or not painted, varnished, or coated with plastics or 
other non-metallic substances (cut-to-length plate). Subject 
merchandise includes plate that is produced by being cut-to-length 
from coils or from other discrete length plate and plate that is 
rolled or forged into a discrete length. The products covered 
include (1) Universal mill plates (i.e., flat-rolled products rolled 
on four faces or in a closed box pass, of a width exceeding 150 mm 
but not exceeding 1250 mm, and of a thickness of not less than 4 mm, 
which are not in coils and without patterns in relief), and (2) hot-
rolled or forged flat steel products of a thickness of 4.75 mm or 
more and of a width which exceeds 150 mm and measures at least twice 
the thickness, and which are not in coils, whether or not with 
patterns in relief. The covered products described above may be 
rectangular, square, circular or other shapes and include products 
of either rectangular or non-rectangular cross-section where such 
non-rectangular cross-section is achieved subsequent to the rolling 
process, i.e., products which have been ``worked after rolling'' 
(e.g., products which have been beveled or rounded at the edges).
    For purposes of the width and thickness requirements referenced 
above, the following rules apply:
    (1) Except where otherwise stated where the nominal and actual 
thickness or width measurements vary, a product from a given subject 
country is within the scope if application of either the nominal or 
actual measurement would place it within the scope based on the 
definitions set forth above; and
    (2) where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.
    Steel products included in the scope of this investigation are 
products in which: (1) Iron predominates, by weight, over each of 
the other contained elements; and (2) the carbon content is 2 
percent or less by weight.
    Subject merchandise includes cut-to-length plate that has been 
further processed in the subject country or a third country, 
including but not limited to pickling, oiling, levelling, annealing, 
tempering, temper rolling, skin passing, painting, varnishing, 
trimming, cutting, punching, beveling, and/or slitting, or any other 
processing that would not otherwise remove the merchandise from the 
scope of the investigation if performed in the country of 
manufacture of the cut-to-length plate.
    All products that meet the written physical description, are 
within the scope of this investigation unless specifically excluded 
or covered by the scope of an existing order. The following products 
are outside of, and/or specifically excluded from, the scope of this 
investigation:
    (1) Products clad, plated, or coated with metal, whether or not 
painted, varnished or coated with plastic or other non-metallic 
substances;
    (2) military grade armor plate certified to one of the following 
specifications or to a specification that references and 
incorporates one of the following specifications:
     MIL-A-12560,
     MIL-DTL-12560H,
     MIL-DTL-12560J,
     MIL-DTL-12560K,
     MIL-DTL-32332,
     MIL-A-46100D,
     MIL-DTL-46100-E,
     MIL-46177C,
     MIL-S-16216K Grade HY80,
     MIL-S-16216K Grade HY100,
     MIL-S-24645A HSLA-80;
     MIL-S-24645A HSLA-100,
     T9074-BD-GIB-010/0300 Grade HY80,
     T9074-BD-GIB-010/0300 Grade HY100,
     T9074-BD-GIB-010/0300 Grade HSLA80,
     T9074-BD-GIB-010/0300 Grade HSLA100, and
     T9074-BD-GIB-010/0300 Mod. Grade HSLA115,

except that any cut-to-length plate certified to one of the above 
specifications, or to a military grade armor specification that 
references and incorporates one of the above specifications, will 
not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would 
fall within the scope of this investigation;

    (3) stainless steel plate, containing 10.5 percent or more of 
chromium by weight and not more than 1.2 percent of carbon by 
weight;

[[Page 16381]]

    (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:
    (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 investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 
7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 
7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 
7226.91.5000.
    The products subject to the investigation may also enter under 
the following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 
7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500, 
7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 
7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 
7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 
7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000, 
7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060, 
7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530, 
7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 
7226.91.8000, and 7226.99.0180.
    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
investigation is dispositive.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Use of Adverse Facts Available
IV. Critical Circumstances
V. Scope of the Investigation
VI. Scope Comments
VII. Margin Calculations
VIII. Discussion of Issues
    Industeel
    1. Differential Pricing Methodology
    2. Industeel's Misreported International Freight Expenses
    3. Whether Certain of Industeel's U.S. sales were Made Outside 
the Course of Ordinary Trade
    4. Date of Sale for Industeel's U.S. Sales and Application of 
Partial AFA
    5. Industeel's Correction Presented During the Cost Verification
    6. Affiliated Party Transactions
    7. Including Interest Expense in the Minor Input Calculation
    NLMK Belgium
    8. Date of Sale for NLMK Belgium's U.S. Direct Shipments
    9. Product Characteristics and Control Numbers for NLMK Belgium
    10. Sales by Manage
    11. Total AFA for NLMK Belgium
    12. Other NLMK Belgium Adjustments
IX. Recommendation

[FR Doc. 2017-06626 Filed 4-3-17; 8:45 am]
 BILLING CODE 3510-DS-P