[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Notices]
[Pages 16345-16348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06630]



[[Page 16345]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-834]


Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy: 
Final Determination of Sales at Less Than Fair Value and Final 
Affirmative Determination of Critical Circumstances

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 
Italy 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: Alice Maldonado or Blaine Wiltse, 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) 482-4682 and (202) 
482-6345, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 14, 2016, the Department published the Preliminary 
Determination of sales at LTFV of CTL plate from Italy.\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 
Italy: Preliminary Determination of Sales at Less Than Fair Value, 
Affirmative Determination of Critical Circumstances, and 
Postponement of Final Determination, 81 FR 79423 (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 Italy,'' 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 Italy. 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.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as 
amended, (the Act) in November 2016, we conducted verification of the 
sales and cost information submitted by Officine Tecnosider s.r.l. 
(OTS) 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 OTS.\3\
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    \3\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the Sales 
Response of Officine Tecnosider S.R.L. in the Antidumping 
Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate 
from Italy,'' dated January 17, 2017; and Memorandum, ``Verification 
of the Cost Response of Officine Tecnosider S.r.l. in the 
Antidumping Duty Investigation of Certain Carbon and Alloy Steel 
Cut-to-Length Plate from Italy,'' dated January 23, 2017.
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    In addition, as provided in section 782(i) of the Act, in November 
2016 and January 2017, we also attempted to verify the sales and cost 
information submitted by NLMK Verona SpA (NVR), using standard 
verification procedures. However, as explained in the Issues and 
Decision Memorandum, the Department was unable to validate the accuracy 
of NVR's reporting.\4\ As a consequence, we find that NVR'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 NVR'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 NVR is unverifiable. For further 
discussion, see the Issues and Decision Memorandum at Comments 1-4.
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    \4\ For discussion of our verification findings, see the 
following memoranda: Memorandum, ``Verification of the Sales 
Response of NLMK Verona SpA in the Antidumping Duty Investigation of 
Certain Carbon and Alloy Steel Cut-To-Length (CTL) Plate from 
Italy,'' dated January 11, 2017; Memorandum, ``Verification of the 
Sales Response of NLMK North America Plate in the Antidumping Duty 
Investigation of Certain Carbon and Alloy Steel Cut-To-Length (CTL) 
Plate from Italy,'' dated January 25, 2017; and Memorandum, 
``Verification of the Cost Response of NLMK Verona SpA in the 
Antidumping Duty Investigation of Certain Carbon and Alloy Steel 
Cut-to-Length Plate from Italy,'' dated January 18, 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 
OTS. For a discussion of these changes, see the ``Margin Calculations'' 
section of 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 
Marcegaglia, NVR, and OTS, and do not exist with respect to companies 
covered by the ``all others'' rate.\5\ We modified our critical 
circumstances findings for the final determination and now determine 
that critical circumstances exist for ``all others.'' 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 
Marcegaglia, NVR, OTS, and ``all others.''
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    \5\ See Preliminary Determination, and accompanying Preliminary 
Decision Memorandum, at 5-8.
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Adverse Facts Available

    In the Preliminary Determination, because mandatory respondent 
Marcegaglia SpA (Marcegaglia) failed to respond to the Department's 
questionnaire and informed the Department that it would not participate 
in this investigation,\6\ we applied

[[Page 16346]]

adverse facts available (AFA) to these respondents, in accordance with 
sections 776(a) and (b) of the Act and 19 CFR 351.308. We were able to 
corroborate the petition dumping margin of 130.63 percent to the extent 
practicable within the meaning of section 776(c) of the Act using the 
highest transaction-specific dumping margins calculated for NVR \7\ 
and, thus, we assigned this dumping margin to Marcegaglia as AFA.
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    \6\ See Letter to the Secretary of Commerce from Marcegaglia 
``Carbon and Alloy Steel Cut-To-Length Plate from Italy, Antidumping 
Investigation, Case No. A-475-834: Letter Regarding Respondent 
Selection and Initial Antidumping Questionnaire'' (June 15, 2016).
    \7\ Id., at 25.
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    The Department received no comments regarding its preliminary 
application of the AFA dumping margin to Marcegaglia. For the final 
determination, the Department has not altered its analysis or its 
decision to apply the AFA to Marcegaglia, but for the reasons explained 
below, the petition margin can no longer be corroborated and, thus, we 
assigned to Marcegaglia a different dumping margin.
    Additionally, due to its failures at verification, we determine 
that NVR's data cannot serve as a reliable basis for reaching a 
determination in this investigation and that NVR did not act to the 
best of its ability to comply with our requests for information. 
Therefore, we also find it appropriate to apply the AFA dumping margin 
to NVR. For further discussion, see the Issues and Decision Memorandum 
at Comments 1-4.
    Finally, for the final determination, because NVR's information is 
no longer available for use in corroborating the petition rate, as AFA, 
we assigned to Marcegaglia and NVR the highest transaction-specific 
dumping margin calculated for OTS. For further discussion, see the 
Issues and Decision Memorandum at Comment 4.

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. OTS is the only respondent for which the Department calculated 
a company-specific margin that is not zero, de minimis, or based 
entirely on facts otherwise available. 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 
OTS, 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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NLMK Verona SpA.............................................       22.19
Officine Tecnosider s.r.l...................................        6.08
Marcegaglia SpA.............................................       22.19
All Others..................................................        6.08
------------------------------------------------------------------------

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 
will instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all appropriate entries of CTL plate from Italy, 
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 Marcegaglia, 
NVR, and OTS, 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 Italy 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 Italy 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.
    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 Italy 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

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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;
    (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

[[Page 16348]]

    (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 the Issues
    NVR
    1. Date of Sale for NVR's U.S. Direct Shipments
    2. Product Characteristics and Control Numbers for NVR
    3. Misreported Quantities for NVR
    4. AFA
    5. Other NVR Adjustments
    OTS
    6. Differential Pricing Methodology
    7. Weight Basis for OTS
    8. OTS's Home Market Commissions
    9. U.S. Short-Term Borrowing Rate
    10. Home Market Freight Expenses
    11. Disregarding Sales Where OTS Provided Only Tolling Services
    12. Ministerial Error in the Cost Test for OTS
    13. Cost Recovery Test
    14. Financial Expense Ratio
    15. Foreign Exchange Offset to Reported Direct Material Costs
    16. Trasteel's Stab Acquisition Cost
IX. Recommendation

[FR Doc. 2017-06630 Filed 4-3-17; 8:45 am]
 BILLING CODE 3510-DS-P