[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Notices]
[Pages 24096-24103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10757]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-812, A-423-812, A-427-828, A-428-844, A-475-834, A-588-875, A-
580-887, A-583-858]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Austria,
Belgium, France, the Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final Affirmative Antidumping
Determinations for France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping Duty Orders
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 (the
ITC), the Department is issuing antidumping duty orders on certain
carbon and alloy steel cut-to-length plate (CTL plate) from Austria,
Belgium, France, the Federal Republic of Germany (Germany), Italy,
Japan, the Republic of Korea (Korea), and Taiwan. In addition, the
Department is amending its final affirmative determinations with
respect to France, Germany, Korea, and Taiwan.
DATES: May 25, 2017.
FOR FURTHER INFORMATION CONTACT: Edythe Artman at (202) 482-3931
(Austria), Andrew Medley (202) 482-6345 (Belgium), Terre Keaton
Stefanova at (202) 482-1280 (France), David Goldberger at (202) 482-
4136 (Germany), Alice Maldonado at (202) 482-4682 (Italy), Kabir
Archuletta at (202) 482-2593 (Japan), Michael J. Heaney at (202) 482-
4475 (Korea), or Tyler Weinhold (Taiwan) at (202) 482-1121, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.210(c), on April 4, 2017,
the Department published its affirmative final determinations in the
less-than-fair-value (LTFV) investigations of CTL plate from Austria,
Belgium, France, Germany, Italy, Japan, Korea, and Taiwan.\1\ On May
18, 2017, the ITC notified the Department of its affirmative
determination, pursuant to section 735(d) of the Act, that an industry
in the United States is materially injured within the meaning of
section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of
CTL plate from Austria, Belgium, France, Germany, Italy, Japan, Korea,
and Taiwan, and its determination that critical circumstances do not
exist with respect to imports of subject merchandise from Austria,
Belgium, and Italy that are subject to the Department's affirmative
critical circumstances findings.\2\
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\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria: Final Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstances, 82 FR
16366 (April 4, 2017); 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, 82
FR 16378 (April 4, 2017); Certain Carbon and Alloy Steel Cut-to-
Length Plate from France: Final Determination of Sales at Less Than
Fair Value, 82 FR 16363 (April 4, 2017) (France Final); Certain
Carbon and Alloy Steel Cut-to-Length Plate from the Federal Republic
of Germany: Final Determination of Sales at Less Than Fair Value, 82
FR 16360 (April 4, 2017) (Germany Final); 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, 82 FR 16345 (April 4, 2017); Certain Carbon
and Alloy Steel Cut-to-Length Plate from Japan: Final Determination
of Sales at Less Than Fair Value, 82 FR 16349 (April 4, 2017);
Certain Carbon and Alloy Steel Cut-To-Length Plate from the Republic
of Korea: Final Determination of Sales at Less Than Fair Value and
Final Negative Critical Circumstances Determination, 82 FR 16369
(April 4, 2017) (Korea Final); and Certain Carbon and Alloy Steel
Cut-To-Length Plate from Taiwan: Final Determination of Sales at
Less Than Fair Value and Final Negative Determination of Critical
Circumstances Final, 82 FR 16372 (April 4, 2017) (Taiwan Final).
\2\ See Letter regarding CTL plate from Austria, Belgium,
France, Germany, Italy, Japan, Korea, and Taiwan Australia, Brazil,
China, Indonesia, and Portugal (May 18, 2017) (ITC Letter). See also
Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium,
France, Germany, Italy, Japan, Korea, and Taiwan Investigation Nos.
701-TA-561 and 731-TA-1317-1318, 1321-1325, and 1327 (Final) USITC
Publication 4691 (May 2017) (ITC Report).
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Scope of the Orders
The merchandise covered by these orders is certain CTL plate. See
Appendix A for Austria, Belgium, France, Germany, and Italy, Appendix B
for Korea, Appendix C for Japan, and Appendix D for Taiwan.
Amendment to Final Determinations
A ministerial error is defined as an error in addition,
subtraction, or other arithmetic function, clerical error resulting
from inaccurate copying, duplication, or the like, and any other
similar type of unintentional error which the Secretary considers
ministerial.\3\
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\3\ See section 735(e) of the Act and 19 CFR 351.224(f).
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France Amended Final Determination
Pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and
(f), the Department is amending the France Final to reflect the
correction of ministerial errors in the final estimated weighted-
average dumping margin calculated for Dillinger France S.A. (Dillinger
France). In addition, because Dillinger France's estimated weighted-
average dumping margin is the basis for the estimated weighted-average
dumping margin determined for all other French producers and exporters
of subject merchandise, we also are revising the ``all-others'' rate in
France Final.\4\ \5\
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\4\ See ``Estimated Weighted-Average Dumping Margins'' section
below.
\5\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Certain Carbon and Alloy Steel Cut-To-Length Plate from France:
Allegation of Ministerial Error in the Final Determination,'' dated
April 28, 2017.
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Germany Amended Final Determination
Pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and
(f), the Department is amending the Germany Final to reflect the
correction of a ministerial error in the final estimated weighted-
average dumping margin calculated for AG der Dillinger H[uuml]ttenwerke
(Dillinger Germany). In addition, because the Department determined the
estimated weighted-average dumping margin for all other German
producers and exporters of subject merchandise based on a weighted-
average of the respondents' estimated weighted-average dumping margins
using publicly-ranged quantities for their sales of subject
[[Page 24097]]
merchandise, we also are revising the ``all-others'' rate in Germany
Final.\6\ \7\
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\6\ See the ``Estimated Weighted-Average Dumping Margins''
section below.
\7\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Certain Carbon and Alloy Steel Cut-To-Length Plate from Germany:
Allegation of Ministerial Error in the Final Determination,'' dated
May 2, 2017.
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Korea Amended Final Determination
Pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and
(f), the Department is amending the Korea Final to reflect the
correction of ministerial errors in the final estimated weighted-
average dumping margin calculated for POSCO. In addition, because
POSCO's estimated weighted-average dumping margin is the basis for the
estimated weighted-average dumping margin for all other Korean
producers and exporters of subject merchandise, we also are revising
the ``all-others'' rate in Korea Final.8 9
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\8\ See the ``Estimated Weighted-Average Dumping Margins''
section below.
\9\ See Memorandum, ``Antidumping Duty Less-Than-Fair-Value
Investigation of Certain Carbon and Alloy Steel Cut-To-Length Plate
from the Republic of Korea: Allegation of Ministerial Error in the
Final Determination,'' dated concurrently with this notice.
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Taiwan Amended Final Determination
Pursuant to section 735(e) of the Act and 19 CFR 351.224(e) and
(f), the Department is amending the Taiwan Final to reflect the
correction of a ministerial error in the final estimated weighted-
average dumping margin calculated for China Steel Corporation. In
addition, because the Department determined the estimated weighted-
average dumping margin for all other Taiwanese producers and exporters
of subject merchandise based on a simple average of the respondents'
estimated weighted-average dumping margins, we also are revising the
``all-others'' rate in Taiwan Final.10 11 In addition, in
the Taiwan Final, we identified an error in the scope language for
Taiwan included in the Appendix. See Appendix D, below, for the
corrected scope language.
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\10\ See the ``Estimated Weighted-Average Dumping Margins''
section below.
\11\ See Memorandum, ``Amended Final Determination of the Less-
Than-Fair-Value Investigation of Carbon and Alloy Steel Cut-to-
Length Plate from Taiwan: Allegation of Ministerial Error for China
Steel Corporation,'' dated concurrently with this notice.
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Antidumping Duty Orders
As stated above, on May 18, 2017, in accordance with sections
735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified the Department
of its determination that the industry in the United States producing
CTL plate is materially injured with respect to CTL plate from Austria,
Belgium, France, Germany, Italy, Japan, Korea, and Taiwan and its
determination that critical circumstances do not exist with respect to
imports of subject merchandise from Austria, Belgium, and Italy that
are subject to the Department's affirmative critical circumstances
finding \12\ Therefore, in accordance with section 735(c)(2) of the
Act, we are issuing these antidumping duty orders. Because the ITC
determined that imports of CTL plate from Austria, Belgium, France,
Germany, Italy, Japan, Korea, and Taiwan are materially injuring a U.S.
industry, unliquidated entries of such merchandise from Austria,
Belgium, France, Germany, Italy, Japan, Korea, and Taiwan, entered or
withdrawn from warehouse for consumption, are subject to the assessment
of antidumping duties.
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\12\ See ITC Letter and ITC Report.
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Therefore, 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 NV of the merchandise exceeds the
export price (or constructed export price) of the merchandise, for all
relevant entries of CTL plate from Austria, Belgium, France, Germany,
Italy, Japan, Korea, and Taiwan. Antidumping duties will be assessed on
unliquidated entries of CTL plate from Austria, Belgium, France,
Germany, Italy, Japan, Korea, and Taiwan entered, or withdrawn from
warehouse, for consumption on or after November 14, 2016, the date of
publication of the preliminary determinations,\13\ but will not include
entries occurring after the expiration of the provisional measures
period and before publication in the Federal Register of the ITC's
injury determination as further described below.
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\13\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of the Final Determination, 81 FR 79416 (November
14, 2016) (Austria Prelim); 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) (Belgium Prelim); Certain Carbon and Alloy
Steel Cut-To-Length Plate from France: Preliminary Determination of
Sales at Less Than Fair Value and Postponement of Final
Determination, 81 FR 79437 (November 14, 2016) (France Prelim);
Certain Carbon and Alloy Steel Cut-to-Length Plate from the Federal
Republic of Germany: Preliminary Determination of Sales at Less Than
Fair Value and Postponement of Final Determination, 81 FR 79446
(November 14, 2016) (Germany Prelim); 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) (Italy Prelim); Certain Carbon and Alloy Steel
Cut-To-Length Plate from Japan: Preliminary Determination of Sales
at Less Than Fair Value and Postponement of Final Determination, 81
FR 79427 (November 14, 2016) (Japan Prelim); Certain Carbon and
Alloy Steel Cut-to-Length Plate from the Republic of Korea:
Affirmative Preliminary Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 81 FR 79441 (November
14, 2016) (Korea Prelim); and Certain Carbon and Alloy Steel Cut-To-
Length Plate from Taiwan: Preliminary Determination of Sales at Less
Than Fair Value, 81 FR 79420 (November 14, 2016) (Taiwan Prelim).
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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 all relevant entries
of CTL plate from Austria, Belgium, France, Germany, Italy, Japan,
Korea, and Taiwan. These instructions suspending liquidation will
remain in effect until further notice.
We will also instruct CBP to require cash deposits for estimated
antidumping duties equal to the amounts as indicated below.
Accordingly, effective on the date of publication in the Federal
Register of the ITC's affirmative injury determinations, 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 weighted-average dumping margins listed below.\14\ The
relevant ``all-others'' rates apply to all producers or exporters not
specifically listed, as appropriate.
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\14\ See section 736(a)(3) 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. At the request of exporters that account for a significant
proportion of exports of CTL plate from Austria, Belgium, France,
Germany, Italy, Japan, Korea, and Taiwan, we extended the four-month
period to six months in each proceeding.\15\ In the underlying
investigations, the Department published the preliminary determinations
on November 14, 2016. Therefore, the extended period, beginning on the
date of publication of the preliminary determinations, ended on May 12,
2017.
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\15\ See Austria Prelim, Belgium Prelim, France Prelim, Germany
Prelim, Italy Prelim, Japan Prelim, Korea Prelim, and Taiwan Prelim.
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Therefore, in accordance with section 733(d) of the Act and our
practice, we
[[Page 24098]]
will instruct CBP to terminate the suspension of liquidation and to
liquidate, without regard to antidumping duties, unliquidated entries
of CTL plate from Austria, Belgium, France, Germany, Italy, Japan,
Korea, and Taiwan entered, or withdrawn from warehouse, for consumption
after May 12, 2017, the date on which the provisional measures expired,
until and through the day preceding the date of publication of the
ITC's injury determinations in the Federal Register. Suspension of
liquidation will resume on the date of publication of the ITC's
determination in the Federal Register.
Critical Circumstances
With regard to the ITC's negative critical circumstances
determination on imports of CTL plate from Austria, Belgium, and Italy,
we will instruct CBP to lift suspension and to refund any cash deposits
made to secure the payment of estimated antidumping duties with respect
to entries of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after August 16, 2016 (i.e., 90 days prior to the
date of publication of the Austria Prelim, Belgium Prelim, and Italy
Prelim), but before November 14, 2016 (i.e., the date of publication of
the Austria Prelim, Belgium Prelim, and Italy Prelim).
Estimated Weighted-Average Dumping Margins
The estimated weighted-average dumping margins for each antidumping
order are as follows:
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Estimated
weighted- average
Producer/exporter dumping margin
(percent)
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Austria......................................... Bohler Bleche GmbH & Co KG, Bohler 53.72
Edelstahl GmbH & Co KG, Bohler
International GmbH, voestalpine Grobblech
GmbH, and voestalpine Steel Service Center
GmbH.
All Others................................. 53.72
Belgium......................................... Industeel Belgium S.A...................... 5.40
NLMK Clabecq S.A., NLMK Plate Sales S.A., 51.78
NLMK Sales Europe S.A., NLMK Manage Steel
Center S.A., and/or NLMK La Louviere S.A.
All Others................................. 5.40
France.......................................... Dillinger France S.A....................... 6.15
Industeel France S.A....................... 148.02
All Others................................. 6.15
Germany......................................... AG der Dillinger H[uuml]ttenwerke.......... 5.52
Ilsenburger Grobblech GmbH, Salzgitter 22.90
Mannesmann Grobblech GmbH, Salzgitter
Flachstahl GmbH, and Salzgitter Mannesmann
International GmbH.
All Others................................. 21.04
Italy........................................... NLMK Verona SpA............................ 22.19
Officine Tecnosider s.r.l.................. 6.08
Marcegaglia SpA............................ 22.19
All Others................................. 6.08
Japan........................................... Tokyo Steel Manufacturing Co., Ltd......... 14.79
JFE Steel Corporation...................... 48.67
Shimabun Corporation....................... 48.67
All Others................................. 14.79
Korea........................................... POSCO...................................... 7.10
All Others................................. 7.10
Taiwan.......................................... China Steel Corporation.................... 75.42
Shang Chen Steel Co., Ltd.................. 3.62
All Others................................. 39.52
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Notifications to Interested Parties
This notice constitutes the antidumping duty orders with respect to
CTL plate from Austria, Belgium, France, Germany, Italy, Japan, Korea,
and Taiwan pursuant to section 736(a) of the Act. Interested parties
can find a list of antidumping duty orders currently in effect at
http://enforcement.trade.gov/stats/iastats1.html.
These amended final determinations and orders are published in
accordance with sections 735(e) and 736(a) of the Act and 19 CFR
351.210(c), 351.211(b), and 351.224(e) and (f).
Dated: May 19, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
APPENDICES
(A) Scope of the Orders for CTL Plate From Austria, Belgium, France,
Germany, and Italy
The products covered by these orders 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
[[Page 24099]]
measurements vary, a product from a given subject country is within
the scope if application of either the nominal or actual measurement
would place it within the scope based on the definitions set forth
above, and
(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of this order are products
in which: (1) Iron predominates, by weight, over each of the other
contained elements; and (2) the carbon content is 2 percent or less
by weight.
Subject merchandise includes cut-to-length plate that has been
further processed in the subject country or a third country,
including but not limited to pickling, oiling, levelling, annealing,
tempering, temper rolling, skin passing, painting, varnishing,
trimming, cutting, punching, beveling, and/or slitting, or any other
processing that would not otherwise remove the merchandise from the
scope of the order if performed in the country of manufacture of the
cut-to-length plate.
All products that meet the written physical description, are
within the scope of this order unless specifically excluded or
covered by the scope of an existing order. The following products
are outside of, and/or specifically excluded from, the scope of this
order:
(1) Products clad, plated, or coated with metal, whether or not
painted, varnished or coated with plastic or other non-metallic
substances;
(2) military grade armor plate certified to one of the following
specifications or to a specification that references and
incorporates one of the following specifications:
MIL-A-12560,
MIL-DTL-12560H,
MIL-DTL-12560J,
MIL-DTL-12560K,
MIL-DTL-32332,
MIL-A-46100D,
MIL-DTL-46100-E,
MIL-46177C,
MIL-S-16216K Grade HY80,
MIL-S-16216K Grade HY100,
MIL-S-24645A HSLA-80;
MIL-S-24645A HSLA-100,
T9074-BD-GIB-010/0300 Grade HY80,
T9074-BD-GIB-010/0300 Grade HY100,
T9074-BD-GIB-010/0300 Grade HSLA80,
T9074-BD-GIB-010/0300 Grade HSLA100, and
T9074-BD-GIB-010/0300 Mod. Grade HSLA115,
except that any cut-to-length plate certified to one of the above
specifications, or to a military grade armor specification that
references and incorporates one of the above specifications, will
not be excluded from the scope if it is also dual- or multiple-
certified to any other non-armor specification that otherwise would
fall within the scope of this order;
(3) stainless steel plate, containing 10.5 percent or more of
chromium by weight and not more than 1.2 percent of carbon by
weight;
(4) CTL plate meeting the requirements of ASTM A-829, Grade E
4340 that are over 305 mm in actual thickness;
(5) Alloy forged and rolled CTL plate greater than or equal to
152.4 mm in actual thickness meeting each of the following
requirements:
(a) Electric furnace melted, ladle refined & vacuum degassed and
having a chemical composition (expressed in weight percentages):
Carbon 0.23-0.28,
Silicon 0.05-0.20,
Manganese 1.20-1.60,
Nickel not greater than 1.0,
Sulfur not greater than 0.007,
Phosphorus not greater than 0.020,
Chromium 1.0-2.5,
Molybdenum 0.35-0.80,
Boron 0.002-0.004,
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.
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,
[[Page 24100]]
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.
(B) Scope of the Order for CTL Plate From Korea
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 (i.e., Certain Hot Rolled
Steel Flat Products from Australia, Brazil, Japan, the Republic of
Korea, the Netherlands, the Republic of Turkey, and the United
Kingdom: Amended Final Affirmative Antidumping Determinations for
Australia, the Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3, 2016), 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) 320-350HBW;
(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,
[[Page 24101]]
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.
At the time of the filing of the petition, there was an existing
antidumping duty order on certain cut-to-length carbon-quality steel
plate products from Korea. See Notice of Final Determination of
Sales at Less Than Fair Value: Certain Cut-To-Length Carbon-Quality
Steel Plate Products from Korea, 64 FR 73,196 (Dep't Commerce Dec.
29, 1999), as amended, 65 FR 6,585 (Dep't Commerce Feb 10, 2000)
(1999 Korea AD Order). The scope of the antidumping duty order with
regard to cut-to-length plate from Korea covers only (1) subject
cut-to-length plate not within the physical description of cut-to-
length carbon quality steel plate in the 1999 Korea AD Order,
regardless of producer or exporter; and (2) cut-to-length plate
produced and/or exported by those companies that were excluded or
revoked from the 1999 Korea AD Order as of April 8, 2016. The only
revoked or excluded company is Pohang Iron and Steel Company, also
known as POSCO.
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.
(C) Scope of the Order for CTL Plate From Japan
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 (i.e., Certain Hot-Rolled
Steel Flat Products from Australia, Brazil, Japan, the Republic of
Korea, the Netherlands, the Republic of Turkey, and the United
Kingdom: Amended Final Affirmative Antidumping Determinations for
Australia, the Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3, 2016), 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,
[[Page 24102]]
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.
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.
(D) Scope of the Order for CTL Plate From Taiwan
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 (i.e. Notice of
Antidumping Duty Order; Certain Hot-Rolled Carbon Steel Flat
Products From Taiwan, 66 FR 59563 (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:
[[Page 24103]]
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.
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.
[FR Doc. 2017-10757 Filed 5-24-17; 8:45 am]
BILLING CODE 3510-DS-P