[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Pages 64044-64047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25155]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-828]
Certain Carbon and Alloy Steel Cut-to-Length Plate From France:
Final Results of Antidumping Duty Administrative Review; 2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the producer/
exporter subject to this administrative review made sales of subject
merchandise at less than normal value during the period of review (POR)
November 14, 2016 through April 30, 2018.
DATES: Applicable November 20, 2019.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz or Terre Keaton
Stefanova, 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) 482-2972
or (202) 482-1280, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers one producer/exporter, Industeel France S.A.S
(Industeel). On July 17, 2019, Commerce published the Preliminary
Results.\1\ We invited interested parties to comment on the Preliminary
Results. On August 16, 2019, we received case briefs from SSAB
Enterprises, LLC (the petitioner) and Industeel.\2\ On August 21, 2019,
we received rebuttal briefs from the petitioner and Industeel.\3\
Commerce conducted this review in accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
France: Preliminary Results of Antidumping Duty Administrative
Review; 2016-2018, 84 FR 34125 (July 17, 2019) (Preliminary
Results).
\2\ See Petitioner's Case Brief, ``Certain Carbon and Alloy
Steel Cut-to-Length Plate from France: Petitioner's Case Brief,''
dated August 16, 2019; see also Industeel's Case Brief, ``Certain
Carbon and Alloy Steel Cut-to-Length Plate from France: Case Brief
of Industeel France S.A.,'' dated August 16, 2019.
\3\ See Petitioner's Rebuttal Brief, ``Certain Carbon and Alloy
Steel Cut-to-Length Plate from France: Petitioner's Rebuttal
Brief,'' dated August 21, 2019; see also Industeel's Rebuttal Brief,
``Certain Carbon and Alloy Steel Cut-to-Length Plate from France:
Rebuttal Brief of Industeel France S.A.,'' dated August 21, 2019.
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Scope of the Order
The merchandise subject to the order is certain carbon and alloy
steel cut-to-length plate. The product is currently classified under
the following Harmonized Tariff Schedule of the United States (HTSUS)
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. Although the HTSUS numbers are provided for
convenience and for customs purposes, the written product description
remains dispositive. For a complete description of the scope of the
order, see Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in
Appendix II to this notice and addressed in the Issues and Decision
Memorandum.\4\ Interested parties can find a complete discussion of
these issues and the corresponding recommendations in this public
memorandum, which 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
http://access.trade.gov, and available to all interested parties in the
Central
[[Page 64045]]
Records Unit, room B8024, of the main 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.
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2016-2018 Administrative Review of the
Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-To-
Length Plate from France,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margin for
Industeel.\5\
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\5\ See IDM at 2.
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Final Results of the Review
We are assigning the following weighted-average dumping margin to
the firm listed below for the period November 14, 2016 through April
30, 2018:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
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Industeel France S.A.S..................................... 4.83
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Disclosure of Calculations
We intend to disclose the calculations performed for these final
results within five days of the date of publication of this notice to
parties in this proceeding, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the examined sales to the total entered value
of those sales. Where either the respondent's weighted-average dumping
margin is zero or de minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific assessment rate is zero or de
minimis, we will instruct CBP to liquidate the appropriate entries
without regard to antidumping duties. We further will instruct CBP to
take into account the ``provisional measures deposit cap,'' in
accordance with 19 CFR 351.212(d). The final results of this review
shall be the basis for the assessment of antidumping duties on entries
of merchandise covered by the final results of this review.\6\
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\6\ See section 751(a)(2)(C) of the Act.
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by Industeel for which Industeel
did not know that the merchandise it sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\7\
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\7\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for Industeel will
be equal to the weighted-average dumping margin that is established in
the final results of this review, except if the rate is less than 0.50
percent and, therefore, de minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash deposit rate will be zero; (2)
for companies not participating in this review, the cash deposit rate
will continue to be the company-specific cash deposit rate published
for the most recently completed segment of this proceeding in which the
company participated; (3) if the exporter is not a firm covered in this
review, or the original less-than-fair-value (LTFV) investigation, but
the producer is, the cash deposit rate will be the cash deposit rate
established for the most recently completed segment for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 6.15 percent, the all-others
rate established in the LTFV investigation.\8\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\8\ See 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, 82 FR 24096, 24098 (May 25, 2017).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/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.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: November 14, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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 1,250
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
[[Page 64046]]
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 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
[[Page 64047]]
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.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
Comment 1: Use of Facts Available to Address a Reporting Error
Comment 2: Calculation of the Variable Cost of Manufacturing
Comment 3: Treatment of the Exceptional Depreciation Expenses
V. Recommendation
[FR Doc. 2019-25155 Filed 11-19-19; 8:45 am]
BILLING CODE 3510-DS-P