[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