[Federal Register Volume 85, Number 1 (Thursday, January 2, 2020)]
[Notices]
[Pages 69-71]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28326]



[[Page 69]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-858]


Certain Carbon and Alloy Steel Cut-to-Length Plate From Taiwan: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2016-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that producers or 
exporters of certain carbon and alloy steel cut-to-length plate (CTL 
plate) from Taiwan sold subject merchandise at less than normal value 
during the period of review (POR), November 14, 2016 through April 30, 
2018.

DATES: Applicable January 2, 2020.

FOR FURTHER INFORMATION CONTACT: Joshua Tucker or Darla Brown, 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) 482-2044 or (202) 482-1791, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This review covers 19 producers or exporters. Commerce selected two 
companies, China Steel Corporation (CSC) and Shang Chen Steel Co., Ltd. 
(SCS), for individual examination. The producers or exporters not 
selected for individual examination are listed in the ``Final Results 
of the Review'' section of this notice.
    On July 17, 2019, Commerce published the Preliminary Results.\1\ On 
August 16, 2019, we received a case brief from ArcelorMittal USA LLC, 
the petitioner in this administrative review.\2\ On April 12, 2019, we 
received a rebuttal brief from SCS.\3\
---------------------------------------------------------------------------

    \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
Taiwan: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2016-2018, 84 
FR 34127 (July 17, 2019) (Preliminary Results).
    \2\ See Petitioner's Letter, ``Carbon and Alloy Steel Cut-to-
Length Plate from the Taiwan: Petitioner's Case Brief for Shang Chen 
Steel Co., Ltd.,'' dated August 16, 2019.
    \3\ See SCS's Letter, ``Rebuttal Brief of Shang Chen Steel Co., 
Ltd.,'' dated August 21, 2019.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is CTL 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 IDM.\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 
ACCESS is also available to all interested parties in the Central 
Records Unit, Room B8024, of the main Commerce building. In addition, a 
complete version of the IDM can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed IDM and the electronic 
version of the IDM are identical in content.
---------------------------------------------------------------------------

    \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 Taiwan'' (IDM), dated concurrently with, and 
hereby adopted by, this notice.
---------------------------------------------------------------------------

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made no 
changes to the weighted-average dumping margin for SCS from that 
presented in the Preliminary Results; however, we did make certain 
changes to SCS's reported entered value.\5\
---------------------------------------------------------------------------

    \5\ See IDM at Comment 3.
---------------------------------------------------------------------------

Determination of No Shipments

    As noted in the Preliminary Results, we received no-shipment claims 
from Chun Chi Grating Co., Ltd. (Chun Chi), Product Depot International 
Corp. (Product Depot), and CSC, and we preliminarily determined that 
Chun Chi, Product Depot, and CSC had no shipments during the POR.\6\ We 
received no comments from interested parties with respect to this 
claim. Therefore, because the record indicates that Chun Chi, Product 
Depot, and CSC had no entries of subject merchandise to the United 
States during the POR, we continue to find that Chun Chi, Product 
Depot, and CSC had no shipments during the POR.
---------------------------------------------------------------------------

    \6\ See Preliminary Results, 84 FR at 34127.
---------------------------------------------------------------------------

Final Results of the Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period November 14, 2016 through April 
30, 2018:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Shang Chen Steel Co., Ltd...................................        2.59
------------------------------------------------------------------------

    Review-Specific Average Rate Applicable to the Following Companies: 
\7\
---------------------------------------------------------------------------

    \7\ This rate is the rate calculated for SCS.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Broad Hand Enterprise Co., Ltd..............................        2.59
C.H. Robinson Freight Services..............................        2.59
Eci Taiwan Co., Ltd.........................................        2.59
Locksure Inc................................................        2.59
Nan Hoang Traffic Instrument Co.............................        2.59
New Marine Consolidator Co., Ltd............................        2.59
North America Mining Group Co., Ltd.........................        2.59
Oriental Power Logistics Co., Ltd...........................        2.59
Scanwell Logistics (Taiwan).................................        2.59
Shin Yang Steel Co., Ltd....................................        2.59
Shye Yao Steel Co., Ltd.....................................        2.59
Speedmark Consolidation.....................................        2.59
Sumeeko Industries Co., Ltd.................................        2.59
Triple Merits Ltd...........................................        2.59
UKI Enterprise Co., Ltd.....................................        2.59
------------------------------------------------------------------------

Disclosure of Calculations

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

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.

[[Page 70]]

    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).
    For the companies which were not selected for individual review, we 
will assign an assessment rate equal to SCS's dumping margin identified 
above.\8\ 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 and for future deposits of estimated 
duties, where applicable.\9\
---------------------------------------------------------------------------

    \8\ The Act does not specify how to calculate a dumping margin 
for a respondent that is not selected for individual review in an 
administrative review. Therefore, we look to section 735(c)(5)(A) of 
the Act, which explains how to calculate the ``all others'' rate in 
an investigation, for guidance. Consistent with how we would 
calculate the ``all others'' rate in an investigation, we are basing 
the dumping margin for non-selected companies on the weighted-
average dumping margin calculated for the selected respondent, SCS.
    \9\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    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 each specific 
company listed above 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 previously investigated companies not listed 
above, including the company for Commerce has determined had no 
shipments in these final results, the cash deposit rate will continue 
to be the company-specific 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 
manufacturer is, then 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 39.52 percent, the 
all-others rate established in the LTFV investigation.\10\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \10\ 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 (May 25, 2017).
---------------------------------------------------------------------------

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 and 19 CFR 351.221(b)(5).

    Dated: December 20, 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 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.

[[Page 71]]

    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, 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: Issues with SCS's Sales Reconciliation
    Comment 2: Issues with SCS's Reported Entry Data for U.S. Sales
    Comment 3: Actions to Remedy SCS's Alleged Reporting 
Inaccuracies
V. Recommendation


[FR Doc. 2019-28326 Filed 12-31-19; 8:45 am]
 BILLING CODE 3510-DS-P