[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Notices]
[Pages 17068-17070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06331]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-048]


Certain Carbon and Alloy Steel Cut-To-Length Plate From the 
People's Republic of China: Final Results of the Expedited First Sunset 
Review of the Countervailing Duty Order

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

SUMMARY: The Department of Commerce (Commerce) finds that revocation of 
the countervailing duty (CVD) order on certain carbon and alloy steel 
cut-to-length plate (CTL plate) from the People's Republic of China 
(China) would be likely to lead to continuation or recurrence of 
countervailing subsidies at the levels indicated in the ``Final Results 
of Sunset Review'' section of this notice.

DATES: Applicable March 25, 2022.

FOR FURTHER INFORMATION CONTACT: Eric Hawkins, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1988.

SUPPLEMENTARY INFORMATION:

Background

    On March 20, 2017, Commerce published in the Federal Register the 
CVD order on CTL plate from China.\1\ On December 1, 2021, Commerce 
initiated the first sunset review of the Order, pursuant to section 
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On December 
15 and 16, 2021, Commerce received timely filed notices of intent to 
participate from SSAB Enterprises, LLC (SSAB), Nucor Corporation 
(Nucor), and Cleveland-Cliffs Inc. (Cleveland Cliffs) (collectively, 
the domestic interested parties) within the deadline specified in 19 
CFR 351.218(d)(1)(i).\3\ The domestic interested parties claimed 
interested party status under section 771(9)(C) of the Act as producers 
of the domestic like product.
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    \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the People's Republic of China: Countervailing Duty Order, 82 FR 
14346 (March 20, 2017) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 68220 
(December 1, 2021) (Initiation Notice).
    \3\ See SSAB's Letter, ``Notice of Intent to Participate in the 
First Five-Review of the Countervailing Duty Order on Carbon and 
Alloy Steel Cut-to-Length Plate from China,'' dated December 15, 
2021; see also Nucor's Letter, ``Carbon and Alloy Steel Cut-to-
Length Plate from the People's Republic of China: Notice of Intent 
to Participate in Sunset Review,'' dated December 16, 2021; and 
Cleveland-Cliffs's Letter, ``Five-Year (``Sunset'') Review of 
Countervailing Duty Order on Carbon and Alloy Steel Cut-to-Length 
Plate from China: Notice of Intent to Participate in Sunset 
Review,'' dated December 16, 2021.
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    On December 27, 2021, Commerce received an adequate substantive 
response to the Initiation Notice from the domestic interested parties 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We 
received no substantive responses from any other interested parties, 
including the Government of China. On January 20, 2022, Commerce 
notified the U.S. International Trade Commission that it did not 
receive an adequate substantive response from respondent interested 
parties.\5\ As a result, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR

[[Page 17069]]

351.218(e)(1)(ii)(B)-(C), Commerce conducted an expedited (120-day) 
sunset review of the Order.
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    \4\ See Domestic Interested Parties' Letter, ``Five Year 
(``Sunset'') Review of the Countervailing Duty Order on Carbon and 
Alloy Steel Cut-to-Length Plate from China: Domestic Industry 
Substantive Response,'' dated December 27, 2021.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on 
December 1, 2021,'' dated January 20, 2022.
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Scope of the Order

    The products covered by this order are CTL plate. For a complete 
description of the scope of the Order, see Appendix I.

Analysis of Comments Received

    All issues raised in this sunset review are addressed in the 
accompanying Issues and Decision Memorandum,\6\ which is hereby adopted 
by this notice. The issues discussed in the Issues and Decision 
Memorandum are listed in Appendix II. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at http://access.trade.gov. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order on Certain Carbon and Alloy Steel Cut-to-
Length Plate from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the Order would likely lead to 
continuation or recurrence of countervailable subsidy at the rates 
listed below.

------------------------------------------------------------------------
                                                                  Net
                                                                subsidy
                      Exporter/producer                           rate
                                                               (percent)
------------------------------------------------------------------------
Jiangyin Xingcheng Special Steel Works Co. Ltd...............     251.00
Hunan Valin Xiangtan Iron & Steel............................     251.00
Viewer Development Co., Ltd..................................     251.00
Jiangsu Tiangong Tools Company Limited, Tiangong Aihe Company      24.04
 Limited, Jiangsu Tiangong Group Company Limited, Jiangsu
 Tiangong Mould Steel R&D Center Company Limited.............
All Others...................................................     251.00
------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice serves as the only reminder to interested parties 
subject to an APO of their responsibility concerning the return or 
destruction of proprietary information disclosed under APO in 
accordance with 19 CFR 351.305. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these final results and notice in 
accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: March 18, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Order

    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; 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,

[[Page 17070]]

     Oxygen not greater than 20 ppm,
     Hydrogen not greater than 2 ppm, and
     Nitrogen not greater than 60 ppm;
    (b) With a Brinell hardness measured in all parts of the product 
including mid thickness falling within one of the following ranges:
    (i) 270-300 HBW,
    (ii) 290-320 HBW, or
    (iii) 320-350 HBW;
    (c) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not 
exceeding 0.5, D not exceeding 1.5; and
    (d) Conforming to ASTM A578-S9 ultrasonic testing requirements 
with acceptance criteria 2 mm flat bottom hole;
    (6) Alloy forged and rolled steel CTL plate over 407 mm in 
actual thickness and meeting the following requirements:
    (a) Made from Electric Arc Furnace melted, Ladle refined & 
vacuum degassed, alloy steel with the following chemical composition 
(expressed in weight percentages):
     Carbon 0.23-0.28,
     Silicon 0.05-0.15,
     Manganese 1.20-1.50,
     Nickel not greater than 0.4,
     Sulfur not greater than 0.010,
     Phosphorus not greater than 0.020,
     Chromium 1.20-1.50,
     Molybdenum 0.35-0.55,
     Boron 0.002-0.004,
     Oxygen not greater than 20 ppm,
     Hydrogen not greater than 2 ppm, and
     Nitrogen not greater than 60 ppm;
    (b) Having cleanliness in accordance with ASTM E45 method A 
(Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not 
exceeding 1.0, D not exceeding 1.5;
    (c) Having the following mechanical properties:
    (i) With a Brinell hardness not more than 237 HBW measured in 
all parts of the product including mid thickness; and having a Yield 
Strength of 75 ksi min and UTS 95 ksi 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 145 ksi or 
more and UTS 160 ksi 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, 
7214.91.0016, 7214.91.0020, 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. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rate Likely To Prevail
    3. Nature of the Subsidies
VII. Final Results of Review
VIII. Recommendation

[FR Doc. 2022-06331 Filed 3-24-22; 8:45 am]
BILLING CODE 3510-DS-P