[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]]
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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\
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\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.
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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.
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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 Taiwan'' (IDM), dated concurrently with, and
hereby adopted by, this notice.
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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 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\
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\5\ See IDM at Comment 3.
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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.
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\6\ See Preliminary Results, 84 FR at 34127.
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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)
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Shang Chen Steel Co., Ltd................................... 2.59
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Review-Specific Average Rate Applicable to the Following Companies:
\7\
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\7\ This rate is the rate calculated for SCS.
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Weighted-
average
Exporter or producer dumping
margin
(percent)
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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
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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\
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\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.
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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 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.
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\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).
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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 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