Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, Korea, South Africa, Taiwan, and Turkey; Inv. Nos. 701-TA-559-561 and 731-TA-1317-1328 (Preliminary)

=== USITC Institution === 22116 Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices for the Federal Government; or (iv) as part of customary and usual business or private practices. We will summarize written responses to this notice and address them in our ICR submission for OMB approval, including appropriate adjustments to the estimated burden. We will provide a copy of the ICR to you without charge upon request. We also will post the ICR on our Web site at http://www.onrr.gov/Laws_R_D/ FRNotices/ICR0120.htm. Public Comment Policy: ONRR will post all comments, including names and addresses of respondents at http:// www.regulations.gov. Before including Personally Identifiable Information (PII), such as your address, phone number, email address, or other personal information in your comment(s), you should be aware that your entire comment (including PII) may be made available to the public at any time. While you may ask us, in your comment, to withhold PII from public view, we cannot guarantee that we will be able to do so. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid Office of Management and Budget control number. Dated: April 4, 2016. Gregory J. Gould, Director, Office of Natural Resources Revenue. [FR Doc. 2016–08661 Filed 4–13–16; 8:45 am] BILLING CODE 4335–30–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–559–561 and 731–TA–1317–1328 (Preliminary)] Certain Carbon and Alloy Steel Cut-to- Length Plate From Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, Korea, South Africa, Taiwan, and Turkey; Institution of Antidumping and Countervailing Duty Investigations and Scheduling of Preliminary Phase Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the institution of investigations and commencement of preliminary phase antidumping and countervailing duty investigation Nos. 701–TA–559– 561 and 731–TA–1317–1328 (Preliminary) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of certain carbon and alloy steel cut-to-length plate from Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, Korea, South Africa, Taiwan, and Turkey, provided for in subheadings 7208.40, 7208.51, 7208.52, 7211.13, 7211.14, 7225.40, 7226.20, and 7226.91 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value and alleged to be subsidized by the Governments of Brazil, China, and Korea. Unless the Department of Commerce extends the time for initiation, the Commission must reach preliminary determinations in antidumping and countervailing duty investigations in 45 days, or in this case by May 23, 2016. The Commission’s views must be transmitted to Commerce within five business days thereafter, or by May 31, 2016. DATES : Effective April 8, 2016. FOR FURTHER INFORMATION CONTACT: Mary Messer ((202) 205–3193) or Carolyn Carlson ((202) 205–3002), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server (http:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Background.—These investigations are being instituted, pursuant to sections 703(a) and 733(a) of the Tariff Act of 1930 (19 U.S.C. 1671b(a) and 1673b(a)), in response to petitions filed on April 8, 2016, by ArcelorMittal USA LLC (Chicago, Illinois), Nucor Corporation (Charlotte, North Carolina), and SSAB Enterprises, LLC (Lisle, Illinois). For further information concerning the conduct of these investigations and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207). Participation in the investigations and public service list.—Persons (other than petitioners) wishing to participate in the investigations as parties must file an entry of appearance with the Secretary to the Commission, as provided in sections 201.11 and 207.10 of the Commission’s rules, not later than seven days after publication of this notice in the Federal Register. Industrial users and (if the merchandise under investigation is sold at the retail level) representative consumer organizations have the right to appear as parties in Commission antidumping duty and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to these investigations upon the expiration of the period for filing entries of appearance. Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission’s rules, the Secretary will make BPI gathered in these investigations available to authorized applicants representing interested parties (as defined in 19 U.S.C. 1677(9)) who are parties to the investigations under the APO issued in the investigations, provided that the application is made not later than seven days after the publication of this notice in the Federal Register. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO. Conference.—The Commission’s Director of Investigations has scheduled a conference in connection with these investigations for 9:00 a.m. on Friday, April 29, 2016, at the U.S. International Trade Commission Building, 500 E Street SW., Washington, DC. Requests to appear at the conference should be emailed to William.bishop@usitc.gov and Sharon.bellamy@usitc.gov (DO NOT FILE ON EDIS) on or before April 27, 2016. Parties in support of the imposition of countervailing and antidumping duties in these investigations and parties in opposition to the imposition of such duties will each be collectively allocated one hour within which to make an oral presentation at the conference. A nonparty who has testimony that may aid the Commission’s deliberations may request permission to present a short statement at the conference. Written submissions.—As provided in sections 201.8 and 207.15 of the Commission’s rules, any person may submit to the Commission on or before May 4, 2016, a written brief containing VerDate Sep<11>2014 17:56 Apr 13, 2016 Jkt 238001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\14APN1.SGM 14APN1 mstockstill on DSK4VPTVN1PROD with NOTICES 22117Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices 1 Electronic Document Information System (EDIS): http://edis.usitc.gov. 2 United States International Trade Commission (USITC): http://edis.usitc.gov. 3 Electronic Document Information System (EDIS): http://edis.usitc.gov. 4 Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/ rules/handbook_on_electronic_filing.pdf. information and arguments pertinent to the subject matter of the investigations. Parties may file written testimony in connection with their presentation at the conference. All written submissions must conform with the provisions of section 201.8 of the Commission’s rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission’s rules. The Commission’s Handbook on E-Filing, available on the Commission’s Web site at http:// edis.usitc.gov, elaborates upon the Commission’s rules with respect to electronic filing. In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the investigations must be served on all other parties to the investigations (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: These investigations are being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.12 of the Commission’s rules. By order of the Commission. Issued: April 8, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–08543 Filed 4–13–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY : U.S. International Trade Commission. ACTION : Notice. SUMMARY : Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Electrical Conductor Composite Cores and Components Thereof, DN 3137; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant’s filing under section 210.8(b) of the Commission’s Rules of Practice and Procedure (19 CFR 210.8(b)). FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. The public version of the complaint can be accessed on the Commission’s Electronic Document Information System (EDIS) at EDIS,1 and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at USITC. 2 The public record for this investigation may be viewed on the Commission’s Electronic Document Information System (EDIS) at EDIS.3 Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION : The Commission has received a complaint and a submission pursuant to section 210.8(b) of the Commission’s Rules of Practice and Procedure filed on behalf of CTC Global Corporation on April 8, 2016. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain electrical conductor composite cores and components thereof. The complaint names as respondents: Mercury Cable & Energy, Inc., d/b/a Mercury Cable & Energy LLC, d/b/a Energy Technology International Company, Inc., San Juan Capistrano, CA; and Shenzhen Zm Hesheng Power Development Co., Ltd., a/k/a Mercury Composite Co., Ltd., China. The complainant requests that the Commission issue a general exclusion order, cease and desist orders, and impose a bond upon respondents’ alleged infringing articles during the 60- day Presidential review period pursuant to 19 U.S.C. 1337(j). Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or section 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders; (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) explain how the requested remedial orders would impact United States consumers. Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (‘‘Docket No. 3137’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures).4 Persons with questions regarding filing should contact the Secretary (202–205–2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the VerDate Sep<11>2014 17:56 Apr 13, 2016 Jkt 238001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\14APN1.SGM 14APN1 mstockstill on DSK4VPTVN1PROD with NOTICES ──────────────────────────────────────────────────────────── === USITC Determination – Preliminary === 33705Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Notices 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX064A000 167S180110; S2D2S SS08011000 SX064A000 16XS501520] Notice of Proposed Information Collection; Request for Comments for 1029–0087 AGENCY : Office of Surface Mining Reclamation and Enforcement, Interior. ACTION : Notice and request for comments. SUMMARY : In compliance with the Paperwork Reduction Act of 1995, the Office of Surface Mining Reclamation and Enforcement (OSMRE) is announcing its intention to request approval for the collection of information for the Abandoned Mine Land Problem Area Description form, OSM–76. This information collection activity was previously approved by the Office of Management and Budget (OMB), and assigned control number 1029–0087. DATES : OMB has up to 60 days to approve or disapprove the information collection requests but may respond after 30 days. Therefore, public comments should be submitted to OMB by June 27, 2016, in order to be assured of consideration. ADDRESSES : Submit comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, Department of the Interior Desk Officer, via email at OIRA_submission@ omb.eop.gov, or by facsimile to (202) 395–5806. Also, please send a copy of your comments to John Trelease, Office of Surface Mining Reclamation and Enforcement, 1951 Constitution Ave. NW., Room 203–SIB, Washington, DC 20240, or electronically to jtrelease@ osmre.gov. Please reference 1029–0087 in your correspondence. FOR FURTHER INFORMATION CONTACT: To receive a copy of the information collection request contact John Trelease at (202) 208–2783, or electronically at jtrelease@osmre.gov. You may also review the information collection request online at http:// www.reginfo.gov. Follow the instructions to review Department of the Interior collections under review by OMB. SUPPLEMENTARY INFORMATION : OMB regulations at 5 CFR part 1320, which implement provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104–13), require that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities [see 5 CFR 1320.8(d)]. OSMRE has submitted a request to OMB to renew its approval for the collection of information found in the form OSM–76, Abandoned Mine Land Problem Area Description form. OSMRE is requesting a 3-year term of approval for this information collection activity. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control number for this collection of information is 1029–0087, and may be found on the OSM–76 form in OSMRE’s e-AMLIS system. As required by 5 CFR 1320.8(d), a Federal Register notice soliciting comments on this collection was published on February 16, 2016 (81 FR 7829). No comments were received. This notice provides the public with an additional 30 days in which to comment on the following information collection activity: Title: OSM–76—Abandoned Mine Land Problem Area Description Form. OMB Control Number: 1029–0087. Summary: This form will be used to update the Office of Surface Mining Reclamation and Enforcement’s electronic inventory of abandoned mine lands (e-AMLIS). From this inventory, the most serious problem areas are selected for reclamation through the apportionment of funds to States and Indian tribes. Bureau Form Number: OSM–76. Frequency of Collection: On occasion. Description of Respondents: State governments and Indian tribes. Total Annual Responses: 1,888. Total Annual Burden Hours: 5,016. Obligation to Respond: Required in order to obtain or retain benefits. Send comments on the need for the collection of information for the performance of the functions of the agency; the accuracy of the agency’s burden estimates; ways to enhance the quality, utility and clarity of the information collection; and ways to minimize the information collection burden on respondents, such as use of automated means of collection of the information, to the places listed in ADDRESSES. Please refer to control number 1029–0087 in all correspondence. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Dated: May 20, 2016. Harry J. Payne, Chief, Division of Regulatory Support. [FR Doc. 2016–12570 Filed 5–26–16; 8:45 am] BILLING CODE 4310–05–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–559–561 and 731–TA–1317–1328 (Preliminary)] Certain Carbon and Alloy Steel Cut-To- Length Plate From Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, Korea, South Africa, Taiwan, and Turkey; Determinations On the basis of the record 1 developed in the subject investigations, the United States International Trade Commission (‘‘Commission’’) determines, pursuant to the Tariff Act of 1930 (‘‘the Act’’), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of certain carbon and alloy steel cut-to- length plate from Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, Korea, South Africa, Taiwan, and Turkey, provided for in subheadings 7208.51.00, 7208.52.00, 7211.13.00, 7211.14.00, 7225.40.11, 7225.40.30, 7226.20.00, and 7226.91.50 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (‘‘LTFV’’) and that are alleged to be subsidized by the governments of China and Korea. The Commission further determines that allegedly subsidized imports of certain carbon and alloy steel cut-to-length plate from Brazil are negligible pursuant to section 771(24) of the Act, and its countervailing duty investigation with regard to certain carbon and alloy steel cut-to-length plate from this country is thereby terminated pursuant to section 703(a)(1) of the Act. Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations on which it has made preliminary determinations. The Commission will VerDate Sep<11>2014 18:00 May 26, 2016 Jkt 238001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 sradovich on DSK3TPTVN1PROD with NOTICES 33706 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Notices 1 For purposes of these investigations, the Department of Commerce has defined the subject merchandise as ‘‘circular welded austenitic stainless pressure pipe not greater than 14 inches in outside diameter. References to size are in nominal inches and include all products within tolerances allowed by pipe specifications. This merchandise includes, but is not limited to, the American Society for Testing and Materials (‘‘ASTM’’) A–312 or ASTM A–778 specifications, or comparable domestic or foreign specifications. ASTM A–358 products are only included when they are produced to meet ASTM A–312 or ASTM A–778 specifications, or comparable domestic or foreign specifications.’’ For a full description of the scope of the investigation, including product exclusions, see Welded Stainless Pressure Pipe From India: Affirmative Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 81 FR 28824, May 10, 2016. issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the Department of Commerce (‘‘Commerce’’) of affirmative preliminary determinations in the investigations under sections 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under sections 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. Background On April 8, 2016, ArcelorMittal USA LLC (Chicago, Illinois), Nucor Corporation (Charlotte, North Carolina), and SSAB Enterprises, LLC (Lisle, Illinois) filed a petition with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized imports of certain carbon and alloy steel cut-to-length plate from Brazil, China, and Korea, and LTFV imports of certain carbon and alloy steel cut-to-length plate from Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, Korea, South Africa, Taiwan, and Turkey. Accordingly, effective April 8, 2016, the Commission, pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted countervailing duty investigation Nos. 701–TA–559–561 and antidumping duty investigation Nos. 731–TA–1317– 1328 (Preliminary). Notice of the institution of the Commission’s investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of April 14, 2016 (81 FR 22116). The conference was held in Washington, DC, on April 29, 2016, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission made these determinations pursuant to sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on May 23, 2016. The views of the Commission are contained in USITC Publication 4615 (May 2016), entitled Certain Carbon and Alloy Steel Cut-To-Length Plate from Austria, Belgium, Brazil, China, France, Germany, Italy, Japan, Korea, South Africa, Taiwan, and Turkey: Investigation Nos. 701–TA–559–561 and 731–TA–1317–1328 (Preliminary). By order of the Commission. Issued: May 23, 2016. Lisa R. Barton, Secretary to the Commission. [FR Doc. 2016–12537 Filed 5–26–16; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation Nos. 701–TA–548 and 731– TA–1298 (Final)] Welded Stainless Steel Pressure Pipe from India; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations AGENCY : United States International Trade Commission. ACTION : Notice. SUMMARY : The Commission hereby gives notice of the scheduling of the final phase of antidumping and countervailing duty investigation Nos. 701–TA–548 and 731–TA–1298 (Final) pursuant to the Tariff Act of 1930 (‘‘the Act’’) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of welded stainless steel pressure pipe from India, provided for in subheadings 7306.40.50 and 7306.40.10 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be subsidized and sold at less-than-fair- value.1 DATES : Effective Dates: May 10, 2016. FOR FURTHER INFORMATION CONTACT: Michael Szustakowski ((202) 205–3169), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (http:// www.usitc.gov). The public record for these investigations may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. SUPPLEMENTARY INFORMATION : Background.—The final phase of these investigations is being scheduled pursuant to sections 705(b) and 731(b) of the Tariff Act of 1930 (19 U.S.C. 1671d(b) and 1673d(b)), as a result of affirmative preliminary determinations by the Department of Commerce that certain benefits which constitute subsidies within the meaning of section 703 of the Act (19 U.S.C. 1671b) are being provided to manufacturers, producers, or exporters in India of welded stainless steel pressure pipe, and that such products are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations were requested in petitions filed on September 30, 2015, by Bristol Metals, LLC, Bristol, TN; Felker Brothers Corp., Marshfield, WI; Marcegaglia USA, Munhall, PA; and Outokumpu Stainless Pipe, Inc., Wildwood, FL. For further information concerning the conduct of this phase of the investigations, hearing procedures, and rules of general application, consult the Commission’s Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207). Participation in the investigations and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to VerDate Sep<11>2014 18:00 May 26, 2016 Jkt 238001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\27MYN1.SGM 27MYN1 sradovich on DSK3TPTVN1PROD with NOTICES ──────────────────────────────────────────────────────────── === Initiation – AD === 27089Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 7 In these final results, the Department applied the assessment-rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). 8 See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003). 9 See Large Power Transformers From the Republic of Korea: Antidumping Duty Order, 77 FR 53177 (August 31, 2012). Duty Assessment The Department shall determine and U.S. Customs and Border Protection (CBP) shall assess antidumping duties on all appropriate entries.7 For Hyosung, whose sales were individually examined and whose weighted-average dumping margin is above de minimis, we calculated an ad valorem importer- specific duty assessment rate based on the ratio of the total amount of dumping calculated for the importer’s examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1). Upon issuance of the amended final results of this administrative review, the Department will not issue instructions to CBP to assess antidumping duties on entries due to the preliminary injunction that was issued by the Court of International Trade after the issuance of the Final Results. See CBP Message Number 6098301. Upon lifting of the injunction, we will determine if the duty assessment rates covering the period were de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2). For each respondent we will calculate importer (or customer)-specific rates by aggregating the amount of dumping calculated for all U.S. sales to that importer or customer and dividing this amount by the total entered value of the sales to that importer (or customer). Where an importer (or customer)- specific ad valorem rate is greater than de minimis, and the respondent reported reliable entered values, we will apply the assessment rate to the entered value of the importer’s/customer’s entries during the review period. For entries of subject merchandise during the POR produced by Hyosung or Hyundai which they did not know were destined for the United States, we instructed CBP to liquidate unreviewed entries at the all-others rate if there was no rate for the intermediate company or companies involved in the transaction. 8 See CBP Message Numbers 6102304 and 6102305 for Hyosung and Hyundai entries, respectively. Cash Deposit Instructions The following cash deposit requirements will be effective upon publication of this notice for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of these amended final results, as provided by section 751(a)(2) of the Act: (1) The cash deposit rate for respondents noted above will be the rate established in the amended final results of this administrative review; (2) for merchandise exported by manufacturers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 22.00 percent, the all-others rate established in the antidumping investigation.9 These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers Regarding the Reimbursement of Duties This notice also 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 the period of review. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and, subsequently, the assessment of doubled antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or destruction 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 the 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 We are issuing and publishing these amended final results in accordance with section 751(h) of the Act and 19 CFR 351.224(f). Dated: April 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–10632 Filed 5–4–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–433–812, A–423–812, A–351–847, A–427– 828, A–428–844, A–475–834, A–588–875, A– 580–887, A–570–047, A–791–822, A–583– 858, A–489–828] Certain Carbon and Alloy Steel Cut-To- Length Plate From Austria, Belgium, Brazil, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, the People’s Republic of China, South Africa, Taiwan, and the Republic of Turkey: Initiation of Less-Than-Fair- Value Investigations AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES : Effective Date: April 28, 2016. FOR FURTHER INFORMATION CONTACT: Edythe Artman at (202) 482–3931 (Austria), Elizabeth Eastwood at (202) 482–3874 (Belgium and Italy), Mark Kennedy at (202) 482–7883 (Brazil), Brandon Custard at (202) 482–1823 (Federal Republic of Germany (Germany)), Terre Keaton Stefanova at (202) 482–1280 (France), Kabir Archuletta at (202) 482–2593 (Japan), Steve Bezirganian at (202) 482–1131 (Republic of Korea (Korea)), Ryan Mullen at (202) 482–5260 (the People’s Republic of China (the PRC)), Julia Hancock at (202) 482–1394 (South Africa), Tyler Weinhold at (202) 482– 1121 (Taiwan), or Dmitry Vladimirov at (202) 482–0665 (Republic of Turkey (Turkey)), AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION : The Petitions On April 8, 2016, the Department of Commerce (the Department) received antidumping duty (AD) petitions concerning imports of certain carbon and alloy steel cut-to-length plate (CTL VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27090 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 1 See Letter to the Secretary of Commerce from Petitioners ‘‘Certain Carbon and Alloy Steel Cut-to- Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey—Petitions for the Imposition of Antidumping and Countervailing Duties’’ (April 8, 2016) (the Petitions). 2 See Volume I of the Petitions, at 2. 3 See Country-specific letters to Petitioners from the Department concerning supplemental questions on each of the country-specific records (April 13, 2016); see also Letter to Petitioners from the Department ‘‘Petition for the Imposition of Antidumping Duties on Imports of Certain Carbon and Alloy Steel Cut-to-Length Plate from Belgium: Supplemental Questions’’ (April 20, 2016); and Memorandum to the File from Vicki Flynn ‘‘Phone Call with Counsel to Petitioners’’ (April 21, 2016). 4 See Letter from Petitioners to the Secretary of Commerce ‘‘Certain Carbon and Alloy Steel Cut-to- Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and the Republic of Turkey—Petitioners’ Amendment to Petition Volume I Related to General Issues’’ (April 18, 2016) (General Issues Supplement); see also responses to the Department’s April 13, 2016, questionnaires concerning supplemental questions on each of the country-specific records (April 18, 2016); and Letter to the Secretary of Commerce from Petitioners ‘‘Certain Carbon and Alloy Steel Cut-to- Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and the Republic of Turkey—Petitioners’ Amendment to Petition Volume I Related to General Issues’’ (April 25, 2016) (Second General Issues Supplement). 5 See Letter from Petitioners regarding the Belgium Petition ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey— Petitioners’ Second Amendment to Petition’’ (April 21, 2016); see also Letter from Petitioners to the Secretary of Commerce ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey—Petitioners’ Amendment to Petition Volume XVI Relating to Austria Antidumping Duties’’ (April 21, 2016). 6 See Second General Issues Supplement. 7 See the ‘‘Determination of Industry Support for the Petitions’’ section below. 8 See Memorandum to the File from Robert James ‘‘Phone Calls with Counsel to Petitioners’’ (November 6, 2015); see also General Issues Supplement at 1–4 and Exhibit I-Supp-8. 9 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997). 10 See 19 CFR 351.303(b). 11 See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and Compliance; Change of Electronic Filing System Name, 79 FR 69046 (November 20, 2014) for details of the Department’s electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx and a handbook can be found at https://access.trade.gov/help/ Handbook%20on%20Electronic%20Filling%20 Procedures.pdf. plate) from Austria, Belgium, Brazil, France, the Germany, Italy, Japan, Korea, the PRC, South Africa, Taiwan, and the Turkey, filed in proper form on behalf of ArcelorMittal USA LLC, Nucor Corporation, and SSAB Enterprises, LLC (collectively, Petitioners). 1 The AD petitions were accompanied by countervailing duty (CVD) petitions on imports from Brazil, Korea, and the PRC. Petitioners are domestic producers of CTL plate. 2 On April 13, 2016, April 20, 2016, and April 21, 2016, the Department requested additional information and clarification of certain areas of the Petitions. 3 Petitioners filed responses to these requests on April 18, 2016,4 April 21, 2016 5, and April 25, 2016.6 In accordance with section 732(b) of the Tariff Act of 1930, as amended (the Act), Petitioners allege that imports of CTL plate from Austria, Belgium, Brazil, France, Germany, Italy, Japan, Korea, the PRC, South Africa, Taiwan, and Turkey are being, or are likely to be, sold in the United States at less than fair value within the meaning of section 731 of the Act, and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 732(b)(1) of the Act, the Petitions are accompanied by information reasonably available to Petitioners supporting their allegations. The Department finds that Petitioners filed these Petitions on behalf of the domestic industry because Petitioners are interested parties as defined in section 771(9)(C) of the Act. The Department also finds that Petitioners demonstrated sufficient industry support with respect to the initiation of the AD investigations that Petitioners are requesting.7 Periods of Investigation Because the Petitions were filed on April 8, 2016, the period of investigation (POI) is, pursuant to 19 CFR 351.204(b)(1), as follows: April 1, 2015, through March 31, 2016, for Austria, Belgium, Brazil, France, Germany, Italy, Japan, Korea, South Africa, Taiwan, and Turkey, and October 1, 2015, through March 31, 2016, for the PRC. Scope of the Investigations The product covered by these investigations is CTL plate from Austria, Belgium, Brazil, France, Germany, Italy, Japan, Korea, PRC, South Africa, Taiwan, and Turkey. For a full description of the scope of these investigations, see the ‘‘Scope of the Investigations,’’ in Appendix I of this notice. Comments on Scope of the Investigations During our review of the Petitions, the Department issued questions to and received responses from Petitioners pertaining to the proposed scope to ensure that the scope language in the Petitions would be an accurate reflection of the products for which the domestic industry is seeking relief.8 As discussed in the preamble to the Department’s regulations, we are setting aside a period for interested parties to raise issues regarding product coverage (scope).9 The Department will consider all comments received from parties and, if necessary, will consult with parties prior to the issuance of the preliminary determination. If scope comments include factual information (see 19 CFR 351.102(b)(21)), all such factual information should be limited to public information. In order to facilitate preparation of its questionnaires, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Wednesday, May 18, 2016, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Tuesday, May 31, 2016, which is the next business day after 10 calendar days from the deadline for initial comments. 10 The Department requests that any factual information the parties consider relevant to the scope of the investigations be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigations may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must be filed on the records of each of the concurrent AD and CVD investigations. Filing Requirements All submissions to the Department must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS).11 An electronically-filed document must be received successfully in its entirety by the time and date when it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27091Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 12 See section 771(10) of the Act. 13 See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 14 For a discussion of the domestic like product analysis in this case, see Antidumping Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria (Austria AD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and the Republic of Turkey (Attachment II); Antidumping Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to- Length Plate from Belgium (Belgium AD Initiation Checklist), at Attachment II; Antidumping Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil (Brazil AD Initiation Checklist), at Attachment II; Antidumping Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to- Length Plate from the People’s Republic of China (PRC AD Initiation Checklist), at Attachment II; Antidumping Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to- Length Plate from France (France AD Initiation Checklist), at Attachment II; Antidumping Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from the Federal Republic of Germany (Germany AD Initiation Checklist), at Attachment II; Antidumping Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from Italy (Italy AD Initiation Checklist), at Attachment II; Antidumping Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to- Length Plate from Japan (Japan AD Initiation Checklist), at Attachment II; Antidumping Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea (Korea AD Initiation Checklist), at Attachment II; Antidumping Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from South Africa (South Africa AD Initiation Checklist), at Attachment II; Antidumping Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to- Length Plate from Taiwan (Taiwan AD Initiation Checklist); and Antidumping Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Turkey (Turkey AD Initiation Checklist). These checklists are dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. stamped with the date and time of receipt by the applicable deadlines. Comments on Product Characteristics for AD Questionnaires The Department will be giving interested parties an opportunity to provide comments on the appropriate physical characteristics of CTL plate to be reported in response to the Department’s AD questionnaires. This information will be used to identify the key physical characteristics of the merchandise under consideration in order to report the relevant factors and costs of production accurately as well as to develop appropriate product- comparison criteria. Subsequent to the publication of this notice, the Department will be releasing a proposed list of physical characteristics and product-comparison criteria, and interested parties will have the opportunity to provide any information or comments that they feel are relevant to the development of an accurate list of physical characteristics. Specifically, they may provide comments as to which characteristics are appropriate to use as: (1) General product characteristics; and (2) product- comparison criteria. We note that it is not always appropriate to use all product characteristics as product- comparison criteria. We base product- comparison criteria on meaningful commercial differences among products. In other words, although there may be some physical product characteristics used by manufacturers to describe CTL plate, it may be that only a select few product characteristics take into account commercially-meaningful physical characteristics. In addition, interested parties may comment on the order in which the physical characteristics should be used in matching products. Generally, the Department attempts to list the most important physical characteristics first and the least important characteristics last. The Department intends to establish a deadline for relevant comments and submissions at the time it releases the proposed list of physical characteristics and product-comparison criteria. All comments and submissions to the Department must be filed electronically using ACCESS, as explained above, on the records of the Austria, Belgium, Brazil, France, Germany, Italy, Japan, Korea, the PRC, South Africa, Taiwan, and Turkey less-than-fair-value investigations. Determination of Industry Support for the Petitions Section 732(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 732(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,12 they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.13 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petitions). With regard to the domestic like product, Petitioners do not offer a definition of the domestic like product distinct from the scope of the investigations. Based on our analysis of the information submitted on the record, we have determined that CTL plate constitutes a single domestic like product and we have analyzed industry support in terms of that domestic like product.14 In determining whether Petitioners have standing under section 732(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the ‘‘Scope of the Investigations,’’ in Appendix I of this notice. To establish industry support, Petitioners provided their shipments of the domestic like product in 2015, as well as the 2015 VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27092 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 15 See Volume I of the Petitions, at 2–4 and Exhibits I–3 through I–5; see also General Issues Supplement, at 7–11 and Exhibits I-Supp-2 through I-Supp-4 and I-Supp-11. 16 See Volume I of the Petitions, at 3 and Exhibit I–4; see also General Issues Supplement, at 7. 17 See Volume I of the Petitions, at 2–4 and Exhibits I–4 and I–5; see also General Issues Supplement, at 8–11 and Exhibits I-Supp-2, I-Supp- 3, and I-Supp-11. For further discussion, see Austria AD Initiation Checklist, Belgium AD Initiation Checklist, Brazil AD Initiation Checklist, PRC AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Italy AD Initiation Checklist, Japan AD Initiation Checklist, Korea AD Initiation Checklist, South Africa AD Initiation Checklist, Taiwan AD Initiation Checklist, and Turkey AD Initiation Checklist, at Attachment II. 18 See Austria AD Initiation Checklist, Belgium AD Initiation Checklist, Brazil AD Initiation Checklist, PRC AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Italy AD Initiation Checklist, Japan AD Initiation Checklist, Korea AD Initiation Checklist, South Africa AD Initiation Checklist, Taiwan AD Initiation Checklist, and Turkey AD Initiation Checklist, at Attachment II. 19 As mentioned above, Petitioners established that shipments are a reasonable proxy for production data. Section 351.203(e)(1) of the Department’s regulations states ‘‘production levels may be established by reference to alternative data that the Secretary determines to be indicative of production levels.’’ 20 See section 732(c)(4)(D) of the Act; see also Austria AD Initiation Checklist, Belgium AD Initiation Checklist, Brazil AD Initiation Checklist, PRC AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Italy AD Initiation Checklist, Japan AD Initiation Checklist, Korea AD Initiation Checklist, South Africa AD Initiation Checklist, Taiwan AD Initiation Checklist, and Turkey AD Initiation Checklist, at Attachment II. 21 See Austria AD Initiation Checklist, Belgium AD Initiation Checklist, Brazil AD Initiation Checklist, PRC AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Italy AD Initiation Checklist, Japan AD Initiation Checklist, Korea AD Initiation Checklist, South Africa AD Initiation Checklist, Taiwan AD Initiation Checklist, and Turkey AD Initiation Checklist, at Attachment II. 22 Id. 23 Id. 24 See Volume I of the Petitions, at 25–29 and Exhibits I–13 and I–16; see also General Issues Supplement, at 15 and Exhibit I-Supp-7. 25 Section 771(24)(A)(ii) of the Act states ‘‘{i}imports that would otherwise be negligible under clause (i) shall not be negligible if the aggregate volume of imports of the merchandise from all countries described in clause (i) with respect to which investigations were initiated on the same day exceeds 7 percent of the volume of all such merchandise imported in to the United States during the applicable 12-month period.’’ 26 See Volume I of the Petitions, at 25–26, 29–30, and Exhibit I–13. 27 Id., at 20–22, 34–47 and Exhibits I–4, I–5, I–9, I–10, I–12 through I–14, I–16, and I–17; see also General Issues Supplement, at 11–15 and Exhibits I–Supp–1, I–Supp–6, I–Supp–7, and I–Supp–9. 28 See Austria AD Initiation Checklist, Belgium AD Initiation Checklist, Brazil AD Initiation Checklist, PRC AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Italy AD Initiation Checklist, Japan AD Initiation Checklist, Korea AD Initiation Checklist, South Africa AD Initiation Checklist, Taiwan AD Initiation Checklist, and Turkey AD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Carbon and Alloy Steel Cut-to- Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and the Republic of Turkey. shipments of Universal Stainless & Alloy Products, Inc., a supporter of the Petitions, and compared these shipments to the estimated total shipments of the domestic like product for the entire domestic industry.15 Because total industry production data for the domestic like product for 2015 is not reasonably available to Petitioners and Petitioners have established that shipments are a reasonable proxy for production data, 16 we have relied upon the shipment data provided by Petitioners for purposes of measuring industry support.17 Our review of the data provided in the Petitions, General Issues Supplement, and other information readily available to the Department indicates that Petitioners have established industry support. 18 First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total shipments 19 of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).20 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(i) of the Act for the Petitions because the domestic producers (or workers) who support the Petitions account for at least 25 percent of the total shipments of the domestic like product. 21 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 732(c)(4)(A)(ii) of the Act because the domestic producers (or workers) who support the Petitions account for more than 50 percent of the shipments of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions.22 Accordingly, the Department determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 732(b)(1) of the Act. The Department finds that Petitioners filed the Petitions on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act and they have demonstrated sufficient industry support with respect to the AD investigations that they are requesting the Department initiate.23 Allegations and Evidence of Material Injury and Causation Petitioners allege that the U.S. industry producing the domestic like product is being materially injured, or is threatened with material injury, by reason of the imports of the subject merchandise sold at less than normal value (NV). In addition, with regard to Brazil, the PRC, France, Germany, Italy, Japan, and Korea, Petitioners allege that subject imports exceed the three percent negligibility threshold provided for under section 771(24)(A) of the Act.24 With regard to Austria, Belgium, South Africa, Taiwan, and Turkey, while the allegedly dumped imports from each of these countries do not individually exceed the statutory requirements for negligibility, Petitioners note that the aggregate import share from these five countries is 7.29 percent, which exceeds the seven percent threshold established by the exception in section 771(24)(A)(ii) of the Act.25 Therefore, none of the subject imports from these countries are negligible for purposes of the material injury analysis in these Petitions. 26 Petitioners contend that the industry’s injured condition is illustrated by reduced market share; declines in production, capacity utilization, U.S. shipments, labor hours, and wages; underselling and price suppression or depression; deteriorating financial performance; and lost sales and revenues. 27 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.28 Allegations of Sales at Less Than Fair Value The following is a description of the allegations of sales at less than fair value upon which the Department based its decision to initiate AD investigations of imports of CTL plate from Austria, Belgium, Brazil, France, Germany, Italy, Japan, Korea, the PRC, South Africa, Taiwan, and Turkey. The sources of data for the deductions and adjustments relating to U.S. price and NV are discussed in greater detail in the country-specific initiation checklists. Export Price For Brazil, France, Germany, Italy, Japan, the PRC, Taiwan, and Turkey, Petitioners based export price (EP) U.S. prices on price quotes for sales of CTL plate produced in, and exported from, VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27093Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 29 See Brazil AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Italy AD Initiation Checklist, Japan AD Initiation Checklist, PRC AD Initiation Checklist, Taiwan AD Initiation Checklist, and Turkey AD Initiation Checklist. 30 See South Africa AD Initiation Checklist. 31 See Austria AD Initiation Checklist, Brazil AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Italy AD Initiation Checklist, Korea AD Initiation Checklist, Japan AD Initiation Checklist, PRC AD Initiation Checklist, South Africa AD Initiation Checklist, Taiwan AD Initiation Checklist, and Turkey AD Initiation Checklist. 32 See Austria AD Initiation Checklist, Belgium AD Initiation Checklist, and Korea AD Checklist. 33 Id. 34 Id. 35 See Austria AD Initiation Checklist, Belgium AD Initiation Checklist, Brazil AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Korea AD Initiation Checklist, Taiwan AD Initiation Checklist, and Turkey AD Initiation Checklist. 36 Id.; see also Memorandum to the File ‘‘Telephone Call to Foreign Market Researcher Regarding Antidumping Petition’’ on each of the country-specific records (April 19 and 22, 2016). 37 See Austria AD Initiation Checklist, Belgium AD Initiation Checklist, Brazil AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Korea AD Initiation Checklist, Taiwan AD Initiation Checklist, and Turkey AD Initiation Checklist. 38 See Austria AD Initiation Checklist, Brazil AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Korea AD Initiation Checklist, and Taiwan AD Initiation Checklist. 39 See Italy AD Initiation Checklist, Japan AD Initiation Checklist, and South Africa AD Initiation Checklist. 40 In accordance with section 505(a) of the Trade Preferences Extension Act of 2015, amending section 773(b)(2) of the Act, for all of the investigations, the Department will request information necessary to calculate the CV and COP to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at prices that represent less than the COP of the product. The Department will no longer require a COP allegation to conduct this analysis. 41 See Volume IV of the Petition at 10. 42 Id. at 11–23; see also section 773(c) of the Act. 43 See Volume IV of the Petition at 13–17. 44 Id. at 16–17. 45 Id. at 17 and Exhibit AD–CN–9. 46 Id. at 18–19 and Exhibits AD–CN–22 and AD– CN–23; see also Letter to the Secretary of Commerce from Petitioners regarding amendment to the PRC Petition (April 18, 2016) (PRC AD Petition Supplement) at 7 and Exhibits AD–CN–Supp–10 and AD–CN–Supp–11. 47 See Volume IV of Petition at 19. 48 Id. those countries and offered for sale in the United States.29 For South Africa, Petitioners based EP on the average unit values of publicly available import data. 30 Where applicable, Petitioners made deductions from U.S. price for movement expenses and trading company/importer mark-ups, consistent with the terms of sale. 31 Constructed Export Price For Austria, Belgium, and Korea, because Petitioners had reason to believe the sale was made through a U.S. affiliate, Petitioners based constructed export price (CEP) on a price quote/offer for sale of CTL plate produced in, and exported from, those countries.32 Petitioners made deductions from U.S. price for movement expenses consistent with the delivery terms.33 Where applicable, Petitioners also deducted from U.S. price imputed credit expenses, trading company/importer mark-ups, and CEP expenses.34 Normal Value For Austria, Belgium, Brazil, France, Germany, Korea, Taiwan, and Turkey, Petitioners provided home market price information obtained through market research for CTL plate produced in and offered for sale in each of these countries.35 For all eight of these countries, Petitioners provided a declaration from a market researcher for the price information.36 Where applicable, Petitioners made deductions for movement expenses, taxes, and imputed credit expenses, consistent with the terms of sale. 37 For Austria, Brazil, France, Germany, Korea, and Taiwan, Petitioners provided information that sales of CTL plate in the respective home markets were made at prices below the cost of production (COP) and also calculated NV based on constructed value (CV). 38 For Italy, Japan, and South Africa, Petitioners were unable to obtain home market price quotes for CTL plate and calculated NV based on CV. 39 For further discussion of COP and NV based on CV, see below.40 With respect to the PRC, Petitioners stated that the Department has found the PRC to be a non-market economy (NME) country in every administrative proceeding in which the PRC has been involved. 41 In accordance with section 771(18)(C)(i) of the Act, the presumption of NME status remains in effect until revoked by the Department. The presumption of NME status for the PRC has not been revoked by the Department and, therefore, remains in effect for purposes of the initiation of this investigation. Accordingly, the NV of the product is appropriately based on factors of production (FOPs) valued in a surrogate market economy country, in accordance with section 773(c) of the Act. In the course of this investigation, all parties, and the public, will have the opportunity to provide relevant information related to the issues of the PRC’s NME status and the granting of separate rates to individual exporters. Petitioners claim that South Africa is an appropriate surrogate country because it is a market economy that is at a level of economic development comparable to that of the PRC, it is a significant producer of the merchandise under consideration, and the data for valuing FOPs, factory overhead, selling, general and administrative (SG&A) expenses and profit are both available and reliable.42 Based on the information provided by Petitioners, we believe it is appropriate to use South Africa as a surrogate country for initiation purposes. Interested parties will have the opportunity to submit comments regarding surrogate country selection and, pursuant to 19 CFR 351.301(c)(3)(i), will be provided an opportunity to submit publicly available information to value FOPs no later than 30 days before the scheduled date of the preliminary determination. Factors of Production Because information regarding the volume of inputs consumed by Chinese producers/exporters is not reasonably available, Petitioners relied on a surrogate company’s actual consumption of direct materials, labor, and energy as an estimate of the PRC manufacturers’ FOPs. 43 Petitioners valued the estimated FOPs using surrogate values from South Africa,44 and used the average POI exchange rate to convert the data to U.S. dollars.45 Valuation of Raw Materials Petitioners valued direct materials based on publicly-available data for imports into South Africa obtained from the Global Trade Atlas for the period September 2015 through February 2016 (i.e., the latest six months available).46 For three items (beach iron scrap, ferromanganese, and slag iron offsets), there was insufficient import volume to calculate a surrogate value, and so Petitioners relied on South African export statistics.47 Petitioners excluded all import data from countries previously determined by the Department to maintain broadly available, non-industry-specific export subsidies, from countries previously determined by the Department to be NME countries. In addition, in accordance with the Department’s practice, Petitioners excluded imports that were labeled as originating from an unidentified country.48 Petitioners added to these import values an inland freight rate derived from a report issued by the Human Sciences Research Council, based on the distance from the VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27094 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 49 Id. at 17–18 and Exhibit AD–CN–7. 50 Id. at 20–21 and Exhibits AD–CN–10, AD–CN– 25, and AD–CN–29. 51 Id. at 19 and Exhibit AD–CN–24. 52 Id. at 19–20 and Exhibits AD–CN–26 and AD– CN–27. 53 Id. at 20; see also PRC AD Petition Supplement at 7–8 and Exhibits AD–CN–Supp–12, AD–CN– Supp–13, and AD–CN–Supp–14. 54 See PRC AD Petition Supplement at 8–9 and Exhibits AD–CN–Supp–10 and AD–CN–Supp–14. 55 See Volume IV of Petition at 1 and 23 and Exhibits AD–CN–18 and AD–CN–21. 56 See Volume IV of Petition at 21–23 and Exhibits AD–CN–21 and AD–CN–30; see also PRC AD Petition Supplement at 9–10 and Exhibits AD– CN–Supp–16. 57 See Austria AD Initiation Checklist, Brazil AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Italy AD Initiation Checklist, Japan AD Initiation Checklist, Korea AD Initiation Checklist, South Africa AD Initiation Checklist, and Taiwan AD Initiation Checklist. 58 Id. 59 Id. 60 Id. 61 See Brazil AD Initiation Checklist. 62 See Austria AD Initiation Checklist, Brazil AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Korea AD Initiation Checklist, and Taiwan AD Initiation Checklist. 63 See Italy AD Initiation Checklist, Japan AD Initiation Checklist, and South Africa AD Initiation Checklist. 64 See Austria AD Initiation Checklist, Brazil AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Italy AD Initiation Checklist, Japan AD Initiation Checklist, Korea AD Initiation Checklist, South Africa AD Initiation Checklist, and Taiwan AD Initiation Checklist. 65 See Austria AD Initiation Checklist, France AD Initiation Checklist, Germany AD Initiation Checklist, Japan AD Initiation Checklist, Korea AD Initiation Checklist, South Africa AD Initiation Checklist, and Taiwan AD Initiation Checklist. 66 See Brazil AD Initiation Checklist and Italy AD Initiation Checklist. 67 See Austria AD Initiation Checklist. 68 See Belgium AD Initiation Checklist. 69 See Brazil AD Initiation Checklist. 70 See France AD Initiation Checklist. 71 See Germany AD Initiation Checklist. 72 See Italy AD Initiation Checklist. 73 See Japan AD Initiation Checklist. 74 See Korea AD Initiation Checklist. 75 See South Africa AD Initiation Checklist. 76 See Taiwan AD Initiation Checklist. 77 See Turkey AD Initiation Checklist. 78 See PRC AD Initiation Checklist. nearest port to the PRC producing mill. 49 Valuation of Labor Petitioners relied on 2013 data from the International Labor Organization’s ILOSTAT data service to derive an hourly labor rate, and then inflated it using the Consumer Price Index.50 Valuation of Energy Petitioners valued electricity using electricity rates in effect during the POI as collected and disseminated by the South African electricity producer Eskom,51 water and natural gas by obtaining the surrogate values used by a recent Department case using South Africa as surrogate country,52 coke oven gas (which is neither imported nor sold on the commercial market) by taking South African pricing for natural gas as a substitute and making a downward revision to the value of natural gas to reflect the lower heat value of coke oven gas,53 and oxygen using the average unit pricing for oxygen imported into South Africa. 54 Valuation of Packing Materials Petitioners valued the packing expenses used by the PRC producers based on actual production experience of a U.S. producer of CTL plate.55 Valuation of Factory Overhead, Selling, General and Administrative Expenses, and Profit Petitioners valued factory overhead, SG&A, and profit using publicly available financial statements from Evraz Highveld, a South African company that produces the merchandise under consideration. 56 Normal Value Based on Constructed Value Pursuant to section 773(b)(3) of the Act, COP consists of the cost of manufacturing (COM), SG&A expenses, financial expenses, and packing expenses. Petitioners calculated COM based on the experience of a surrogate producer, adjusted for known differences between the surrogate producer and the producer(s) of the respective country (i.e., Austria, Brazil, France, Germany, Italy, Japan, Korea, South Africa, and Taiwan), during the proposed POI.57 Using publicly- available data to account for price differences, Petitioners multiplied the surrogate usage quantities by the submitted value of the inputs used to manufacture CTL plate in each country.58 For Austria, Brazil, France, Germany, Italy, Japan, Korea, South Africa, and Taiwan, labor rates were derived from publicly available sources multiplied by the product-specific usage rates.59 For Austria, Brazil, France, Germany, Italy, Japan, Korea, South Africa, and Taiwan, to determine factory overhead, SG&A, and financial expense rates, Petitioners relied on financial statements of companies they asserted were producers of identical or comparable merchandise operating in the respective foreign country. 60 For Brazil, we adjusted the financial expense rate to reflect the results from the consolidated rather than non- consolidated financial statements.61 For Austria, Brazil, France, Germany, Korea, and Taiwan, because certain home market prices fell below COP, pursuant to sections 773(a)(4), 773(b), and 773(e) of the Act, as noted above, Petitioners calculated NVs based on CV for those countries.62 For Italy, Japan, and South Africa, Petitioners indicated they were unable to obtain home market or third country prices; accordingly, Petitioners based NV only on CV for those countries. 63 Pursuant to section 773(e) of the Act, CV consists of the COM, SG&A, financial expenses, packing expenses, and profit. Petitioners calculated CV using the same average COM, SG&A, and financial expenses, to calculate COP.64 With the exception of Brazil and Italy, Petitioners relied on the financial statements of the same producers that they used for calculating manufacturing overhead, SG&A, and financial expenses to calculate the profit rate.65 For Brazil and Italy, because the relevant financial statements indicated that the companies were operating at a loss, Petitioners did not include profit in CV. 66 Fair Value Comparisons Based on the data provided by Petitioners, there is reason to believe that imports of CTL plate from Austria, Belgium, Brazil, France, Germany, Italy, Japan, Korea, the PRC, South Africa, Taiwan, and Turkey are being, or are likely to be, sold in the United States at less than fair value. Based on comparisons of EP, or CEP, to NV in accordance with sections 772 and 773 of the Act, the estimated dumping margins for CTL plate are as follows: (1) Austria ranges from 35.50 to 121.90 percent; 67 (2) Belgium is 51.78 percent; 68 (3) Brazil is 74.52 percent; 69 (4) France ranges from 28.43 to 148.02 percent; 70 (5) Germany ranges from 42.59 to 174.03 percent; 71 (6) Italy is 130.63 percent; 72 (7) Japan is 179.2 percent; 73 (8) Korea ranges from 44.70 to 248.64; 74 (9) South Africa ranges from 81.29 to 94.14 percent; 75 (10) Taiwan ranges from 8.30 to 77.13 percent; 76 and (11) Turkey ranges from 34.03 to 50.00 percent.77 Based on comparisons of EP to NV, in accordance with section 773(c) of the Act, the estimated dumping margin for CTL plate from the PRC ranges from 67.93 to 68.27 percent.78 Initiation of Less-Than-Fair-Value Investigations Based upon the examination of the AD Petitions on CTL plate from Austria, Belgium, Brazil, France, Germany, Italy, Japan, Korea, the PRC, South Africa, Taiwan, and Turkey, we find that the Petitions meet the requirements of section 732 of the Act. Therefore, we are initiating AD investigations to VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27095Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 79 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). 80 See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015). 81 Id. at 46794–95. The 2015 amendments may be found at https://www.congress.gov/bill/114th- congress/house-bill/1295/text/pl. 82 See Volume I of the Petition at 18–19 and Exhibit I–8. 83 Petitioners initially named only one company in Turkey, but later indicated that there are two additional producers in Turkey, VVK Metalurji and Tosc¸elik Profile & Sheet, that are theoretically capable of producing a product that would fall within the scope of this investigation. See Letter to the Secretary of Commerce from Petitioners ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey—Petitioners Amendment to the Petition’’ (April 18, 2016). 84 See Volume I of the Petition at 18–19 and Exhibit I–8. 85 Id. 86 Id. 87 Id. 88 Id. 89 Id. 90 Id. 91 See Volume I of the Petition at Exhibit I–9. 92 See Volume I of the Petition, at Exhibit I–8. 93 See Policy Bulletin 05.1: Separate-Rates Practice and Application of Combination Rates in Antidumping Investigation involving Non-Market Economy Countries (April 5, 2005), available at http://enforcement.trade.gov/policy/bull05-1.pdf (Policy Bulletin 05.1). 94 Although in past investigations this deadline was 60 days, consistent with 19 CFR 351.301(a), which states that ‘‘the Secretary may request any person to submit factual information at any time during a proceeding,’’ this deadline is now 30 days. determine whether imports of CTL plate from Austria, Belgium, Brazil, France, Germany, Italy, Japan, Korea, the PRC, South Africa, Taiwan, and Turkey are being, or are likely to be, sold in the United States at less than fair value. In accordance with section 733(b)(1)(A) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determinations no later than 140 days after the date of this initiation. On June 29, 2015, the President of the United States signed into law the Trade Preferences Extension Act of 2015, which made numerous amendments to the AD and CVD law.79 The 2015 law does not specify dates of application for those amendments. On August 6, 2015, the Department published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained in section 771(7) of the Act, which relate to determinations of material injury by the ITC. 80 The amendments to sections 771(15), 773, 776, and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to these investigations. 81 Respondent Selection Petitioners named three companies in Brazil,82 three companies in Turkey,83 11 companies in Germany,84 nine companies in Italy,85 five companies in Japan, 86 21 companies in Korea,87 four companies in South Africa, 88 and 10 companies in Taiwan,89 as producers/ exporters of CTL plate. Following standard practice in AD investigations involving market economy countries, in the event the Department determines that the number of companies is large and it cannot individually examine each company based upon the Department’s resources, where appropriate, the Department intends to select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports under the appropriate Harmonized Tariff Schedule of the United States numbers listed with the scope in Appendix I, below. We also intend to release the CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO on the record within five business days of publication of this Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted seven calendar days after the placement of the CBP data on the record of these investigations. Parties wishing to submit rebuttal comments should submit those comments five calendar days after the deadline for the initial comments. Although the Department normally relies on the number of producers/ exporters identified in the petition and/ or import data from CBP to determine whether to select a limited number of producers/exporters for individual examination in AD investigations, Petitioners identified only one company as a producer/exporter of CTL plate in Austria: Voelstalpine Grobblech GmbH; two companies in Belgium: Industeel and NLMK Clabecq; and two companies in France: Dillinger France and Industeel France. 90 We currently know of no additional producers/exporters of merchandise under consideration from these countries and Petitioners provided information from an independent third- party source as support.91 Accordingly, the Department intends to examine all known producers/exporters in the investigations for Austria, Belgium, and France (i.e., the companies cited above for each respective investigation). Comments for the above-referenced investigations must be filed electronically using ACCESS. An electronically-filed document must be received successfully in its entirety by the Department’s electronic records system, ACCESS, by 5:00 p.m. ET by the dates noted above. We intend to make our decision regarding respondent selection within 20 days of publication of this notice. With respect to the PRC, Petitioners named 56 companies as producers/ exporters of CTL plate.92 In accordance with our standard practice for respondent selection in cases involving NME countries, we intend to issue quantity and value (Q&V) questionnaires to each potential respondent and base respondent selection on the responses received. In addition, the Department will post the Q&V questionnaire along with filing instructions on the Enforcement and Compliance Web site at http://www. trade.gov/enforcement/news.asp. Exporters/producers of CTL plate from the PRC that do not receive Q&V questionnaires by mail may still submit a response to the Q&V questionnaire and can obtain a copy from the Enforcement and Compliance Web site. The Q&V response must be submitted by all PRC exporters/producers no later than May 12, 2016, which is two weeks from the signature date of this notice. All Q&V responses must be filed electronically via ACCESS. Separate Rates In order to obtain separate-rate status in an NME investigation, exporters and producers must submit a separate-rate application.93 The specific requirements for submitting a separate-rate application in the PRC investigation are outlined in detail in the application itself, which is available on the Department’s Web site at http:// enforcement.trade.gov/nme/nme-sep- rate.html. The separate-rate application will be due 30 days after publication of this initiation notice.94 Exporters and producers who submit a separate-rate application and are selected as mandatory respondents will be eligible for consideration for separate-rate status only if they respond to all parts of the Department’s AD questionnaire as mandatory respondents. The Department requires that respondents from the PRC submit a response to both the Q&V questionnaire and the separate- rate application by their respective deadlines in order to receive consideration for separate-rate status. Use of Combination Rates The Department will calculate combination rates for certain respondents that are eligible for a VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27096 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 95 See Policy Bulletin 05.1 at 6 (emphasis added). 96 See section 733(a) of the Act. 97 Id. 98 See 19 CFR 351.301(b). 99 See 19 CFR 351.301(b)(2). 100 See section 782(b) of the Act. 101 See Certification of Factual Information to Import Administration during Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. separate rate in an NME investigation. The Separate Rates and Combination Rates Bulletin states: {w}hile continuing the practice of assigning separate rates only to exporters, all separate rates that the Department will now assign in its NME Investigation will be specific to those producers that supplied the exporter during the period of investigation. Note, however, that one rate is calculated for the exporter and all of the producers which supplied subject merchandise to it during the period of investigation. This practice applies both to mandatory respondents receiving an individually calculated separate rate as well as the pool of non-investigated firms receiving the weighted-average of the individually calculated rates. This practice is referred to as the application of ‘‘combination rates’’ because such rates apply to specific combinations of exporters and one or more producers. The cash-deposit rate assigned to an exporter will apply only to merchandise both exported by the firm in question and produced by a firm that supplied the exporter during the period of investigation.95 Distribution of Copies of the Petitions In accordance with section 732(b)(3)(A) of the Act and 19 CFR 351.202(f), copies of the public version of the Petitions have been provided to the governments of Austria, Belgium, Brazil, France, Germany, Italy, Japan, Korea, the PRC, South Africa, Taiwan, and Turkey via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each exporter named in the Petitions, as provided under 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 732(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petitions were filed, whether there is a reasonable indication that imports of CTL plate from Austria, Belgium, Brazil, France, Germany, Italy, Japan, Korea, the PRC, South Africa, Taiwan, and/or Turkey are materially injuring or threatening material injury to a U.S. industry. 96 A negative ITC determination for any country will result in the investigation being terminated with respect to that country; 97 otherwise, these investigations will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). Any party, when submitting factual information, must specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted 98 and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. 99 Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Please review the regulations prior to submitting factual information in these investigations. Extensions of Time Limits Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. ET on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely- filed requests for the extension of time limits. Review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/ fdsys/pkg/FR-2013-09-20/html/2013- 22853.htm, prior to submitting factual information in these investigations. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.100 Parties are hereby reminded that revised certification requirements are in effect for company/ government officials, as well as their representatives. Investigations initiated on the basis of petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule.101 The Department intends to reject factual submissions if the submitting party does not comply with applicable revised certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in these investigations should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed in 19 CFR 351.103(d)). This notice is issued and published pursuant to section 777(i) of the Act. Dated: April 28, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigations The products covered by these investigations 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 VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27097Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 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 (e.g., orders on hot-rolled flat-rolled steel); 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 these investigations 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 investigations 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 these investigations 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 these investigations: (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; (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) 320–350 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 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 VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27098 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 1 See ‘‘Certain Carbon and Alloy Steel Cut-to- Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey—Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated April 8, 2016 (Petitions). 2 Id., Volume I at 2. 3 See Letter from the Department, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey: Supplemental Questions,’’ April 13, 2016 (General Issues Supplemental Questionnaire); see also Memorandum to the File from Vicki Flynn ‘‘Phone Call with Counsel to Petitioners,’’ April 21, 2016. 4 See Letter from Petitioners, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey: Petitioners’ Amendment to Petition Volume I Related to General Issues,’’ April 18, 2016 (General Issues Supplement); see also Letter from Petitioners to the Secretary of Commerce ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and the Republic of Turkey—Petitioners’ Amendment to Petition Volume I Related to General Issues’’ (April 25, 2016) (Second General Issues Supplement). 5 See Letter from the Department ‘‘Petition for the Imposition of Countervailing Duties on Imports of Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil: Supplemental Questions,’’ April 13, 2016. 6 See Letter from the Department, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea: Supplemental Questions,’’ April 13, 2016. 7 See Letter from Petitioners ‘‘Re: Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey—Petitioners’ Amendment to Petition,’’ dated April 18, 2016. acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. At the time of the filing of the petition, there was an existing antidumping duty order on certain cut-to-length carbon-quality steel plate products from Korea. See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cut-To-Length Carbon- Quality Steel Plate Products from Korea, 64 FR 73196 (Dep’t Commerce Dec. 29, 1999), as amended, 65 FR 6585 (Dep’t Commerce Feb 10, 2000) (1999 Korea AD Order). The scope of the antidumping duty investigation with regard to cut-to-length plate from Korea covers only (1) subject cut-to-length plate not within the physical description of cut-to- length carbon quality steel plate in the 1999 Korea AD Order, regardless of producer or exporter; and (2) cut-to-length plate produced and/or exported by those companies that were excluded or revoked from the 1999 Korea AD Order as of April 8, 2016. The only revoked or excluded company is Pohang Iron and Steel Company, also known as POSCO. At the time of the filing of the petition, there was an existing countervailing duty order on certain cut-to-length carbon-quality steel plate from Korea. See Final Affirmative Countervailing Duty Determination: Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea, 64 FR 73176 (Dep’t Commerce Dec. 29, 1999), as amended, 65 FR 6587 (Dep’t Commerce Feb. 10, 2000) (1999 Korea CVD Order). The scope of the countervailing duty investigation with regard to cut-to-length plate from Korea covers only (1) subject cut-to-length plate not within the physical description of cut-to-length carbon quality steel plate in the 1999 Korea CVD Order regardless of producer or exporter, and (2) cut-to-length plate produced and/or exported by those companies that were excluded or revoked from the 1999 Korea CVD Order as of April 8, 2016. The only revoked or excluded company is Pohang Iron and Steel Company, also known as POSCO. Excluded from the scope of the antidumping duty investigation on cut-to- length plate from China are any products covered by the existing antidumping duty order on certain cut-to-length carbon steel plate from the People’s Republic of China. See Suspension Agreement on Certain Cut-to- Length Carbon Steel Plate From the People’s Republic of China; Termination of Suspension Agreement and Notice of Antidumping Duty Order, 68 FR 60081 (Dep’t Commerce Oct. 21, 2003), as amended, Affirmative Final Determination of Circumvention of the Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate From the People’s Republic of China, 76 FR 50996, 50996–97 (Dep’t of Commerce Aug. 17, 2011). On August 17, 2011, the U.S. Department of Commerce found that the order covered all imports of certain cut-to- length carbon steel plate products with 0.0008 percent or more boron, by weight, from China not meeting all of the following requirements: aluminum level of 0.02 percent or greater, by weight; a ratio of 3.4 to 1 or greater, by weight, of titanium to nitrogen; and a hardenability test (i.e., Jominy test) result indicating a boron factor of 1.8 or greater. The products subject to the investigations 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 investigations 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, 7214.10.000, 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, 7206.11.1000, 7226.11.9060, 7229.19.1000, 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 investigations is dispositive. [FR Doc. 2016–10627 Filed 5–4–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–351–848; C–570–048; C–580–888] Certain Carbon and Alloy Steel Cut-to- Length Plate From Brazil, the People’s Republic of China, and the Republic of Korea: Initiation of Countervailing Duty Investigations AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES : Effective Date: April 28, 2016. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski at (202) 482–1395 (Brazil); Katie Marksberry at (202) 482– 7906 (the People’s Republic of China); and John Drury at (202) 482–0195 (Republic of Korea), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION : The Petitions On April 8, 2016, the Department of Commerce (the Department) received countervailing duty (CVD) petitions concerning imports of certain carbon and alloy cut-to-length plate (CTL plate) from Brazil, the People’s Republic of China (PRC), and the Republic of Korea (Korea), filed in proper form on behalf of ArcelorMittal USA LLC, Nucor Corporation, and SSAB Enterprises, LLC (collectively, Petitioners). The CVD petitions were accompanied by antidumping duty (AD) petitions concerning imports of CTL plate from all of the above countries, in addition to Austria, Belgium, France, the Federal Republic of Germany, Italy, Japan, South Africa, Taiwan, and Turkey. 1 Petitioners are domestic producers of CTL plate. 2 On April 13, 2016, and April 21, 2016, the Department requested supplemental information pertaining to certain areas of the Petition.3 Petitioners filed responses to these requests on April 18, 2016, and April 25, 2016, respectively.4 Additionally, on April 13, 2016, the Department requested supplemental information pertaining to certain areas of the Petition with respect to Brazil 5 and the Republic of Korea.6 Petitioners filed responses to these requests on April 18, 2016.7 VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES ──────────────────────────────────────────────────────────── === Initiation – CVD === 27098 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 1 See ‘‘Certain Carbon and Alloy Steel Cut-to- Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey—Petitions for the Imposition of Antidumping and Countervailing Duties,’’ dated April 8, 2016 (Petitions). 2 Id., Volume I at 2. 3 See Letter from the Department, ‘‘Petitions for the Imposition of Antidumping Duties on Imports of Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey: Supplemental Questions,’’ April 13, 2016 (General Issues Supplemental Questionnaire); see also Memorandum to the File from Vicki Flynn ‘‘Phone Call with Counsel to Petitioners,’’ April 21, 2016. 4 See Letter from Petitioners, ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey: Petitioners’ Amendment to Petition Volume I Related to General Issues,’’ April 18, 2016 (General Issues Supplement); see also Letter from Petitioners to the Secretary of Commerce ‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and the Republic of Turkey—Petitioners’ Amendment to Petition Volume I Related to General Issues’’ (April 25, 2016) (Second General Issues Supplement). 5 See Letter from the Department ‘‘Petition for the Imposition of Countervailing Duties on Imports of Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil: Supplemental Questions,’’ April 13, 2016. 6 See Letter from the Department, ‘‘Petition for the Imposition of Countervailing Duties on Imports of Certain Carbon and Alloy Steel Cut-to-Length Plate from the Republic of Korea: Supplemental Questions,’’ April 13, 2016. 7 See Letter from Petitioners ‘‘Re: Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and Turkey—Petitioners’ Amendment to Petition,’’ dated April 18, 2016. acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. At the time of the filing of the petition, there was an existing antidumping duty order on certain cut-to-length carbon-quality steel plate products from Korea. See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cut-To-Length Carbon- Quality Steel Plate Products from Korea, 64 FR 73196 (Dep’t Commerce Dec. 29, 1999), as amended, 65 FR 6585 (Dep’t Commerce Feb 10, 2000) (1999 Korea AD Order). The scope of the antidumping duty investigation with regard to cut-to-length plate from Korea covers only (1) subject cut-to-length plate not within the physical description of cut-to- length carbon quality steel plate in the 1999 Korea AD Order, regardless of producer or exporter; and (2) cut-to-length plate produced and/or exported by those companies that were excluded or revoked from the 1999 Korea AD Order as of April 8, 2016. The only revoked or excluded company is Pohang Iron and Steel Company, also known as POSCO. At the time of the filing of the petition, there was an existing countervailing duty order on certain cut-to-length carbon-quality steel plate from Korea. See Final Affirmative Countervailing Duty Determination: Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea, 64 FR 73176 (Dep’t Commerce Dec. 29, 1999), as amended, 65 FR 6587 (Dep’t Commerce Feb. 10, 2000) (1999 Korea CVD Order). The scope of the countervailing duty investigation with regard to cut-to-length plate from Korea covers only (1) subject cut-to-length plate not within the physical description of cut-to-length carbon quality steel plate in the 1999 Korea CVD Order regardless of producer or exporter, and (2) cut-to-length plate produced and/or exported by those companies that were excluded or revoked from the 1999 Korea CVD Order as of April 8, 2016. The only revoked or excluded company is Pohang Iron and Steel Company, also known as POSCO. Excluded from the scope of the antidumping duty investigation on cut-to- length plate from China are any products covered by the existing antidumping duty order on certain cut-to-length carbon steel plate from the People’s Republic of China. See Suspension Agreement on Certain Cut-to- Length Carbon Steel Plate From the People’s Republic of China; Termination of Suspension Agreement and Notice of Antidumping Duty Order, 68 FR 60081 (Dep’t Commerce Oct. 21, 2003), as amended, Affirmative Final Determination of Circumvention of the Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate From the People’s Republic of China, 76 FR 50996, 50996–97 (Dep’t of Commerce Aug. 17, 2011). On August 17, 2011, the U.S. Department of Commerce found that the order covered all imports of certain cut-to- length carbon steel plate products with 0.0008 percent or more boron, by weight, from China not meeting all of the following requirements: aluminum level of 0.02 percent or greater, by weight; a ratio of 3.4 to 1 or greater, by weight, of titanium to nitrogen; and a hardenability test (i.e., Jominy test) result indicating a boron factor of 1.8 or greater. The products subject to the investigations 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 investigations 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, 7214.10.000, 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, 7206.11.1000, 7226.11.9060, 7229.19.1000, 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 investigations is dispositive. [FR Doc. 2016–10627 Filed 5–4–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–351–848; C–570–048; C–580–888] Certain Carbon and Alloy Steel Cut-to- Length Plate From Brazil, the People’s Republic of China, and the Republic of Korea: Initiation of Countervailing Duty Investigations AGENCY : Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES : Effective Date: April 28, 2016. FOR FURTHER INFORMATION CONTACT: Nicholas Czajkowski at (202) 482–1395 (Brazil); Katie Marksberry at (202) 482– 7906 (the People’s Republic of China); and John Drury at (202) 482–0195 (Republic of Korea), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION : The Petitions On April 8, 2016, the Department of Commerce (the Department) received countervailing duty (CVD) petitions concerning imports of certain carbon and alloy cut-to-length plate (CTL plate) from Brazil, the People’s Republic of China (PRC), and the Republic of Korea (Korea), filed in proper form on behalf of ArcelorMittal USA LLC, Nucor Corporation, and SSAB Enterprises, LLC (collectively, Petitioners). The CVD petitions were accompanied by antidumping duty (AD) petitions concerning imports of CTL plate from all of the above countries, in addition to Austria, Belgium, France, the Federal Republic of Germany, Italy, Japan, South Africa, Taiwan, and Turkey. 1 Petitioners are domestic producers of CTL plate. 2 On April 13, 2016, and April 21, 2016, the Department requested supplemental information pertaining to certain areas of the Petition.3 Petitioners filed responses to these requests on April 18, 2016, and April 25, 2016, respectively.4 Additionally, on April 13, 2016, the Department requested supplemental information pertaining to certain areas of the Petition with respect to Brazil 5 and the Republic of Korea.6 Petitioners filed responses to these requests on April 18, 2016.7 VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27099Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 8 See ‘‘Determination of Industry Support for the Petition’’ section, below. 9 See 19 CFR 351.204(b)(2). 10 See General Issues Supplemental Questionnaire; see also General Issues Supplement; Second General Issues Supplement. 11 See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997). 12 See 19 CFR 351.102(b)(21). 13 See 19 CFR 351.303(b). 14 See 19 CFR 351.303 (for general filing requirements); see also Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011), for details of the Department’s electronic filing requirements, which went into effect on August 5, 2011. Information on help using ACCESS can be found at https://access.trade.gov/help.aspx, and a handbook can be found at https://access.trade.gov/help/ Handbook%20on%20Electronic%20Filling%20 Procedures.pdf. 15 See Memo to the File, from Katie Marksberry, Case Analyst, Re: Countervailing Duty Petition on Carbon and Alloy Steel Cut-To-Length Plate from the People’s Republic of China: Comments from the Government of the People’s Republic of China Regarding the Petition, dated April 25, 2016. 16 As the GOK did not request consultations prior to the initiation of this investigation, the Department and the GOK did not hold consultations. In accordance with section 702(b)(1) of the Tariff Act of 1930, as amended (the Act), Petitioners allege that the Governments of Brazil (GOB), the PRC (GOC), and Korea (GOK) are providing countervailable subsidies, within the meaning of sections 701 and 771(5) of the Act, to imports of CTL plate from Brazil, the PRC, and Korea, respectively, and that such imports are materially injuring, or threatening material injury to, an industry in the United States. Also, consistent with section 702(b)(1) of the Act, for those alleged programs on which we are initiating a CVD investigation, the Petition is accompanied by information reasonably available to Petitioners supporting their allegations. The Department finds that Petitioners filed the Petition on behalf of the domestic industry because Petitioners are interested parties as defined in section 771(9)(C) of the Act. The Department also finds that Petitioners demonstrated sufficient industry support with respect to the initiation of the CVD investigations that Petitioners are requesting. 8 Period of Investigations The period of investigation is January 1, 2015, through December 31, 2015.9 Scope of the Investigation The product covered by these investigations is CTL plate from Brazil, the PRC, and Korea. For a full description of the scope of these investigations, see Appendix I of this notice. Comments on Scope of the Investigations During our review of the Petitions, the Department issued questions to and received responses from Petitioners pertaining to the proposed scope to ensure that the scope language in the Petition would be an accurate reflection of the products for which the domestic industry is seeking relief.10 As discussed in the preamble to the Department’s regulations, 11 we are setting aside a period for interested parties to raise issues regarding product coverage (i.e., scope). The Department will consider all comments received from interested parties and, if necessary, will consult with the interested parties prior to the issuance of the preliminary determination. If scope comments include factual information,12 all such factual information should be limited to public information. In order to facilitate preparation of its questionnaire, the Department requests all interested parties to submit such comments by 5:00 p.m. Eastern Time (ET) on Wednesday, May 18, 2016, which is 20 calendar days from the signature date of this notice. Any rebuttal comments, which may include factual information, must be filed by 5:00 p.m. ET on Tuesday, May 31, 2016, which is the next business day after 10 calendar days from the initial comments deadline. 13 The Department requests that any factual information the parties consider relevant to the scope of the investigation be submitted during this time period. However, if a party subsequently finds that additional factual information pertaining to the scope of the investigation may be relevant, the party may contact the Department and request permission to submit the additional information. All such comments must be filed on the record of the concurrent CVD investigations, as well as the AD investigations of CTL plate from Austria, Belgium, France, the Federal Republic of Germany, Italy, Japan, South Africa, Taiwan, and Turkey. Filing Requirements All submissions to the Department must be filed electronically using Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS). 14 An electronically- filed document must be received successfully in its entirety by the time and date it is due. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with Enforcement and Compliance’s APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, and stamped with the date and time of receipt by the applicable deadlines. Consultations Pursuant to section 702(b)(4)(A)(i) of the Act, the Department notified representatives of the GOB, GOC and GOK of the receipt of the Petition. Also, in accordance with section 702(b)(4)(A)(ii) of the Act, the Department provided representatives of the GOB, GOC and GOK the opportunity for consultations with respect to the CVD Petitions. Consultations with the GOB were held at the Department’s main building on April 26, 2016. The GOC submitted consultation comments to the Department on April 23, 2016, in lieu of holding consultations.15 All invitation letters and memoranda regarding these consultations are on file electronically via ACCESS.16 Determination of Industry Support for the Petitions Section 702(b)(1) of the Act requires that a petition be filed on behalf of the domestic industry. Section 702(c)(4)(A) of the Act provides that a petition meets this requirement if the domestic producers or workers who support the petition account for: (i) At least 25 percent of the total production of the domestic like product; and (ii) more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of the Act provides that, if the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the Department shall: (i) Poll the industry or rely on other information in order to determine if there is support for the petition, as required by subparagraph (A); or (ii) determine industry support using a statistically valid sampling method to poll the ‘‘industry.’’ Section 771(4)(A) of the Act defines the ‘‘industry’’ as the producers as a whole of a domestic like product. Thus, to determine whether a petition has the requisite industry support, the statute directs the Department to look to producers and workers who produce the domestic like product. The International Trade Commission (ITC), which is responsible for determining whether VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27100 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 17 See section 771(10) of the Act. 18 See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F. Supp. 639, 644 (CIT 1988), aff’d 865 F.2d 240 (Fed. Cir. 1989)). 19 For a discussion of the domestic like product analysis in this case, see Countervailing Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to-Length Plate from Brazil (Brazil CVD Initiation Checklist), at Attachment II, Analysis of Industry Support for the Antidumping and Countervailing Duty Petitions Covering Certain Carbon and Alloy Steel Cut-to-Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and the Republic of Turkey (Attachment II); Countervailing Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to- Length Plate from the People’s Republic of China (PRC CVD Initiation Checklist), at Attachment II; and Countervailing Duty Investigation Initiation Checklist: Certain Carbon and Alloy Steel Cut-to- Length Plate from the Republic of Korea (Korea CVD Initiation Checklist), at Attachment II. These checklists are dated concurrently with this notice and on file electronically via ACCESS. Access to documents filed via ACCESS is also available in the Central Records Unit, Room B8024 of the main Department of Commerce building. 20 See Volume I of the Petitions, at 2–4 and Exhibits I–3 through I–5; see also General Issues Supplement, at 7–11 and Exhibits I–Supp–2 through I–Supp–4 and I–Supp–11. 21 See Volume I of the Petitions, at 3 and Exhibit I–4; see also General Issues Supplement, at 7. 22 See Volume I of the Petitions, at 2–4 and Exhibits I–4 and I–5; see also General Issues Supplement, at 8–11 and Exhibits I–Supp–2, I– Supp–3, and I–Supp–11. For further discussion, see Brazil CVD Initiation Checklist, PRC CVD Initiation Checklist, and Korea CVD Initiation Checklist, at Attachment II. 23 See Brazil CVD Initiation Checklist, PRC CVD Initiation Checklist, and Korea CVD Initiation Checklist, at Attachment II. 24 As mentioned above, Petitioners established that shipments are a reasonable proxy for production data. Section 351.203(e)(1) of the Department’s regulations states ‘‘production levels may be established by reference to alternative data that the Secretary determines to be indicative of production levels.’’ 25 See section 702(c)(4)(D) of the Act; see also Brazil CVD Initiation Checklist, PRC CVD Initiation Checklist, and Korea CVD Initiation Checklist, at Attachment II. 26 See Brazil CVD Initiation Checklist, PRC CVD Initiation Checklist, and Korea CVD Initiation Checklist, at Attachment II. 27 Id. 28 Id. 29 See Volume I of the Petitions, at 25–29 and Exhibits I–13 and I–16. ‘‘the domestic industry’’ has been injured, must also determine what constitutes a domestic like product in order to define the industry. While both the Department and the ITC must apply the same statutory definition regarding the domestic like product,17 they do so for different purposes and pursuant to a separate and distinct authority. In addition, the Department’s determination is subject to limitations of time and information. Although this may result in different definitions of the like product, such differences do not render the decision of either agency contrary to law.18 Section 771(10) of the Act defines the domestic like product as ‘‘a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title.’’ Thus, the reference point from which the domestic like product analysis begins is ‘‘the article subject to an investigation’’ (i.e., the class or kind of merchandise to be investigated, which normally will be the scope as defined in the Petitions). With regard to the domestic like product, Petitioners do not offer a definition of the domestic like product distinct from the scope of the investigations. Based on our analysis of the information submitted on the record, we have determined that CTL Plate constitutes a single domestic like product and we have analyzed industry support in terms of that domestic like product.19 In determining whether Petitioners have standing under section 702(c)(4)(A) of the Act, we considered the industry support data contained in the Petitions with reference to the domestic like product as defined in the ‘‘Scope of the Investigations,’’ in Appendix I of this notice. To establish industry support, Petitioners provided their shipments of the domestic like product in 2015, as well as the 2015 shipments of Universal Stainless & Alloy Products, Inc., a supporter of the Petitions, and compared these shipments to the estimated total shipments of the domestic like product for the entire domestic industry.20 Because data regarding total production of the domestic like product are not reasonably available to Petitioners and Petitioners have established that shipments are a reasonable proxy for production, 21 we have relied on the shipment data provided by Petitioners for purposes of measuring industry support.22 Our review of the data provided in the Petitions, General Issues Supplement, and other information readily available to the Department indicates that Petitioners have established industry support.23 First, the Petitions established support from domestic producers (or workers) accounting for more than 50 percent of the total shipments 24 of the domestic like product and, as such, the Department is not required to take further action in order to evaluate industry support (e.g., polling).25 Second, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(i) of the Act for all of the Petitions because the domestic producers (or workers) who support each of the Petitions account for at least 25 percent of the total shipments of the domestic like product. 26 Finally, the domestic producers (or workers) have met the statutory criteria for industry support under section 702(c)(4)(A)(ii) of the Act for all of the Petitions because the domestic producers (or workers) who support each of the Petitions account for more than 50 percent of the shipments of the domestic like product produced by that portion of the industry expressing support for, or opposition to, the Petitions. 27 Accordingly, the Department determines that the Petitions were filed on behalf of the domestic industry within the meaning of section 702(b)(1) of the Act. The Department finds that Petitioners filed the Petitions on behalf of the domestic industry because they are interested parties as defined in section 771(9)(C) of the Act and they have demonstrated sufficient industry support with respect to the CVD investigations that they are requesting the Department initiate. 28 Injury Test Because Brazil, the PRC, and Korea are ‘‘Subsidies Agreement Countries’’ within the meaning of section 701(b) of the Act, section 701(a)(2) of the Act applies to these investigations. Accordingly, the ITC must determine whether imports of the subject merchandise from Brazil, the PRC, and Korea materially injure, or threaten material injury to, a U.S. industry. Allegations and Evidence of Material Injury and Causation Petitioners allege that imports of the subject merchandise are benefitting from countervailable subsidies and that such imports are causing, or threaten to cause, material injury to the U.S. industry producing the domestic like product. In addition, with regard to the PRC and Korea, Petitioners allege that subject imports exceed the negligibility threshold provided for under section 771(24)(A) of the Act.29 In CVD petitions, section 771(24)(A) of the Act provides that imports of subject merchandise must exceed the negligibility threshold of three percent, except that imports of subject merchandise from developing countries in CVD investigations must exceed the negligibility threshold of four percent, pursuant to section 771(24)(B) of the VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27101Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 30 See section 771(36)(A)–(B) of the Act. 31 See Second General Issues Supplement, at 1– 4 and Exhibit 1. 32 See Volume I of the Petitions, at 20–22, 34–47 and Exhibits I–4, I–5, I–9, I–10, I–12 through I–14, I–16, and I–17; see also General Issues Supplement, at 11–15 and Exhibits I–Supp–1, I–Supp–6, I– Supp–7, and I–Supp–9. 33 See Brazil CVD Initiation Checklist, PRC CVD Initiation Checklist, and Korea CVD Initiation Checklist, at Attachment III, Analysis of Allegations and Evidence of Material Injury and Causation for the Antidumping and Countervailing Duty Petitions Covering Certain Carbon and Alloy Steel Cut-to- Length Plate from Austria, Belgium, Brazil, the People’s Republic of China, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, South Africa, Taiwan, and the Republic of Turkey. 34 See Trade Preferences Extension Act of 2015, Public Law 114–27, 129 Stat. 362 (2015). 35 See Dates of Application of Amendments to the Antidumping and Countervailing Duty Laws Made by the Trade Preferences Extension Act of 2015, 80 FR 46793 (August 6, 2015) (Applicability Notice). The 2015 amendments may be found at https:// www.congress.gov/bill/114th-congress/house-bill/ 1295/text/pl. 36 See Applicability Notice, 80 FR at 46794–95. 37 See Petition, Volume I at Exhibit I–8. Act. Brazil has been designated as a developing country. 30 While the allegedly subsidized imports from Brazil do not individually meet the statutory negligibility threshold of four percent, Petitioners allege and provide supporting evidence that there is the potential that imports from Brazil will imminently exceed the negligibility threshold and, therefore, are not negligible for purposes of a threat determination. 31 Petitioners’ arguments regarding the potential for imports to imminently exceed the negligibility threshold are consistent with the statutory criterial for ‘‘negligibility in threat analysis’’ under section 771(24)(A)(iv) of the Act, which provides that imports shall not be treated as negligible if there is a potential that subject imports from a country will imminently exceed the statutory requirements for negligibility. Petitioners contend that the industry’s injured condition is illustrated by reduced market share; declines in production, capacity utilization, U.S. shipments, labor hours, and wages; underselling and price suppression or depression; deteriorating financial performance; and lost sales and revenues.32 We have assessed the allegations and supporting evidence regarding material injury, threat of material injury, and causation, and we have determined that these allegations are properly supported by adequate evidence and meet the statutory requirements for initiation.33 Initiation of CVD Investigation Section 702(b)(1) of the Act requires the Department to initiate a CVD investigation whenever an interested party files a CVD petition on behalf of an industry that (1) alleges the elements necessary for an imposition of a duty under section 701(a) of the Act and (2) is accompanied by information reasonably available to Petitioners supporting the allegations. Petitioners allege that producers/ exporters of CTL plate in Brazil, the PRC, and Korea benefit from countervailable subsidies bestowed by the governments of these countries, respectively. The Department examined the Petitions and finds that they comply with the requirements of section 702(b)(1) of the Act. Therefore, in accordance with section 702(b)(1) of the Act, we are initiating CVD investigations to determine whether manufacturers, producers, and/or exporters of CTL plate from Brazil, the PRC, and Korea receive countervailable subsidies from the governments of these countries, respectively. On June 29, 2015, the President of the United States signed into law the Trade Preferences Extension Act of 2015, which made numerous amendments to the AD and CVD law.34 The 2015 law does not specify dates of application for those amendments. On August 6, 2015, the Department published an interpretative rule, in which it announced the applicability dates for each amendment to the Act, except for amendments contained in section 771(7) of the Act, which relate to determinations of material injury by the ITC. 35 The amendments to sections 776 and 782 of the Act are applicable to all determinations made on or after August 6, 2015, and, therefore, apply to these CVD investigations. 36 Brazil Based on our review of the petition, we find that there is sufficient information to initiate a CVD investigation on 24 of the 25 alleged programs. For a full discussion of the basis for our decision to initiate or not initiate on each program, see the Brazil CVD Initiation Checklist. The PRC Based on our review of the petition, we find that there is sufficient information to initiate a CVD investigation on 43 of the 44 alleged programs. For a full discussion of the basis for our decision to initiate or not initiate on each program, see the PRC CVD Initiation Checklist. Korea Based on our review of the petition, out of the 42 alleged programs, we find that there is sufficient information to initiate a CVD investigation on 39 programs and to partially initiate an investigation regarding one program. For a full discussion of the basis for our decision to initiate or not initiate on each program, see the Korea CVD Initiation Checklist. A public version of the initiation checklist for each investigation is available on ACCESS. In accordance with section 703(b)(1) of the Act and 19 CFR 351.205(b)(1), unless postponed, we will make our preliminary determination no later than 65 days after the date of this initiation. Respondent Selection Petitioners named three companies as producers/exporters of CTL plate in Brazil, 56 in the PRC, and 21 in Korea.37 In the event the Department determines the number of companies subject to each investigation is large, the Department intends to follow its standard practice in CVD investigations, and, where appropriate, select respondents based on U.S. Customs and Border Protection (CBP) data for U.S. imports of CTL plate during the POI under the appropriate Harmonized Tariff Schedule of the United States numbers. We intend to release CBP data under Administrative Protective Order (APO) to all parties with access to information protected by APO within five business days of publication of this Federal Register notice. Comments regarding the CBP data and respondent selection should be submitted seven calendar days after the placement of the CBP data on the record of this investigation. Parties wishing to submit rebuttal comments should submit those comments five calendar days after the deadline for initial comments. Comments must be filed electronically using ACCESS. An electronically-filed document must be received successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on the date noted above. We intend to make our decision regarding respondent selection within 20 days of publication of this notice. Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305(b). Instructions for filing such applications may be found on the Department’s Web site at http:// enforcement.trade.gov/apo. Distribution of Copies of the Petition In accordance with section 702(b)(4)(A)(i) of the Act and 19 CFR 351.202(f), a copy of the public version of the Petition has been provided to the VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27102 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 38 See section 703(a)(2) of the Act. 39 See section 703(a)(1) of the Act. 40 See section 782(b) of the Act. 41 See Certification of Factual Information To Import Administration During Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) (‘‘Final Rule’’); see also frequently asked questions regarding the Final Rule, available at http://enforcement.trade.gov/tlei/notices/factual_ info_final_rule_FAQ_07172013.pdf. GOB, GOC and GOK via ACCESS. To the extent practicable, we will attempt to provide a copy of the public version of the Petitions to each known exporter (as named in the Petitions), consistent with 19 CFR 351.203(c)(2). ITC Notification We will notify the ITC of our initiation, as required by section 702(d) of the Act. Preliminary Determinations by the ITC The ITC will preliminarily determine, within 45 days after the date on which the Petition was filed, whether there is a reasonable indication that imports of CTL plate from Brazil, the PRC, and Korea are materially injuring, or threatening material injury to, a U.S. industry. 38 A negative ITC determination will result in the investigation being terminated.39 Otherwise, this investigation will proceed according to statutory and regulatory time limits. Submission of Factual Information Factual information is defined in 19 CFR 351.102(b)(21) as: (i) Evidence submitted in response to questionnaires; (ii) evidence submitted in support of allegations; (iii) publicly available information to value factors under 19 CFR 351.408(c) or to measure the adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence placed on the record by the Department; and (v) evidence other than factual information described in (i)–(iv). 19 CFR 351.301(b) requires any party, when submitting factual information, to specify under which subsection of 19 CFR 351.102(b)(21) the information is being submitted and, if the information is submitted to rebut, clarify, or correct factual information already on the record, to provide an explanation identifying the information already on the record that the factual information seeks to rebut, clarify, or correct. Time limits for the submission of factual information are addressed in 19 CFR 351.301, which provides specific time limits based on the type of factual information being submitted. Parties should review the regulations prior to submitting factual information in this investigation. Extension of Time Limits Regulation Parties may request an extension of time limits before the expiration of a time limit established under 19 CFR 351.301, or as otherwise specified by the Secretary. In general, an extension request will be considered untimely if it is filed after the expiration of the time limit established under 19 CFR 351.301 expires. For submissions that are due from multiple parties simultaneously, an extension request will be considered untimely if it is filed after 10:00 a.m. on the due date. Under certain circumstances, we may elect to specify a different time limit by which extension requests will be considered untimely for submissions which are due from multiple parties simultaneously. In such a case, we will inform parties in the letter or memorandum setting forth the deadline (including a specified time) by which extension requests must be filed to be considered timely. An extension request must be made in a separate, stand-alone submission; under limited circumstances we will grant untimely-filed requests for the extension of time limits. Review Extension of Time Limits; Final Rule, 78 FR 57790 (September 20, 2013), available at http://www.gpo.gov/fdsys/pkg/FR-2013- 09-20/html/2013-22853.htm, prior to submitting factual information in this investigation. Certification Requirements Any party submitting factual information in an AD or CVD proceeding must certify to the accuracy and completeness of that information.40 Parties are hereby reminded that revised certification requirements are in effect for company/government officials, as well as their representatives. Investigations initiated on the basis of petitions filed on or after August 16, 2013, and other segments of any AD or CVD proceedings initiated on or after August 16, 2013, should use the formats for the revised certifications provided at the end of the Final Rule.41 The Department intends to reject factual submissions if the submitting party does not comply with the applicable revised certification requirements. Notification to Interested Parties Interested parties must submit applications for disclosure under APO in accordance with 19 CFR 351.305. On January 22, 2008, the Department published Antidumping and Countervailing Duty Proceedings: Documents Submission Procedures; APO Procedures, 73 FR 3634 (January 22, 2008). Parties wishing to participate in this investigation should ensure that they meet the requirements of these procedures (e.g., the filing of letters of appearance as discussed at 19 CFR 351.103(d)). This notice is issued and published pursuant to sections 702 and 777(i) of the Act. Dated: April 28, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigations The products covered by these investigations 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 (e.g., orders on hot-rolled flat-rolled steel); 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 these investigations 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 VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27103Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices 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 investigations 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 these investigations 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 these investigations: (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; (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. At the time of the filing of the petition, there was an existing antidumping duty order on certain cut-to-length carbon-quality steel plate products from Korea. See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cut-To-Length Carbon- Quality Steel Plate Products from Korea, 64 FR 73,196 (Dep’t Commerce Dec. 29, 1999), as amended, 65 FR 6,585 (Dep’t Commerce Feb 10, 2000) (1999 Korea AD Order). The scope of the antidumping duty investigation with regard to cut-to-length plate from Korea covers only (1) subject cut-to-length plate not within the physical description of cut-to- length carbon quality steel plate in the 1999 Korea AD Order, regardless of producer or exporter; and (2) cut-to-length plate produced and/or exported by those companies that were excluded or revoked from the 1999 Korea AD Order as of April 8, 2016. The only revoked or excluded company is Pohang Iron and Steel Company, also known as POSCO. At the time of the filing of the petition, there was an existing countervailing duty order on certain cut-to-length carbon-quality steel plate from Korea. See Final Affirmative Countervailing Duty Determination: Certain Cut-to-Length Carbon-Quality Steel Plate From the Republic of Korea, 64 FR 73,176 (Dep’t Commerce Dec. 29, 1999), as amended, 65 FR 6,587 (Dep’t Commerce Feb. 10, 2000) (1999 Korea CVD Order). The scope of the countervailing duty investigation with regard to cut-to-length plate from Korea covers only (1) subject cut-to-length plate not within the physical description of cut-to-length carbon quality steel plate in the 1999 Korea CVD Order regardless of producer or exporter, and (2) cut-to-length plate produced and/or exported by those companies that were excluded or revoked from the 1999 Korea VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES 27104 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Notices CVD Order as of April 8, 2016. The only revoked or excluded company is Pohang Iron and Steel Company, also known as POSCO. Excluded from the scope of the antidumping duty investigation on cut-to- length plate from China are any products covered by the existing antidumping duty order on certain cut-to-length carbon steel plate from the People’s Republic of China. See Suspension Agreement on Certain Cut-to- Length Carbon Steel Plate From the People’s Republic of China; Termination of Suspension Agreement and Notice of Antidumping Duty Order, 68 FR 60,081 (Dep’t Commerce Oct. 21, 2003), as amended, Affirmative Final Determination of Circumvention of the Antidumping Duty Order on Certain Cut-to-Length Carbon Steel Plate From the People’s Republic of China, 76 FR 50,996, 50,996–97 (Dep’t of Commerce Aug. 17, 2011). On August 17, 2011, the U.S. Department of Commerce found that the order covered all imports of certain cut-to- length carbon steel plate products with 0.0008 percent or more boron, by weight, from China not meeting all of the following requirements: aluminum level of 0.02 percent or greater, by weight; a ratio of 3.4 to 1 or greater, by weight, of titanium to nitrogen; and a hardenability test (i.e., Jominy test) result indicating a boron factor of 1.8 or greater. The products subject to the investigations 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 investigations 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, 7214.10.000, 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, 7206.11.1000, 7226.11.9060, 7229.19.1000, 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 investigations is dispositive. [FR Doc. 2016–10631 Filed 5–4–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration (NOAA) Marine Protected Areas Federal Advisory Committee; Public Meeting AGENCY : Office of National Marine Sanctuaries (ONMS), National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). ACTION : Notice of open meeting. SUMMARY : Notice is hereby given of a meeting of the Marine Protected Areas Federal Advisory Committee (Committee) in Winter Harbor, Maine. DATES : The meeting will be held Tuesday, May 24, 2016, from 9:00 a.m. to 5:00 p.m.; Wednesday, May 25, 2016, from 8:30 a.m. to 5:00 p.m.; and Thursday, May 26, 2016, from 8:30 a.m. to 5:00 p.m. These times and the agenda topics described below are subject to change. Refer to the Web page listed below for the most up-to-date meeting agenda. ADDRESSES : The meeting will be held at the Schoodic Institute at Acadia National Park, Schoodic Point, 9 Atterbury Circle, Winter Harbor, Maine 04693. FOR FURTHER INFORMATION CONTACT: Lauren Wenzel, Designated Federal Officer, MPA FAC, National Marine Protected Areas Center, 1305 East West Highway, Silver Spring, Maryland 20910. (Phone: 301–713–7265, Fax: 301–713–3110); email: lauren.wenzel@ noaa.gov; or visit the National MPA Center Web site at http:// marineprotectedareas.noaa.gov/. SUPPLEMENTARY INFORMATION : The Committee, composed of external, knowledgeable representatives of stakeholder groups, was established by the Department of Commerce (DOC) to provide advice to the Secretaries of Commerce and the Interior on implementation of Section 4 of Executive Order 13158, on marine protected areas (MPAs). The meeting is open to the public, and public comment will be accepted from 4:30 p.m. to 5:00 p.m. on Tuesday, May 24, 2016. In general, each individual or group will be limited to a total time of five (5) minutes. If members of the public wish to submit written statements, they should be submitted to the Designated Federal Official by Friday, May 20, 2016. Matters To Be Considered: The focus of the Committee’s meeting will be to complete and act on Subcommittee and Working Group reports and recommendations related to ecological connectivity, external financing, and Arctic MPAs; provide an opportunity for public comment on MPA issues; and provide an opportunity for Committee input on potential future focus areas. The agenda is subject to change. The latest version will be posted at http:// marineprotectedareas.noaa.gov/. Dated: April 28, 2016. John A. Armor, Acting Director, Office of National Marine Sanctuaries, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 2016–10532 Filed 5–4–16; 8:45 am] BILLING CODE 3510–NK–P BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No: CFPB–2016–0019] Privacy Act of 1974, as Amended AGENCY : Bureau of Consumer Financial Protection. ACTION : Notice of a Revised Privacy Act System of Records. SUMMARY : In accordance with the Privacy Act of 1974, as amended, the Bureau of Consumer Financial Protection, hereinto referred to as the Consumer Financial Protection Bureau (CFPB or Bureau), gives notice of the establishment of a revised Privacy Act System of Records. DATES : Comments must be received no later than June 6, 2016. The new system of records will be effective June 14, 2016, unless the comments received result in a contrary determination. ADDRESSES : You may submit comments, identified by the title and docket number (see above), by any of the following methods: • Electronic: privacy@cfpb.gov or http://www.regulations.gov. Follow the instructions for submitting comments. • Mail: Claire Stapleton, Chief Privacy Officer, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552. • Hand Delivery/Courier: Claire Stapleton, Chief Privacy Officer, Consumer Financial Protection Bureau, 1275 First Street NE., Washington, DC 20002. Comments will be available for public inspection and copying at 1275 First Street NE., Washington, DC 20002 on official business days between the hours of 10 a.m. and 5 p.m. Eastern Time. You can make an appointment to inspect comments by telephoning (202) 435– 7220. All comments, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. You should submit only information that you wish to make available publicly. Sensitive personal information, such as account numbers or social security numbers, should not be included. FOR FURTHER INFORMATION CONTACT: Claire Stapleton, Chief Privacy Officer, VerDate Sep<11>2014 18:06 May 04, 2016 Jkt 238001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\05MYN1.SGM 05MYN1 mstockstill on DSK3G9T082PROD with NOTICES