50996 Federal Register / Vol. 76, No. 159 / Wednesday, August 17, 2011 / Notices 

2See Petitioners’ letter regarding, ‘‘Request for 

Extension of Preliminary Determination: Certain 

Steel Wheels from China,’’ dated August 5, 2011. 

1See Certain Cut-to-Length Carbon Steel Plate 

from the People’s Republic of China: Initiation of 

Antidumping Circumvention Inquiry, 75 FR 21241 

(April 23, 2010). 

2See Affirmative Preliminary 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 9749 (February 

22, 2011) (Preliminary Determination). 

International, Inc. (collectively, 

‘‘Petitioners’’), made a timely request, 

pursuant to section 733(c)(1) of the Act, 

for a postponement of the preliminary 

determination in order to provide 

additional time for the Department to 

collect and analyze information for the 

preliminary determination.2 Because 

there are no compelling reasons to deny 

the request, in accordance with section 

733(c)(1)(A) of the Act, the Department 

is postponing the deadline for the 

preliminary determination by 50 days. 

A postponement of 50 days from the 

current deadline of September 6, 2011, 

would result in a new deadline of 

October 26, 2011. The deadline for the 

final determination will continue to be 

75 days after the date of the preliminary 

determination, unless extended. 

This notice is issued and published 

pursuant to section 733(c)(2) of the Act 

and 19 CFR 351.205(f)(1). 

Dated: August 11, 2011. 

Paul Piquado, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–21004 Filed 8–16–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–849] 

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 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On April 23, 2010, the 

Department of Commerce (the 

Department) published in the Federal 

Register the initiation of an 

antidumping circumvention inquiry to 

determine if certain products were 

circumventing the antidumping duty 

order on certain cut-to-length carbon 

steel plate from the People’s Republic of 

China (PRC).1 That initiation indicated 

the merchandise subject to the inquiry 

was produced by Wuyang Iron and Steel 

Co., Ltd. (Wuyang), but also noted the 

Department intended ‘‘to address 

whether its circumvention ruling will 

apply to particular producers, exporters, 

and/or importers * * * or to all U.S. 

imports’’ of certain cut-to-length carbon 

steel plate from the PRC. Id. at 21242. 

On February 22, 2011, the Department 

published its notice of affirmative 

preliminary determination of 

circumvention in which it found that 

imports from the PRC of certain cut-tolength carbon steel plate products with 

0.0008 percent or more boron, by 

weight, regardless of the producer or 

exporter or importer of the merchandise, 

and otherwise meeting the description 

of in-scope merchandise, are within the 

class or kind of merchandise subject to 

the order on certain cut-to-length carbon 

steel plate from the PRC.2 We gave 

interested parties an opportunity to 

comment on the Preliminary 

Determination, and received briefs and 

rebuttal briefs from various parties. 

After evaluating the comments 

submitted by parties, we find no basis 

for altering the preliminary 

determination referenced above. 

Therefore, we continue to determine 

that imports of the aforementioned 

merchandise are circumventing the 

order on cut-to-length carbon steel plate 

from the PRC. 

FOR FURTHER INFORMATION CONTACT: 

Steve Bezirganian or Robert James, AD/ 

CVD Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–1131 or (202) 482– 

0649, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 22, 2011, the Department 

published its notice of affirmative 

preliminary determination of 

circumvention. See Preliminary 

Determination. The Department 

preliminarily determined that imports 

of certain cut-to-length plate (defined 

below) were circumventing the 

antidumping duty order on certain cutto-length carbon steel plate from the 

PRC. The Department also directed U.S. 

Customs and Border Protection (CBP) to 

suspend liquidation of entries of such 

merchandise and require case deposits 

on said entries. Id. at 9752. 

In accordance with 19 CFR 

351.225(f)(3), interested parties were 

invited to comment on the preliminary 

determination within 20 days of 

publication of the Preliminary 

Determination. Id. On March 14, 2011, 

Wuyang and one of the U.S. importers 

of its merchandise, Stemcor USA Inc. 

(Stemcor), submitted a joint case brief. 

On March 14, 2011, ArcelorMittal USA 

LLC (ArcelorMittal USA) and Nucor 

Corporation (Nucor), both U.S. 

producers, each submitted a case brief. 

On March 24, 2011, Wuyang and 

Stemcor submitted a joint rebuttal brief. 

On March 24, 2011, ArcelorMittal USA 

and Nucor each submitted a rebuttal 

brief. 

On March 14, 2011, Wuyang and 

Stemcor submitted a joint request for a 

hearing. On March 28, 2011, Wuyang 

and Stemcor withdrew their request for 

a hearing, and no hearing was held. 

Scope of the Order 

The product covered by the order is 

certain cut-to-length carbon steel plate 

from the People’s Republic of China. 

Included in this description is hotrolled iron and non-alloy steel 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, not in 

coils and without patterns in relief), of 

rectangular shape, neither clad, plated 

nor coated with metal, whether or not 

painted, varnished, or coated with 

plastics or other nonmetallic substances; 

and certain iron and non-alloy steel flatrolled products not in coils, of 

rectangular shape, hot-rolled, neither 

clad, plated, nor coated with metal, 

whether or not painted, varnished, or 

coated with plastics or other 

nonmetallic substances, 4.75 mm or 

more in thickness and of a width which 

exceeds 150 mm and measures at least 

twice the thickness. Included as subject 

merchandise in the order are flat-rolled 

products of nonrectangular cross-section 

where such cross-section is achieved 

subsequent to the rolling process (i.e., 

products which have been ‘‘worked 

after rolling’’)—for example, products 

which have been bevelled or rounded at 

the edges. This merchandise is 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, 7208.53.0000, 

7208.90.0000, 7210.70.3000, 

7210.90.9000, 7211.13.0000, 

7211.14.0030, 7211.14.0045, 

7211.90.0000, 7212.40.1000, 

7212.40.5000, 7212.50.0000. Although 

the HTSUS subheadings are provided 

for convenience and customs purposes, 

the written description of the scope of 

the order is dispositive. Specifically 

excluded from subject merchandise 


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Federal Register / Vol. 76, No. 159 / Wednesday, August 17, 2011 / Notices 50997 

within the scope of the order is grade X– 

70 steel plate. 

Merchandise Subject to the Minor 

Alterations Antidumping 

Circumvention Proceeding 

The merchandise subject to this 

antidumping circumvention inquiry 

(inquiry merchandise) consists of all 

merchandise produced by Wuyang 

containing 0.0008 percent or more 

boron, by weight, and otherwise 

meeting the requirements of the scope of 

the antidumping duty order as listed 

under the ‘‘Scope of the Order’’ section 

above, with the exception of 

merchandise 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. This merchandise is currently 

classified in the Harmonized Tariff 

Schedule of the United States (HTSUS) 

under item numbers 7225.40.3050, 

7225.99.0090, 7226.91.5000, and 

7226.99.0180. Although the HTSUS 

subheadings are provided for 

convenience and customs purposes, the 

written description of inquiry 

merchandise is dispositive. 

Affirmative Final Determination of 

Circumvention 

The Department conducted this 

circumvention inquiry in accordance 

with section 781(c) of the Tariff Act of 

1930, as amended (the Act), which deals 

with minor alterations of merchandise. 

The Department noted in the 

Preliminary Determination the criteria 

typically used by the Department to 

make determinations in such inquiries 

(i.e., the overall physical characteristics 

of the merchandise, the expectations of 

the ultimate users, the use of the 

merchandise, the channels of marketing 

and the cost of any modification relative 

to the total value of the imported 

products). See Preliminary 

Determination at 9750–51. The 

Department preliminarily determined 

that imports from the PRC of inquiry 

merchandise produced by Wuyang, 

regardless of exporter or importer, are 

within the class or kind of merchandise 

subject to the order on certain cut-tolength carbon steel plate from the PRC. 

The Department also preliminarily 

determined that its ruling should apply 

regardless of producer. In other words, 

all merchandise containing 0.0008 

percent or more boron and otherwise 

meeting the description of the scope of 

the order, and not meeting the three 

distinguishing characteristics listed in 

the ‘‘Merchandise Subject to the Minor 

Alterations Antidumping 

Circumvention Proceeding’’ section 

above (i.e., 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) are covered by the order. 

Wuyang and Stemcor, ArcelorMittal 

USA, and Nucor each submitted case 

briefs and rebuttal briefs. The 

Department has analyzed the comments 

in its accompanying issues and decision 

memorandum and in a separate final 

analysis memorandum. See ‘‘Issues and 

Decision Memorandum for the Final 

Results of the Circumvention Inquiry of 

the Antidumping Duty Order on Certain 

Cut-to-Length Carbon Steel Plate from 

the People’s Republic of China; Wuyang 

Iron and Steel Co., Ltd.’’ and ‘‘Final 

Analysis Memorandum for the 

Circumvention Inquiry of the 

Antidumping Duty Order on Certain 

Cut-to-Length Carbon Steel Plate from 

the People’s Republic of China; Wuyang 

Iron and Steel Co., Ltd.,’’ respectively. 

The Department continues to find that 

it is appropriate to consider all plate 

with at least 0.0008 percent boron 

content and otherwise meeting the 

description of the scope to be covered 

by the order, unless the merchandise 

also possesses the three distinguishing 

characteristics referenced above. As 

noted in the Preliminary Determination, 

this ruling, like those in some other 

circumvention rulings, may be applied 

regardless of the manufacturers, 

exporters, or importers involved, and 

the Department considers it to be 

appropriate here to apply it on a 

countrywide basis, given that multiple 

parties have been found to be 

circumventing the order using the same 

general approach (i.e., inclusion of 

small, inconsequential amounts of an 

alloying element in order to change the 

tariff classification from non-alloy to 

alloy steel). 

Continuation of Suspension of 

Liquidation 

In accordance with 19 CFR 

351.225(l)(3), we are directing CBP to 

continue to suspend liquidation of 

inquiry merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after April 23, 2010, 

the date of publication of our initiation 

of this inquiry. See Preliminary 

Determination at 9752; see also 19 CFR 

351.225(l)(2). We will also instruct CBP 

to continue to require a cash deposit of 

estimated duties at the applicable rates 

for each unliquidated entry of the 

product entered, or withdrawn from 

warehouse, for consumption on or after 

April 23, 2010, in accordance with 19 

CFR 351.225(l)(3). 

Notice to Parties 

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, 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 terms of an APO is a violation 

which is subject to sanction. 

This affirmative final circumvention 

determination is published in 

accordance with section 781(b) of the 

Act and 19 CFR 351.225. 

Dated: August 9, 2011. 

Paul Piquado, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–21006 Filed 8–16–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Application(s) for Duty-Free Entry of 

Scientific Instruments 

Pursuant to Section 6(c) of the 

Educational, Scientific and Cultural 

Materials Importation Act of 1966 (Pub. 

L. 89–651, as amended by Pub. L. 106– 

36; 80 Stat. 897; 15 CFR part 301), we 

invite comments on the question of 

whether instruments of equivalent 

scientific value, for the purposes for 

which the instruments shown below are 

intended to be used, are being 

manufactured in the United States. 

Comments must comply with 15 CFR 

301.5(a)(3) and (4) of the regulations and 

be postmarked on or before September 

6, 2011. Address written comments to 

Statutory Import Programs Staff, Room 

3720, U.S. Department of Commerce, 

Washington, DC 20230. Applications 

may be examined between 8:30 a.m. and 

5 p.m. at the U.S. Department of 

Commerce in Room 3720. 

Docket Number: 11–047. Applicant: 

Ohio State University, School of Earth 

Sciences, 275 Mendenhall Laboratory, 

125 South Oval Mall, Columbus, OH 

43210. Instrument: Electron Microscope. 

Manufacturer: FEI Company, Czech 

Republic. Intended Use: Several 

characteristics of the instrument which 

are required for the research include an 


Emcdonald on DSK2BSOYB1PROD with NOTICES