Certain Corrosion-Resistant Steel Products From the People's Republic of China: Negative Final Determination of Circumvention Involving Guatemala, 41954-41955 [2020-15040]

Download as PDF 41954 Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices (O) This certification was completed at or prior to the date of entry summary. (P) I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature llllllllllllllll lllllllllllllllllllll NAME OF COMPANY OFFICIAL lllllllllllllllllllll TITLE lllllllllllllllllllll DATE jbell on DSKJLSW7X2PROD with NOTICES Appendix IV Exporter Certification Special Instructions: The party that made the sale to the United States should fill out the exporter certification. I hereby certify that: (A) My name is {COMPANY OFFICIAL’S NAME} and I am an official of {NAME OF COMPANY}, located at {ADDRESS}; (B) I have direct personal knowledge of the facts regarding the production and exportation of the corrosion resistant steel products identified below. ‘‘Direct personal knowledge’’ refers to facts the certifying party is expected to have in its own books and records. For example, an exporter should have direct personal knowledge of the producer’s identity and location. (C) The corrosion resistant steel products produced in Costa Rica and covered by this certification were not manufactured using hot-rolled steel and/or cold-rolled steel substrate produced in China. (D) This certification applies to the following sales to {NAME OF U.S. CUSTOMER}, located at {ADDRESS OF U.S. CUSTOMER}. (repeat this block as many times as necessary): Foreign Seller’s Invoice # to U.S. Customer: Foreign Seller’s Invoice to U.S. Customer Line item #: Producer Name: Producer’s Address: Producer’s Invoice # to Foreign Seller: (If the foreign seller and the producer are the same party, put NA here.) (E) The corrosion resistant steel products covered by this certification were shipped to {NAME OF U.S. PARTY TO WHOM MERCHANDISE WAS SHIPPED}, located at {U.S. ADDRESS TO WHICH MERCHANDISE WAS SHIPPED}. (F) I understand that {NAME OF EXPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification (i.e., documents maintained in the normal course of business, or documents obtained by the certifying party, for example, mill certificates, production records, invoices, etc.) for the later of: (1) A period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries. (G) I understand that {NAME OF EXPORTING COMPANY} must provide a copy of this Exporter Certification to the U.S. importer by the date of shipment; VerDate Sep<11>2014 20:25 Jul 10, 2020 Jkt 250001 (H) I understand that {NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (Commerce). (I) I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or Commerce. (J) I understand that failure to maintain the required certification, and/or failure to substantiate the claims made herein, and/or failure to allow CBP and/or Commerce to verify the claims made herein, may result in a de facto determination that all sales to which this certification applies are within the scope of the antidumping/countervailing duty order on corrosion resistant steel products from China. I understand that such finding will result in: (i) Suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met; and (ii) the requirement that the importer post applicable antidumping duty and/or countervailing duty cash deposits (as appropriate) equal to the rates as determined by Commerce; and (iii) the revocation of {NAME OF EXPORTING COMPANY}’s privilege to certify future exports of corrosion resistant steel products from Costa Rica as not manufactured using hot-rolled steel and/or cold-rolled steel substrate from China. (K) This certification was completed at or prior to the date of shipment. (L) I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government. Signature llllllllllllllll NAME OF COMPANY OFFICIAL lllllllllllllllllllll TITLE lllllllllllllllllllll DATE [FR Doc. 2020–15074 Filed 7–10–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–026, C–570–027] Certain Corrosion-Resistant Steel Products From the People’s Republic of China: Negative Final Determination of Circumvention Involving Guatemala Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that imports of certain corrosion-resistant steel products (CORE), completed in Guatemala using carbon hot-rolled steel (HRS) and/or cold-rolled steel (CRS) flat products manufactured in the People’s AGENCY: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Republic of China (China), are not circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on CORE from China at this time. DATES: Applicable July 13, 2020. FOR FURTHER INFORMATION CONTACT: Drew Jackson, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4406. SUPPLEMENTARY INFORMATION: Background On February 18, 2020, Commerce published in the Federal Register its preliminary determination 1 that imports of CORE completed in Guatemala are not circumventing the China CORE Orders at this time.2 A summary of events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.3 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and the electronic versions of the Issues and Decision Memorandum are identical in content. Scope of the Orders The products covered by these orders are certain flat-rolled steel products, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickel1 See Certain Corrosion-Resistant Steel Products from the People’s Republic of China: Negative Preliminary Determination of Circumvention Involving Guatemala, 85 FR 8840 (February 18, 2020) (Preliminary Determination) and accompanying Preliminary Decision Memorandum. 2 See Certain Corrosion-Resistant Steel Products from India, Italy, the People’s Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016); see also Certain CorrosionResistant Steel Products from India, Italy, Republic of Korea and the People’s Republic of China: Countervailing Duty Order, 81 FR 48387 (July 25, 2016) (collectively, China CORE Orders). 3 See Memorandum, ‘‘Issues and Decision Memorandum for the Anti-Circumvention Inquiries Involving Guatemala of the Antidumping and Countervailing Duty Orders on Certain CorrosionResistant Steel Products from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\13JYN1.SGM 13JYN1 Federal Register / Vol. 85, No. 134 / Monday, July 13, 2020 / Notices or iron-based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non-metallic substances in addition to the metallic coating. For a complete description of the scope of the orders, see the Issues and Decision Memorandum. Scope of the Anti-Circumvention Inquiries These anti-circumvention inquiries cover CORE completed in Guatemala from HRS and/or CRS substrate input manufactured in China and subsequently exported to the United States (merchandise subject to these inquiries). Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in these inquiries are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice at the Appendix. Based on our analysis of the comments received from interested parties and our findings at verification, we made no revisions to the Preliminary Determination. Final Negative Determination of Circumvention We determine that exports to the United States of CORE completed in Guatemala from HRS and/or CRS substrate manufactured in China are not circumventing the China CORE Orders at this time. Notification Regarding Administrative Protective Order This notice will serve as the only reminder to all parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/ destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. jbell on DSKJLSW7X2PROD with NOTICES Notification to Interested Parties This determination is issued and published in accordance with section 781(b) of the Tariff Act of 1930 (amended) and 19 CFR 351.225(f). Dated: July 6, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. Scope of the Anti-Circumvention Inquiries V. Changes Since the Preliminary Determination VI. Statutory Framework VII. Statutory Analysis VIII. Discussion of the Issues Comment 1: Whether Ternium Guatemala Consumed Chinese-Origin Steel During the POI Comment 2: Whether to Implement a Certification Regime IX. Recommendation [FR Doc. 2020–15040 Filed 7–10–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–580–881] Certain Cold Rolled Steel Flat Products From the Republic of Korea: Final Results of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that Hyundai Steel Company (Hyundai) and POSCO/ POSCO Daewoo Co., Ltd. (POSCO/ PDW), producers/exporters of certain cold rolled steel flat products (coldrolled steel) from the Republic of Korea (Korea), did not sell subject merchandise in the United States at prices below normal value during the period of review (POR) September 1, 2017 through August 31, 2018. DATES: Applicable July 13, 2020. FOR FURTHER INFORMATION CONTACT: Michael J. Heaney or Marc Castillo, AD/ CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4475 or (202) 482–0519, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On November 18, 2019, Commerce published the Preliminary Results of VerDate Sep<11>2014 20:25 Jul 10, 2020 Jkt 250001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 41955 this administrative review.1 For a history of events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.2 We invited interested parties to comment on the Preliminary Results. Between January 3, 2020 and January 13, 2020, Commerce received timely filed case briefs and rebuttal briefs from various interested parties. On March 12, 2020, we extended the deadline for the final results.3 On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days, thereby extending these final results until July 6, 2020.4 Commerce conducted this review in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act). Scope of the Order The product covered by the Order 5 is cold-rolled steel the Republic of Korea. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs filed by parties in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted with this notice. The issues are identified in the Appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// 1 See Certain Cold Rolled Steel Flat Products from the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2017– 2018, 84 FR 63607 (November 18, 2019) (Preliminary Results) and accompanying Preliminary Decision Memorandum (PDM). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2017– 2018 Administrative Review of the Antidumping Duty Order on Certain Cold-Rolled Steel Flat Products from the Republic of Korea,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 See Memorandum, ‘‘Certain Cold-Rolled Steel Flat Products from the Republic of Korea: Extension of Deadline for Final Results of Antidumping Duty Administrative Review,’’ dated March 12, 2020. 4 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 5 See Certain Cold Rolled Steel Flat Products from Brazil, India, the Republic of Korea, and the United Kingdom: Amended Final Affirmative Antidumping Determinations for Brazil and the United Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20, 2016) (Order). E:\FR\FM\13JYN1.SGM 13JYN1

Agencies

[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 41954-41955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15040]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-026, C-570-027]


Certain Corrosion-Resistant Steel Products From the People's 
Republic of China: Negative Final Determination of Circumvention 
Involving Guatemala

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that imports 
of certain corrosion-resistant steel products (CORE), completed in 
Guatemala using carbon hot-rolled steel (HRS) and/or cold-rolled steel 
(CRS) flat products manufactured in the People's Republic of China 
(China), are not circumventing the antidumping duty (AD) and 
countervailing duty (CVD) orders on CORE from China at this time.

DATES: Applicable July 13, 2020.

FOR FURTHER INFORMATION CONTACT: Drew Jackson, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4406.

SUPPLEMENTARY INFORMATION:

Background

    On February 18, 2020, Commerce published in the Federal Register 
its preliminary determination \1\ that imports of CORE completed in 
Guatemala are not circumventing the China CORE Orders at this time.\2\ 
A summary of events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\3\ The Issues and Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of 
the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \1\ See Certain Corrosion-Resistant Steel Products from the 
People's Republic of China: Negative Preliminary Determination of 
Circumvention Involving Guatemala, 85 FR 8840 (February 18, 2020) 
(Preliminary Determination) and accompanying Preliminary Decision 
Memorandum.
    \2\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016); see also Certain Corrosion-Resistant Steel Products from 
India, Italy, Republic of Korea and the People's Republic of China: 
Countervailing Duty Order, 81 FR 48387 (July 25, 2016) 
(collectively, China CORE Orders).
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Anti-Circumvention Inquiries Involving Guatemala of the Antidumping 
and Countervailing Duty Orders on Certain Corrosion-Resistant Steel 
Products from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Orders

    The products covered by these orders are certain flat-rolled steel 
products, either clad, plated, or coated with corrosion-resistant 
metals such as zinc, aluminum, or zinc-, aluminum-, nickel-

[[Page 41955]]

or iron-based alloys, whether or not corrugated or painted, varnished, 
laminated, or coated with plastics or other non-metallic substances in 
addition to the metallic coating. For a complete description of the 
scope of the orders, see the Issues and Decision Memorandum.

Scope of the Anti-Circumvention Inquiries

    These anti-circumvention inquiries cover CORE completed in 
Guatemala from HRS and/or CRS substrate input manufactured in China and 
subsequently exported to the United States (merchandise subject to 
these inquiries).

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
these inquiries are addressed in the Issues and Decision Memorandum. A 
list of the issues raised is attached to this notice at the Appendix.
    Based on our analysis of the comments received from interested 
parties and our findings at verification, we made no revisions to the 
Preliminary Determination.

Final Negative Determination of Circumvention

    We determine that exports to the United States of CORE completed in 
Guatemala from HRS and/or CRS substrate manufactured in China are not 
circumventing the China CORE Orders at this time.

Notification Regarding Administrative Protective Order

    This notice will serve as the only reminder to all parties subject 
to administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination is issued and published in accordance with 
section 781(b) of the Tariff Act of 1930 (amended) and 19 CFR 
351.225(f).

    Dated: July 6, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Scope of the Anti-Circumvention Inquiries
V. Changes Since the Preliminary Determination
VI. Statutory Framework
VII. Statutory Analysis
VIII. Discussion of the Issues
    Comment 1: Whether Ternium Guatemala Consumed Chinese-Origin 
Steel During the POI
    Comment 2: Whether to Implement a Certification Regime
IX. Recommendation

[FR Doc. 2020-15040 Filed 7-10-20; 8:45 am]
BILLING CODE 3510-DS-P