Certain Cold-Rolled Steel Flat Products of Brazil: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 77-78 [2021-28402]
Download as PDF
<![CDATA[
Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices
Filing Information
As a courtesy, we are making
information related to sunset
proceedings, including copies of the
pertinent statute and Commerce’s
regulations, Commerce’s schedule for
Sunset Reviews, a listing of past
revocations and continuations, and
current service lists, available to the
public on Commerce’s website at the
following address: https://enforcement.
trade.gov/sunset/. All submissions in
these Sunset Reviews must be filed in
accordance with Commerce’s
regulations regarding format,
translation, and service of documents.
These rules, including electronic filing
requirements via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
can be found at 19 CFR 351.303.
In accordance with section 782(b) of
the Act, any party submitting factual
information in an AD/CVD proceeding
must certify to the accuracy and
completeness of that information.
Parties must use the certification
formats provided in 19 CFR 351.303(g).
Commerce intends to reject factual
submissions if the submitting party does
not comply with applicable revised
certification requirements.
khammond on DSKJM1Z7X2PROD with NOTICES
Letters of Appearance and
Administrative Protective Orders
Pursuant to 19 CFR 351.103(d),
Commerce will maintain and make
available a public service list for these
proceedings. Parties wishing to
participate in any of these five-year
reviews must file letters of appearance
as discussed at 19 CFR 351.103(d). To
facilitate the timely preparation of the
public service list, it is requested that
those seeking recognition as interested
parties to a proceeding submit an entry
of appearance within 10 days of the
publication of the Notice of Initiation.
Because deadlines in Sunset Reviews
can be very short, we urge interested
parties who want access to proprietary
information under administrative
protective order (APO) to file an APO
application immediately following
publication in the Federal Register of
this notice of initiation. Commerce’s
regulations on submission of proprietary
information and eligibility to receive
access to business proprietary
information under APO can be found at
19 CFR 351.304–306. Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
VerDate Sep<11>2014
17:14 Dec 30, 2021
Jkt 256001
proprietary information, until further
notice.1
Information Required From Interested
Parties
Domestic interested parties, as
defined in section 771(9)(C), (D), (E), (F),
and (G) of the Act and 19 CFR
351.102(b), wishing to participate in a
Sunset Review must respond not later
than 15 days after the date of
publication in the Federal Register of
this notice of initiation by filing a notice
of intent to participate. The required
contents of the notice of intent to
participate are set forth at 19 CFR
351.218(d)(1)(ii). In accordance with
Commerce’s regulations, if we do not
receive a notice of intent to participate
from at least one domestic interested
party by the 15-day deadline, Commerce
will automatically revoke the order
without further review.2
If we receive an order-specific notice
of intent to participate from a domestic
interested party, Commerce’s
regulations provide that all parties
wishing to participate in a Sunset
Review must file complete substantive
responses not later than 30 days after
the date of publication in the Federal
Register of this notice of initiation. The
required contents of a substantive
response, on an order-specific basis, are
set forth at 19 CFR 351.218(d)(3). Note
that certain information requirements
differ for respondent and domestic
parties. Also, note that Commerce’s
information requirements are distinct
from the ITC ’s information
requirements. Consult Commerce’s
regulations for information regarding
Commerce’s conduct of Sunset Reviews.
Consult Commerce’s regulations at 19
CFR part 351 for definitions of terms
and for other general information
concerning antidumping and
countervailing duty proceedings at
Commerce.
This notice of initiation is being
published in accordance with section
751(c) of the Act and 19 CFR 351.218(c).
Dated: December 14, 2021.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2021–28405 Filed 12–30–21; 8:45 am]
BILLING CODE 3510–DS–P
1 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19, 85 FR 41363 (July
10, 2020).
2 See 19 CFR 351.218(d)(1)(iii).
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
77
DEPARTMENT OF COMMERCE
International Trade Administration
[C–351–844]
Certain Cold-Rolled Steel Flat Products
of Brazil: Final Results of the
Expedited First Sunset Review of the
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited
sunset review, the Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) order on certain cold-rolled steel
flat products (CRS) from Brazil would
be likely to lead to continuation or
recurrence of countervailable subsidies
at the levels as indicated in the ‘‘Final
Results of Sunset Review’’ section of
this notice.
DATES: Applicable January 3, 2022.
FOR FURTHER INFORMATION CONTACT: Alex
Wood or Steven Seifert, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–1959 or (202) 482–3350,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2016, Commerce
published in the Federal Register a
notice of the CVD order on CRS from
Brazil.1 On June 1, 2021, Commerce
published the notice of initiation of the
first five-year (sunset) review of the
Order, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the
Act).2 Commerce received notices of
intent to participate from ClevelandCliffs Inc., Nucor Corporation, Steel
Dynamics Inc., and United States Steel
Corporation (collectively, domestic
interested parties) within the deadline
specified in 19 CFR 351.218(d)(1)(i).3
1 See Certain Cold-Rolled Steel Flat Products from
Brazil, India, and the Republic of Korea: Amended
Final Affirmative Countervailing Duty
Determination and Countervailing Duty Order (the
Republic of Korea) and Countervailing Duty Orders
(Brazil and India), 81 FR 64436 (September 20,
2016) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 86
FR 29239 (June 1, 2021) (Initiation Notice).
3 See Cleveland-Cliffs Inc.’s Letter, ‘‘Notice of
Intent to Participate in Sunset Review,’’ dated June
14, 2021; Nucor Corporation’s Letter, ‘‘Notice of
Intent to Participate in Sunset Review,’’ dated June
16, 2021; United States Steel Corporation’s Letter,
‘‘Notice of Intent to Participate,’’ dated June 16,
2021; Steel Dynamic Inc.’s Letter, ‘‘Notice of Intent
to Participate,’’ dated June 16, 2021.
E:\FR\FM\03JAN1.SGM
03JAN1
78
Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Notices
The domestic interested parties claimed
interested party status under section
771(9)(C) of the Act as manufacturers or
producers of the domestic like product.4
On July 1, 2021, Commerce received
an adequate substantive response to the
Initiation Notice from the domestic
interested parties within the 30-day
deadline specified in 19 CFR
351.218(d)(3)(i).5 Commerce also
received a response from the
Government of Brazil (GOB).6 However,
we did not receive a substantive
response from any other interested party
in this proceeding. On July 22, 2021,
Commerce notified the U.S.
International Trade Commission that it
did not receive an adequate substantive
response from respondent interested
parties.7 As a result, Commerce
conducted an expedited (120-day)
sunset review of the Order. On
September 1, 2021, officials from
Commerce and the GOB met to discuss
certain procedural aspects of the
expedited sunset review on CRS from
Brazil.8
Scope of the Order
The products covered by this order
are certain cold-rolled (cold-reduced),
flat-rolled steel products, whether or not
annealed, painted, varnished, or coated
with plastics or other non-metallic
substances. The products subject to this
order are currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under item
numbers: 7209.15.0000, 7209.16.0030,
7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030,
7209.17.0060, 7209.17.0070,
7209.17.0091, 7209.18.1530,
7209.18.1560, 7209.18.2510,
7209.18.2520, 7209.18.2580,
7209.18.6020, 7209.18.6090,
7209.25.0000, 7209.26.0000,
7209.27.0000, 7209.28.0000,
7209.90.0000, 7210.70.3000,
7211.23.1500, 7211.23.2000,
7211.23.3000, 7211.23.4500,
khammond on DSKJM1Z7X2PROD with NOTICES
4 See
id.
5 See Domestic Interested Parties’ Letter,
‘‘Domestic Industry’s Substantive Response to
Notice of Initiation,’’ dated July 1, 2021.
6 See GOB’s Letter, ‘‘Initial Comments,’’ dated
August 31, 2021. The GOB initially filed its
comments on June 30, 2021, but we subsequently
requested that the GOB revise the bracketing of
certain information in its submission and refile it.
See Commerce’s Letter, ‘‘Five-Year (‘‘Sunset’’)
Review of Cold-Rolled Steel Flat Products from
Brazil: Rejection of Response to Notice of
Initiation,’’ dated August 25, 2021.
7 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on June 1, 2021,’’ dated July 22, 2021.
8 See Memorandum, ‘‘Meeting with Government
of Brazil,’’ dated September 7, 2021.
VerDate Sep<11>2014
17:14 Dec 30, 2021
Jkt 256001
7211.23.6030, 7211.23.6060,
7211.23.6090, 7211.29.2030,
7211.29.2090, 7211.29.4500,
7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000,
7212.40.5000, 7225.50.6000,
7225.50.8080, 7225.99.0090,
7226.92.5000, 7226.92.7050, and
7226.92.8050. The products subject to
this order may also enter under the
following HTSUS numbers:
7210.90.9000, 7212.50.0000,
7215.10.0010, 7215.10.0080,
7215.50.0016, 7215.50.0018,
7215.50.0020, 7215.50.0061,
7215.50.0063, 7215.50.0065,
7215.50.0090, 7215.90.5000,
7217.10.1000, 7217.10.2000,
7217.10.3000, 7217.10.7000,
7217.90.1000, 7217.90.5030,
7217.90.5060, 7217.90.5090,
7225.19.0000, 7226.19.1000,
7226.19.9000, 7226.99.0180,
7228.50.5015, 7228.50.5040,
7228.50.5070, 7228.60.8000, and
7229.90.1000. The HTSUS subheadings
above are provided for convenience and
U.S. Customs purposes only. The
written description of the scope of the
order is dispositive.9
Analysis of Comments Received
A complete discussion of all issues
raised in this sunset review, including
the likelihood of continuation or
recurrence of subsidization in the event
of revocation of the Order and the
countervailable subsidy rates likely to
prevail if the Order were to be revoked,
is provided in the Issues and Decision
Memorandum. A list of the topics
discussed in the Issues and Decision
Memorandum is attached as an
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
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and
752(b) of the Act, Commerce determines
9 For a complete description of the scope of the
Order, see Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the First
Sunset Review of the Countervailing Duty Order on
Certain Hot-Rolled Steel Flat Products from Brazil,’’
dated concurrently with, and herby adopted by, this
notice (Issues and Decision Memorandum).
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
that revocation of the Order would be
likely to lead to continuation or
recurrence of countervailable subsidies
at the following rates:
Manufacturer/producer/exporter
Net
countervailable
subsidy
(percent)
Companhia Siderurgica Nacional
(CSN) ...........................................
Usinas Siderurgicas de Minas
Gerais S.A. (Usiminas) ................
All Others ........................................
11.31
11.09
11.20
Administrative Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of return/destruction of APO materials
or conversion to judicial protective
order is hereby requested. Failure to
comply with the regulations and terms
of an APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing
these final results and notice in
accordance with sections 751(c), 752(b),
and 777(i)(1) of the Act.
Dated: December 27, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-Exclusive
Functions and Duties of the 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 Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of a Countervailable Subsidy
2. Net Countervailable Subsidy Rates
Likely to Prevail
3. Nature of the Subsidiesy
VII. Final Results of the Sunset Review
VIII. Recommendation
[FR Doc. 2021–28402 Filed 12–30–21; 8:45 am]
BILLING CODE 3510–DS–P
E:\FR\FM\03JAN1.SGM
03JAN1
]]>Agencies
[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 77-78]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28402]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-844]
Certain Cold-Rolled Steel Flat Products of Brazil: Final Results
of the Expedited First Sunset Review of the Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the Department of
Commerce (Commerce) finds that revocation of the countervailing duty
(CVD) order on certain cold-rolled steel flat products (CRS) from
Brazil would be likely to lead to continuation or recurrence of
countervailable subsidies at the levels as indicated in the ``Final
Results of Sunset Review'' section of this notice.
DATES: Applicable January 3, 2022.
FOR FURTHER INFORMATION CONTACT: Alex Wood or Steven Seifert, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1959 or (202) 482-3350,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2016, Commerce published in the Federal Register a
notice of the CVD order on CRS from Brazil.\1\ On June 1, 2021,
Commerce published the notice of initiation of the first five-year
(sunset) review of the Order, pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).\2\ Commerce received notices of
intent to participate from Cleveland-Cliffs Inc., Nucor Corporation,
Steel Dynamics Inc., and United States Steel Corporation (collectively,
domestic interested parties) within the deadline specified in 19 CFR
351.218(d)(1)(i).\3\
[[Page 78]]
The domestic interested parties claimed interested party status under
section 771(9)(C) of the Act as manufacturers or producers of the
domestic like product.\4\
---------------------------------------------------------------------------
\1\ See Certain Cold-Rolled Steel Flat Products from Brazil,
India, and the Republic of Korea: Amended Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order (the
Republic of Korea) and Countervailing Duty Orders (Brazil and
India), 81 FR 64436 (September 20, 2016) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 29239
(June 1, 2021) (Initiation Notice).
\3\ See Cleveland-Cliffs Inc.'s Letter, ``Notice of Intent to
Participate in Sunset Review,'' dated June 14, 2021; Nucor
Corporation's Letter, ``Notice of Intent to Participate in Sunset
Review,'' dated June 16, 2021; United States Steel Corporation's
Letter, ``Notice of Intent to Participate,'' dated June 16, 2021;
Steel Dynamic Inc.'s Letter, ``Notice of Intent to Participate,''
dated June 16, 2021.
\4\ See id.
---------------------------------------------------------------------------
On July 1, 2021, Commerce received an adequate substantive response
to the Initiation Notice from the domestic interested parties within
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce
also received a response from the Government of Brazil (GOB).\6\
However, we did not receive a substantive response from any other
interested party in this proceeding. On July 22, 2021, Commerce
notified the U.S. International Trade Commission that it did not
receive an adequate substantive response from respondent interested
parties.\7\ As a result, Commerce conducted an expedited (120-day)
sunset review of the Order. On September 1, 2021, officials from
Commerce and the GOB met to discuss certain procedural aspects of the
expedited sunset review on CRS from Brazil.\8\
---------------------------------------------------------------------------
\5\ See Domestic Interested Parties' Letter, ``Domestic
Industry's Substantive Response to Notice of Initiation,'' dated
July 1, 2021.
\6\ See GOB's Letter, ``Initial Comments,'' dated August 31,
2021. The GOB initially filed its comments on June 30, 2021, but we
subsequently requested that the GOB revise the bracketing of certain
information in its submission and refile it. See Commerce's Letter,
``Five-Year (``Sunset'') Review of Cold-Rolled Steel Flat Products
from Brazil: Rejection of Response to Notice of Initiation,'' dated
August 25, 2021.
\7\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1,
2021,'' dated July 22, 2021.
\8\ See Memorandum, ``Meeting with Government of Brazil,'' dated
September 7, 2021.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are certain cold-rolled (cold-
reduced), flat-rolled steel products, whether or not annealed, painted,
varnished, or coated with plastics or other non-metallic substances.
The products subject to this order are currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091,
7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580,
7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000,
7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000,
7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090,
7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080,
7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The
products subject to this order may also enter under the following HTSUS
numbers: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080,
7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063,
7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000,
7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180,
7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and
7229.90.1000. The HTSUS subheadings above are provided for convenience
and U.S. Customs purposes only. The written description of the scope of
the order is dispositive.\9\
---------------------------------------------------------------------------
\9\ For a complete description of the scope of the Order, see
Memorandum, ``Issues and Decision Memorandum for the Final Results
of the First Sunset Review of the Countervailing Duty Order on
Certain Hot-Rolled Steel Flat Products from Brazil,'' dated
concurrently with, and herby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
A complete discussion of all issues raised in this sunset review,
including the likelihood of continuation or recurrence of subsidization
in the event of revocation of the Order and the countervailable subsidy
rates likely to prevail if the Order were to be revoked, is provided in
the Issues and Decision Memorandum. A list of the topics discussed in
the Issues and Decision Memorandum is attached as an 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would be likely to lead to
continuation or recurrence of countervailable subsidies at the
following rates:
------------------------------------------------------------------------
Net
countervailable
Manufacturer/producer/exporter subsidy
(percent)
------------------------------------------------------------------------
Companhia Siderurgica Nacional (CSN)................... 11.31
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas).... 11.09
All Others............................................. 11.20
------------------------------------------------------------------------
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305, which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these final results and notice
in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act.
Dated: December 27, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the 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 Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Rates Likely to Prevail
3. Nature of the Subsidiesy
VII. Final Results of the Sunset Review
VIII. Recommendation
[FR Doc. 2021-28402 Filed 12-30-21; 8:45 am]
BILLING CODE 3510-DS-P
