Certain Hot-Rolled Steel Flat Products of Brazil: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order, 750-751 [2022-00020]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 87, Number 4 (Thursday, January 6, 2022)]
[Notices]
[Pages 750-751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00020]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-846]


Certain Hot-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 
order (CVD) on certain hot-rolled steel flat products (HRS) 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 6, 2022.

FOR FURTHER INFORMATION CONTACT: Macey Mayes, 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) 482-4473.

SUPPLEMENTARY INFORMATION:

Background

    On October 3, 2016, Commerce published in Federal Register a notice 
of the CVD order on HRS from Brazil.\1\ On September 1, 2021, Commerce 
published the notice of initiation of the first 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\ 
The domestic interested parties each claimed interested party status 
under section 771(9)(C) of the Act as manufacturers or producers of the 
domestic like product.\4\
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    \1\ See Certain Hot-Rolled Steel Flat Products from Brazil and 
the Republic of Korea: Amended Final Affirmative Countervailing Duty 
Determinations and Countervailing Duty Orders, 81 FR 67960 (October 
3, 2016) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 48983 
(September 1, 2021) (Initiation Notice).
    \3\ See Cleveland-Cliffs Inc.'s Letter, ``Notice of Intent to 
Participate in Sunset Review,'' dated September 16, 2021; Nucor 
Corporation's Letter, ``Notice of Intent to Participate in Sunset 
Review,'' dated September 16, 2021; United States Steel 
Corporation's Letter, ``Notice of Intent to Participate,'' dated 
September 16, 2021; Steel Dynamic Inc.'s Letter, ``Notice of Intent 
to Participate,'' dated September 16, 2021.
    \4\ Id.
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    On September 30, 2021, Commerce received an adequate substantive 
response to the Notice of Initiation 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 October 20, 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, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2).
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    \5\ See Domestic Interested Parties' Letter, ``Domestic 
Industry's Substantive Response to Notice of Initiation,'' dated 
September 30, 2021 (Domestic Interested Parties' Substantive 
Response).
    \6\ See GOB's Letter, ``Initial Comments,'' dated September 30, 
2021.
    \7\ See Commerce's Letter, ``Sunset Reviews Initiated on 
September 1, 2021,'' dated October 20, 2021.
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Scope of the Order

    The merchandise subject to the Order is certain hot-rolled, flat-
rolled steel products, with or without patterns in relief, and whether 
or not annealed, painted, varnished, or coated with plastics or other 
non-metallic substances. The merchandise subject to the Order is 
classifiable under the Harmonized Tariff Schedule of the United States 
(HTSUS) statistical categories 7208.10.1500, 7208.10.3000, 
7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030, 7208.26.0060, 
7208.27.0030, 7208.27.0060, 7208.36.0030,

[[Page 751]]

7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015, 7208.38.0030, 
7208.38.0090, 7208.39.0015, 7208.39.0030, 7208.39.0090, 7208.40.6030, 
7208.40.6060, 7208.53.0000, 7208.54.0000, 7208.90.0000, 7210.70.3000, 
7211.14.0030, 7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000, 
7211.19.4500, 7211.19.6000, 7211.19.7530, 7211.19.7560, 7211.19.7590, 
7225.11.0000, 7225.19.0000, 7225.30.3050, 7225.30.7000, 7225.40.7000, 
7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060, 7226.19.1000, 
7226.19.9000, 7226.91.5000, 7226.91.7000, and 7226.91.8000. Subject 
merchandise may also enter under subheadings 7210.90.9000, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.91.0015, 
7214.91.0060, 7214.91.0090, 7214.99.0060, 7214.99.0075, 7214.99.0090, 
7215.90.5000, 7226.99.0180, and 7228.60.6000. The HTSUS statistical 
categories and subheadings are provided for convenience and customs 
purposes only. The written description of the scope of the Order is 
dispositive.\8\
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    \8\ 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).
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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, we determine 
that revocation of the Order would be likely to lead to continuation or 
recurrence of countervailable subsidies at the following net 
countervailable subsidy rates:

------------------------------------------------------------------------
                                                              Net
                                                        countervailable
              Exporters or manufacturers                  subsidy rate
                                                           (percent)
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Companhia Siderurgica Nacional (CNS).................              11.30
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas)..              11.09
All Others...........................................              11.20
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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 the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing these final results and this 
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the 
Act and 19 CFR 351.218.

    Dated: December 29, 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 Subsidies
VII. Final Results of the Sunset Review
VIII. Recommendation

[FR Doc. 2022-00020 Filed 1-5-22; 8:45 am]
BILLING CODE 3510-DS-P