Stainless Steel Plate in Coils From South Africa: Final Results of the Expedited Fourth Five-Year Sunset Review of the Countervailing Duty Order, 16457-16458 [2022-06075]

Download as PDF Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5). Dated: March 14, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2022–06076 Filed 3–22–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–791–806] Stainless Steel Plate in Coils From South Africa: Final Results of the Expedited Fourth Five-Year Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on stainless steel plate in coils (SSPC) from South Africa would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Applicable March 23, 2022. FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4793. SUPPLEMENTARY INFORMATION: AGENCY: Background jspears on DSK121TN23PROD with NOTICES1 On May 11, 1999, Commerce published in the Federal Register a notice of the CVD order on SSPC from South Africa.1 On December 1, 2021, Commerce published the notice of initiation of the fourth sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On December 15, 2021, Commerce received notices of intent to participate from ATI Flat Rolled Products Holdings, LLC (ATI) and Outokumpu Stainless USA LLC (Outokumpu) (collectively, the domestic interested parties) within the deadline 1 See Notice of Amended Final Determinations: Stainless Steel Plate in Coils from Belgium and South Africa; and Notice of Countervailing Duty Orders: Stainless Steel Plate in Coils from Belgium, Italy and South Africa, 64 FR 25288 (May 11, 1999) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 86 FR 68220 (December 1, 2021). VerDate Sep<11>2014 20:07 Mar 22, 2022 Jkt 256001 specified in 19 CFR 351.218(d)(1)(i).3 The domestic interested parties claimed interested party status within the meaning of section 771(9)(C) of the Act and 19 CFR 351.102(b)(29)(v) as domestic producers of SSPC in the United States. On January 3, 2022, Commerce received an adequate substantive response from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).4 Commerce did not receive a substantive response from either the Government of South Africa or a respondent interested party to this proceeding. On January 20, 2022, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 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)(B)(2) and (C)(2). Scope of the Order The merchandise subject to the Order is certain stainless steel plate in coils. Stainless steel is an alloy steel containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. The subject plate products are flat-rolled products, 254 mm or over in width and 4.75 mm or more in thickness, in coils, and annealed or otherwise heat treated and pickled or otherwise descaled. The subject plate may also be further processed (e.g., cold-rolled, polished, etc.) provided that it maintains the specified dimensions of plate following such processing. Excluded from the scope of the Order are the following: (1) Plate not in coils, (2) plate that is not annealed or otherwise heat treated and pickled or otherwise descaled, (3) sheet and strip, and (4) flat bars. The merchandise subject to the Order is currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) at subheadings: 3 See ATI’s Letter, ‘‘Five-Year (Sunset) Review of the Countervailing Duty Order on Stainless Steel Plate in Coils from South Africa—Domestic Interested Party’s Notice of Intent to Participate,’’ dated December 15, 2021; see also Outokumpu’s Letter, ‘‘Five-Year (Sunset) Review of the Countervailing Duty Order on Stainless Steel Plate in Coils from South Africa—Outokumpu’s Notice of Intent to Participate,’’ dated December 15, 2021. 4 See Domestic Interested Parties’ Letter, ‘‘FiveYear (Sunset) Review of the Countervailing Duty Order on Stainless Steel Plate in Coils from South Africa—Domestic Interested Parties’ Substantive Response to Notice of Initiation,’’ dated January 3, 2022. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated On December 1, 2021,’’ dated January 20, 2022. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 16457 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and 7220.90.00.80. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to the Order is dispositive.6 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), which 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: 6 For a complete discussion of the scope, see Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Fourth Sunset Review of the Countervailing Duty Order on Stainless Steel Plate in Coils from South Africa,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\23MRN1.SGM 23MRN1 16458 Federal Register / Vol. 87, No. 56 / Wednesday, March 23, 2022 / Notices Subsidy rate (percent ad valorem Producer/exporter Columbus Stainless Steel Company (the operating division of the Columbus Joint Venture) .. All Others .................................... 3.95 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 the return or 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: March 16, 2022. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. 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 Likely to Prevail 3. Nature of the Subsidy VII. Final Results of the Sunset Review VIII. Recommendation. jspears on DSK121TN23PROD with NOTICES1 VerDate Sep<11>2014 20:07 Mar 22, 2022 Jkt 256001 [A–533–901] Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that organic soybean meal from India is being, or is likely to be, sold in the United States at less than fair value (LTFV). DATES: Applicable March 23, 2022. FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4261. SUPPLEMENTARY INFORMATION: AGENCY: Background On November 2, 2021, Commerce published the Preliminary Determination in this investigation.1 A summary of the 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.2 Period of Investigation The period of investigation is January 1, 2020, through December 31, 2020. Appendix BILLING CODE 3510–DS–P International Trade Administration Organic Soybean Meal From India: Final Affirmative Determination of 3.95 Sales at Less Than Fair Value Administrative Protective Order [FR Doc. 2022–06075 Filed 3–22–22; 8:45 am] DEPARTMENT OF COMMERCE Scope of the Investigation The product covered by this investigation is organic soybean meal from India. For a complete description of the scope of this investigation, see Appendix I. Scope Comments No interested party commented on the scope of the investigation as it appeared in the Preliminary Determination. Therefore, no changes were made to the scope of the investigation. 1 See Organic Soybean Meal from India: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures, 86 FR 60443 (November 2, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Memorandum, ‘‘Decision Memorandum for the Final Determination in the Less-Than-FairValue Investigation of Organic Soybean Meal from India,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Analysis of Comments Received All issues raised in the case briefs and rebuttal briefs submitted by interested parties in this proceeding are discussed in the Issues and Decision Memorandum. A list of the issues raised by parties and responded to by Commerce in the Issues and Decision Memorandum is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is available 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. Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Tariff Act of 1930, as amended (the Act).3 Changes Since the Preliminary Determination Based on our analysis of the comments received and additional information obtained since our preliminary findings, we made certain changes to the margin calculations for Bergwerff Organic India Private Limited (Bergwerff), the sole cooperative respondent in this investigation, after the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum. All-Others Rate Section 735(c)(5)(A) of the Act provides that the estimated weightedaverage dumping margin for all other producers and exporters not individually investigated shall be equal to the weighted average of the estimated weighted-average dumping margins established for individually investigated exporters and producers, excluding any margins that are zero or de minimis or any margins determined entirely under section 776 of the Act. Commerce 3 See Commerce’s Letter, ‘‘Organic Soybean Meal from India Antidumping Duty Investigation: Questionnaire in Lieu of Verification,’’ dated January 7, 2022; see also Bergwerff’s Letter, ‘‘Organic Soybean Meal from India: In Lieu of Onsite Verification Questionnaire Response,’’ dated January 19, 2022. E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16457-16458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06075]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-791-806]


Stainless Steel Plate in Coils From South Africa: Final Results 
of the Expedited Fourth Five-Year Sunset Review of the Countervailing 
Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the countervailing duty (CVD) order 
on stainless steel plate in coils (SSPC) from South Africa would be 
likely to lead to continuation or recurrence of countervailable 
subsidies at the levels indicated in the ``Final Results of Sunset 
Review'' section of this notice.

DATES: Applicable March 23, 2022.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4793.

SUPPLEMENTARY INFORMATION:

Background

    On May 11, 1999, Commerce published in the Federal Register a 
notice of the CVD order on SSPC from South Africa.\1\ On December 1, 
2021, Commerce published the notice of initiation of the fourth sunset 
review of the Order, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\2\ On December 15, 2021, Commerce received 
notices of intent to participate from ATI Flat Rolled Products 
Holdings, LLC (ATI) and Outokumpu Stainless USA LLC (Outokumpu) 
(collectively, the domestic interested parties) within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic interested 
parties claimed interested party status within the meaning of section 
771(9)(C) of the Act and 19 CFR 351.102(b)(29)(v) as domestic producers 
of SSPC in the United States.
---------------------------------------------------------------------------

    \1\ See Notice of Amended Final Determinations: Stainless Steel 
Plate in Coils from Belgium and South Africa; and Notice of 
Countervailing Duty Orders: Stainless Steel Plate in Coils from 
Belgium, Italy and South Africa, 64 FR 25288 (May 11, 1999) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 68220 
(December 1, 2021).
    \3\ See ATI's Letter, ``Five-Year (Sunset) Review of the 
Countervailing Duty Order on Stainless Steel Plate in Coils from 
South Africa--Domestic Interested Party's Notice of Intent to 
Participate,'' dated December 15, 2021; see also Outokumpu's Letter, 
``Five-Year (Sunset) Review of the Countervailing Duty Order on 
Stainless Steel Plate in Coils from South Africa--Outokumpu's Notice 
of Intent to Participate,'' dated December 15, 2021.
---------------------------------------------------------------------------

    On January 3, 2022, Commerce received an adequate substantive 
response from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i).\4\ Commerce did not 
receive a substantive response from either the Government of South 
Africa or a respondent interested party to this proceeding. On January 
20, 2022, Commerce notified the U.S. International Trade Commission 
that it did not receive an adequate substantive response from 
respondent interested parties.\5\ 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)(B)(2) and (C)(2).
---------------------------------------------------------------------------

    \4\ See Domestic Interested Parties' Letter, ``Five-Year 
(Sunset) Review of the Countervailing Duty Order on Stainless Steel 
Plate in Coils from South Africa--Domestic Interested Parties' 
Substantive Response to Notice of Initiation,'' dated January 3, 
2022.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated On 
December 1, 2021,'' dated January 20, 2022.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the Order is certain stainless steel 
plate in coils. Stainless steel is an alloy steel containing, by 
weight, 1.2 percent or less of carbon and 10.5 percent or more of 
chromium, with or without other elements. The subject plate products 
are flat-rolled products, 254 mm or over in width and 4.75 mm or more 
in thickness, in coils, and annealed or otherwise heat treated and 
pickled or otherwise descaled. The subject plate may also be further 
processed (e.g., cold-rolled, polished, etc.) provided that it 
maintains the specified dimensions of plate following such processing. 
Excluded from the scope of the Order are the following: (1) Plate not 
in coils, (2) plate that is not annealed or otherwise heat treated and 
pickled or otherwise descaled, (3) sheet and strip, and (4) flat bars.
    The merchandise subject to the Order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTSUS) at 
subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 
7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 
7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 
7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 
7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 
7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 
7220.90.00.15, 7220.90.00.60, and 7220.90.00.80.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise subject to 
the Order is dispositive.\6\
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    \6\ For a complete discussion of the scope, see Memorandum, 
``Issues and Decision Memorandum for the Final Results of the Fourth 
Sunset Review of the Countervailing Duty Order on Stainless Steel 
Plate in Coils from South Africa,'' dated concurrently with, and 
hereby 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), 
which 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:

[[Page 16458]]



------------------------------------------------------------------------
                                                                Subsidy
                                                                 rate
                      Producer/exporter                        (percent
                                                              ad valorem
------------------------------------------------------------------------
Columbus Stainless Steel Company (the operating division of         3.95
 the Columbus Joint Venture)................................
All Others..................................................        3.95
------------------------------------------------------------------------

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 the return or 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: March 16, 2022.
Lisa W. Wang,
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 Likely to Prevail
    3. Nature of the Subsidy
VII. Final Results of the Sunset Review
VIII. Recommendation.

[FR Doc. 2022-06075 Filed 3-22-22; 8:45 am]
BILLING CODE 3510-DS-P