Corrosion-Resistant Steel Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 47714-47716 [2022-16727]
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47714
Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
and direct CBP to continue the
suspension of liquidation of entries of
products subject to the circumvention
inquiries that were already subject to
the suspension of liquidation under the
Orders. Should Commerce issue
preliminary or final circumvention
determinations, Commerce will follow
the suspension of liquidation rules
under 19 CFR 351.226(l)(2)–(4).
In accordance with 19 CFR 351.226(d)
and section 781(b) of the Act, Commerce
determines that the domestic interested
parties’ requests for these circumvention
inquiries satisfy the requirements of 19
CFR 351.226(c). Accordingly, Commerce
is notifying all interested parties of the
initiation of these circumvention
inquiries to determine whether certain
imports of CWP China, CWP Korea, pipe
and tube India, pipe and tube Taiwan,
CWP Taiwan, LWRPT China, LWRPT
Korea, and LWR tubing Taiwan,
completed in and exported from
Vietnam using HRS inputs
manufactured respectively in China,
Korea, India, or Taiwan, are
circumventing the Orders. In addition,
we have included a description of the
products that are the subject of these
inquiries, and an explanation of the
reasons for Commerce’s decision to
initiate these inquiries as provided
above and in the accompanying
Circumvention Initiation Memoranda.14
In accordance with 19 CFR
351.226(e)(2), Commerce intends to
issue its final circumvention
determination within 300 days from the
date of publication of the notice of
initiation of a circumvention inquiry in
the Federal Register.
This notice is published in
accordance with section 781(b) of the
Act and 19 CFR 351.226(d)(1)(ii).
Dated: July 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
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Appendix—List of Topics Discussed in
the Circumvention Initiation
Memoranda
I. Summary
II. Background
III. Scope of the Order
IV. Merchandise Subject to the
Circumvention Inquiry
V. Statutory and Regulatory Framework for
Circumvention Inquiry
VI. Statutory Analysis for the Circumvention
Inquiry
VII. Comments Opposing the Initiation of
Circumvention Initiation Memoranda.
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[FR Doc. 2022–16715 Filed 8–3–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–026]
Notification to Interested Parties
14 See
Circumvention Inquiry 15
VIII. Country-Wide Circumvention Inquiry
IX. Recommendation
Corrosion-Resistant Steel Products
From the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Metalco S.A. (Metalco),
the sole company subject to this
administrative review of the
antidumping duty (AD) order on
corrosion-resistant steel products
(CORE) from the People’s Republic of
China (China), is part of the China-wide
entity because it did not file a separate
rate application (SRA). The period of
review (POR) is July 1, 2020, through
June 30, 2021. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Gene H. Calvert, 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) 482–3586.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 25, 2016, Commerce
published the AD order on CORE from
China in the Federal Register.1 On July
1, 2021, Commerce published a notice
of opportunity to request an
15 As Commerce did not receive comments with
regard to the LWRPT allegations, this section is not
present in those initiation memoranda.
1 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) (Order). The Order was
subsequently modified to correct unintended errors
regarding the estimated weighted-average dumping
margins for China and the date that the extended
period of provisional measures expired. See Certain
Corrosion-Resistant Steel Products from India, Italy,
the People’s Republic of China, the Republic of
Korea, and Taiwan; Notice of Correction to the
Antidumping Duty Orders, 81 FR 58475 (August 25,
2016) (Corrected Order).
PO 00000
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administrative review of the Order
covering the POR.2 On September 7,
2021, in response to a timely request
from California Steel Industries,
Cleveland-Cliffs Inc., Nucor
Corporation, Steel Dynamics, Inc., and
United States Steel Corporation
(collectively, Domestic Interested
Parties),3 Commerce initiated an
administrative review of the Order with
respect to Metalco.4
On September 24, 2021, we placed on
the record U.S. Customs and Border
Protection (CBP) entry data under
administrative protective order (APO)
for all interested parties having APO
access.5 The deadline for Metalco to
submit a no-shipment certification or
SRA 6 was October 7, 2021.7 Metalco did
not submit a no-shipment certification
or an SRA.
Scope of the Order
The products covered by this order
are certain flat-rolled steel products,
either clad, plated, or coated with
corrosion-resistant metals such as zinc,
aluminum, or zinc-, aluminum-, nickelor 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. The
products covered include coils that have
a width of 12.7 mm or greater,
regardless of form of coil (e.g., in
successively superimposed layers,
spirally oscillating, etc.). The products
covered also include products not in
coils (e.g., in straight lengths) of a
thickness less than 4.75 mm and a
width that is 12.7 mm or greater and
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 86 FR 35065
(July 1, 2021).
3 See Domestic Interested Parties’ Letter,
‘‘Corrosion-Resistant Steel Products from the
People’s Republic of China: Request for
Administrative Review of Antidumping Duty
Order,’’ dated July 30, 2021.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034 (September 7, 2021) (Initiation Notice).
5 See Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on CorrosionResistant Steel Products from the People’s Republic
of China, 2020–2021: Release of U.S. Customs and
Border Protection (CBP) Data,’’ dated September 24,
2021.
6 Metalco currently does not have a separate rate
with respect to this AD order, and, therefore, was
not eligible to file a separate rate certification.
7 See Initiation Notice, 86 FR at 50034 (‘‘If a
producer or exporter named in this notice of
initiation had no exports, sales, or entries during
the period of review (POR), it must notify
Commerce within 30 days of publication of this
notice in the Federal Register. . . . Separate Rate
Applications are due to Commerce no later than 30
calendar days after publication of this Federal
Register notice.’’). Thirty calendar days after the
Initiation Notice published in the Federal Register
was October 7, 2021.
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
that measures at least 10 times the
thickness. The products covered also
include products not in coils (e.g., in
straight lengths) of a thickness of 4.75
mm or more and a width exceeding 150
mm and measuring at least twice the
thickness. The products described above
may be rectangular, square, circular, or
other shape and include products of
either rectangular or non-rectangular
cross-section where such cross-section
is achieved subsequent to the rolling
process, i.e., products which have been
‘‘worked after rolling’’ (e.g., products
which have been beveled or rounded at
the edges). For purposes of the width
and thickness requirements referenced
above:
(1) Where the nominal and actual
measurements vary, a product is within
the scope if application of either the
nominal or actual measurement would
place it within the scope based on the
definitions set forth above, and
(2) where the width and thickness
vary for a specific product (e.g., the
thickness of certain products with nonrectangular cross-section, the width of
certain products with non-rectangular
shape, etc.), the measurement at its
greatest width or thickness applies.
Steel products included in the scope
of this order are products in which: (1)
Iron predominates, by weight, over each
of the other contained elements; (2) the
carbon content is 2 percent or less, by
weight; and (3) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.00 percent of nickel, or
0.30 percent of tungsten (also called
wolfram), or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called
columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium
Unless specifically excluded,
products are included in this scope
regardless of levels of boron and
titanium.
For example, specifically included in
this scope are vacuum degassed, fully
stabilized (commonly referred to as
interstitial-free (IF)) steels and high
strength low alloy (HSLA) steels. IF
steels are recognized as low carbon
steels with micro-alloying levels of
elements such as titanium and/or
niobium added to stabilize carbon and
nitrogen elements. HSLA steels are
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recognized as steels with micro-alloying
levels of elements such as chromium,
copper, niobium, titanium, vanadium,
and molybdenum.
Furthermore, this scope also includes
Advanced High Strength Steels (AHSS)
and Ultra High Strength Steels (UHSS),
both of which are considered high
tensile strength and high elongation
steels.
Subject merchandise also includes
corrosion-resistant steel that has been
further processed in a third country,
including but not limited to annealing,
tempering, painting, varnishing,
trimming, cutting, punching and/or
slitting or any other processing that
would not otherwise remove the
merchandise from the scope of the order
if performed in the country of
manufacture of the in-scope corrosion
resistant steel.
All products that meet the written
physical description, and in which the
chemistry quantities do not exceed any
one of the noted element levels listed
above, are within the scope of this order
unless specifically excluded. The
following products are outside of and/
or specifically excluded from the scope
of this order:
Flat-rolled steel products either plated
or coated with tin, lead, chromium,
chromium oxides, both tin and lead
(‘‘terne plate’’), or both chromium and
chromium oxides (‘‘tin free steel’’),
whether or not painted, varnished or
coated with plastics or other nonmetallic substances in addition to the
metallic coating;
Clad products in straight lengths of
4.7625 mm or more in composite
thickness and of a width which exceeds
150 mm and measures at least twice the
thickness; and
Certain clad stainless flat-rolled
products, which are three-layered
corrosion-resistant flat-rolled steel
products less than 4.75 mm in
composite thickness that consist of a
flat-rolled steel product clad on both
sides with stainless steel in a 20
percent-60 percent-20 percent ratio.
The products subject to the order are
currently classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) under item numbers:
7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030,
7210.49.0091, 7210.49.0095,
7210.61.0000, 7210.69.0000,
7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.6000,
7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000,
7212.50.0000, and 7212.60.0000.
PO 00000
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47715
The products subject to the order may
also enter under the following HTSUS
item numbers: 7210.90.1000,
7215.90.1000, 7215.90.3000,
7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560,
7217.90.1000, 7217.90.5030,
7217.90.5060, 7217.90.5090,
7225.91.0000, 7225.92.0000,
7225.99.0090, 7226.99.0110,
7226.99.0130, 7226.99.0180,
7228.60.6000, 7228.60.8000, and
7229.90.1000.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description
of the scope of the order is dispositive.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(B) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.213.
Preliminary Results of Review
Metalco, the sole company subject to
this administrative review, did not file
a no-shipment certification or an SRA.
Thus, Commerce preliminarily
determines that Metalco has not
demonstrated its eligibility for separate
rate status. As such, Commerce also
preliminarily determines that Metalco is
part of the China-wide entity.
In addition, Commerce no longer
considers the non-market economy
(NME) entity as an exporter
conditionally subject to an AD
administrative review.8 Accordingly,
the NME entity will not be under review
unless Commerce specifically receives a
request for, or self-initiates, a review of
the NME entity. In this administrative
review, no party requested a review of
the China-wide entity and we have not
self-initiated a review of the China-wide
entity. Because no review of the Chinawide entity is being conducted, the
China-wide entity’s entries are not
subject to this review, and the rate
applicable to the NME entity is not
subject to change as a result of this
review. The China-wide entity rate is
199.43 percent.9
Public Comment
Interested parties are invited to
comment on these preliminary results
and may submit case briefs and/or
written comments, filed electronically
via Enforcement and Compliance’s
8 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Non-Market Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65970 (November 4, 2013).
9 See Order, unchanged in Corrected Order.
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Federal Register / Vol. 87, No. 149 / Thursday, August 4, 2022 / Notices
Antidumping Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS), within 30 days after
the date of publication of these
preliminary results of review.10
ACCESS is available to registered users
at https://access.trade.gov. Rebuttal
briefs, limited to issues raised in the
case briefs, must be filed within seven
days after the time limit for filing case
briefs.11 Parties who submit case or
rebuttal briefs in this proceeding are
requested to submit with each argument
a statement of the issue, a brief
summary of the argument, and a table of
authorities.12
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance within 30
days of the publication of this notice.13
Requests should contain: (1) the party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing to be
held.14 Commerce intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and CBP will assess, antidumping
duties on all appropriate entries covered
by this review.15 We intend to instruct
CBP to liquidate entries of subject
merchandise exported by Metalco at the
China-wide entity rate of 199.43
percent.16
Commerce intends to issue
assessment instructions to CBP no
10 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)1) and (2). Commerce
has temporarily modified certain of its requirements
for serving documents containing business
proprietary information until further notice. See
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
12 See 19 CFR 351.309(c) and (d); see also 19 CFR
351.303 (for general filing requirements).
13 See 19 CFR 351.310(c).
14 See 19 CFR 310(d).
15 See 19 CFR 351.212(b)(1).
16 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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11 See
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earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing
these preliminary results in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213(h) and 19
CFR 351.221(b)(4).
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[FR Doc. 2022–16727 Filed 8–3–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–878]
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of review, as
provided for by section 751(a)(2)(C) of
the Act: (1) for previously investigated
or reviewed Chinese and non-Chinese
exporters who are not under review in
this segment of the proceeding but who
have separate rates, the cash deposit rate
will continue to be the exporter-specific
rate published for the most recent
period; (2) for all Chinese exporters of
subject merchandise that have not been
found to be entitled to a separate rate,
the cash deposit rate will be the Chinawide rate of 199.43 percent; and (3) for
all non-Chinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter(s) that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
PO 00000
Dated: July 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Certain Corrosion-Resistant Steel
Products From the Republic of Korea:
Preliminary Results of Antidumping
Duty Administrative Review; 2020–
2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that certain corrosionresistant steel products (CORE) from the
Republic of Korea (Korea) were sold in
the United States at less than normal
value (NV) during the period of review
of July 1, 2020, through June 30, 2021.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Jaron Moore or William Horn, AD/CVD
Operations, Office VIII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3640 or (202) 482–4868,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce
published the antidumping duty (AD)
order on CORE from Korea.1 Commerce
initiated this administrative review on
September 7, 2021.2 This review covers
eight companies,3 of which we selected
1 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) (Order); and Certain
Corrosion-Resistant Steel Products from India, Italy,
the People’s Republic of China, the Republic of
Korea, and Taiwan: Notice of Correction to the
Antidumping Duty Orders, 81 FR 58475 (August 25,
2016).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 86 FR
50034, 50040 (September 7, 2021).
3 The eight companies are: Dongbu Incheon Steel
Co., Ltd., Dongbu Steel Co., Ltd., KG Dongbu Steel
Co., Ltd. (formerly Dongbu Steel Co., Ltd.), Dongkuk
Steel Mill Co., Ltd. (Dongkuk), Hyundai Steel
Company (Hyundai), POSCO, POSCO Coated &
Color Steel Co., Ltd., and POSCO International
Corporation (formerly, POSCO Daewoo
Corporation).
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Agencies
[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47714-47716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16727]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-026]
Corrosion-Resistant Steel Products From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Metalco S.A. (Metalco), the sole company subject to
this administrative review of the antidumping duty (AD) order on
corrosion-resistant steel products (CORE) from the People's Republic of
China (China), is part of the China-wide entity because it did not file
a separate rate application (SRA). The period of review (POR) is July
1, 2020, through June 30, 2021. We invite interested parties to comment
on these preliminary results.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce published the AD order on CORE from
China in the Federal Register.\1\ On July 1, 2021, Commerce published a
notice of opportunity to request an administrative review of the Order
covering the POR.\2\ On September 7, 2021, in response to a timely
request from California Steel Industries, Cleveland-Cliffs Inc., Nucor
Corporation, Steel Dynamics, Inc., and United States Steel Corporation
(collectively, Domestic Interested Parties),\3\ Commerce initiated an
administrative review of the Order with respect to Metalco.\4\
---------------------------------------------------------------------------
\1\ 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) (Order). The Order was subsequently modified to correct
unintended errors regarding the estimated weighted-average dumping
margins for China and the date that the extended period of
provisional measures expired. See Certain Corrosion-Resistant Steel
Products from India, Italy, the People's Republic of China, the
Republic of Korea, and Taiwan; Notice of Correction to the
Antidumping Duty Orders, 81 FR 58475 (August 25, 2016) (Corrected
Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 35065 (July 1, 2021).
\3\ See Domestic Interested Parties' Letter, ``Corrosion-
Resistant Steel Products from the People's Republic of China:
Request for Administrative Review of Antidumping Duty Order,'' dated
July 30, 2021.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation
Notice).
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On September 24, 2021, we placed on the record U.S. Customs and
Border Protection (CBP) entry data under administrative protective
order (APO) for all interested parties having APO access.\5\ The
deadline for Metalco to submit a no-shipment certification or SRA \6\
was October 7, 2021.\7\ Metalco did not submit a no-shipment
certification or an SRA.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Corrosion-Resistant Steel Products from the People's
Republic of China, 2020-2021: Release of U.S. Customs and Border
Protection (CBP) Data,'' dated September 24, 2021.
\6\ Metalco currently does not have a separate rate with respect
to this AD order, and, therefore, was not eligible to file a
separate rate certification.
\7\ See Initiation Notice, 86 FR at 50034 (``If a producer or
exporter named in this notice of initiation had no exports, sales,
or entries during the period of review (POR), it must notify
Commerce within 30 days of publication of this notice in the Federal
Register. . . . Separate Rate Applications are due to Commerce no
later than 30 calendar days after publication of this Federal
Register notice.''). Thirty calendar days after the Initiation
Notice published in the Federal Register was October 7, 2021.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are certain flat-rolled steel
products, either clad, plated, or coated with corrosion-resistant
metals such as zinc, aluminum, or zinc-, aluminum-, nickel- 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. The products covered include coils
that have a width of 12.7 mm or greater, regardless of form of coil
(e.g., in successively superimposed layers, spirally oscillating,
etc.). The products covered also include products not in coils (e.g.,
in straight lengths) of a thickness less than 4.75 mm and a width that
is 12.7 mm or greater and
[[Page 47715]]
that measures at least 10 times the thickness. The products covered
also include products not in coils (e.g., in straight lengths) of a
thickness of 4.75 mm or more and a width exceeding 150 mm and measuring
at least twice the thickness. The products described above may be
rectangular, square, circular, or other shape and include products of
either rectangular or non-rectangular cross-section where such cross-
section is achieved subsequent to the rolling process, i.e., products
which have been ``worked after rolling'' (e.g., products which have
been beveled or rounded at the edges). For purposes of the width and
thickness requirements referenced above:
(1) Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above, and
(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of this order are products in
which: (1) Iron predominates, by weight, over each of the other
contained elements; (2) the carbon content is 2 percent or less, by
weight; and (3) none of the elements listed below exceeds the quantity,
by weight, respectively indicated:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.00 percent of nickel, or
0.30 percent of tungsten (also called wolfram), or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
0.30 percent of zirconium
Unless specifically excluded, products are included in this scope
regardless of levels of boron and titanium.
For example, specifically included in this scope are vacuum
degassed, fully stabilized (commonly referred to as interstitial-free
(IF)) steels and high strength low alloy (HSLA) steels. IF steels are
recognized as low carbon steels with micro-alloying levels of elements
such as titanium and/or niobium added to stabilize carbon and nitrogen
elements. HSLA steels are recognized as steels with micro-alloying
levels of elements such as chromium, copper, niobium, titanium,
vanadium, and molybdenum.
Furthermore, this scope also includes Advanced High Strength Steels
(AHSS) and Ultra High Strength Steels (UHSS), both of which are
considered high tensile strength and high elongation steels.
Subject merchandise also includes corrosion-resistant steel that
has been further processed in a third country, including but not
limited to annealing, tempering, painting, varnishing, trimming,
cutting, punching and/or slitting or any other processing that would
not otherwise remove the merchandise from the scope of the order if
performed in the country of manufacture of the in-scope corrosion
resistant steel.
All products that meet the written physical description, and in
which the chemistry quantities do not exceed any one of the noted
element levels listed above, are within the scope of this order unless
specifically excluded. The following products are outside of and/or
specifically excluded from the scope of this order:
Flat-rolled steel products either plated or coated with tin, lead,
chromium, chromium oxides, both tin and lead (``terne plate''), or both
chromium and chromium oxides (``tin free steel''), whether or not
painted, varnished or coated with plastics or other non-metallic
substances in addition to the metallic coating;
Clad products in straight lengths of 4.7625 mm or more in composite
thickness and of a width which exceeds 150 mm and measures at least
twice the thickness; and
Certain clad stainless flat-rolled products, which are three-
layered corrosion-resistant flat-rolled steel products less than 4.75
mm in composite thickness that consist of a flat-rolled steel product
clad on both sides with stainless steel in a 20 percent-60 percent-20
percent ratio.
The products subject to the order are currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000,
7212.40.5000, 7212.50.0000, and 7212.60.0000.
The products subject to the order may also enter under the
following HTSUS item numbers: 7210.90.1000, 7215.90.1000, 7215.90.3000,
7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.91.0000, 7225.92.0000,
7225.99.0090, 7226.99.0110, 7226.99.0130, 7226.99.0180, 7228.60.6000,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
order is dispositive.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213.
Preliminary Results of Review
Metalco, the sole company subject to this administrative review,
did not file a no-shipment certification or an SRA. Thus, Commerce
preliminarily determines that Metalco has not demonstrated its
eligibility for separate rate status. As such, Commerce also
preliminarily determines that Metalco is part of the China-wide entity.
In addition, Commerce no longer considers the non-market economy
(NME) entity as an exporter conditionally subject to an AD
administrative review.\8\ Accordingly, the NME entity will not be under
review unless Commerce specifically receives a request for, or self-
initiates, a review of the NME entity. In this administrative review,
no party requested a review of the China-wide entity and we have not
self-initiated a review of the China-wide entity. Because no review of
the China-wide entity is being conducted, the China-wide entity's
entries are not subject to this review, and the rate applicable to the
NME entity is not subject to change as a result of this review. The
China-wide entity rate is 199.43 percent.\9\
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\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Non-Market Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\9\ See Order, unchanged in Corrected Order.
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Public Comment
Interested parties are invited to comment on these preliminary
results and may submit case briefs and/or written comments, filed
electronically via Enforcement and Compliance's
[[Page 47716]]
Antidumping Duty and Countervailing Duty Centralized Electronic Service
System (ACCESS), within 30 days after the date of publication of these
preliminary results of review.\10\ ACCESS is available to registered
users at https://access.trade.gov. Rebuttal briefs, limited to issues
raised in the case briefs, must be filed within seven days after the
time limit for filing case briefs.\11\ Parties who submit case or
rebuttal briefs in this proceeding are requested to submit with each
argument a statement of the issue, a brief summary of the argument, and
a table of authorities.\12\
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\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)1) and (2). Commerce has temporarily
modified certain of its requirements for serving documents
containing business proprietary information until further notice.
See Temporary Rule Modifying AD/CVD Service Requirements Due to
COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\12\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the
publication of this notice.\13\ Requests should contain: (1) the
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
and rebuttal briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing to be held.\14\
Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case briefs, within 120 days of publication of these
preliminary results in the Federal Register, unless extended, pursuant
to section 751(a)(3)(A) of the Act.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP will assess, antidumping duties on all appropriate
entries covered by this review.\15\ We intend to instruct CBP to
liquidate entries of subject merchandise exported by Metalco at the
China-wide entity rate of 199.43 percent.\16\
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\15\ See 19 CFR 351.212(b)(1).
\16\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of review, as provided for by section 751(a)(2)(C) of the
Act: (1) for previously investigated or reviewed Chinese and non-
Chinese exporters who are not under review in this segment of the
proceeding but who have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (2) for all Chinese exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be the China-wide rate of 199.43 percent; and (3) for all non-
Chinese exporters of subject merchandise which have not received their
own rate, the cash deposit rate will be the rate applicable to the
Chinese exporter(s) that supplied that non-Chinese exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h) and 19 CFR 351.221(b)(4).
Dated: July 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-16727 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P