Stainless Steel Sheet and Strip in Coils From the Republic of Korea: Final Results of Expedited Sunset Review of the Countervailing Duty Order, 74130-74132 [2022-26244]
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74130
Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Notices
characteristics) as the product at issue,
on a country-wide basis, regardless of
the producer, exporter, or importer of
those products, or on a companyspecific basis.
For further information on procedures
for filing information with Commerce
through ACCESS and participating in
scope inquiries, please refer to the
Filing Instructions section of the Scope
Ruling Application Guide, at https://
access.trade.gov/help/Scope_Ruling_
Guidance.pdf. Interested parties, apart
from the scope ruling applicant, who
wish to participate in a scope inquiry
and be added to the public service list
for that segment of the proceeding must
file an entry of appearance in
accordance with 19 CFR 351.103(d)(1)
and 19 CFR 351.225(n)(4). Interested
parties are advised to refer to the case
segment in ACCESS as well as 19 CFR
351.225(f) for further information on the
scope inquiry procedures, including the
timelines for the submission of
comments.
Please note that this notice of scope
ruling applications filed in AD and CVD
proceedings may be published before
any potential initiation, or after the
initiation, of a given scope inquiry
based on a scope ruling application
identified in this notice. Therefore,
please refer to the case segment on
ACCESS to determine whether a scope
ruling application has been accepted or
rejected and whether a scope inquiry
has been initiated.
Interested parties who wish to be
served scope ruling applications for a
particular AD or CVD order may file a
request to be included on the annual
inquiry service list during the
anniversary month of the publication of
the AD or CVD order in accordance with
19 CFR 351.225(n) and Commerce’s
procedures.9
Interested parties are invited to
comment on the completeness of this
monthly list of scope ruling applications
received by Commerce. Any comments
should be submitted to James Maeder,
Deputy Assistant Secretary for AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, via email to
CommerceCLU@trade.gov.
This notice of scope ruling
applications filed in AD and CVD
proceedings is published in accordance
with 19 CFR 351.225(d)(3).
9 See Scope Ruling Application; Annual Inquiry
Service List; and Informational Sessions, 86 FR
53205 (September 27, 2021).
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19:14 Dec 01, 2022
Jkt 259001
Dated: November 28, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2022–26243 Filed 12–1–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–580–835]
Stainless Steel Sheet and Strip in Coils
From the Republic of Korea: Final
Results of Expedited Sunset Review of
the Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) finds that
revocation of the countervailing duty
(CVD) order on stainless steel sheet and
strip in coils (sheet and strip) from the
Republic of Korea (Korea) would likely
lead to the continuation or recurrence of
a countervailable subsidy at the levels
indicated in the ‘‘Final Results of the
Sunset Review’’ section of this notice.
DATES: Applicable December 2, 2022.
FOR FURTHER INFORMATION CONTACT: John
Hoffner, 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) 482–3315.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 1, 2022, Commerce
initiated this fourth sunset review of the
CVD order 1 on sheet and strip from
Korea, pursuant to section 751(c) of the
Tariff Act of 1930, as amended (the
Act).2 This sunset review covers the
five-year period from 2017 to 2021.
Commerce received a notice of intent to
participate from Cleveland-Cliffs Inc.,
North American Stainless, and
Outokumpu Stainless USA LLC
(collectively, the domestic interested
parties), within the deadline specified
in 19 CFR 351.218(d)(1)(i). The
domestic interested parties claimed
interested party status under section
771(9)(C) of the Act as domestic
1 See Amended Final Determination: Stainless
Steel Sheet and Strip in Coils from the Republic of
Korea; and Notice of Countervailing Duty Orders:
Stainless Steel Sheet and Strip in Coils from France,
Italy, and the Republic of Korea, 64 FR 42923
(August 6, 1999) (Order).
2 See Initiation of Five-Year (Sunset) Reviews, 87
FR 53727 (September 1, 2022).
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producers of sheet and strip in the
United States.
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). However, Commerce
did not receive a substantive response
from any government or respondent
interested party to this proceeding.
On October 25, 2022, Commerce
notified the U.S. International Trade
Commission that it did not receive an
adequate substantive response from
respondent interested parties.3 As a
result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day)
sunset review of the Order.
Scope of the Order
The merchandise subject to the Order
consists of stainless steel sheet and strip
in coils from Korea. Stainless steel is
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
sheet and strip is a flat-rolled product in
coils that is greater than 9.5 mm in
width and less than 4.75 mm in
thickness, and that is annealed or
otherwise heat treated and pickled or
otherwise descaled. The subject sheet
and strip may also be further processed
(e.g., cold-rolled, polished, aluminized,
coated, etc.) provided that it maintains
the specific dimensions of sheet and
strip following such processing.
The merchandise subject to the Order
is classified in the Harmonized Tariff
Schedule of the United States (HTS) at
subheadings: 7219.13.00.30,
7219.13.00.50, 7219.13.00.70,
7219.13.00.80, 7219.14.00.30,
7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20,
7219.32.00.25, 7219.32.00.35,
7219.32.00.36, 7219.32.00.38,
7219.32.00.42, 7219.32.00.44,
7219.33.00.05, 7219.33.00.20,
7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38,
7219.33.00.42, 7219.33.00.44,
7219.34.00.05, 7219.34.00.20,
7219.34.00.25, 7219.34.00.30,
7219.34.00.35, 7219.35.00.05,
7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10,
7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80,
7220.12.10.00, 7220.12.50.00,
7220.20.10.10, 7220.20.10.15,
7220.20.10.60, 7220.20.10.80,
3 See Commerce’s Letter, ‘‘Sunset Reviews
Initiated on September 1, 2022,’’ dated October 25,
2022.
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Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Notices
7220.20.60.05, 7220.20.60.10,
7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.20.70.05,
7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80,
7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, and
7220.90.00.80.
Although the HTS subheadings are
provided for convenience and customs
purposes, Commerce’s written
description of the merchandise subject
to the Order is dispositive.
Excluded from the scope of the Order
are the following: (1) sheet and strip that
is not annealed or otherwise heat treated
and pickled or otherwise descaled, (2)
sheet and strip that is cut to length, (3)
plate (i.e., flat-rolled stainless steel
products of a thickness of 4.75 mm or
more), (4) flat wire (i.e., cold-rolled
sections, with a prepared edge,
rectangular in shape, of a width of not
more than 9.5 mm), and (5) razor blade
steel. Razor blade steel is a flat-rolled
product of stainless steel, not further
worked than cold-rolled (cold-reduced),
in coils, of a width of not more than 23
mm and a thickness of 0.266 mm or less,
containing, by weight, 12.5 to 14.5
percent chromium, and certified at the
time of entry to be used in the
manufacture of razor blades. See
Chapter 72 of the HTS, ‘‘Additional U.S.
Note’’ 1(d).
In response to comments by interested
parties, Commerce determined that
certain specialty stainless steel products
are also excluded from the scope of the
Order. These excluded products are
described below.
Flapper valve steel is defined as
stainless steel strip in coils containing,
by weight, between 0.37 and 0.43
percent carbon, between 1.15 and 1.35
percent molybdenum, and between 0.20
and 0.80 percent manganese. This steel
also contains, by weight, phosphorus of
0.025 percent or less, silicon of between
0.20 and 0.50 percent, and sulfur of
0.020 percent or less. The product is
manufactured by means of vacuum arc
remelting, with inclusion controls for
sulphide of no more than 0.04 percent
and for oxide of no more than 0.05
percent. Flapper valve steel has a tensile
strength of between 210 and 300 ksi,
yield strength of between 170 and 270
ksi, plus or minus 8 ksi, and a hardness
(Hv) of between 460 and 590. Flapper
valve steel is most commonly used to
produce specialty flapper valves in
compressors.
Also excluded is a product referred to
as suspension foil, a specialty steel
product used in the manufacture of
suspension assemblies for computer
disk drives. Suspension foil is described
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19:14 Dec 01, 2022
Jkt 259001
as 302/304 grade or 202 grade stainless
steel of a thickness between 14 and 127
microns, with a thickness tolerance of
plus-or-minus 2.01 microns, and surface
glossiness of 200 to 700 percent Gs.
Suspension foil must be supplied in coil
widths of not more than 407 mm, and
with a mass of 225 kg or less. Roll marks
may only be visible on one side, with
no scratches of measurable depth. The
material must exhibit residual stresses
of 2 mm maximum deflection, and
flatness of 1.6 mm over 685 mm length.
Certain stainless steel foil for
automotive catalytic converters is also
excluded from the scope of the Order.
This stainless steel strip in coils is a
specialty foil with a thickness of
between 20 and 110 microns used to
produce a metallic substrate with a
honeycomb structure for use in
automotive catalytic converters. The
steel contains, by weight, carbon of no
more than 0.030 percent, silicon of no
more than 1.0 percent, manganese of no
more than 1.0 percent, chromium of
between 19 and 22 percent, aluminum
of no less than 5.0 percent, phosphorus
of no more than 0.045 percent, sulfur of
no more than 0.03 percent, lanthanum
of less than 0.002 or greater than 0.05
percent, and total rare earth elements of
more than 0.06 percent, with the
balance iron.
Permanent magnet iron-chromiumcobalt alloy stainless strip is also
excluded from the scope of the Order.
This ductile stainless steel strip
contains, by weight, 26 to 30 percent
chromium, and 7 to 10 percent cobalt,
with the remainder of iron, in widths
228.6 mm or less, and a thickness
between 0.127 and 1.270 mm. It exhibits
magnetic remanence between 9,000 and
12,000 gauss, and a coercivity of
between 50 and 300 oersteds. This
product is most commonly used in
electronic sensors and is currently
available under proprietary trade names
such as ‘‘Arnokrome III.’’ 4
Certain electrical resistance alloy steel
is also excluded from the scope of the
Order. This product is defined as a nonmagnetic stainless steel manufactured to
American Society of Testing and
Materials (ASTM) specification B344
and containing, by weight, 36 percent
nickel, 18 percent chromium, and 46
percent iron, and is most notable for its
resistance to high temperature
corrosion. It has a melting point of 1390
degrees Celsius and displays a creep
rupture limit of 4 kilograms per square
millimeter at 1000 degrees Celsius. This
steel is most commonly used in the
production of heating ribbons for circuit
breakers and industrial furnaces, and in
rheostats for railway locomotives. The
product is currently available under
proprietary trade names such as ‘‘Gilphy
36.’’ 5
Certain martensitic precipitationhardenable stainless steel is also
excluded from the scope of the Order.
This high-strength, ductile stainless
steel product is designated under the
Unified Numbering System (UNS) as
S45500-grade steel, and contains, by
weight, 11 to 13 percent chromium, and
7 to 10 percent nickel. Carbon,
manganese, silicon and molybdenum
each comprise, by weight, 0.05 percent
or less, with phosphorus and sulfur
each comprising, by weight, 0.03
percent or less. This steel has copper,
niobium, and titanium added to achieve
aging, and will exhibit yield strengths as
high as 1700 Mpa and ultimate tensile
strengths as high as 1750 Mpa after
aging, with elongation percentages of 3
percent or less in 50 mm. It is generally
provided in thicknesses between 0.635
and 0.787 mm, and in widths of 25.4
mm. This product is most commonly
used in the manufacture of television
tubes and is currently available under
proprietary trade names such as
‘‘Durphynox 17.’’ 6
Finally, three specialty stainless steels
typically used in certain industrial
blades and surgical and medical
instruments are also excluded from the
scope of the Order. These include
stainless steel strip in coils used in the
production of textile cutting tools (e.g.,
carpet knives).7 This steel is similar to
AISI grade 420 but containing, by
weight, 0.5 to 0.7 percent of
molybdenum. The steel also contains,
by weight, carbon of between 1.0 and
1.1 percent, sulfur of 0.020 percent or
less, and includes between 0.20 and
0.30 percent copper and between 0.20
and 0.50 percent cobalt. This steel is
sold under proprietary names such as
‘‘GIN4 Mo.’’ The second excluded
stainless steel strip in coils is similar to
AISI 420–J2 and contains, by weight,
carbon of between 0.62 and 0.70
percent, silicon of between 0.20 and
0.50 percent, manganese of between
0.45 and 0.80 percent, phosphorus of no
more than 0.025 percent and sulfur of
no more than 0.020 percent. This steel
has a carbide density on average of 100
carbide particles per 100 square
microns. An example of this product is
‘‘GIN5’’ steel. The third specialty steel
has a chemical composition similar to
AISI 420 F, with carbon of between 0.37
5 ‘‘Gilphy
36’’ is a trademark of Imphy, S.A.
17’’ is a trademark of Imphy, S.A.
7 This list of uses is illustrative and provided for
descriptive purposes only.
6 ‘‘Durphynox
4 ‘‘Arnokrome III’’ is a trademark of the Arnold
Engineering Company.
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74131
E:\FR\FM\02DEN1.SGM
02DEN1
74132
Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Notices
and 0.43 percent, molybdenum of
between 1.15 and 1.35 percent, but
lower manganese of between 0.20 and
0.80 percent, phosphorus of no more
than 0.025 percent, silicon of between
0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product
is supplied with a hardness of more
than Hv 500 guaranteed after customer
processing, and is supplied as, for
example, ‘‘GIN6.’’ 8
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely 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 violation which is subject to
sanction.
Analysis of Comments Received
All issues raised in this sunset review
are addressed in the Issues and Decision
Memorandum, which is dated
concurrently with and adopted by this
notice.9 A list of topics discussed in the
Issues and Decision Memorandum is
included as an appendix to this notice.
Parties can find a complete discussion
of all issues raised in this expedited
sunset review and the corresponding
recommendations in this public
memorandum, which is on file
electronically via the Enforcement and
Compliance Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. A complete
version of the Issues and Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNotices/ListLayout.aspx.
Notification to Interested Parties
Final Results of the Sunset Review
Pursuant to sections 752(b)(1) and (3)
of the Act, we determine that revocation
of the Order on sheet and strip from
Korea would be likely to lead to
continuation or recurrence of a net
countervailable subsidy at the rates
listed below: 10
Producer/exporter
Subsidy rate
(percent ad
valorem)
0.54
0.67
4.64
0.63
lotter on DSK11XQN23PROD with NOTICES1
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
8 ‘‘GIN4 Mo,’’ ‘‘GIN5,’’ and ‘‘GIN6’’ are the
proprietary grades of Hitachi Metals America, Ltd.
9 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of Expedited
Sunset Review of the Countervailing Duty Order on
Stainless Steel Sheet and Strip in Coils from the
Republic of Korea,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
10 Id.
19:14 Dec 01, 2022
Dated: November 25, 2022.
Abdelali Elouaradia,
Deputy 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 Sunset Review
VIII. Recommendation
[FR Doc. 2022–26244 Filed 12–1–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[Application No. 84–33A12]
Export Trade Certificate of Review
INI/BNG (formerly Inchon
and now known as
Hyundai) ............................
DMC ......................................
Taihan ...................................
All Others ..............................
VerDate Sep<11>2014
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(e)(ii)(c)(2).
Jkt 259001
Notice of issuance of an
amended Export Trade Certificate of
Review to Northwest Fruit Exporters
(‘‘NFE’’), application no. 84–33A12.
ACTION:
The Secretary of Commerce,
through the Office of Trade and
Economic Analysis (‘‘OTEA’’), issued an
amended Export Trade Certificate of
Review (‘‘Certificate’’) to NFE on
November 14, 2022.
FOR FURTHER INFORMATION CONTACT:
Joseph Flynn, Director, OTEA,
International Trade Administration, by
telephone at (202) 482–5131 (this is not
a toll-free number) or email at etca@
trade.gov.
SUMMARY:
Title III of
the Export Trading Company Act of
SUPPLEMENTARY INFORMATION:
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Fmt 4703
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1982 (15 U.S.C. 4001–21) (‘‘the Act’’)
authorizes the Secretary of Commerce to
issue Export Trade Certificates of
Review. An Export Trade Certificate of
Review protects the holder and the
members identified in the Certificate
from State and Federal government
antitrust actions and from private treble
damage antitrust actions for the export
conduct specified in the Certificate and
carried out in compliance with its terms
and conditions. The regulations
implementing Title III are found at 15
CFR part 325. OTEA is issuing this
notice pursuant to 15 CFR 325.6(b),
which requires the Secretary of
Commerce to publish a summary of the
certification in the Federal Register.
Under Section 305(a) of the Act and 15
CFR 325.11(a), any person aggrieved by
the Secretary’s determination may,
within 30 days of the date of this notice,
bring an action in any appropriate
district court of the United States to set
aside the determination on the ground
that the determination is erroneous.
Description of Certified Content
NFE’s Certificate was amended as
follows:
1. Added the following companies as
new Members of the Certificate within
the meaning of section 325.2(l) of the
Regulations (15 CFR 325.2(l)) for the
following Export Product: fresh sweet
cherries:
• Chuy’s Cherries LLC, Mattawa, WA
• Columbia Fresh Packing LLC,
Kennewick, WA
• Lateral Roots Farm, LLC, Wapato, WA
2. Changed the names of the following
Members:
• Chelan Fruit Cooperative (Chelan,
WA) changed to Chelan Fruit (Chelan,
WA)
• Manson Growers Cooperative
(Manson, WA) changed to Manson
Growers (Manson, WA)
3. Changed the location of the
following Member:
• Stadelman Fruit, L.L.C. (MiltonFreewater, OR, and Zillah, WA)
changed to Stadelman Fruit, L.L.C.
(Milton-Freewater, OR, Hood River,
OR, and Zillah, WA)
4. Changed the Export Product
coverage for seven Members:
• Highland Fruit Growers, Inc. changed
Export Product coverage from fresh
apples to fresh apples and fresh sweet
cherries (adding fresh sweet cherries)
• Piepel Premium Fruit Packing LLC
changed Export Product coverage
from fresh apples to fresh apples and
fresh sweet cherries (adding fresh
sweet cherries)
• Washington Fruit & Produce Co.
changed Export Product coverage
E:\FR\FM\02DEN1.SGM
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Agencies
[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Notices]
[Pages 74130-74132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26244]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-835]
Stainless Steel Sheet and Strip in Coils From the Republic of
Korea: Final Results of Expedited Sunset Review of the Countervailing
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the countervailing duty (CVD) order on stainless steel
sheet and strip in coils (sheet and strip) from the Republic of Korea
(Korea) would likely lead to the continuation or recurrence of a
countervailable subsidy at the levels indicated in the ``Final Results
of the Sunset Review'' section of this notice.
DATES: Applicable December 2, 2022.
FOR FURTHER INFORMATION CONTACT: John Hoffner, 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) 482-3315.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2022, Commerce initiated this fourth sunset review
of the CVD order \1\ on sheet and strip from Korea, pursuant to section
751(c) of the Tariff Act of 1930, as amended (the Act).\2\ This sunset
review covers the five-year period from 2017 to 2021. Commerce received
a notice of intent to participate from Cleveland-Cliffs Inc., North
American Stainless, and Outokumpu Stainless USA LLC (collectively, the
domestic interested parties), within the deadline specified in 19 CFR
351.218(d)(1)(i). The domestic interested parties claimed interested
party status under section 771(9)(C) of the Act as domestic producers
of sheet and strip in the United States.
---------------------------------------------------------------------------
\1\ See Amended Final Determination: Stainless Steel Sheet and
Strip in Coils from the Republic of Korea; and Notice of
Countervailing Duty Orders: Stainless Steel Sheet and Strip in Coils
from France, Italy, and the Republic of Korea, 64 FR 42923 (August
6, 1999) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 53727
(September 1, 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). However, Commerce did not receive a substantive
response from any government or respondent interested party to this
proceeding.
On October 25, 2022, Commerce notified the U.S. International Trade
Commission that it did not receive an adequate substantive response
from respondent interested parties.\3\ As a result, pursuant to section
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce
conducted an expedited (120-day) sunset review of the Order.
---------------------------------------------------------------------------
\3\ See Commerce's Letter, ``Sunset Reviews Initiated on
September 1, 2022,'' dated October 25, 2022.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order consists of stainless steel
sheet and strip in coils from Korea. Stainless steel is 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 sheet
and strip is a flat-rolled product in coils that is greater than 9.5 mm
in width and less than 4.75 mm in thickness, and that is annealed or
otherwise heat treated and pickled or otherwise descaled. The subject
sheet and strip may also be further processed (e.g., cold-rolled,
polished, aluminized, coated, etc.) provided that it maintains the
specific dimensions of sheet and strip following such processing.
The merchandise subject to the Order is classified in the
Harmonized Tariff Schedule of the United States (HTS) at subheadings:
7219.13.00.30, 7219.13.00.50, 7219.13.00.70, 7219.13.00.80,
7219.14.00.30, 7219.14.00.65, 7219.14.00.90, 7219.32.00.05,
7219.32.00.20, 7219.32.00.25, 7219.32.00.35, 7219.32.00.36,
7219.32.00.38, 7219.32.00.42, 7219.32.00.44, 7219.33.00.05,
7219.33.00.20, 7219.33.00.25, 7219.33.00.35, 7219.33.00.36,
7219.33.00.38, 7219.33.00.42, 7219.33.00.44, 7219.34.00.05,
7219.34.00.20, 7219.34.00.25, 7219.34.00.30, 7219.34.00.35,
7219.35.00.05, 7219.35.00.15, 7219.35.00.30, 7219.35.00.35,
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.12.10.00, 7220.12.50.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60, 7220.20.10.80,
[[Page 74131]]
7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.20.70.05, 7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80, 7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and
7220.90.00.80.
Although the HTS subheadings are provided for convenience and
customs purposes, Commerce's written description of the merchandise
subject to the Order is dispositive.
Excluded from the scope of the Order are the following: (1) sheet
and strip that is not annealed or otherwise heat treated and pickled or
otherwise descaled, (2) sheet and strip that is cut to length, (3)
plate (i.e., flat-rolled stainless steel products of a thickness of
4.75 mm or more), (4) flat wire (i.e., cold-rolled sections, with a
prepared edge, rectangular in shape, of a width of not more than 9.5
mm), and (5) razor blade steel. Razor blade steel is a flat-rolled
product of stainless steel, not further worked than cold-rolled (cold-
reduced), in coils, of a width of not more than 23 mm and a thickness
of 0.266 mm or less, containing, by weight, 12.5 to 14.5 percent
chromium, and certified at the time of entry to be used in the
manufacture of razor blades. See Chapter 72 of the HTS, ``Additional
U.S. Note'' 1(d).
In response to comments by interested parties, Commerce determined
that certain specialty stainless steel products are also excluded from
the scope of the Order. These excluded products are described below.
Flapper valve steel is defined as stainless steel strip in coils
containing, by weight, between 0.37 and 0.43 percent carbon, between
1.15 and 1.35 percent molybdenum, and between 0.20 and 0.80 percent
manganese. This steel also contains, by weight, phosphorus of 0.025
percent or less, silicon of between 0.20 and 0.50 percent, and sulfur
of 0.020 percent or less. The product is manufactured by means of
vacuum arc remelting, with inclusion controls for sulphide of no more
than 0.04 percent and for oxide of no more than 0.05 percent. Flapper
valve steel has a tensile strength of between 210 and 300 ksi, yield
strength of between 170 and 270 ksi, plus or minus 8 ksi, and a
hardness (Hv) of between 460 and 590. Flapper valve steel is most
commonly used to produce specialty flapper valves in compressors.
Also excluded is a product referred to as suspension foil, a
specialty steel product used in the manufacture of suspension
assemblies for computer disk drives. Suspension foil is described as
302/304 grade or 202 grade stainless steel of a thickness between 14
and 127 microns, with a thickness tolerance of plus-or-minus 2.01
microns, and surface glossiness of 200 to 700 percent Gs. Suspension
foil must be supplied in coil widths of not more than 407 mm, and with
a mass of 225 kg or less. Roll marks may only be visible on one side,
with no scratches of measurable depth. The material must exhibit
residual stresses of 2 mm maximum deflection, and flatness of 1.6 mm
over 685 mm length.
Certain stainless steel foil for automotive catalytic converters is
also excluded from the scope of the Order. This stainless steel strip
in coils is a specialty foil with a thickness of between 20 and 110
microns used to produce a metallic substrate with a honeycomb structure
for use in automotive catalytic converters. The steel contains, by
weight, carbon of no more than 0.030 percent, silicon of no more than
1.0 percent, manganese of no more than 1.0 percent, chromium of between
19 and 22 percent, aluminum of no less than 5.0 percent, phosphorus of
no more than 0.045 percent, sulfur of no more than 0.03 percent,
lanthanum of less than 0.002 or greater than 0.05 percent, and total
rare earth elements of more than 0.06 percent, with the balance iron.
Permanent magnet iron-chromium-cobalt alloy stainless strip is also
excluded from the scope of the Order. This ductile stainless steel
strip contains, by weight, 26 to 30 percent chromium, and 7 to 10
percent cobalt, with the remainder of iron, in widths 228.6 mm or less,
and a thickness between 0.127 and 1.270 mm. It exhibits magnetic
remanence between 9,000 and 12,000 gauss, and a coercivity of between
50 and 300 oersteds. This product is most commonly used in electronic
sensors and is currently available under proprietary trade names such
as ``Arnokrome III.'' \4\
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\4\ ``Arnokrome III'' is a trademark of the Arnold Engineering
Company.
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Certain electrical resistance alloy steel is also excluded from the
scope of the Order. This product is defined as a non-magnetic stainless
steel manufactured to American Society of Testing and Materials (ASTM)
specification B344 and containing, by weight, 36 percent nickel, 18
percent chromium, and 46 percent iron, and is most notable for its
resistance to high temperature corrosion. It has a melting point of
1390 degrees Celsius and displays a creep rupture limit of 4 kilograms
per square millimeter at 1000 degrees Celsius. This steel is most
commonly used in the production of heating ribbons for circuit breakers
and industrial furnaces, and in rheostats for railway locomotives. The
product is currently available under proprietary trade names such as
``Gilphy 36.'' \5\
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\5\ ``Gilphy 36'' is a trademark of Imphy, S.A.
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Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of the Order. This high-strength, ductile
stainless steel product is designated under the Unified Numbering
System (UNS) as S45500-grade steel, and contains, by weight, 11 to 13
percent chromium, and 7 to 10 percent nickel. Carbon, manganese,
silicon and molybdenum each comprise, by weight, 0.05 percent or less,
with phosphorus and sulfur each comprising, by weight, 0.03 percent or
less. This steel has copper, niobium, and titanium added to achieve
aging, and will exhibit yield strengths as high as 1700 Mpa and
ultimate tensile strengths as high as 1750 Mpa after aging, with
elongation percentages of 3 percent or less in 50 mm. It is generally
provided in thicknesses between 0.635 and 0.787 mm, and in widths of
25.4 mm. This product is most commonly used in the manufacture of
television tubes and is currently available under proprietary trade
names such as ``Durphynox 17.'' \6\
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\6\ ``Durphynox 17'' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------
Finally, three specialty stainless steels typically used in certain
industrial blades and surgical and medical instruments are also
excluded from the scope of the Order. These include stainless steel
strip in coils used in the production of textile cutting tools (e.g.,
carpet knives).\7\ This steel is similar to AISI grade 420 but
containing, by weight, 0.5 to 0.7 percent of molybdenum. The steel also
contains, by weight, carbon of between 1.0 and 1.1 percent, sulfur of
0.020 percent or less, and includes between 0.20 and 0.30 percent
copper and between 0.20 and 0.50 percent cobalt. This steel is sold
under proprietary names such as ``GIN4 Mo.'' The second excluded
stainless steel strip in coils is similar to AISI 420-J2 and contains,
by weight, carbon of between 0.62 and 0.70 percent, silicon of between
0.20 and 0.50 percent, manganese of between 0.45 and 0.80 percent,
phosphorus of no more than 0.025 percent and sulfur of no more than
0.020 percent. This steel has a carbide density on average of 100
carbide particles per 100 square microns. An example of this product is
``GIN5'' steel. The third specialty steel has a chemical composition
similar to AISI 420 F, with carbon of between 0.37
[[Page 74132]]
and 0.43 percent, molybdenum of between 1.15 and 1.35 percent, but
lower manganese of between 0.20 and 0.80 percent, phosphorus of no more
than 0.025 percent, silicon of between 0.20 and 0.50 percent, and
sulfur of no more than 0.020 percent. This product is supplied with a
hardness of more than Hv 500 guaranteed after customer processing, and
is supplied as, for example, ``GIN6.'' \8\
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\7\ This list of uses is illustrative and provided for
descriptive purposes only.
\8\ ``GIN4 Mo,'' ``GIN5,'' and ``GIN6'' are the proprietary
grades of Hitachi Metals America, Ltd.
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum, which is dated concurrently with and adopted
by this notice.\9\ A list of topics discussed in the Issues and
Decision Memorandum is included as an appendix to this notice. Parties
can find a complete discussion of all issues raised in this expedited
sunset review and the corresponding recommendations in this public
memorandum, which is on file electronically via the Enforcement and
Compliance Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. A complete version of the Issues and Decision
Memorandum can be accessed directly at https://access.trade.gov/public/FRNotices/ListLayout.aspx.
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\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Expedited Sunset Review of the Countervailing Duty
Order on Stainless Steel Sheet and Strip in Coils from the Republic
of Korea,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Final Results of the Sunset Review
Pursuant to sections 752(b)(1) and (3) of the Act, we determine
that revocation of the Order on sheet and strip from Korea would be
likely to lead to continuation or recurrence of a net countervailable
subsidy at the rates listed below: \10\
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\10\ Id.
------------------------------------------------------------------------
Subsidy rate
Producer/exporter (percent ad
valorem)
------------------------------------------------------------------------
INI/BNG (formerly Inchon and now known as Hyundai)...... 0.54
DMC..................................................... 0.67
Taihan.................................................. 4.64
All Others.............................................. 0.63
------------------------------------------------------------------------
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
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 violation
which is subject to sanction.
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(e)(ii)(c)(2).
Dated: November 25, 2022.
Abdelali Elouaradia,
Deputy 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 Sunset Review
VIII. Recommendation
[FR Doc. 2022-26244 Filed 12-1-22; 8:45 am]
BILLING CODE 3510-DS-P