Certain Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Continuation of Antidumping Duty Orders (Australia, Japan, Korea, the Netherlands, Turkey, and United Kingdom) and Countervailing Duty Order (Korea) and Revocation of Antidumping and Countervailing Duty Orders (Brazil), 78642-78644 [2022-27839]
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78642
Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Notices
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
review for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) for Ningbo Dongxin, that
has not been found to be entitled to a
separate rate, the cash deposit rate will
be that for the China-wide entity; (2) for
previously investigated or reviewed
Chinese and non-Chinese exporters that
received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific rate; (3) 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 that for the Chinawide entity; and (4) 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 that
supplied that non-Chinese exporter.
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice 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 the POR.
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.
lotter on DSK11XQN23PROD with NOTICES1
Notification to Interested Parties
Commerce is issuing and publishing
the preliminary results of this review in
accordance with sections 751(a)(1)(B),
751(a)(3) and 777(i) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: December 13, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
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18:01 Dec 21, 2022
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II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2022–27837 Filed 12–21–22; 8:45 am]
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0056.
SUPPLEMENTARY INFORMATION:
BILLING CODE 3510–DS–P
Background
On October 3, 2016, Commerce
DEPARTMENT OF COMMERCE
published in the Federal Register the
AD orders on hot-rolled steel from
International Trade Administration
Australia, Brazil, Japan, Korea, the
[A–602–809, A–351–845, A–588–874, A–580– Netherlands, Turkey, and the United
883, A–421–813, A–489–826, A–412–825, C– Kingdom (AD Orders) 1 and the CVD
351–846, C–580–884]
orders on hot-rolled steel from Brazil
and Korea (CVD Orders, collectively
Certain Hot-Rolled Steel Flat Products
with AD Orders, Orders).2 On
From Australia, Brazil, Japan, the
September 1, 2021, Commerce
Republic of Korea, the Netherlands,
published the notice of initiation of the
the Republic of Turkey, and the United sunset reviews of the Orders pursuant to
Kingdom: Continuation of
section 751(c) of the Tariff Act of 1930,
Antidumping Duty Orders (Australia,
as amended (the Act).3 Commerce
Japan, Korea, the Netherlands, Turkey, conducted expedited (120-day) sunset
and United Kingdom) and
reviews of the Orders, pursuant to
Countervailing Duty Order (Korea) and section 751(c)(3)(B) of the Act and 19
Revocation of Antidumping and
CFR 351.218(e)(1)(ii)(C)(2). As a result
Countervailing Duty Orders (Brazil)
of its reviews, Commerce determined,
pursuant to sections 751(c)(1) and
AGENCY: Enforcement and Compliance,
752(c) of the Act, that revocation of the
International Trade Administration,
Orders would likely lead to
Department of Commerce.
continuation or recurrence of dumping
SUMMARY: As a result of the
and countervailable subsidies.
determinations by the U.S. Department
Commerce also notified the ITC of the
of Commerce (Commerce) and the U.S.
magnitude of the dumping margins and
International Trade Commission (ITC)
that revocation of the antidumping duty net countervailable subsidies likely to4
prevail should the Orders be revoked.
(AD) orders on certain hot-rolled steel
On December 2, 2022, the ITC
flat products (hot-rolled steel) from
published its determination, pursuant to
Australia, Japan, the Republic of Korea
(Korea), the Netherlands, the Republic
1 See Certain Hot-Rolled Steel Flat Products from
of Turkey (Turkey), and the United
Australia, Brazil, Japan, the Republic of Korea, the
Kingdom would likely lead to
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
continuation or recurrence of dumping
and material injury to an industry in the Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
United States, Commerce is publishing
Antidumping Duty Orders, 81 FR 67962 (October 3,
a notice of continuation of the AD
2016), as amended by Certain Hot-Rolled Steel Flat
Products from Turkey: Notice of Court Decision Not
orders for these countries. Further, as a
in Harmony with the Amended Final Determination
result of Commerce’s and the ITC’s
in the Less-Than-Fair-Value Investigation; Notice of
determinations that the countervailing
Amended Final Determination, Amended
Antidumping Duty Order, Notice of Revocation of
duty (CVD) order on hot-rolled steel
Antidumping Duty Order in Part; and
from Korea would likely lead to
Discontinuation of the 2017–18 and 2018–19
continuation or recurrence of net
Antidumping Duty Administrative Reviews, in Part,
countervailable subsidies and material
85 FR 29399 (May 15, 2020) (AD Orders).
2 See Certain Hot-Rolled Steel Flat Products from
injury to an industry in the United
States, Commerce is publishing a notice Brazil and the Republic of Korea: Amended Final
Affirmative Countervailing Duty Determinations
of continuation CVD order for Korea.
and Countervailing Duty Orders, 81 FR 67960
Finally, as a result of the ITC’s
(October 3, 2016) (CVD Orders).
3 See Initiation Notice of Five-Year (Sunset)
determination that revocation of the AD
and CVD orders on hot-rolled steel from Reviews, 86 FR 48983 (September 1, 2021)
(Initiation Notice).
Brazil is not likely to lead to
4 See Certain Hot-Rolled Steel Flat Products from
continuation or recurrence of material
Australia, Brazil, Japan, the Republic of Korea, the
injury to an industry in the United
Netherlands, the Republic of Turkey, and the
States, Commerce is revoking the AD
United Kingdom: Final Results of the Expedited
and CVD orders on hot-rolled steel from Sunset Reviews of the Antidumping Duty Orders, 87
FR 751 (January 6, 2022); Certain Hot-Rolled Steel
Brazil.
Flat Products of Brazil: Final Results of the
DATES: Applicable December 22, 2022.
Expedited First Sunset Review of the Countervailing
Duty Order, 87 FR 750 (January 6, 2022); and
FOR FURTHER INFORMATION CONTACT:
Certain Hot-Rolled Steel Flat Products From the
Zachary Le Vene, AD/CVD Operations,
Republic of Korea: Final Results of the Expedited
Office VII, Enforcement and
First Sunset Review of the Countervailing Duty
Order, 87 FR 428 (January 5, 2022).
Compliance, International Trade
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Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Notices
section 751(c) of the Act, that revocation
of the AD orders on hot-rolled steel from
Australia, Japan, the Netherlands,
Turkey, and the United Kingdom, and
the AD and CVD orders on hot-rolled
steel from Korea, would be likely to lead
to continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time, and that revocation of the AD and
CVD orders on hot-rolled steel from
Brazil would not be likely to lead to
continuation or recurrence of material
injury within a reasonably foreseeable
time.5
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Scope of the Orders
The products covered by these Orders
are certain hot-rolled, flat-rolled steel
products, with or without patterns in
relief, and whether or not annealed,
painted, varnished, or coated with
plastics or other non-metallic
substances. The products covered do
not include those that are clad, plated,
or coated with metal. The products
covered include coils that have a width
or other lateral measurement (width) of
12.7 mm or greater, regardless of
thickness, and 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 of less than 4.75 mm and a
width that is 12.7 mm or greater and
that measures at least 10 times 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 unless the
resulting measurement makes the
product covered by the existing
antidumping 6 or countervailing duty 7
5 See Hot-Rolled Steel from Australia, Brazil,
Japan, Netherlands, Russia, South Korea, Turkey,
and the United Kingdom, 87 FR 74167 (December
2, 2022).
6 See Notice of Amendment of Final
Determinations of Sales at Less Than Fair Value
and Antidumping Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate Products from
France, India, Indonesia, Italy, Japan and the
Republic of Korea, 65 FR 6585 (February 10, 2000).
7 See Notice of Amended Final Determinations:
Certain Cut-to-Length Carbon-Quality Steel Plate
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18:01 Dec 21, 2022
Jkt 259001
orders on Certain Cut-To-Length
Carbon-Quality Steel Plate Products
from the Republic of Korea (A–580–836;
C–580–837), 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 these Orders 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, or
• 0.80 percent of molybdenum, or
• 0.10 percent of niobium, or
• 0.30 percent of vanadium, or
• 0.30 percent of zirconium.
Unless specifically excluded,
products are included in these scopes
regardless of levels of boron and
titanium. For example, specifically
included in these scopes are vacuum
degassed, fully stabilized (commonly
referred to as interstitial-free (IF)) steels,
high strength low alloy (HSLA) steels,
the substrate for motor lamination
steels, Advanced High Strength Steels
(AHSS), and Ultra High Strength Steels
(UHSS). 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. The substrate for
motor lamination steels contains microalloying levels of elements such as
silicon and aluminum. AHSS and UHSS
are considered high tensile strength and
high elongation steels, although AHSS
and UHSS are covered whether or not
they are high tensile strength or high
elongation steels.
Subject merchandise includes hotrolled steel that has been further
processed in a third country, including
but not limited to pickling, oiling,
from India and the Republic of Korea; and Notice
of Countervailing Duty Orders: Certain Cut-ToLength Carbon-Quality Steel Plate from France,
India, Indonesia, Italy, and the Republic of Korea,
65 FR 6587 (February 10, 2000).
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78643
levelling, annealing, tempering, temper
rolling, skin passing, painting,
varnishing, trimming, cutting,
punching, and/or slitting, or any other
processing that would not otherwise
remove the merchandise from the scope
of these Orders if performed in the
country of manufacture of the hot-rolled
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 these
Orders unless specifically excluded.
The following products are outside of
and/or specifically excluded from the
scope of these Orders:
• Universal mill plates (i.e., hotrolled, flat-rolled products not in coils
that have been rolled on four faces or in
a closed box pass, of a width exceeding
150 mm but not exceeding 1250 mm, of
a thickness not less than 4.0 mm, and
without patterns in relief);
• Products that have been cold-rolled
(cold-reduced) after hot-rolling; 8
• Ball bearing steels; 9
• Tool steels; 10 and
• Silico-manganese steels.11
The products covered by these Orders
are currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under item
numbers: 7208.10.1500, 7208.10.3000,
8 For purposes of this scope exclusion, rolling
operations such as a skin pass, levelling, temper
rolling or other minor rolling operations after the
hot-rolling process for purposes of surface finish,
flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this
exclusion.
9 Ball bearing steels are defined as steels which
contain, in addition to iron, each of the following
elements by weight in the amount specified: (i) Not
less than 0.95 nor more than 1.13 percent of carbon;
(ii) not less than 0.22 nor more than 0.48 percent
of manganese; (iii) none, or not more than 0.03
percent of sulfur; (iv) none, or not more than 0.03
percent of phosphorus; (v) not less than 0.18 nor
more than 0.37 percent of silicon; (vi) not less than
1.25 nor more than 1.65 percent of chromium; (vii)
none, or not more than 0.28 percent of nickel; (viii)
none, or not more than 0.38 percent of copper; and
(ix) none, or not more than 0.09 percent of
molybdenum.
10 Tool steels are defined as steels which contain
the following combinations of elements in the
quantity by weight respectively indicated: (i) More
than 1.2 percent carbon and more than 10.5 percent
chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent
chromium; or (iii) not less than 0.85 percent carbon
and 1 percent to 1.8 percent, inclusive, manganese;
or (iv) 0.9 percent to 1.2 percent, inclusive,
chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon
and not less than 3.5 percent molybdenum; or (vi)
not less than 0.5 percent carbon and not less than
5.5 percent tungsten.
11 Silico-manganese steel is defined as steels
containing by weight: (i) Not more than 0.7 percent
of carbon; (ii) 0.5 percent or more but not more than
1.9 percent of manganese, and (iii) 0.6 percent or
more but not more than 2.3 percent of silicon.
E:\FR\FM\22DEN1.SGM
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78644
Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Notices
7208.10.6000, 7208.25.3000,
7208.25.6000, 7208.26.0030,
7208.26.0060, 7208.27.0030,
7208.27.0060, 7208.36.0030,
7208.36.0060, 7208.37.0030,
7208.37.0060, 7208.38.0015,
7208.38.0030, 7208.38.0090,
7208.39.0015, 7208.39.0030,
7208.39.0090, 7208.40.6030,
7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000,
7210.70.3000, 7211.14.0030,
7211.14.0090, 7211.19.1500,
7211.19.2000, 7211.19.3000,
7211.19.4500, 7211.19.6000,
7211.19.7530, 7211.19.7560,
7211.19.7590, 7225.11.0000,
7225.19.0000, 7225.30.3050,
7225.30.7000, 7225.40.7000,
7225.99.0090, 7226.11.1000,
7226.11.9030, 7226.11.9060,
7226.19.1000, 7226.19.9000,
7226.91.5000, 7226.91.7000, and
7226.91.8000. The products covered by
these Orders may also enter under the
following HTSUS numbers:
7210.90.9000, 7211.90.0000,
7212.40.1000, 7212.40.5000,
7212.50.0000, 7214.91.0015,
7214.91.0060, 7214.91.0090,
7214.99.0060, 7214.99.0075,
7214.99.0090, 7215.90.5000,
7226.99.0180, and 7228.60.6000. The
HTSUS subheadings above are provided
for convenience and U.S. Customs
purposes only. The written description
of the scope of these Orders is
dispositive.
The effective date of the continuation
of the AD orders on hot-rolled steel from
Australia, Japan, the Netherlands,
Turkey, and the United Kingdom, and
the AD and CVD orders on hot-rolled
steel from Korea will be the date of
publication in the Federal Register of
this notice of continuation. Pursuant to
section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to
initiate the next sunset review of the AD
orders on hot-rolled steel from
Australia, Japan, the Netherlands,
Turkey, and the United Kingdom, and
the AD and CVD orders on hot-rolled
steel from Korea not later than 30 days
prior to the fifth anniversary of the
effective date of continuation.
Continuation of the AD Orders on HotRolled Steel From Australia, Japan, the
Netherlands, Turkey, and the United
Kingdom and the Continuation of the
AD and CVD Orders on Hot-Rolled
Steel From Korea
Cash Deposits and Assessment of Duties
on Hot-Rolled Steel From Brazil
As a result of the determinations by
Commerce and the ITC that revocation
of the AD orders on hot-rolled steel from
Australia, Japan, the Netherlands,
Turkey, and the United Kingdom, and
the AD and CVD orders on hot-rolled
steel from Korea would likely lead to
continuation or recurrence of dumping,
countervailable subsidies, and material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a),
Commerce hereby orders the
continuation of the AD orders on hotrolled steel from Australia, Japan, the
Netherlands, Turkey, and the United
Kingdom, and the AD and CVD orders
on hot-rolled steel from Korea. U.S.
Customs and Border Protection (CBP)
will continue to collect AD and CVD
cash deposits at the rates in effect at the
time of entry for all imports of subject
merchandise.
VerDate Sep<11>2014
18:01 Dec 21, 2022
Jkt 259001
Revocation of the AD and CVD Orders
on Hot-Rolled Steel From Brazil
As a result of the determination by the
ITC that revocation of the AD and CVD
orders on hot-rolled steel from Brazil
would not be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, 19 CFR 351.222(i)(1)(iii), and 19
CFR 351.218(a), Commerce is revoking
the AD and CVD orders on hot-rolled
steel from Brazil. Pursuant to section
751(d)(3) of the Act and 19 CFR
351.222(i)(2)(i), the effective date of
revocation is October 3, 2021 (i.e., the
fifth anniversary of the date of
publication in the Federal Register of
the notice of the Orders).12
Commerce intends to notify CBP to
terminate the suspension of liquidation
and to discontinue the collection of AD
and CVD cash deposits on entries of hotrolled steel from Brazil, entered or
withdrawn from warehouse, on or after
October 3, 2021. Commerce intends to
further instruct CBP to refund with
interest all cash deposits on
unliquidated entries made on or after
October 3, 2021. Entries of subject
merchandise prior to the effective date
of revocation will continue to be subject
to suspension of liquidation and AD and
CVD deposit requirements and
assessments.
Administrative Protective Order (APO)
This notice also serves as the only
reminder to parties subject to APO of
their responsibility concerning the
return, destruction, or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
12 See
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Failure to comply is a violation of the
APO which may be subject to sanctions.
Notification to Interested Parties
This five-year sunset review and this
notice are in accordance with sections
751(c) and 751(d)(2) of the Act and this
notice is published pursuant to section
777(i)(1) of the Act and 19 CFR
351.218(f)(4).
Dated: December 15, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2022–27839 Filed 12–21–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–971]
Multilayered Wood Flooring From the
People’s Republic of China:
Preliminary Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that countervailable subsidies are being
provided to producers and exporters of
multilayered wood flooring (wood
flooring) from the People’s Republic of
China (China). The period of review
(POR) is January 1, 2020, through
December 31, 2020. Interested parties
are invited to comment on these
preliminary results of review.
DATES: Applicable December 22, 2022.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or Jonathan Schueler,
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) 482–5973 or
(202) 482–9175, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 8, 2011, Commerce
issued a countervailing duty (CVD)
order on wood flooring from China.1
The American Manufacturers of
1 See Multilayered Wood Flooring from the
People’s Republic of China: Countervailing Duty
Order, 76 FR 76693 (December 8, 2011) (Order); and
Multilayered Wood Flooring from the People’s
Republic of China: Amended Antidumping and
Countervailing Duty Orders, 77 FR 5484 (February
3, 2012), wherein the scope of the Order was
modified (collectively, Order).
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]]>Agencies
[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78642-78644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27839]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-809, A-351-845, A-588-874, A-580-883, A-421-813, A-489-826, A-
412-825, C-351-846, C-580-884]
Certain Hot-Rolled Steel Flat Products From Australia, Brazil,
Japan, the Republic of Korea, the Netherlands, the Republic of Turkey,
and the United Kingdom: Continuation of Antidumping Duty Orders
(Australia, Japan, Korea, the Netherlands, Turkey, and United Kingdom)
and Countervailing Duty Order (Korea) and Revocation of Antidumping and
Countervailing Duty Orders (Brazil)
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) orders on certain hot-
rolled steel flat products (hot-rolled steel) from Australia, Japan,
the Republic of Korea (Korea), the Netherlands, the Republic of Turkey
(Turkey), and the United Kingdom would likely lead to continuation or
recurrence of dumping and material injury to an industry in the United
States, Commerce is publishing a notice of continuation of the AD
orders for these countries. Further, as a result of Commerce's and the
ITC's determinations that the countervailing duty (CVD) order on hot-
rolled steel from Korea would likely lead to continuation or recurrence
of net countervailable subsidies and material injury to an industry in
the United States, Commerce is publishing a notice of continuation CVD
order for Korea. Finally, as a result of the ITC's determination that
revocation of the AD and CVD orders on hot-rolled steel from Brazil is
not likely to lead to continuation or recurrence of material injury to
an industry in the United States, Commerce is revoking the AD and CVD
orders on hot-rolled steel from Brazil.
DATES: Applicable December 22, 2022.
FOR FURTHER INFORMATION CONTACT: Zachary Le Vene, 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) 482-0056.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2016, Commerce published in the Federal Register the
AD orders on hot-rolled steel from Australia, Brazil, Japan, Korea, the
Netherlands, Turkey, and the United Kingdom (AD Orders) \1\ and the CVD
orders on hot-rolled steel from Brazil and Korea (CVD Orders,
collectively with AD Orders, Orders).\2\ On September 1, 2021, Commerce
published the notice of initiation of the sunset reviews of the Orders
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act).\3\ Commerce conducted expedited (120-day) sunset reviews of the
Orders, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2). As a result of its reviews, Commerce
determined, pursuant to sections 751(c)(1) and 752(c) of the Act, that
revocation of the Orders would likely lead to continuation or
recurrence of dumping and countervailable subsidies. Commerce also
notified the ITC of the magnitude of the dumping margins and net
countervailable subsidies likely to prevail should the Orders be
revoked.\4\
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\1\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016), as amended by Certain Hot-Rolled Steel Flat
Products from Turkey: Notice of Court Decision Not in Harmony with
the Amended Final Determination in the Less-Than-Fair-Value
Investigation; Notice of Amended Final Determination, Amended
Antidumping Duty Order, Notice of Revocation of Antidumping Duty
Order in Part; and Discontinuation of the 2017-18 and 2018-19
Antidumping Duty Administrative Reviews, in Part, 85 FR 29399 (May
15, 2020) (AD Orders).
\2\ See Certain Hot-Rolled Steel Flat Products from Brazil and
the Republic of Korea: Amended Final Affirmative Countervailing Duty
Determinations and Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (CVD Orders).
\3\ See Initiation Notice of Five-Year (Sunset) Reviews, 86 FR
48983 (September 1, 2021) (Initiation Notice).
\4\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Final Results of the Expedited
Sunset Reviews of the Antidumping Duty Orders, 87 FR 751 (January 6,
2022); Certain Hot-Rolled Steel Flat Products of Brazil: Final
Results of the Expedited First Sunset Review of the Countervailing
Duty Order, 87 FR 750 (January 6, 2022); and Certain Hot-Rolled
Steel Flat Products From the Republic of Korea: Final Results of the
Expedited First Sunset Review of the Countervailing Duty Order, 87
FR 428 (January 5, 2022).
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On December 2, 2022, the ITC published its determination, pursuant
to
[[Page 78643]]
section 751(c) of the Act, that revocation of the AD orders on hot-
rolled steel from Australia, Japan, the Netherlands, Turkey, and the
United Kingdom, and the AD and CVD orders on hot-rolled steel from
Korea, would be likely to lead to continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time, and that revocation of the AD and CVD orders on hot-
rolled steel from Brazil would not be likely to lead to continuation or
recurrence of material injury within a reasonably foreseeable time.\5\
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\5\ See Hot-Rolled Steel from Australia, Brazil, Japan,
Netherlands, Russia, South Korea, Turkey, and the United Kingdom, 87
FR 74167 (December 2, 2022).
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Scope of the Orders
The products covered by these Orders are certain hot-rolled, flat-
rolled steel products, with or without patterns in relief, and whether
or not annealed, painted, varnished, or coated with plastics or other
non-metallic substances. The products covered do not include those that
are clad, plated, or coated with metal. The products covered include
coils that have a width or other lateral measurement (width) of 12.7 mm
or greater, regardless of thickness, and 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 of less than 4.75 mm and a width
that is 12.7 mm or greater and that measures at least 10 times 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 unless the resulting measurement makes the product
covered by the existing antidumping \6\ or countervailing duty \7\
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products
from the Republic of Korea (A-580-836; C-580-837), and
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\6\ See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products from France, India,
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585
(February 10, 2000).
\7\ See Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate from France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000).
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(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 these Orders 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, or
0.80 percent of molybdenum, or
0.10 percent of niobium, or
0.30 percent of vanadium, or
0.30 percent of zirconium.
Unless specifically excluded, products are included in these scopes
regardless of levels of boron and titanium. For example, specifically
included in these scopes are vacuum degassed, fully stabilized
(commonly referred to as interstitial-free (IF)) steels, high strength
low alloy (HSLA) steels, the substrate for motor lamination steels,
Advanced High Strength Steels (AHSS), and Ultra High Strength Steels
(UHSS). 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. The substrate for motor
lamination steels contains micro-alloying levels of elements such as
silicon and aluminum. AHSS and UHSS are considered high tensile
strength and high elongation steels, although AHSS and UHSS are covered
whether or not they are high tensile strength or high elongation
steels.
Subject merchandise includes hot-rolled steel that has been further
processed in a third country, including but not limited to pickling,
oiling, levelling, annealing, tempering, temper rolling, skin passing,
painting, varnishing, trimming, cutting, punching, and/or slitting, or
any other processing that would not otherwise remove the merchandise
from the scope of these Orders if performed in the country of
manufacture of the hot-rolled 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 these Orders
unless specifically excluded. The following products are outside of
and/or specifically excluded from the scope of these Orders:
Universal mill plates (i.e., hot-rolled, flat-rolled
products not in coils that have been rolled on four faces or in a
closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm,
of a thickness not less than 4.0 mm, and without patterns in relief);
Products that have been cold-rolled (cold-reduced) after
hot-rolling; \8\
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\8\ For purposes of this scope exclusion, rolling operations
such as a skin pass, levelling, temper rolling or other minor
rolling operations after the hot-rolling process for purposes of
surface finish, flatness, shape control, or gauge control do not
constitute cold-rolling sufficient to meet this exclusion.
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Ball bearing steels; \9\
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\9\ Ball bearing steels are defined as steels which contain, in
addition to iron, each of the following elements by weight in the
amount specified: (i) Not less than 0.95 nor more than 1.13 percent
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv)
none, or not more than 0.03 percent of phosphorus; (v) not less than
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25
nor more than 1.65 percent of chromium; (vii) none, or not more than
0.28 percent of nickel; (viii) none, or not more than 0.38 percent
of copper; and (ix) none, or not more than 0.09 percent of
molybdenum.
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Tool steels; \10\ and
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\10\ Tool steels are defined as steels which contain the
following combinations of elements in the quantity by weight
respectively indicated: (i) More than 1.2 percent carbon and more
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent chromium; or
(iii) not less than 0.85 percent carbon and 1 percent to 1.8
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent,
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon and not less
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent
carbon and not less than 5.5 percent tungsten.
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Silico-manganese steels.\11\
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\11\ Silico-manganese steel is defined as steels containing by
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or
more but not more than 1.9 percent of manganese, and (iii) 0.6
percent or more but not more than 2.3 percent of silicon.
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The products covered by these Orders are currently classified in
the Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers: 7208.10.1500, 7208.10.3000,
[[Page 78644]]
7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030, 7208.26.0060,
7208.27.0030, 7208.27.0060, 7208.36.0030, 7208.36.0060, 7208.37.0030,
7208.37.0060, 7208.38.0015, 7208.38.0030, 7208.38.0090, 7208.39.0015,
7208.39.0030, 7208.39.0090, 7208.40.6030, 7208.40.6060, 7208.53.0000,
7208.54.0000, 7208.90.0000, 7210.70.3000, 7211.14.0030, 7211.14.0090,
7211.19.1500, 7211.19.2000, 7211.19.3000, 7211.19.4500, 7211.19.6000,
7211.19.7530, 7211.19.7560, 7211.19.7590, 7225.11.0000, 7225.19.0000,
7225.30.3050, 7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000,
7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.5000,
7226.91.7000, and 7226.91.8000. The products covered by these Orders
may also enter under the following HTSUS numbers: 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7214.99.0060, 7214.99.0075, 7214.99.0090,
7215.90.5000, 7226.99.0180, and 7228.60.6000. The HTSUS subheadings
above are provided for convenience and U.S. Customs purposes only. The
written description of the scope of these Orders is dispositive.
Continuation of the AD Orders on Hot-Rolled Steel From Australia,
Japan, the Netherlands, Turkey, and the United Kingdom and the
Continuation of the AD and CVD Orders on Hot-Rolled Steel From Korea
As a result of the determinations by Commerce and the ITC that
revocation of the AD orders on hot-rolled steel from Australia, Japan,
the Netherlands, Turkey, and the United Kingdom, and the AD and CVD
orders on hot-rolled steel from Korea would likely lead to continuation
or recurrence of dumping, countervailable subsidies, and material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the
continuation of the AD orders on hot-rolled steel from Australia,
Japan, the Netherlands, Turkey, and the United Kingdom, and the AD and
CVD orders on hot-rolled steel from Korea. U.S. Customs and Border
Protection (CBP) will continue to collect AD and CVD cash deposits at
the rates in effect at the time of entry for all imports of subject
merchandise.
The effective date of the continuation of the AD orders on hot-
rolled steel from Australia, Japan, the Netherlands, Turkey, and the
United Kingdom, and the AD and CVD orders on hot-rolled steel from
Korea will be the date of publication in the Federal Register of this
notice of continuation. Pursuant to section 751(c)(2) of the Act and 19
CFR 351.218(c)(2), Commerce intends to initiate the next sunset review
of the AD orders on hot-rolled steel from Australia, Japan, the
Netherlands, Turkey, and the United Kingdom, and the AD and CVD orders
on hot-rolled steel from Korea not later than 30 days prior to the
fifth anniversary of the effective date of continuation.
Revocation of the AD and CVD Orders on Hot-Rolled Steel From Brazil
As a result of the determination by the ITC that revocation of the
AD and CVD orders on hot-rolled steel from Brazil would not be likely
to lead to continuation or recurrence of material injury to an industry
in the United States, pursuant to section 751(d)(2) of the Act, 19 CFR
351.222(i)(1)(iii), and 19 CFR 351.218(a), Commerce is revoking the AD
and CVD orders on hot-rolled steel from Brazil. Pursuant to section
751(d)(3) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of
revocation is October 3, 2021 (i.e., the fifth anniversary of the date
of publication in the Federal Register of the notice of the
Orders).\12\
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\12\ See Orders.
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Cash Deposits and Assessment of Duties on Hot-Rolled Steel From Brazil
Commerce intends to notify CBP to terminate the suspension of
liquidation and to discontinue the collection of AD and CVD cash
deposits on entries of hot-rolled steel from Brazil, entered or
withdrawn from warehouse, on or after October 3, 2021. Commerce intends
to further instruct CBP to refund with interest all cash deposits on
unliquidated entries made on or after October 3, 2021. Entries of
subject merchandise prior to the effective date of revocation will
continue to be subject to suspension of liquidation and AD and CVD
deposit requirements and assessments.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
APO of their responsibility concerning the return, destruction, or
conversion to judicial protective order of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to
comply is a violation of the APO which may be subject to sanctions.
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act and this notice is published
pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: December 15, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-27839 Filed 12-21-22; 8:45 am]
BILLING CODE 3510-DS-P
