Tin Mill Products From Canada, the People's Republic of China, Germany, the Netherlands, the Republic of Korea, Taiwan, the Republic of Turkey, and the United Kingdom: Initiation of Less-Than-Fair-Value Investigations, 9481-9488 [2023-03085]
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Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Notices
a cathodic dichromate treatment, with ultra
flat scroll cut sheet form, with CAT5 temper
with 1.00/0.10 pound/base box coating, with
a lithograph logo printed in a uniform pattern
on the 0.10 pound coating side with a clear
protective coat, with both sides waxed to a
level of 15–20 mg/216 sq. in., with ordered
dimension combinations of (1) 75 pound/
base box (0.0082 inch) thickness and 34.9375
inch x 31.748 inch scroll cut dimensions; or
(2) 75 pound/base box (0.0082 inch)
thickness and 34.1875 inch x 29.076 inch
scroll cut dimensions; or (3) 107 pound/base
box (0.0118 inch) thickness and 30.5625 inch
x 34.125 inch scroll cut dimension.
• Tin-free steel coated with a metallic
chromium layer between 100–200 mg/m2 and
a chromium oxide layer between 5–30 mg/
m2; chemical composition of 0.05%
maximum carbon, 0.03% maximum silicon,
0.60% maximum manganese, 0.02%
maximum phosphorous, and 0.02%
maximum sulfur; magnetic flux density (Br)
of 10 kg minimum and a coercive force (Hc)
of 3.8 Oe minimum.
• Tin-free steel laminated on one or both
sides of the surface with a polyester film,
consisting of two layers (an amorphous layer
and an outer crystal layer), that contains no
more than the indicated amounts of the
following environmental hormones: 1 mg/kg
BADGE (BisPhenol—A Di-glycidyl Ether), 1
mg/kg BFDGE (BisPhenol—F Di-glycidyl
Ether), and 3 mg/kg BPA (BisPhenol—A).
The merchandise subject to this
investigation is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS), under HTSUS subheadings
7210.11.0000, 7210.12.0000, 7210.50.0020,
7210.50.0090, 7212.10.0000, and
7212.50.0000 if of non-alloy steel and under
HTSUS subheadings 7225.99.0090, and
7226.99.0180 if of alloy steel. Although the
subheadings are provided for convenience
and customs purposes, the written
description of the scope of the investigation
is dispositive.
[FR Doc. 2023–03086 Filed 2–13–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–869, A–570–150, A–428–851, A–580–
915, A–421–816, A–583–870, A–489–848, A–
412–827]
ddrumheller on DSK120RN23PROD with NOTICES
Tin Mill Products From Canada, the
People’s Republic of China, Germany,
the Netherlands, the Republic of
Korea, Taiwan, the Republic of Turkey,
and the United Kingdom: Initiation of
Less-Than-Fair-Value Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun (Canada), Emily Halle or
Samuel Frost (the People’s Republic of
China (China)), George McMahon or
AGENCY:
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Carolyn Adie (Germany); Jacob Saude
(the Republic of Korea (Korea)), Brittany
Bauer (the Netherlands), Elfi Blum
(Taiwan), Alice Maldonado or Ann
Marie Caton (the Republic of Turkey
(Turkey)), and Charles DeFilippo (the
United Kingdom), AD/CVD Operations,
Offices II, V, VI, and VII, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5760, (202) 482–0176 or (202)
482–8180, (202) 482–1167 or (202) 482–
6250, (202) 482–0981, (202) 482–3860,
(202) 482–0197, (202) 482–4682 or (202)
482–2607, and (202) 482–3797,
respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On January 18, 2023, the U.S.
Department of Commerce (Commerce)
received antidumping duty (AD)
petitions concerning imports of tin mill
products from Canada, China, Germany,
the Netherlands, Korea, Taiwan, Turkey,
and the United Kingdom, filed in proper
form on behalf of Cleveland-Cliffs Inc.
and the United Steel, Paper and
Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union (the
petitioners), a domestic producer of tin
mill products and a certified union,
which represents the workers engaged
in the production of tin mill products in
the United States.1 These AD petitions
were accompanied by a countervailing
duty (CVD) petition concerning imports
of tin mill products from China.2
On January 23 and 31, and February
6, 2023, Commerce requested
supplemental information pertaining to
certain aspects of the Petitions.3 The
petitioners filed timely responses to
1 See Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Certain Tin Mill Products from
Canada, China, Germany, Netherlands, South
Korea, Taiwan, Turkey, and the United Kingdom,’’
dated January 18, 2023 (Petitions).
2 Id.
3 See Commerce’s Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Tin Mill Products from
Canada, the People’s Republic of China, Germany,
the Netherlands, the Republic of Korea, Taiwan, the
Republic of Turkey, and the United Kingdom:
Supplemental Questions,’’ dated January 23, 2023
(General Issues Supplemental Questionnaire); see
also Country-Specific Supplemental
Questionnaires: Canada Supplemental, China
Supplemental, Germany Supplemental,
Netherlands Supplemental, Korea Supplemental,
Taiwan Supplemental, Turkey Supplemental, and
United Kingdom Supplemental, dated January 23,
2023; Memorandum, ‘‘Phone Call with Counsel to
the Petitioners,’’ dated January 31, 2023; and
Memorandum, ‘‘Phone Call with Counsel to the
Petitioners,’’ dated February 7, 2023 (Scope
Memorandum).
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9481
these requests on January 27, 2023, and
February 1, 2023.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of tin mill products from Canada, China,
Germany, the Netherlands, Korea,
Taiwan, Turkey, and the United
Kingdom are being, or are likely to be,
sold in the United States at less than fair
value (LTFV) within the meaning of
section 731 of the Act, and that imports
of such products are materially injuring,
or threatening material injury to, the tin
mill products industry in the United
States. Consistent with section 732(b)(1)
of the Act, the Petitions are
accompanied by information reasonably
available to the petitioners supporting
their allegations.
Commerce finds that the petitioners
filed the Petition on behalf of the
domestic industry, because the
petitioners are interested parties, as
defined in sections 771(9)(C) and (D) of
the Act.5 Commerce also finds that the
petitioners demonstrated sufficient
industry support for the initiation of the
requested AD investigations.6
Periods of Investigations
Because the Petitions were filed on
January 18, 2023, pursuant to 19 CFR
351.204(b)(1), the period of
investigation (POI) for the Canada,
Germany, Netherlands, Korea, Taiwan,
Turkey, and United Kingdom AD
investigations is January 1, 2022,
through December 31, 2022. Because
China is a non-market economy (NME)
country, pursuant to 19 CFR
351.204(b)(1), the POI for the China AD
investigation is July 1, 2022, through
December 31, 2022.
Scope of the Investigations
The products covered by these
investigations are tin mill products from
Canada, China, Germany, Korea, the
Netherlands, Taiwan, Turkey, and the
United Kingdom. For a full description
of the scope of these investigations, see
the appendix to this notice.
4 See Petitioners’ Country-Specific Supplemental
Responses, dated January 27, 2023; see also
Petitioner’s Letters, ‘‘Tin Mill Products from
Canada, China, Germany, Netherlands, South
Korea, Taiwan, Turkey, and the United Kingdom/
Petitioners’ Response to Supplemental Volume I
Questionnaire,’’ dated January 27, 2023 (General
Issues Supplement); and ‘‘Tin Mill Products from
Canada, China, Germany, Netherlands, South
Korea, Taiwan, Turkey, and the United Kingdom/
Petitioners’ Response to Second Supplemental
Questionnaire,’’ dated February 1, 2023 (Second
General Issues Supplement).
5 See Petitions at Volume I (pages 1–4).
6 See infra, at section on ‘‘Determination of
Industry Support for the Petitions.’’
E:\FR\FM\14FEN1.SGM
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Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Notices
Comments on the Scope of the
Investigations
On January 23 and 31, and February
6, 2023, Commerce requested further
information and clarification from the
petitioners regarding the proposed
scope to ensure that the scope language
in the Petitions is an accurate reflection
of the products for which the domestic
industry is seeking relief.7 On January
27, and February 1 and 6, 2023, the
petitioners revised the scope.8 The
description of the merchandise covered
by these investigations, as described in
the appendix to this notice, reflects
these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period of time for interested
parties to raise issues regarding product
coverage (i.e., scope).9 Commerce will
consider all comments received from
interested parties and, if necessary, will
consult with interested parties prior to
the issuance of the preliminary
determinations. If scope comments
include factual information,10 all such
factual information should be limited to
public information. To facilitate
preparation of its questionnaires,
Commerce requests that all interested
parties submit such comments by 5:00
p.m. Eastern Time (ET) on February 27,
2023, which is 20 calendar days from
the signature date of this notice. Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on March 9, 2023, which
is ten calendar days from the initial
comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of the
investigations be submitted during that
period. However, if a party subsequently
finds that additional factual information
pertaining to the scope of the
investigations may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All such submissions must
be filed simultaneously on the records
of the concurrent AD and CVD
investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically using Enforcement
ddrumheller on DSK120RN23PROD with NOTICES
7 See
General Issues Supplemental Questionnaire
at 3–4; see also Scope Memorandum.
8 See First General Issues Supplement at 2–3 and
Exhibit I–S3; see also Second General Issues
Supplement at 2 and Exhibit I–2S2; and Scope
Memorandum.
9 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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and Compliance’s Antidumping Duty
and Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.11 An
electronically-filed document must be
received successfully in its entirety by
the time and date it is due.12
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of tin mill products to be reported in
response to Commerce’s AD
questionnaires. This information will be
used to identify the key physical
characteristics of the subject
merchandise in order to report the
relevant factors of production (FOP) or
costs of production (COP) accurately, as
well as to develop appropriate product
comparison criteria where appropriate.
Subsequent to the publication of this
notice, Commerce intends to release a
proposed list of physical characteristics
and product-comparison criteria, and
interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) general
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe tin
mill products, it may be that only a
select few product characteristics take
into account commercially meaningful
physical characteristics. In addition,
interested parties may comment on the
order in which the physical
characteristics should be used in
matching products. Generally,
Commerce attempts to list the most
important physical characteristics first
and the least important characteristics
last.
In order to consider the suggestions of
interested parties in developing and
11 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014) for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
12 See 19 CFR 351.303(b)(1).
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issuing the AD questionnaires,
Commerce intends to establish a
deadline for relevant comments and
submissions at the time it releases the
proposed list of physical characteristics
and product-comparison criteria. All
comments and submissions to
Commerce must be filed electronically
using ACCESS, as explained above, on
the record of each of the AD
investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 732(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
to determine whether a petition has the
requisite industry support, the Act
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC must apply the
same statutory definition regarding the
domestic like product,13 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
13 See
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section 771(10) of the Act.
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ddrumheller on DSK120RN23PROD with NOTICES
decision of either agency contrary to
law.14
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations.15 Based on our analysis
of the information submitted on the
record, we have determined that tin mill
products, as defined in the scope,
constitute a single domestic like
product, and we have analyzed industry
support in terms of that domestic like
product.16
In determining whether the
petitioners have standing under section
732(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided Cleveland-Cliffs’ production of
tin mill products in 2022 and estimated
the 2022 production of the remaining
U.S. producers of tin mill products.17
14 See USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d 865 F.2d 240 (Fed. Cir. 1989)).
15 See Petitions at Volume I (pages 20 and 22–25);
see also First General Issues Supplement at 1 and
Exhibit I–S1 (containing Tin- and ChromiumCoated Steel Sheet from Japan, Inv. Nos. 731–TA–
860 (Preliminary), USITC Pub. 3264 (December
1999), at 5; and Tin- and Chromium-Coated Steel
Sheet from Japan, Inv. No. 731–TA–860 (Third
Review), USITC Pub. 4795 (June 2018) (Tin Mill
Products Third Review), at 6); and Second General
Issues Supplement at 1 and Exhibit I–2S1
((containing Tin- and Chromium-Coated Steel Sheet
from Japan, Inv. No. 731–TA–860 (Final), USITC
Pub. 3337 (August 2000), at 5)).
16 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see, individually,
Antidumping Duty Investigation Initiation
Checklists, ‘‘Tin Mill Products from Canada, the
People’s Republic of China, Germany, the
Netherlands, the Republic of Korea, Taiwan, the
Republic of Turkey, and the United Kingdom,’’
dated concurrently with this notice (CountrySpecific AD Initiation Checklists), at Attachment II
(Analysis of Industry Support for the Antidumping
and Countervailing Duty Petitions Covering Tin
Mill Products from Canada, the People’s Republic
of China, Germany, the Netherlands, the Republic
of Korea, Taiwan, the Republic of Turkey and the
United Kingdom).
17 See Petitions at Volume I (pages 5–6 and
Exhibit I–5); see also First General Issues
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The petitioners stated that the USW
represents workers accounting for all
U.S. production of tin mill products,
and as such, the supporters of the
Petitions account for all U.S. production
of tin mill products.18 We relied on data
provided by the petitioners for purposes
of measuring industry support.19
On January 31, 2023, we received
comments on industry support from
United States Steel Corporation (U.S.
Steel), a U.S. producer of tin mill
products.20 On February 2, 2023, the
petitioners responded to the comments
from U.S. Steel.21
Our review of the data provided in the
Petitions, the First General Issues
Supplement, the Second General Issues
Supplement, the Petitioners Letter, and
other information readily available to
Commerce indicates that the petitioners
have established industry support for
the Petitions.22 First, the Petitions
established support from domestic
producers (or workers) accounting for
more than 50 percent of the total
production of the domestic like product
and, as such, Commerce is not required
to take further action in order to
evaluate industry support (e.g.,
polling).23 Second, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petitions
account for at least 25 percent of the
Supplement at 3–5 and Exhibit I–S4; Second
General Issues Supplement at 2 and Exhibit I–2S3;
and Petitioners’ Letter, ‘‘Tin Mill products from
Canada, China, Germany, Netherlands, South
Korea, Taiwan, Turkey, and the United Kingdom/
Petitioners’ Comments Regarding Industry
Support,’’ dated February 2, 2023 (Petitioners’
Letter).
18 See Petitions at Volume I (pages 2–6 and
Exhibits I–5 and I–10 through I–12); see also First
General Issues Supplement at 4–5.
19 See Petitions at Volume I (pages 2–6 and
Exhibits I–5 and I–10 through I–12); see also First
General Issues Supplement at 1, 3–5 and Exhibits
I–S1 (containing Tin Mill Products Third Review)
and I–S4; Second General Issues Supplement at 2
and Exhibit I–2S3; and Petitioners Letter. For
further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
20 See U.S. Steel’s Letter, ‘‘Tin Mill Products from
Canada, the People’s Republic of China, Germany,
the Netherlands, the Republic of Korea, Taiwan, the
Republic of Turkey, and the United Kingdom:
Comments on Industry Support,’’ dated January 31,
2023 (U.S. Steel Letter).
21 See Petitioners Letter.
22 See Petitions at Volume I (pages 4–6 and
Exhibits I–5 and I–10 through I–12); see also First
General Issues Supplement at 3–5 and Exhibits I–
S1 (containing Tin Mill Products Third Review) and
I–S4; Second General Issues Supplement at 2 and
Exhibit I–2S3; U.S. Steel Letter; and Petitioners
Letter. For further discussion, see Attachment II of
the Country-Specific AD Initiation Checklists.
23 See Attachment II of the Country-Specific AD
Initiation Checklists; see also section 732(c)(4)(D) of
the Act.
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9483
total production of the domestic like
product.24 Finally, the domestic
producers (or workers) have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.25 Accordingly, Commerce
determines that the Petitions were filed
on behalf of the domestic industry
within the meaning of section 732(b)(1)
of the Act.26
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
the petitioners allege that subject
imports exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.27
The petitioners contend that the
industry’s injured condition is
illustrated by the significant volume of
subject imports; declining market share;
underselling and price depression and/
or suppression; lost sales and revenues;
and adverse impact on the domestic
industry’s employment variables and
profitability.28 We assessed the
allegations and supporting evidence
regarding material injury, threat of
material injury, causation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence and
meet the statutory requirements for
initiation.29
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
24 See Attachment II of the Country-Specific AD
Initiation Checklists.
25 Id.
26 Id.
27 See Petitions at Volume I (pages 28–29 and
Exhibit I–26).
28 Id. at 25–48 and Exhibits I–3, I–5, I–9, I–19, and
I–25 through I–28; see also First General Issues
Supplement at 1, and 5–9 and Exhibits I–S1
(containing Tin Mill Products Third Review), I–S5,
and I–S8.
29 See Country-Specific AD Initiation Checklists
at Attachment III, Analysis of Allegations and
Evidence of Material Injury and Causation for the
Antidumping and Countervailing Duty Petitions
Covering Tin Mill Products from Canada, the
People’s Republic of China, Germany, the
Netherlands, the Republic of Korea, Taiwan, the
Republic of Turkey, and the United Kingdom
(Attachment III).
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AD investigations of imports of tin mill
products from Canada, China, Germany,
Korea, the Netherlands, Taiwan, Turkey,
and the United Kingdom. The sources of
data for the deductions and adjustments
relating to U.S. price and normal value
(NV) are discussed in greater detail in
the Country-Specific AD Initiation
Checklists.
U.S. Price
For Canada, China, Germany, the
Netherlands, Taiwan, Turkey, and the
United Kingdom, the petitioners based
export price (EP) on the POI average
unit values (AUVs) derived from official
U.S. import data for imports of tin mill
products produced in and exported
from each country. For the Netherlands,
Taiwan, and Turkey, the petitioners also
based EP on month- and port-specific
AUVs derived from official import data
and tied to ship manifest data obtained
from Datamyne. For Korea, the
petitioners based EP on month- and
port-specific AUVs derived from official
import data and tied to ship manifest
data obtained from Datamyne alone. The
petitioners made certain adjustments to
U.S. price to calculate a net ex-factory
U.S. price, where applicable.30
ddrumheller on DSK120RN23PROD with NOTICES
Normal Value 31
For Canada, Germany, Korea, the
Netherlands, Taiwan, Turkey, and the
United Kingdom, the petitioners were
unable to obtain home market prices for
tin mill products produced and sold in
the subject countries. Therefore, for
these countries, the petitioners based
NV on AUVs of publicly-available
export data for exports of tin mill
products from the subject countries to
third countries.32 For each of the
countries, the petitioners provided
information showing that the AUVs
were below the COP and, therefore, the
petitioners calculated NV based on
constructed value (CV).33 For further
discussion of CV, see the section
‘‘Normal Value Based on Constructed
Value.’’
Commerce considers China to be an
NME country.34 In accordance with
30 See Country-Specific AD Initiation Checklists
for Canada, Germany, Korea, the Netherlands,
Taiwan, Turkey, and the United Kingdom.
31 In accordance with section 773(b)(2) of the Act,
for these investigations, Commerce will request
information necessary to calculate the constructed
value and cost of production (COP) to determine
whether there are reasonable grounds to believe or
suspect that sales of the foreign like product have
been made at prices that represent less than the
COP of the product.
32 See Country-Specific AD Initiation Checklists
for Canada, Germany, Korea, the Netherlands,
Taiwan, Turkey, and the United Kingdom.
33 Id.
34 See Antidumping Duty Investigation of Certain
Aluminum Foil from the People’s Republic of
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section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat China as an NME
country for purposes of the initiation of
this investigation. Accordingly, NV in
China is appropriately based on FOPs
valued in surrogate market economy
countries, in accordance with section
773(c) of the Act.
The petitioners claim that Turkey is
an appropriate surrogate country for
China because Turkey is a market
economy country that is at a level of
economic development comparable to
that of China and is a significant
producer of identical merchandise.35
The petitioners provided publiclyavailable information from Turkey to
value all FOPs.36 Based on the
information provided by the petitioners,
we determine that it is appropriate to
use Turkey as a surrogate country for
initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
Because information regarding the
volume of inputs consumed by Chinese
producers/exporters was not reasonably
available, the petitioners used productspecific consumption rates from a U.S.
producer of tin mill products as a
surrogate to value Chinese
manufacturers’ FOPs.37 Additionally,
the petitioners calculated factory
overhead; selling, general and
administrative (SG&A) expenses; and
profit based on the experience of a
Turkish producer of identical
merchandise.38
Normal Value Based on Constructed
Value
As noted above, the petitioners
demonstrated that the third country
export AUVs for Canada, Germany,
Korea, the Netherlands, Taiwan, Turkey,
China: Affirmative Preliminary Determination of
Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861
(November 2, 2017), and accompanying Preliminary
Decision Memorandum, unchanged in Certain
Aluminum Foil from the People’s Republic of
China: Final Determination of Sales at Less Than
Fair Value, 83 FR 9282 (March 5, 2018).
35 See Country-Specific AD Initiation Checklists
for China.
36 Id.
37 Id.
38 Id.
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and the United Kingdom were below
COP. Accordingly, the petitioners based
NV on CV.39 Pursuant to section 773(e)
of the Act, the petitioners calculated CV
as the sum of the cost of manufacturing,
SG&A expenses, financial expenses, and
profit.40
In calculating the cost of
manufacturing, the petitioners relied on
the production experience and input
consumption rates of a U.S. producer of
tin mill products, valued using publiclyavailable information applicable to each
respective country.41 In calculating
SG&A expenses, financial expenses, and
profit ratios (where applicable), the
petitioners relied on the fiscal year
2021–2022 financial statements of a
producer of identical or comparable
merchandise domiciled in each
respective subject country, where
appropriate.42
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of tin mill products from
Canada, China, Germany, Korea, the
Netherlands, Taiwan, Turkey, and the
United Kingdom, are being, or are likely
to be, sold in the United States at LTFV.
Based on comparisons of EP to NV in
accordance with sections 772 and 773 of
the Act, the estimated dumping margins
for tin mill products for each of the
countries covered by this initiation are
as follows: (1) Canada—79.59 percent;
(2) China—122.52 percent; (3)
Germany—70.15 percent; (4) Korea—
13.28 to 110.50 percent; (5) the
Netherlands—125.10 to 296.04 percent;
(6) Taiwan—46.76 to 59.61 percent; (7)
Turkey—87.73 to 97.21 percent; and (8)
the United Kingdom—111.92 percent.43
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating AD investigations to
determine whether imports of tin mill
products from Canada, China, Germany,
Korea, the Netherlands, Taiwan, Turkey,
and the United Kingdom are being, or
are likely to be, sold in the United States
at LTFV. In accordance with section
733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determinations no
39 See Country-Specific AD Initiation Checklists
for Canada, Germany, Korea, the Netherlands,
Taiwan, Turkey, and the United Kingdom for
details of the calculations.
40 Id.
41 Id.
42 Id.
43 See Country-Specific AD Initiation Checklists
for details of the calculations.
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later than 140 days after the date of this
initiation.
regarding respondent selection within
20 days of publication of this notice.
Respondent Selection
Korea and Turkey
In the Petitions, the petitioners
identified three companies in Korea as
producers/exporters of tin mill products
and three companies in Turkey as
producers/exporters of tin mill
products.45 Following standard practice
in AD investigations involving market
economy countries, in the event
Commerce determines that the number
of exporters or producers is large such
that Commerce cannot individually
examine each company based on its
resources, where appropriate,
Commerce intends to select mandatory
respondents in these cases based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports under the
appropriate Harmonized Tariff Schedule
of the United States subheadings listed
in the ‘‘Scope of the Investigation,’’ in
the appendix.
On February 2, 2023, Commerce
released CBP data on imports of tin mill
products from Korea and Turkey under
administrative protective order (APO) to
all parties with access to information
protected by APO and indicated that
interested parties wishing to comment
on CBP data must do so within three
business days of the publication date of
the notice of initiation of these
investigations.46 Comments must be
filed electronically using ACCESS. An
electronically-filed document must be
received successfully in its entirety via
ACCESS by 5:00 p.m. ET on the
specified deadline. Commerce will not
accept rebuttal comments regarding the
CBP data or respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://enforcement.trade.gov/apo.
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Canada, Germany, the Netherlands,
Taiwan, and the United Kingdom
In the Petitions, the petitioners
identified one company in Canada as a
producer/exporter of tin mill products
(i.e., ArcelorMittal Dofasco G.P.), one
company in Germany as a producer/
exporter of tin mill products (i.e.,
ThyssenKrupp Rasselstein GmbH), two
companies in the Netherlands as
producers/exporters of tin mill products
(i.e., Tata Steel Netherlands and Tata
Steel Ijmuiden, B.V.), one company in
Taiwan as a producer/exporter of tin
mill products (i.e., Ton Yi Industrial
Corporation), and one company in the
United Kingdom as a producer/exporter
of tin mill products (i.e., Tata Steel UK
Limited), and provided independent
third-party information as support.44
We currently know of no additional
producers/exporters of tin mill products
from Canada, Germany, the
Netherlands, Taiwan, and the United
Kingdom.
Accordingly, Commerce intends to
individually examine all known
producers/exporters in the
investigations from these countries (i.e.,
the companies cited above). We invite
interested parties to comment on this
issue. Such comments may include
factual information within the meaning
of 19 CFR 351.102(b)(21). Parties
wishing to comment must do so within
three business days of the publication of
this notice in the Federal Register.
Comments must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Because
we intend to examine all known
producers/exporters in Canada,
Germany, the Netherlands, Taiwan, and
the United Kingdom, if no comments
are received or if comments received
further support the existence of these
sole producers/exporters in Canada,
Germany, the Netherlands, Taiwan, and
the United Kingdom, respectively, we
do not intend to conduct respondent
selection and will proceed to issuing the
initial AD questionnaires to the
companies identified. However, if
comments are received which create a
need for a respondent selection process,
we intend to finalize our decisions
44 See Petitions at Volume I (page 21 and Exhibit
I–21); see also Petitions at Volume II (Exhibit II–3);
Petitions at Volume IV (Exhibit IV–4); Petitions at
Volume V (Exhibit V–3); and First General Issues
Supplement at Exhibit I–S2.
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China
In the Petitions, the petitioners named
19 companies in China as producers
and/or exporters of tin mill products.47
In accordance with our standard
practice for respondent selection in AD
investigations involving NME countries,
45 See Petitions at Volume I (Exhibit I–21); see
also First General Issues Supplement at 1–2 and
Exhibits I–S2, S–6, and S–7; and Second General
Issues Supplement at 1–2.
46 See Memoranda, ‘‘Antidumping Duty Petition
on Imports of Tin Mill Products from the Republic
of Korea: Release of U.S. Customs and Border
Protection Data,’’ dated February 2, 2023; and
‘‘Antidumping Duty Petition on Imports of Tin Mill
Products from the Republic of Turkey: Release of
U.S. Customs and Border Protection Data,’’ dated
February 2, 2023.
47 See Petitions at Volume I (Exhibit I–21).
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Commerce selects respondents based on
quantity and value (Q&V)
questionnaires in cases where it has
determined that the number of
companies is large and it cannot
individually examine each company
based upon its resources. Therefore,
considering the number of producers
and/or exporters identified in the
Petitions, Commerce will solicit Q&V
information that can serve as a basis for
selecting exporters for individual
examination in the event that Commerce
decides to limit the number of
respondents individually examined
pursuant to section 777A(c)(2) of the
Act. Because there are 19 Chinese
producers and/or exporters identified in
the Petitions, Commerce has determined
that it will issue Q&V questionnaires to
each potential respondent for which the
petitioners have provided a complete
address.
In addition, Commerce will post the
Q&V questionnaires along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
tin mill products from China that do not
receive Q&V questionnaires may still
submit a response to the Q&V
questionnaire and can obtain a copy of
the Q&V questionnaire from
Commerce’s website. Additional
information on Q&V questionnaires can
be found on Commerce’s website at
https://enforcement.trade.gov/
questionnaires/questionnaires-ad.html.
In accordance with the standard
practice for respondent selection in AD
cases involving NME countries, in the
event Commerce decides to limit the
number of respondents individually
investigated, Commerce intends to base
respondent selection on the responses to
the Q&V questionnaire that it receives.
Responses to the Q&V questionnaire
must be submitted by the relevant
Chinese producers/exporters no later
than 5:00 p.m. ET on February 21, 2023,
which is two weeks from the signature
date of this notice. All Q&V
questionnaire responses must be filed
electronically via ACCESS. An
electronically-filed document must be
received successfully, in its entirety, by
ACCESS no later than 5:00 p.m. ET on
the deadline noted above.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://enforcement.trade.gov/apo.
Commerce intends to make its decisions
regarding respondent selection within
20 days of publication of this notice.
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produced by a firm that supplied the exporter
during the period of investigation.50
Separate Rates
In order to obtain separate rate status
in an NME investigation, exporters and
producers must submit a separate rate
application.48 The specific requirements
for submitting a separate rate
application in an NME investigation are
outlined in detail in the application
itself, which is available on Commerce’s
website at https://
enforcement.trade.gov/nme/nme-seprate.html. The separate rate application
will be due 30 days after publication of
this initiation notice.49 Exporters and
producers who submit a separate rate
application and have been selected as
mandatory respondents will be eligible
for consideration for separate rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from China
submit a response both to the Q&V
questionnaire and to the separate rate
application by the respective deadlines
in order to receive consideration for
separate rate status. Companies not
filing a timely Q&V questionnaire
response will not receive separate rate
consideration.
Use of Combination Rates
Commerce will calculate combination
rates for respondents that are eligible for
a separate rate in an NME investigation.
The Separate Rates and Combination
Rates Bulletin states:
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{w}hile continuing the practice of
assigning separate rates only to exporters, all
separate rates that {Commerce} will now
assign in its NME Investigation will be
specific to those producers that supplied the
exporter during the period of investigation.
Note, however, that one rate is calculated for
the exporter and all of the producers which
supplied subject merchandise to it during the
period of investigation. This practice applies
both to mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the {weighted average} of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
48 See Enforcement and Compliance’s Policy
Bulletin 05.1, regarding, ‘‘Separate-Rates Practice
and Application of Combination Rates in
Antidumping Investigation involving NME
Countries,’’ (April 5, 2005) (Policy Bulletin 05.1),
available at https://enforcement.trade.gov/policy/
bull05-1.pdf.
49 Although in past investigations this deadline
was 60 days, consistent with 19 CFR 351.301(a),
which states that ‘‘the Secretary may request any
person to submit factual information at any time
during a proceeding,’’ this deadline is now 30 days.
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Jkt 259001
Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the AD Petitions have been provided
to the governments of Canada, China,
Germany, the Netherlands, Korea,
Taiwan, Turkey, and the United
Kingdom via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the AD
Petitions to each exporter named in the
AD Petitions, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the AD Petitions were filed, whether
there is a reasonable indication that
imports of tin mill products from
Canada, China, Germany, the
Netherlands, Korea, Taiwan, Turkey,
and/or the United Kingdom, are
materially injuring, or threatening
material injury to, a U.S. industry.51 A
negative ITC determination for any
country will result in the investigation
being terminated with respect to that
country.52 Otherwise, these AD
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors under 19
CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 53 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
50 See
51 See
Policy Bulletin 05.1 at 6 (emphasis added).
section 733(a) of the Act.
correct.54 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in this
investigation.
Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation (PMS) for purposes of CV,
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act, Commerce
will respond to such a submission
consistent with 19 CFR 351.301(c)(2)(v).
If Commerce finds that a PMS exists
under section 773(e) of the Act, then it
will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), sets a deadline
for the submission of PMS allegations
and supporting factual information.
However, in order to administer section
773(e) of the Act, Commerce must
receive PMS allegations and supporting
factual information with enough time to
consider the submission. Thus, should
an interested party wish to submit a
PMS allegation and supporting new
factual information pursuant to section
773(e) of the Act, it must do so no later
than 20 days after submission of a
respondent’s initial response to section
D of the AD questionnaire.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301.
For submissions that are due from
multiple parties simultaneously, an
extension request will be considered
untimely if it is filed after 10:00 a.m. ET
on the due date. Under certain
circumstances, Commerce may elect to
specify a different time limit by which
extension requests will be considered
untimely for submissions which are due
52 Id.
53 See
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54 See
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19 CFR 351.301(b)(2).
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from multiple parties simultaneously. In
such a case, Commerce will inform
parties in a letter or memorandum of the
deadline (including a specified time) by
which extension requests must be filed
to be considered timely. An extension
request must be made in a separate,
stand-alone submission; under limited
circumstances, Commerce will grant
untimely-filed requests for the extension
of time limits. Parties should review
Commerce’s regulations concerning the
extension of time limits and the Time
Limits Final Rule prior to submitting
factual information in these
investigations.55
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.56
Parties must use the certification
formats provided in 19 CFR
351.303(g).57 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
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Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letter of appearance). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.58
This notice is issued and published
pursuant to sections 732(c)(2) and 777(i)
of the Act, and 19 CFR 351.203(c).
55 See 19 CFR 351.302; see also, e.g., Extension
of Time Limits; Final Rule, 78 FR 57790 (September
20, 2013) (Time Limits Final Rule), available at
https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/
2013-22853.htm.
56 See section 782(b) of the Act.
57 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Answers to frequently asked
questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
58 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
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20:12 Feb 13, 2023
Jkt 259001
Dated: February 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Investigations
The products within the scope of these
investigations are tin mill flat-rolled products
that are coated or plated with tin, chromium,
or chromium oxides. Flat-rolled steel
products coated with tin are known as
tinplate. Flat-rolled steel products coated
with chromium or chromium oxides are
known as tin-free steel or electrolytic
chromium-coated steel. The scope includes
all the noted tin mill products regardless of
thickness, width, form (in coils or cut sheets),
coating type (electrolytic or otherwise), edge
(trimmed, untrimmed or further processed,
such as scroll cut), coating thickness, surface
finish, temper, coating metal (tin, chromium,
chromium oxide), reduction (single- or
double-reduced), and whether or not coated
with a plastic material.
All products that meet the written physical
description are within the scope of these
investigations unless specifically excluded.
The following products are outside and/or
specifically excluded from the scope of these
investigations:
• Single reduced electrolytically
chromium coated steel with a thickness 0.238
mm (85 pound base box) (±10%) or 0.251 mm
(90 pound base box) (±10%) or 0.255 mm
(±10%) with 770 mm (minimum width)
(±1.588 mm) by 900 mm (maximum length if
sheared) sheet size or 30.6875 inches
(minimum width) (±1⁄16 inch) and 35.4 inches
(maximum length if sheared) sheet size; with
type MR or higher (per ASTM) A623 steel
chemistry; batch annealed at T2 1⁄2 anneal
temper, with a yield strength of 31 to 42 kpsi
(214 to 290 Mpa); with a tensile strength of
43 to 58 kpsi (296 to 400 Mpa); with a
chrome coating restricted to 32 to 150 mg/m2;
with a chrome oxide coating restricted to 6
to 25 mg/m2 with a modified 7B ground roll
finish or blasted roll finish; with roughness
average (Ra) 0.10 to 0.35 micrometers,
measured with a stylus instrument with a
stylus radius of 2 to 5 microns, a trace length
of 5.6 mm, and a cut-off of 0.8 mm, and the
measurement traces shall be made
perpendicular to the rolling direction; with
an oil level of 0.17 to 0.37 grams/base box as
type BSO, or 2.5 to 5.5 mg/m2 as type DOS,
or 3.5 to 6.5 mg/m2 as type ATBC; with
electrical conductivity of static probe voltage
drop of 0.46 volts drop maximum, and with
electrical conductivity degradation to 0.70
volts drop maximum after stoving (heating to
400 degrees F for 100 minutes followed by
a cool to room temperature).
• Single reduced electrolytically
chromium- or tin-coated steel in the gauges
of 0.0040 inch nominal, 0.0045 inch nominal,
0.0050 inch nominal, 0.0061 inch nominal
(55 pound base box weight), 0.0066 inch
nominal (60 pound base box weight), and
0.0072 inch nominal (65 pound base box
weight), regardless of width, temper, finish,
coating or other properties.
• Single reduced electrolytically
chromium coated steel in the gauge of 0.024
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inch, with widths of 27.0 inches or 31.5
inches, and with T–1 temper properties.
• Single reduced electrolytically
chromium coated steel, with a chemical
composition of 0.005% max carbon, 0.030%
max silicon, 0.25% max manganese, 0.025%
max phosphorous, 0.025% max sulfur
0.070% max aluminum, and the balance iron,
with a metallic chromium layer of 70–130
mg/m2, with a chromium oxide layer of 5–
30 mg/m2, with a tensile strength of 260–440
N/mm2, with an elongation of 28–48%, with
a hardness (HR–30T) of 40–58, with a surface
roughness of 0.5–1.5 microns Ra, with
magnetic properties of Bm (kg) 10.0
minimum, Br (kg) 8.0 minimum, Hc (Oe) 2.5–
3.8, and MU 1400 minimum, as measured
with a Riken Denshi DC magnetic
characteristic measuring machine, Model
BHU–60.
• Bright finish tin-coated sheet with a
thickness equal to or exceeding 0.0299 inch,
coated to thickness of 3⁄4 pound (0.000045
inch) and 1 pound (0.00006 inch).
• Electrolytically chromium coated steel
having ultra flat shape defined as oil can
maximum depth of 5⁄64 inch (2.0 mm) and
edge wave maximum of 5⁄64 inch (2.0 mm)
and no wave to penetrate more than 2.0
inches (51.0 mm) from the strip edge and
coilset or curling requirements of average
maximum of 5⁄64 inch (2.0 mm) (based on six
readings, three across each cut edge of a 24
inches (61 cm) long sample with no single
reading exceeding 4⁄32 inch (3.2 mm) and no
more than two readings at 4⁄32 inch (3.2 mm))
and (for 85 pound base box item only:
crossbuckle maximums of 0.001 inch (0.0025
mm) average having no reading above 0.005
inch (0.127 mm)), with a camber maximum
of 1⁄4 inch (6.3 mm) per 20 feet (6.1 meters),
capable of being bent 120 degrees on a 0.002
inch radius without cracking, with a
chromium coating weight of metallic
chromium at 100 mg/m2 and chromium
oxide of 10 mg/m2, with a chemistry of
0.13% maximum carbon, 0.60% maximum
manganese, 0.15% maximum silicon, 0.20%
maximum copper, 0.04% maximum
phosphorous, 0.05% maximum sulfur, and
0.20% maximum aluminum, with a surface
finish of Stone Finish 7C, with a DOS–A oil
at an aim level of 2 mg/square meter, with
not more than 15 inclusions/foreign matter in
15 feet (4.6 meters) (with inclusions not to
exceed 1⁄32 inch (0.8 mm) in width and 3⁄64
inch (1.2 mm) in length), with thickness/
temper combinations of either 60 pound base
box (0.0066 inch) double reduced CADR8
temper in widths of 25.00 inches, 27.00
inches, 27.50 inches, 28.00 inches, 28.25
inches, 28.50 inches, 29.50 inches, 29.75
inches, 30.25 inches, 31.00 inches, 32.75
inches, 33.75 inches, 35.75 inches, 36.25
inches, 39.00 inches, or 43.00 inches, or 85
pound base box (0.0094 inch) single reduced
CAT4 temper in widths of 25.00 inches,
27.00 inches, 28.00 inches, 30.00 inches,
33.00 inches, 33.75 inches, 35.75 inches,
36.25 inches, or 43.00 inches, with width
tolerance of 1⁄8 inch, with a thickness
tolerance of 0.0005 inch, with a maximum
coil weight of 20,000 pounds (9071.0 kg),
with a minimum coil weight of 18,000
pounds (8164.8 kg), with a coil inside
diameter of 16 inches (40.64 cm) with a steel
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core, with a coil maximum outside diameter
of 59.5 inches (151.13 cm), with a maximum
of one weld (identified with a paper flag) per
coil, with a surface free of scratches, holes,
and rust.
• Electrolytically tin coated steel having
differential coating with 1.00 pound/base box
equivalent on the heavy side, with varied
coating equivalents in the lighter side
(detailed below), with a continuous cast steel
chemistry of type MR, with a surface finish
of type 7B or 7C, with a surface passivation
of 0.7 mg/square foot of chromium applied as
a cathodic dichromate treatment, with coil
form having restricted oil film weights of
0.3–0.4 grams/base box of type DOS–A oil,
coil inside diameter ranging from 15.5 to 17
inches, coil outside diameter of a maximum
64 inches, with a maximum coil weight of
25,000 pounds, and with temper/coating/
dimension combinations of: (1) CAT4
temper, 1.00/.050 pound/base box coating, 70
pound/base box (0.0077 inch) thickness, and
33.1875 inch ordered width; or (2) CAT5
temper, 1.00/0.50 pound/base box coating, 75
pound/base box (0.0082 inch) thickness, and
34.9375 inch or 34.1875 inch ordered width;
or (3) CAT5 temper, 1.00/0.50 pound/base
box coating, 107 pound/base box (0.0118
inch) thickness, and 30.5625 inch or 35.5625
inch ordered width; or (4) CADR8 temper,
1.00/0.50 pound/base box coating, 85 pound/
base box (0.0093 inch) thickness, and
35.5625 inch ordered width; or (5) CADR8
temper, 1.00/0.25 pound/base box coating, 60
pound/base box (0.0066 inch) thickness, and
35.9375 inch ordered width; or (6) CADR8
temper, 1.00/0.25 pound/base box coating, 70
pound/base box (0.0077 inch) thickness, and
32.9375 inch, 33.125 inch, or 35.1875 inch
ordered width.
• Electrolytically tin coated steel having
differential coating with 1.00 pound/base box
equivalent on the heavy side, with varied
coating equivalents on the lighter side
(detailed below), with a continuous cast steel
chemistry of type MR, with a surface finish
of type 7B or 7C, with a surface passivation
of 0.5 mg/square foot of chromium applied as
a cathodic dichromate treatment, with ultra
flat scroll cut sheet form, with CAT5 temper
with 1.00/0.10 pound/base box coating, with
a lithograph logo printed in a uniform pattern
on the 0.10 pound coating side with a clear
protective coat, with both sides waxed to a
level of 15–20 mg/216 sq. inch, with ordered
dimension combinations of (1) 75 pound/
base box (0.0082 inch) thickness and 34.9375
inch x 31.748 inch scroll cut dimensions; or
(2) 75 pound/base box (0.0082 inch)
thickness and 34.1875 inch x 29.076 inch
scroll cut dimensions; or (3) 107 pound/base
box (0.0118 inch) thickness and 30.5625 inch
x 34.125 inch scroll cut dimension.
• Tin-free steel coated with a metallic
chromium layer between 100–200 mg/m2 and
a chromium oxide layer between 5–30 mg/
m2; chemical composition of 0.05%
maximum carbon, 0.03% maximum silicon,
0.60% maximum manganese, 0.02%
maximum phosphorous, and 0.02%
maximum sulfur; magnetic flux density (Br)
of 10 kg minimum and a coercive force (Hc)
of 3.8 Oe minimum.
• Tin-free steel laminated on one or both
sides of the surface with a polyester film,
VerDate Sep<11>2014
20:12 Feb 13, 2023
Jkt 259001
consisting of two layers (an amorphous layer
and an outer crystal layer), that contains no
more than the indicated amounts of the
following environmental hormones: 1 mg/kg
BADGE (BisPhenol—A Di-glycidyl Ether), 1
mg/kg BFDGE (BisPhenol—F Di-glycidyl
Ether), and 3 mg/kg BPA (BisPhenol—A).
The merchandise subject to these
investigations is currently classified in the
Harmonized Tariff Schedule of the United
States (HTSUS), under HTSUS subheadings
7210.11.0000, 7210.12.0000, 7210.50.0020,
7210.50.0090, 7212.10.0000, and
7212.50.0000 if of non-alloy steel and under
HTSUS subheadings 7225.99.0090, and
7226.99.0180 if of alloy steel. Although the
subheadings are provided for convenience
and customs purposes, the written
description of the scope of the investigations
is dispositive.
[FR Doc. 2023–03085 Filed 2–13–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Open Meetings of the Internet of
Things Advisory Board
National Institute of Standards
and Technology (NIST).
ACTION: Notice of open meetings.
AGENCY:
The Internet of Things (IoT)
Advisory Board will meet Tuesday,
March 7, 2023; Tuesday, April 18, 2023
and Wednesday, April 19, 2023; and
Tuesday, May 16, 2023 and Wednesday,
May 17, 2023 from 11:00 a.m. until 5:00
p.m., Eastern Time. All sessions will be
open to the public.
DATES: The meetings will be held on
Tuesday, March 7, 2023; Tuesday, April
18, 2023 and Wednesday, April 19,
2023; and Tuesday, May 16, 2023 and
Wednesday, May 17, 2023 from 11:00
a.m. until 5:00 p.m., Eastern Time.
ADDRESSES: The meetings in March and
May will be virtual meetings via Webex
webcast hosted by the National
Cybersecurity Center of Excellence
(NCCoE) at NIST. The meeting in April
2023 will be hybrid with in-person
seating at the NCCoE as well as a virtual
option via Webex webcast, also hosted
by the NCCoE. Please note registration
instructions under the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Barbara Cuthill, Information Technology
Laboratory, National Institute of
Standards and Technology, Telephone:
(301) 975–3273, Email address:
barbara.cuthill@nist.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to the Federal Advisory Committee Act,
as amended, 5 U.S.C. app., notice is
hereby given that the IoT Advisory
SUMMARY:
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
Board will hold open meetings on
Tuesday, March 7, 2023 Tuesday, April
18, 2023, Wednesday, April 19, 2023,
Tuesday, May 16, 2023 and Wednesday,
May 17, 2023 from 11:00 a.m. until 5:00
p.m., Eastern Time. All sessions will be
open to the public. The IoT Advisory
Board is authorized by section
9204(b)(5) of the William M. (Mac)
Thornberry National Defense
Authorization Act for Fiscal Year 2021
(Pub. L. 116–283) and advises the IoT
Federal Working Group convened by the
Secretary of Commerce pursuant to
section 9204(b)(1) of the Act on matters
related to the Federal Working Group’s
activities. Details regarding the IoT
Advisory Board’s activities are available
at https://www.nist.gov/itl/appliedcybersecurity/nist-cybersecurity-iotprogram/internet-things-advisory-board.
The agenda for the March meeting is
expected to focus on establishing
consensus on the outline of the IoT
Advisory Board’s report and data
gathering framework.
The agendas for the April and May
meetings will focus on discussion of
specific focus areas for the report cited
in the legislation and the charter:
• Smart traffic and transit technologies
• Augmented logistics and supply
chains
• Sustainable infrastructure
• Precision agriculture
• Environmental monitoring
• Public safety
• Health care
In addition, the IoT Advisory Board
may discuss other elements called for in
the report:
• whether adequate spectrum is
available to support the growing
Internet of Things and what legal or
regulatory barriers may exist to
providing any spectrum needed in the
future;
• policies, programs, or multistakeholder activities that—
Æ promote or are related to the
privacy of individuals who use or are
affected by the Internet of Things;
Æ may enhance the security of the
Internet of Things, including the
security of critical infrastructure;
Æ may protect users of the Internet of
Things; and
Æ may encourage coordination among
Federal agencies with jurisdiction over
the Internet of Things.
Note that agenda items may change
without notice. The final agendas will
be posted on the IoT Advisory Board
web page: https://www.nist.gov/itl/
applied-cybersecurity/nistcybersecurity-iot-program/internetthings-advisory-board.
Public Participation: Written
comments from the public are invited
E:\FR\FM\14FEN1.SGM
14FEN1
]]>Agencies
[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9481-9488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03085]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-869, A-570-150, A-428-851, A-580-915, A-421-816, A-583-870, A-
489-848, A-412-827]
Tin Mill Products From Canada, the People's Republic of China,
Germany, the Netherlands, the Republic of Korea, Taiwan, the Republic
of Turkey, and the United Kingdom: Initiation of Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun (Canada), Emily Halle or
Samuel Frost (the People's Republic of China (China)), George McMahon
or Carolyn Adie (Germany); Jacob Saude (the Republic of Korea (Korea)),
Brittany Bauer (the Netherlands), Elfi Blum (Taiwan), Alice Maldonado
or Ann Marie Caton (the Republic of Turkey (Turkey)), and Charles
DeFilippo (the United Kingdom), AD/CVD Operations, Offices II, V, VI,
and VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5760, (202) 482-0176 or
(202) 482-8180, (202) 482-1167 or (202) 482-6250, (202) 482-0981, (202)
482-3860, (202) 482-0197, (202) 482-4682 or (202) 482-2607, and (202)
482-3797, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On January 18, 2023, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of tin mill
products from Canada, China, Germany, the Netherlands, Korea, Taiwan,
Turkey, and the United Kingdom, filed in proper form on behalf of
Cleveland-Cliffs Inc. and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union (the petitioners), a domestic producer of tin mill
products and a certified union, which represents the workers engaged in
the production of tin mill products in the United States.\1\ These AD
petitions were accompanied by a countervailing duty (CVD) petition
concerning imports of tin mill products from China.\2\
---------------------------------------------------------------------------
\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Tin Mill
Products from Canada, China, Germany, Netherlands, South Korea,
Taiwan, Turkey, and the United Kingdom,'' dated January 18, 2023
(Petitions).
\2\ Id.
---------------------------------------------------------------------------
On January 23 and 31, and February 6, 2023, Commerce requested
supplemental information pertaining to certain aspects of the
Petitions.\3\ The petitioners filed timely responses to these requests
on January 27, 2023, and February 1, 2023.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Tin Mill
Products from Canada, the People's Republic of China, Germany, the
Netherlands, the Republic of Korea, Taiwan, the Republic of Turkey,
and the United Kingdom: Supplemental Questions,'' dated January 23,
2023 (General Issues Supplemental Questionnaire); see also Country-
Specific Supplemental Questionnaires: Canada Supplemental, China
Supplemental, Germany Supplemental, Netherlands Supplemental, Korea
Supplemental, Taiwan Supplemental, Turkey Supplemental, and United
Kingdom Supplemental, dated January 23, 2023; Memorandum, ``Phone
Call with Counsel to the Petitioners,'' dated January 31, 2023; and
Memorandum, ``Phone Call with Counsel to the Petitioners,'' dated
February 7, 2023 (Scope Memorandum).
\4\ See Petitioners' Country-Specific Supplemental Responses,
dated January 27, 2023; see also Petitioner's Letters, ``Tin Mill
Products from Canada, China, Germany, Netherlands, South Korea,
Taiwan, Turkey, and the United Kingdom/Petitioners' Response to
Supplemental Volume I Questionnaire,'' dated January 27, 2023
(General Issues Supplement); and ``Tin Mill Products from Canada,
China, Germany, Netherlands, South Korea, Taiwan, Turkey, and the
United Kingdom/Petitioners' Response to Second Supplemental
Questionnaire,'' dated February 1, 2023 (Second General Issues
Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of tin mill
products from Canada, China, Germany, the Netherlands, Korea, Taiwan,
Turkey, and the United Kingdom are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the tin mill
products industry in the United States. Consistent with section
732(b)(1) of the Act, the Petitions are accompanied by information
reasonably available to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petition on behalf of
the domestic industry, because the petitioners are interested parties,
as defined in sections 771(9)(C) and (D) of the Act.\5\ Commerce also
finds that the petitioners demonstrated sufficient industry support for
the initiation of the requested AD investigations.\6\
---------------------------------------------------------------------------
\5\ See Petitions at Volume I (pages 1-4).
\6\ See infra, at section on ``Determination of Industry Support
for the Petitions.''
---------------------------------------------------------------------------
Periods of Investigations
Because the Petitions were filed on January 18, 2023, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for the Canada,
Germany, Netherlands, Korea, Taiwan, Turkey, and United Kingdom AD
investigations is January 1, 2022, through December 31, 2022. Because
China is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the POI for the China AD investigation is July 1, 2022,
through December 31, 2022.
Scope of the Investigations
The products covered by these investigations are tin mill products
from Canada, China, Germany, Korea, the Netherlands, Taiwan, Turkey,
and the United Kingdom. For a full description of the scope of these
investigations, see the appendix to this notice.
[[Page 9482]]
Comments on the Scope of the Investigations
On January 23 and 31, and February 6, 2023, Commerce requested
further information and clarification from the petitioners regarding
the proposed scope to ensure that the scope language in the Petitions
is an accurate reflection of the products for which the domestic
industry is seeking relief.\7\ On January 27, and February 1 and 6,
2023, the petitioners revised the scope.\8\ The description of the
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Supplemental Questionnaire at 3-4; see
also Scope Memorandum.
\8\ See First General Issues Supplement at 2-3 and Exhibit I-S3;
see also Second General Issues Supplement at 2 and Exhibit I-2S2;
and Scope Memorandum.
---------------------------------------------------------------------------
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period of time for interested parties to raise issues
regarding product coverage (i.e., scope).\9\ Commerce will consider all
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that all interested parties submit such comments by
5:00 p.m. Eastern Time (ET) on February 27, 2023, which is 20 calendar
days from the signature date of this notice. Any rebuttal comments,
which may include factual information, must be filed by 5:00 p.m. ET on
March 9, 2023, which is ten calendar days from the initial comment
deadline.
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed simultaneously on the records of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically-filed document must be received
successfully in its entirety by the time and date it is due.\12\
---------------------------------------------------------------------------
\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at https://access.trade.gov/help.aspx and a
handbook can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
\12\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of tin mill products to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant factors of
production (FOP) or costs of production (COP) accurately, as well as to
develop appropriate product comparison criteria where appropriate.
Subsequent to the publication of this notice, Commerce intends to
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information
or comments that they feel are relevant to the development of an
accurate list of physical characteristics. Specifically, they may
provide comments as to which characteristics are appropriate to use as:
(1) general product characteristics; and (2) product comparison
criteria. We note that it is not always appropriate to use all product
characteristics as product comparison criteria. We base product
comparison criteria on meaningful commercial differences among
products. In other words, although there may be some physical product
characteristics utilized by manufacturers to describe tin mill
products, it may be that only a select few product characteristics take
into account commercially meaningful physical characteristics. In
addition, interested parties may comment on the order in which the
physical characteristics should be used in matching products.
Generally, Commerce attempts to list the most important physical
characteristics first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, Commerce intends to
establish a deadline for relevant comments and submissions at the time
it releases the proposed list of physical characteristics and product-
comparison criteria. All comments and submissions to Commerce must be
filed electronically using ACCESS, as explained above, on the record of
each of the AD investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the Act directs
Commerce to look to producers and workers who produce the domestic like
product. The U.S. International Trade Commission (ITC), which is
responsible for determining whether ``the domestic industry'' has been
injured, must also determine what constitutes a domestic like product
in order to define the industry. While both Commerce and the ITC must
apply the same statutory definition regarding the domestic like
product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the
[[Page 9483]]
decision of either agency contrary to law.\14\
---------------------------------------------------------------------------
\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
---------------------------------------------------------------------------
Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\15\ Based on our analysis of the information
submitted on the record, we have determined that tin mill products, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\16\
---------------------------------------------------------------------------
\15\ See Petitions at Volume I (pages 20 and 22-25); see also
First General Issues Supplement at 1 and Exhibit I-S1 (containing
Tin- and Chromium-Coated Steel Sheet from Japan, Inv. Nos. 731-TA-
860 (Preliminary), USITC Pub. 3264 (December 1999), at 5; and Tin-
and Chromium-Coated Steel Sheet from Japan, Inv. No. 731-TA-860
(Third Review), USITC Pub. 4795 (June 2018) (Tin Mill Products Third
Review), at 6); and Second General Issues Supplement at 1 and
Exhibit I-2S1 ((containing Tin- and Chromium-Coated Steel Sheet from
Japan, Inv. No. 731-TA-860 (Final), USITC Pub. 3337 (August 2000),
at 5)).
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see, individually, Antidumping Duty Investigation Initiation
Checklists, ``Tin Mill Products from Canada, the People's Republic
of China, Germany, the Netherlands, the Republic of Korea, Taiwan,
the Republic of Turkey, and the United Kingdom,'' dated concurrently
with this notice (Country-Specific AD Initiation Checklists), at
Attachment II (Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Tin Mill Products from
Canada, the People's Republic of China, Germany, the Netherlands,
the Republic of Korea, Taiwan, the Republic of Turkey and the United
Kingdom).
---------------------------------------------------------------------------
In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
Cleveland-Cliffs' production of tin mill products in 2022 and estimated
the 2022 production of the remaining U.S. producers of tin mill
products.\17\ The petitioners stated that the USW represents workers
accounting for all U.S. production of tin mill products, and as such,
the supporters of the Petitions account for all U.S. production of tin
mill products.\18\ We relied on data provided by the petitioners for
purposes of measuring industry support.\19\
---------------------------------------------------------------------------
\17\ See Petitions at Volume I (pages 5-6 and Exhibit I-5); see
also First General Issues Supplement at 3-5 and Exhibit I-S4; Second
General Issues Supplement at 2 and Exhibit I-2S3; and Petitioners'
Letter, ``Tin Mill products from Canada, China, Germany,
Netherlands, South Korea, Taiwan, Turkey, and the United Kingdom/
Petitioners' Comments Regarding Industry Support,'' dated February
2, 2023 (Petitioners' Letter).
\18\ See Petitions at Volume I (pages 2-6 and Exhibits I-5 and
I-10 through I-12); see also First General Issues Supplement at 4-5.
\19\ See Petitions at Volume I (pages 2-6 and Exhibits I-5 and
I-10 through I-12); see also First General Issues Supplement at 1,
3-5 and Exhibits I-S1 (containing Tin Mill Products Third Review)
and I-S4; Second General Issues Supplement at 2 and Exhibit I-2S3;
and Petitioners Letter. For further discussion, see Attachment II of
the Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
On January 31, 2023, we received comments on industry support from
United States Steel Corporation (U.S. Steel), a U.S. producer of tin
mill products.\20\ On February 2, 2023, the petitioners responded to
the comments from U.S. Steel.\21\
---------------------------------------------------------------------------
\20\ See U.S. Steel's Letter, ``Tin Mill Products from Canada,
the People's Republic of China, Germany, the Netherlands, the
Republic of Korea, Taiwan, the Republic of Turkey, and the United
Kingdom: Comments on Industry Support,'' dated January 31, 2023
(U.S. Steel Letter).
\21\ See Petitioners Letter.
---------------------------------------------------------------------------
Our review of the data provided in the Petitions, the First General
Issues Supplement, the Second General Issues Supplement, the
Petitioners Letter, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\22\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\23\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\24\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\25\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\26\
---------------------------------------------------------------------------
\22\ See Petitions at Volume I (pages 4-6 and Exhibits I-5 and
I-10 through I-12); see also First General Issues Supplement at 3-5
and Exhibits I-S1 (containing Tin Mill Products Third Review) and I-
S4; Second General Issues Supplement at 2 and Exhibit I-2S3; U.S.
Steel Letter; and Petitioners Letter. For further discussion, see
Attachment II of the Country-Specific AD Initiation Checklists.
\23\ See Attachment II of the Country-Specific AD Initiation
Checklists; see also section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\25\ Id.
\26\ Id.
---------------------------------------------------------------------------
Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\
---------------------------------------------------------------------------
\27\ See Petitions at Volume I (pages 28-29 and Exhibit I-26).
---------------------------------------------------------------------------
The petitioners contend that the industry's injured condition is
illustrated by the significant volume of subject imports; declining
market share; underselling and price depression and/or suppression;
lost sales and revenues; and adverse impact on the domestic industry's
employment variables and profitability.\28\ We assessed the allegations
and supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence and
meet the statutory requirements for initiation.\29\
---------------------------------------------------------------------------
\28\ Id. at 25-48 and Exhibits I-3, I-5, I-9, I-19, and I-25
through I-28; see also First General Issues Supplement at 1, and 5-9
and Exhibits I-S1 (containing Tin Mill Products Third Review), I-S5,
and I-S8.
\29\ See Country-Specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Tin Mill Products from Canada, the People's Republic of
China, Germany, the Netherlands, the Republic of Korea, Taiwan, the
Republic of Turkey, and the United Kingdom (Attachment III).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate
[[Page 9484]]
AD investigations of imports of tin mill products from Canada, China,
Germany, Korea, the Netherlands, Taiwan, Turkey, and the United
Kingdom. The sources of data for the deductions and adjustments
relating to U.S. price and normal value (NV) are discussed in greater
detail in the Country-Specific AD Initiation Checklists.
U.S. Price
For Canada, China, Germany, the Netherlands, Taiwan, Turkey, and
the United Kingdom, the petitioners based export price (EP) on the POI
average unit values (AUVs) derived from official U.S. import data for
imports of tin mill products produced in and exported from each
country. For the Netherlands, Taiwan, and Turkey, the petitioners also
based EP on month- and port-specific AUVs derived from official import
data and tied to ship manifest data obtained from Datamyne. For Korea,
the petitioners based EP on month- and port-specific AUVs derived from
official import data and tied to ship manifest data obtained from
Datamyne alone. The petitioners made certain adjustments to U.S. price
to calculate a net ex-factory U.S. price, where applicable.\30\
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\30\ See Country-Specific AD Initiation Checklists for Canada,
Germany, Korea, the Netherlands, Taiwan, Turkey, and the United
Kingdom.
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Normal Value 31
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\31\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value and cost of production (COP) to
determine whether there are reasonable grounds to believe or suspect
that sales of the foreign like product have been made at prices that
represent less than the COP of the product.
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For Canada, Germany, Korea, the Netherlands, Taiwan, Turkey, and
the United Kingdom, the petitioners were unable to obtain home market
prices for tin mill products produced and sold in the subject
countries. Therefore, for these countries, the petitioners based NV on
AUVs of publicly-available export data for exports of tin mill products
from the subject countries to third countries.\32\ For each of the
countries, the petitioners provided information showing that the AUVs
were below the COP and, therefore, the petitioners calculated NV based
on constructed value (CV).\33\ For further discussion of CV, see the
section ``Normal Value Based on Constructed Value.''
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\32\ See Country-Specific AD Initiation Checklists for Canada,
Germany, Korea, the Netherlands, Taiwan, Turkey, and the United
Kingdom.
\33\ Id.
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Commerce considers China to be an NME country.\34\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
China is appropriately based on FOPs valued in surrogate market economy
countries, in accordance with section 773(c) of the Act.
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\34\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and
accompanying Preliminary Decision Memorandum, unchanged in Certain
Aluminum Foil from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5,
2018).
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The petitioners claim that Turkey is an appropriate surrogate
country for China because Turkey is a market economy country that is at
a level of economic development comparable to that of China and is a
significant producer of identical merchandise.\35\ The petitioners
provided publicly-available information from Turkey to value all
FOPs.\36\ Based on the information provided by the petitioners, we
determine that it is appropriate to use Turkey as a surrogate country
for initiation purposes.
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\35\ See Country-Specific AD Initiation Checklists for China.
\36\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioners used product-specific consumption rates from a U.S.
producer of tin mill products as a surrogate to value Chinese
manufacturers' FOPs.\37\ Additionally, the petitioners calculated
factory overhead; selling, general and administrative (SG&A) expenses;
and profit based on the experience of a Turkish producer of identical
merchandise.\38\
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\37\ Id.
\38\ Id.
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Normal Value Based on Constructed Value
As noted above, the petitioners demonstrated that the third country
export AUVs for Canada, Germany, Korea, the Netherlands, Taiwan,
Turkey, and the United Kingdom were below COP. Accordingly, the
petitioners based NV on CV.\39\ Pursuant to section 773(e) of the Act,
the petitioners calculated CV as the sum of the cost of manufacturing,
SG&A expenses, financial expenses, and profit.\40\
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\39\ See Country-Specific AD Initiation Checklists for Canada,
Germany, Korea, the Netherlands, Taiwan, Turkey, and the United
Kingdom for details of the calculations.
\40\ Id.
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In calculating the cost of manufacturing, the petitioners relied on
the production experience and input consumption rates of a U.S.
producer of tin mill products, valued using publicly-available
information applicable to each respective country.\41\ In calculating
SG&A expenses, financial expenses, and profit ratios (where
applicable), the petitioners relied on the fiscal year 2021-2022
financial statements of a producer of identical or comparable
merchandise domiciled in each respective subject country, where
appropriate.\42\
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\41\ Id.
\42\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of tin mill products from Canada, China, Germany,
Korea, the Netherlands, Taiwan, Turkey, and the United Kingdom, are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for tin mill products for each of
the countries covered by this initiation are as follows: (1) Canada--
79.59 percent; (2) China--122.52 percent; (3) Germany--70.15 percent;
(4) Korea--13.28 to 110.50 percent; (5) the Netherlands--125.10 to
296.04 percent; (6) Taiwan--46.76 to 59.61 percent; (7) Turkey--87.73
to 97.21 percent; and (8) the United Kingdom--111.92 percent.\43\
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\43\ See Country-Specific AD Initiation Checklists for details
of the calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of tin mill products from Canada, China, Germany,
Korea, the Netherlands, Taiwan, Turkey, and the United Kingdom are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no
[[Page 9485]]
later than 140 days after the date of this initiation.
Respondent Selection
Canada, Germany, the Netherlands, Taiwan, and the United Kingdom
In the Petitions, the petitioners identified one company in Canada
as a producer/exporter of tin mill products (i.e., ArcelorMittal
Dofasco G.P.), one company in Germany as a producer/exporter of tin
mill products (i.e., ThyssenKrupp Rasselstein GmbH), two companies in
the Netherlands as producers/exporters of tin mill products (i.e., Tata
Steel Netherlands and Tata Steel Ijmuiden, B.V.), one company in Taiwan
as a producer/exporter of tin mill products (i.e., Ton Yi Industrial
Corporation), and one company in the United Kingdom as a producer/
exporter of tin mill products (i.e., Tata Steel UK Limited), and
provided independent third-party information as support.\44\ We
currently know of no additional producers/exporters of tin mill
products from Canada, Germany, the Netherlands, Taiwan, and the United
Kingdom.
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\44\ See Petitions at Volume I (page 21 and Exhibit I-21); see
also Petitions at Volume II (Exhibit II-3); Petitions at Volume IV
(Exhibit IV-4); Petitions at Volume V (Exhibit V-3); and First
General Issues Supplement at Exhibit I-S2.
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Accordingly, Commerce intends to individually examine all known
producers/exporters in the investigations from these countries (i.e.,
the companies cited above). We invite interested parties to comment on
this issue. Such comments may include factual information within the
meaning of 19 CFR 351.102(b)(21). Parties wishing to comment must do so
within three business days of the publication of this notice in the
Federal Register. Comments must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Because
we intend to examine all known producers/exporters in Canada, Germany,
the Netherlands, Taiwan, and the United Kingdom, if no comments are
received or if comments received further support the existence of these
sole producers/exporters in Canada, Germany, the Netherlands, Taiwan,
and the United Kingdom, respectively, we do not intend to conduct
respondent selection and will proceed to issuing the initial AD
questionnaires to the companies identified. However, if comments are
received which create a need for a respondent selection process, we
intend to finalize our decisions regarding respondent selection within
20 days of publication of this notice.
Korea and Turkey
In the Petitions, the petitioners identified three companies in
Korea as producers/exporters of tin mill products and three companies
in Turkey as producers/exporters of tin mill products.\45\ Following
standard practice in AD investigations involving market economy
countries, in the event Commerce determines that the number of
exporters or producers is large such that Commerce cannot individually
examine each company based on its resources, where appropriate,
Commerce intends to select mandatory respondents in these cases based
on U.S. Customs and Border Protection (CBP) data for U.S. imports under
the appropriate Harmonized Tariff Schedule of the United States
subheadings listed in the ``Scope of the Investigation,'' in the
appendix.
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\45\ See Petitions at Volume I (Exhibit I-21); see also First
General Issues Supplement at 1-2 and Exhibits I-S2, S-6, and S-7;
and Second General Issues Supplement at 1-2.
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On February 2, 2023, Commerce released CBP data on imports of tin
mill products from Korea and Turkey under administrative protective
order (APO) to all parties with access to information protected by APO
and indicated that interested parties wishing to comment on CBP data
must do so within three business days of the publication date of the
notice of initiation of these investigations.\46\ Comments must be
filed electronically using ACCESS. An electronically-filed document
must be received successfully in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
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\46\ See Memoranda, ``Antidumping Duty Petition on Imports of
Tin Mill Products from the Republic of Korea: Release of U.S.
Customs and Border Protection Data,'' dated February 2, 2023; and
``Antidumping Duty Petition on Imports of Tin Mill Products from the
Republic of Turkey: Release of U.S. Customs and Border Protection
Data,'' dated February 2, 2023.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://enforcement.trade.gov/apo.
China
In the Petitions, the petitioners named 19 companies in China as
producers and/or exporters of tin mill products.\47\ In accordance with
our standard practice for respondent selection in AD investigations
involving NME countries, Commerce selects respondents based on quantity
and value (Q&V) questionnaires in cases where it has determined that
the number of companies is large and it cannot individually examine
each company based upon its resources. Therefore, considering the
number of producers and/or exporters identified in the Petitions,
Commerce will solicit Q&V information that can serve as a basis for
selecting exporters for individual examination in the event that
Commerce decides to limit the number of respondents individually
examined pursuant to section 777A(c)(2) of the Act. Because there are
19 Chinese producers and/or exporters identified in the Petitions,
Commerce has determined that it will issue Q&V questionnaires to each
potential respondent for which the petitioners have provided a complete
address.
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\47\ See Petitions at Volume I (Exhibit I-21).
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In addition, Commerce will post the Q&V questionnaires along with
filing instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of tin mill products from
China that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Additional information on Q&V
questionnaires can be found on Commerce's website at https://enforcement.trade.gov/questionnaires/questionnaires-ad.html. In
accordance with the standard practice for respondent selection in AD
cases involving NME countries, in the event Commerce decides to limit
the number of respondents individually investigated, Commerce intends
to base respondent selection on the responses to the Q&V questionnaire
that it receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Chinese producers/exporters no later than 5:00 p.m. ET on
February 21, 2023, which is two weeks from the signature date of this
notice. All Q&V questionnaire responses must be filed electronically
via ACCESS. An electronically-filed document must be received
successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on
the deadline noted above.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://enforcement.trade.gov/apo. Commerce intends to make its decisions
regarding respondent selection within 20 days of publication of this
notice.
[[Page 9486]]
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application.\48\
The specific requirements for submitting a separate rate application in
an NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://enforcement.trade.gov/nme/nme-sep-rate.html. The separate rate
application will be due 30 days after publication of this initiation
notice.\49\ Exporters and producers who submit a separate rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from China submit a
response both to the Q&V questionnaire and to the separate rate
application by the respective deadlines in order to receive
consideration for separate rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\48\ See Enforcement and Compliance's Policy Bulletin 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005) (Policy Bulletin 05.1), available at https://enforcement.trade.gov/policy/bull05-1.pdf.
\49\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for respondents that are
eligible for a separate rate in an NME investigation. The Separate
Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that {Commerce{time}
will now assign in its NME Investigation will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the {weighted average{time} of the individually
calculated rates. This practice is referred to as the application of
``combination rates'' because such rates apply to specific
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.\50\
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\50\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of Canada, China, Germany, the Netherlands,
Korea, Taiwan, Turkey, and the United Kingdom via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the AD Petitions to each exporter named in the AD Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of tin mill products from Canada, China,
Germany, the Netherlands, Korea, Taiwan, Turkey, and/or the United
Kingdom, are materially injuring, or threatening material injury to, a
U.S. industry.\51\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\52\ Otherwise, these AD investigations will proceed according
to statutory and regulatory time limits.
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\51\ See section 733(a) of the Act.
\52\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \53\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\54\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\53\ See 19 CFR 351.301(b).
\54\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of PMS allegations and supporting
factual information. However, in order to administer section 773(e) of
the Act, Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
response to section D of the AD questionnaire.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due
[[Page 9487]]
from multiple parties simultaneously. In such a case, Commerce will
inform parties in a letter or memorandum of the deadline (including a
specified time) by which extension requests must be filed to be
considered timely. An extension request must be made in a separate,
stand-alone submission; under limited circumstances, Commerce will
grant untimely-filed requests for the extension of time limits. Parties
should review Commerce's regulations concerning the extension of time
limits and the Time Limits Final Rule prior to submitting factual
information in these investigations.\55\
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\55\ See 19 CFR 351.302; see also, e.g., Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits
Final Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\56\
Parties must use the certification formats provided in 19 CFR
351.303(g).\57\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\56\ See section 782(b) of the Act.
\57\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\58\
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\58\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: February 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The products within the scope of these investigations are tin
mill flat-rolled products that are coated or plated with tin,
chromium, or chromium oxides. Flat-rolled steel products coated with
tin are known as tinplate. Flat-rolled steel products coated with
chromium or chromium oxides are known as tin-free steel or
electrolytic chromium-coated steel. The scope includes all the noted
tin mill products regardless of thickness, width, form (in coils or
cut sheets), coating type (electrolytic or otherwise), edge
(trimmed, untrimmed or further processed, such as scroll cut),
coating thickness, surface finish, temper, coating metal (tin,
chromium, chromium oxide), reduction (single- or double-reduced),
and whether or not coated with a plastic material.
All products that meet the written physical description are
within the scope of these investigations unless specifically
excluded. The following products are outside and/or specifically
excluded from the scope of these investigations:
Single reduced electrolytically chromium coated steel
with a thickness 0.238 mm (85 pound base box) (10%) or
0.251 mm (90 pound base box) (10%) or 0.255 mm (10%) with 770 mm (minimum width) (1.588 mm) by 900
mm (maximum length if sheared) sheet size or 30.6875 inches (minimum
width) (\1/16\ inch) and 35.4 inches (maximum length if
sheared) sheet size; with type MR or higher (per ASTM) A623 steel
chemistry; batch annealed at T2 \1/2\ anneal temper, with a yield
strength of 31 to 42 kpsi (214 to 290 Mpa); with a tensile strength
of 43 to 58 kpsi (296 to 400 Mpa); with a chrome coating restricted
to 32 to 150 mg/m\2\; with a chrome oxide coating restricted to 6 to
25 mg/m\2\ with a modified 7B ground roll finish or blasted roll
finish; with roughness average (Ra) 0.10 to 0.35 micrometers,
measured with a stylus instrument with a stylus radius of 2 to 5
microns, a trace length of 5.6 mm, and a cut-off of 0.8 mm, and the
measurement traces shall be made perpendicular to the rolling
direction; with an oil level of 0.17 to 0.37 grams/base box as type
BSO, or 2.5 to 5.5 mg/m\2\ as type DOS, or 3.5 to 6.5 mg/m\2\ as
type ATBC; with electrical conductivity of static probe voltage drop
of 0.46 volts drop maximum, and with electrical conductivity
degradation to 0.70 volts drop maximum after stoving (heating to 400
degrees F for 100 minutes followed by a cool to room temperature).
Single reduced electrolytically chromium- or tin-coated
steel in the gauges of 0.0040 inch nominal, 0.0045 inch nominal,
0.0050 inch nominal, 0.0061 inch nominal (55 pound base box weight),
0.0066 inch nominal (60 pound base box weight), and 0.0072 inch
nominal (65 pound base box weight), regardless of width, temper,
finish, coating or other properties.
Single reduced electrolytically chromium coated steel
in the gauge of 0.024 inch, with widths of 27.0 inches or 31.5
inches, and with T-1 temper properties.
Single reduced electrolytically chromium coated steel,
with a chemical composition of 0.005% max carbon, 0.030% max
silicon, 0.25% max manganese, 0.025% max phosphorous, 0.025% max
sulfur 0.070% max aluminum, and the balance iron, with a metallic
chromium layer of 70-130 mg/m\2\, with a chromium oxide layer of 5-
30 mg/m\2\, with a tensile strength of 260-440 N/mm\2\, with an
elongation of 28-48%, with a hardness (HR-30T) of 40-58, with a
surface roughness of 0.5-1.5 microns Ra, with magnetic properties of
Bm (kg) 10.0 minimum, Br (kg) 8.0 minimum, Hc (Oe) 2.5-3.8, and MU
1400 minimum, as measured with a Riken Denshi DC magnetic
characteristic measuring machine, Model BHU-60.
Bright finish tin-coated sheet with a thickness equal
to or exceeding 0.0299 inch, coated to thickness of \3/4\ pound
(0.000045 inch) and 1 pound (0.00006 inch).
Electrolytically chromium coated steel having ultra
flat shape defined as oil can maximum depth of \5/64\ inch (2.0 mm)
and edge wave maximum of \5/64\ inch (2.0 mm) and no wave to
penetrate more than 2.0 inches (51.0 mm) from the strip edge and
coilset or curling requirements of average maximum of \5/64\ inch
(2.0 mm) (based on six readings, three across each cut edge of a 24
inches (61 cm) long sample with no single reading exceeding \4/32\
inch (3.2 mm) and no more than two readings at \4/32\ inch (3.2 mm))
and (for 85 pound base box item only: crossbuckle maximums of 0.001
inch (0.0025 mm) average having no reading above 0.005 inch (0.127
mm)), with a camber maximum of \1/4\ inch (6.3 mm) per 20 feet (6.1
meters), capable of being bent 120 degrees on a 0.002 inch radius
without cracking, with a chromium coating weight of metallic
chromium at 100 mg/m\2\ and chromium oxide of 10 mg/m\2\, with a
chemistry of 0.13% maximum carbon, 0.60% maximum manganese, 0.15%
maximum silicon, 0.20% maximum copper, 0.04% maximum phosphorous,
0.05% maximum sulfur, and 0.20% maximum aluminum, with a surface
finish of Stone Finish 7C, with a DOS-A oil at an aim level of 2 mg/
square meter, with not more than 15 inclusions/foreign matter in 15
feet (4.6 meters) (with inclusions not to exceed \1/32\ inch (0.8
mm) in width and \3/64\ inch (1.2 mm) in length), with thickness/
temper combinations of either 60 pound base box (0.0066 inch) double
reduced CADR8 temper in widths of 25.00 inches, 27.00 inches, 27.50
inches, 28.00 inches, 28.25 inches, 28.50 inches, 29.50 inches,
29.75 inches, 30.25 inches, 31.00 inches, 32.75 inches, 33.75
inches, 35.75 inches, 36.25 inches, 39.00 inches, or 43.00 inches,
or 85 pound base box (0.0094 inch) single reduced CAT4 temper in
widths of 25.00 inches, 27.00 inches, 28.00 inches, 30.00 inches,
33.00 inches, 33.75 inches, 35.75 inches, 36.25 inches, or 43.00
inches, with width tolerance of \1/8\ inch, with a thickness
tolerance of 0.0005 inch, with a maximum coil weight of 20,000
pounds (9071.0 kg), with a minimum coil weight of 18,000 pounds
(8164.8 kg), with a coil inside diameter of 16 inches (40.64 cm)
with a steel
[[Page 9488]]
core, with a coil maximum outside diameter of 59.5 inches (151.13
cm), with a maximum of one weld (identified with a paper flag) per
coil, with a surface free of scratches, holes, and rust.
Electrolytically tin coated steel having differential
coating with 1.00 pound/base box equivalent on the heavy side, with
varied coating equivalents in the lighter side (detailed below),
with a continuous cast steel chemistry of type MR, with a surface
finish of type 7B or 7C, with a surface passivation of 0.7 mg/square
foot of chromium applied as a cathodic dichromate treatment, with
coil form having restricted oil film weights of 0.3-0.4 grams/base
box of type DOS-A oil, coil inside diameter ranging from 15.5 to 17
inches, coil outside diameter of a maximum 64 inches, with a maximum
coil weight of 25,000 pounds, and with temper/coating/dimension
combinations of: (1) CAT4 temper, 1.00/.050 pound/base box coating,
70 pound/base box (0.0077 inch) thickness, and 33.1875 inch ordered
width; or (2) CAT5 temper, 1.00/0.50 pound/base box coating, 75
pound/base box (0.0082 inch) thickness, and 34.9375 inch or 34.1875
inch ordered width; or (3) CAT5 temper, 1.00/0.50 pound/base box
coating, 107 pound/base box (0.0118 inch) thickness, and 30.5625
inch or 35.5625 inch ordered width; or (4) CADR8 temper, 1.00/0.50
pound/base box coating, 85 pound/base box (0.0093 inch) thickness,
and 35.5625 inch ordered width; or (5) CADR8 temper, 1.00/0.25
pound/base box coating, 60 pound/base box (0.0066 inch) thickness,
and 35.9375 inch ordered width; or (6) CADR8 temper, 1.00/0.25
pound/base box coating, 70 pound/base box (0.0077 inch) thickness,
and 32.9375 inch, 33.125 inch, or 35.1875 inch ordered width.
Electrolytically tin coated steel having differential
coating with 1.00 pound/base box equivalent on the heavy side, with
varied coating equivalents on the lighter side (detailed below),
with a continuous cast steel chemistry of type MR, with a surface
finish of type 7B or 7C, with a surface passivation of 0.5 mg/square
foot of chromium applied as a cathodic dichromate treatment, with
ultra flat scroll cut sheet form, with CAT5 temper with 1.00/0.10
pound/base box coating, with a lithograph logo printed in a uniform
pattern on the 0.10 pound coating side with a clear protective coat,
with both sides waxed to a level of 15-20 mg/216 sq. inch, with
ordered dimension combinations of (1) 75 pound/base box (0.0082
inch) thickness and 34.9375 inch x 31.748 inch scroll cut
dimensions; or (2) 75 pound/base box (0.0082 inch) thickness and
34.1875 inch x 29.076 inch scroll cut dimensions; or (3) 107 pound/
base box (0.0118 inch) thickness and 30.5625 inch x 34.125 inch
scroll cut dimension.
Tin-free steel coated with a metallic chromium layer
between 100-200 mg/m\2\ and a chromium oxide layer between 5-30 mg/
m\2\; chemical composition of 0.05% maximum carbon, 0.03% maximum
silicon, 0.60% maximum manganese, 0.02% maximum phosphorous, and
0.02% maximum sulfur; magnetic flux density (Br) of 10 kg minimum
and a coercive force (Hc) of 3.8 Oe minimum.
Tin-free steel laminated on one or both sides of the
surface with a polyester film, consisting of two layers (an
amorphous layer and an outer crystal layer), that contains no more
than the indicated amounts of the following environmental hormones:
1 mg/kg BADGE (BisPhenol--A Di-glycidyl Ether), 1 mg/kg BFDGE
(BisPhenol--F Di-glycidyl Ether), and 3 mg/kg BPA (BisPhenol--A).
The merchandise subject to these investigations is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS), under HTSUS subheadings 7210.11.0000, 7210.12.0000,
7210.50.0020, 7210.50.0090, 7212.10.0000, and 7212.50.0000 if of
non-alloy steel and under HTSUS subheadings 7225.99.0090, and
7226.99.0180 if of alloy steel. Although the subheadings are
provided for convenience and customs purposes, the written
description of the scope of the investigations is dispositive.
[FR Doc. 2023-03085 Filed 2-13-23; 8:45 am]
BILLING CODE 3510-DS-P
