Tin Mill Products From the People's Republic of China: Initiation of Countervailing Duty Investigation, 9476-9481 [2023-03086]
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9476
Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Notices
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the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, Section 38
of AECA, may be denied for a period of
up to ten (10) years from the date of his/
her conviction. 50 U.S.C. 4819(e) (Prior
Convictions). In addition, any Bureau of
Industry and Security (BIS) licenses or
other authorizations issued under
ECRA, in which the person had an
interest at the time of the conviction,
may be revoked. Id.
BIS received notice of Emond’s
conviction for violating 18 U.S.C. 554
(a) and, as provided in Section 766.25
of the Export Administration
Regulations (‘‘EAR’’ or the
‘‘Regulations’’), has provided notice and
opportunity for Emond to make a
written submission to BIS. 15 CFR
766.25.2 BIS has not received a
submission from Emond.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Emond’s export
privileges under the Regulations for a
period of five-years from the date of
Emond’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
Emond had an interest at the time of his
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
February 19, 2025, Luc Emond, with a
last known address of 9300 Justine
Street, Montreal, Quebec, H1J2P2,
Canada, and when acting for or on his
behalf, his successors, assigns,
employees, agents or representatives
(‘‘the Denied Person’’), may not directly
or indirectly participate in any way in
any transaction involving any
commodity, software, or technology
(hereinafter collectively referred to as
‘‘item’’) exported or to be exported from
the United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
Authorization Act for Fiscal Year 2019 and, as
amended, is codified at 50 U.S.C. 4801–4852.
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2022).
3 The Director, Office of Export Enforcement, is
the authorizing official for issuance of denial
orders, pursuant to amendments to the Regulations
(85 FR 73411, November 18, 2020).
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involving any item exported or to be
exported from the United States that is
subject to the Regulations, or engaging
in any other activity subject to the
Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or
from any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export, reexport, or transfer (incountry) to or on behalf of the Denied
Person any item subject to the
Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession, or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed, or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed, or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification, or
testing.
Third, pursuant to Section 1760(e) of
ECRA (50 U.S.C. 4819(e)) and Sections
766.23 and 766.25 of the Regulations,
any other person, firm, corporation, or
business organization related to the
Denied Person by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with part 756 of
the Regulations, the Denied Person may
file an appeal of this Order with the
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Under Secretary of Commerce for
Industry and Security. The appeal must
be filed within 45 days from the date of
this Order and must comply with the
provisions of part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to the Denied Person and shall
be published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until February 19, 2025.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2023–03104 Filed 2–13–23; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–151]
Tin Mill Products From the People’s
Republic of China: Initiation of
Countervailing Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Melissa Porpotage, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1413.
SUPPLEMENTARY INFORMATION:
The Petition
On January 18, 2023, the U.S.
Department of Commerce (Commerce)
received a countervailing duty (CVD)
petition concerning imports of tin mill
products from the People’s Republic of
China (China) 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 (USW) (collectively,
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 The CVD petition
was accompanied by antidumping duty
(AD) petitions concerning imports of tin
mill products from Canada, China,
Germany, the Netherlands, the Republic
1 See Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties on Imports of Tin Mill Products from
Canada, China, Germany, Netherlands, South
Korea, Taiwan, Turkey and the United Kingdom,’’
dated January 18, 2023 (Petition).
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of Korea, Taiwan, the Republic of
Turkey and the United Kingdom.2
On January 23 and 31, and February
6, 2023, Commerce requested
supplemental information pertaining to
certain aspects of the Petition.3 On
January 27 and February 1, 2023, the
petitioners filed timely responses to
these requests for additional
information.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
(the Act), the petitioners allege that the
Government of China (GOC) is
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of tin
mill products in China and that such
imports are materially injuring, or
threatening material injury to, the
domestic industry producing in the
United States. Consistent with section
702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs
on which we are initiating a CVD
investigation, the Petition is supported
by information reasonably available to
the petitioners.
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. Commerce also finds that the
petitioners demonstrated sufficient
industry support with respect to the
initiation of the requested CVD
investigation.5
Period of Investigation
Because the Petition was filed on
January 18, 2023, the period of
investigation (POI) is January 1, 2022,
through December 31, 2022.6
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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;
see also Commerce’s Letter, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Tin Mill Products from the People’s Republic of
China: Supplemental Questions,’’ dated January 23,
2023 (General Issues Supplemental Questionnaire);
Memorandum, ‘‘Phone Call with Counsel to the
Petitioner,’’ dated January 31, 2023; and
Memorandum, ‘‘Phone Call with Counsel to the
Petitioners,’’ dated February 7, 2023 (Scope
Memorandum).
4 See Petitioners’ Letters, ‘‘Petitioners’ Response
to Supplemental Volume I Questionnaire,’’ dated
January 27, 2023 (First General Issues Supplement);
‘‘Petitioners’ Response to Supplemental Volume X
Questionnaire,’’ dated January 27, 2023; and
‘‘Petitioners’ Response to Second Supplemental
Questionnaire,’’ dated February 1, 2023 (Second
General Issues Supplement).
5 See ‘‘Determination of Industry Support for the
Petition’’ section, infra.
6 See 19 CFR 351.204(b)(2).
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Scope of the Investigation
The merchandise covered by this
investigation is tin mill products from
China. For a full description of the
scope of this investigation, see the
Appendix to this notice.
Comments on the Scope of the
Investigation
On January 23 and 31, and February
6, 2023, Commerce requested
information 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 language.8 The
description of merchandise covered by
this investigation, 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 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
determination. If scope comments
include factual information, all such
factual information should be limited to
public information.10 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 the parties consider
relevant to the scope of the investigation
be submitted during this time period.
However, if a party subsequently finds
that additional factual information
pertaining to the scope of the
investigation may be relevant, the party
may contact Commerce and request
permission to submit the additional
information. All scope comments must
also be filed simultaneously on the
7 See General Issues Supplemental Questionnaire
at 3–4; see also Scope Memorandum.
8 See First General Issues Supplement at 2–3 and
Exhibit Supp I–S3; see also Second General Issues
Supplement at 2 and Exhibit I–2S2; and Scope
Memorandum.
9 See Antidumping Duties; Countervailing Duties,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
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record of the concurrent AD
investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via 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.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the GOC of the receipt of the Petition
and provided it an opportunity for
consultations with respect to the
Petition.12 However, the GOC did not
request consultations.
Determination of Industry Support for
the Petition
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(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 702(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 statute
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 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 Commerce’s Letter, ‘‘Countervailing Duty
Petition on Tin Mill Products from the People’s
Republic of China,’’ dated January 19, 2023.
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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
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
investigation.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
13 See
section 771(10) of the Act.
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 Petition 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–S1
(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 this case and information
regarding industry support, see CVD Investigation
Initiation Checklist, ‘‘Tin Mill Products from the
People’s Republic of China,’’ dated concurrently
with this notice (China CVD Initiation Checklist), 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
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14 See
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In determining whether the
petitioners have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petition with reference to the
domestic like product as defined in the
‘‘Scope of the Investigation,’’ 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
domestic production of tin mill
products, and as such, the supporters of
the Petition 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
Petition, 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 Petition.22 First, the Petition
established support from domestic
Netherlands, the Republic of Korea, Taiwan, the
Republic of Turkey and the United Kingdom).
17 See Petition 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,’’ dated February
1, 2023 (Petitioners Letter).
18 See Petition 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 Petition 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 China CVD
Initiation Checklist.
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 Petition 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 China CVD Initiation Checklist.
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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 702(c)(4)(A)(i) of the Act
because the domestic producers (or
workers) who support the Petition
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 702(c)(4)(A)(ii) of the Act
because the domestic producers (or
workers) who support the Petition
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 Petition.25 Accordingly, Commerce
determines that the Petition was filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.26
Injury Test
Because China is a ‘‘Subsidies
Agreement Country’’ within the
meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to
this investigation. Accordingly, the ITC
must determine whether imports of the
subject merchandise from China
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that imports of
the subject merchandise are benefitting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. 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
23 See Attachment II of China CVD Initiation
Checklist; see also section 702(c)(4)(D) of the Act.
24 See Attachment II of the China CVD Initiation
Checklist.
25 Id.
26 Id.
27 See Petition at Volume I (pages 28–29 and
Exhibit I–26).
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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
Initiation of CVD Investigation
Based upon the examination of the
Petition and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating a CVD investigation to
determine whether imports of tin mill
products from China benefit from
countervailable subsidies conferred by
the GOC. Based on our review of the
Petition, we find that there is sufficient
information to initiate a CVD
investigation on all of the 20 alleged
programs; however, we recommend
only initiating on Valued Added-Tax
(VAT) Rebates on Domestically
Produced Equipment and Import Tariff
and VAT Exemptions on Imported
Equipment in Encouraged Industries
with respect to the pre-2009 period. For
a full discussion of the basis for our
decision to initiate on each program, see
the China CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS. In accordance with section
703(b)(1) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will
make our preliminary determination no
later than 65 days after the date of this
initiation.
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Respondent Selection
The petitioners named 19 companies
in China as producers and/or exporters
of tin mill products.30 Commerce
intends to follow its standard practice in
CVD investigations and calculate
company-specific subsidy rates in this
investigation. In the event that
Commerce determines that the number
of companies is large and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
28 See Petition at Volume I (pages 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, 7–
9, and Exhibits I–S1 (containing Tin Mill Products
Third Review), I–S5, and I–S8.
29 See China CVD Initiation Checklist 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 United Kingdom).
30 See Petition at Volume I (Exhibit I–21).
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9479
on U.S. Customs and Border Protection
(CBP) data for U.S. imports of tin mill
products from China during the POI
under the appropriate Harmonized
Tariff Schedule of the United States
subheadings listed in the ‘‘Scope of the
Investigation’’ in the Appendix.
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.
Distribution of Copies of the Petition
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petition has been provided to the
GOC via ACCESS. To the extent
practicable, we will attempt to provide
a copy of the public version of the CVD
Petition to each exporter named in the
CVD Petition, as provided under 19 CFR
351.203(c)(2).
Extensions of Time Limits
ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petition was filed, whether there is
a reasonable indication that imports of
tin mill products from China are
materially injuring, or threatening
material injury to, a U.S. industry.31 A
negative ITC determination will result
in the investigation being terminated.32
Otherwise, this CVD investigation 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 33 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.34 Time limits for the
submission of factual information are
31 See
section 703(a)(1) of the Act.
32 Id.
33 See
34 See
PO 00000
19 CFR 351.301(b).
19 CFR 351.301(b)(2).
Frm 00054
Fmt 4703
Sfmt 4703
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,
or as otherwise specified by
Commerce.35 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, we may
elect to specify a different time limit by
which extension requests will be
considered untimely for submissions
which are due 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, standalone
submission; under limited
circumstances we 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 this
investigation.36
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.37
Parties must use the certification
formats provided in 19 CFR
351.303(g).38 Commerce intends to
reject factual submissions if the
submitting party does not comply with
35 See
19 CFR 351.302.
19 CFR 351.301; see also 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/201322853.htm.
37 See section 782(b) of the Act.
38 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
36 See
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the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under
administrative protective order in
accordance with 19 CFR 351.305.
Parties wishing to participate in this
investigation should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letters of appearance). Note that
Commerce has temporarily modified
certain of its requirements for serving
documents containing business
proprietary information, until further
notice.39
This notice is issued and published
pursuant to sections 702 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.
ddrumheller on DSK120RN23PROD with NOTICES
Appendix
Scope of the Investigation
The products within the scope of this
investigation 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 this
investigation unless specifically excluded.
The following products are outside and/or
specifically excluded from the scope of this
investigation:
• 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
39 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
20:12 Feb 13, 2023
Jkt 259001
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
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
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
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
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
E:\FR\FM\14FEN1.SGM
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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:
VerDate Sep<11>2014
20:12 Feb 13, 2023
Jkt 259001
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).
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
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
14FEN1
]]>Agencies
[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9476-9481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03086]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-151]
Tin Mill Products From the People's Republic of China: Initiation
of Countervailing Duty Investigation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT: Melissa Porpotage, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1413.
SUPPLEMENTARY INFORMATION:
The Petition
On January 18, 2023, the U.S. Department of Commerce (Commerce)
received a countervailing duty (CVD) petition concerning imports of tin
mill products from the People's Republic of China (China) 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 (USW) (collectively, 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\ The CVD petition was accompanied
by antidumping duty (AD) petitions concerning imports of tin mill
products from Canada, China, Germany, the Netherlands, the Republic
[[Page 9477]]
of Korea, Taiwan, the Republic of Turkey and the United Kingdom.\2\
---------------------------------------------------------------------------
\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Tin Mill
Products from Canada, China, Germany, Netherlands, South Korea,
Taiwan, Turkey and the United Kingdom,'' dated January 18, 2023
(Petition).
\2\ Id.
---------------------------------------------------------------------------
On January 23 and 31, and February 6, 2023, Commerce requested
supplemental information pertaining to certain aspects of the
Petition.\3\ On January 27 and February 1, 2023, the petitioners filed
timely responses to these requests for additional information.\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; see also Commerce's Letter, ``Petition for the Imposition of
Countervailing Duties on Imports of Tin Mill Products from the
People's Republic of China: Supplemental Questions,'' dated January
23, 2023 (General Issues Supplemental Questionnaire); Memorandum,
``Phone Call with Counsel to the Petitioner,'' dated January 31,
2023; and Memorandum, ``Phone Call with Counsel to the
Petitioners,'' dated February 7, 2023 (Scope Memorandum).
\4\ See Petitioners' Letters, ``Petitioners' Response to
Supplemental Volume I Questionnaire,'' dated January 27, 2023 (First
General Issues Supplement); ``Petitioners' Response to Supplemental
Volume X Questionnaire,'' dated January 27, 2023; and ``Petitioners'
Response to Second Supplemental Questionnaire,'' dated February 1,
2023 (Second General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that the Government of China
(GOC) is providing countervailable subsidies, within the meaning of
sections 701 and 771(5) of the Act, to producers of tin mill products
in China and that such imports are materially injuring, or threatening
material injury to, the domestic industry producing in the United
States. Consistent with section 702(b)(1) of the Act and 19 CFR
351.202(b), for those alleged programs on which we are initiating a CVD
investigation, the Petition is supported by information reasonably
available to the petitioners.
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. Commerce also finds
that the petitioners demonstrated sufficient industry support with
respect to the initiation of the requested CVD investigation.\5\
---------------------------------------------------------------------------
\5\ See ``Determination of Industry Support for the Petition''
section, infra.
---------------------------------------------------------------------------
Period of Investigation
Because the Petition was filed on January 18, 2023, the period of
investigation (POI) is January 1, 2022, through December 31, 2022.\6\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.204(b)(2).
---------------------------------------------------------------------------
Scope of the Investigation
The merchandise covered by this investigation is tin mill products
from China. For a full description of the scope of this investigation,
see the Appendix to this notice.
Comments on the Scope of the Investigation
On January 23 and 31, and February 6, 2023, Commerce requested
information 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 language.\8\ The description of merchandise covered by this
investigation, 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 Supp
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 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
determination. If scope comments include factual information, all such
factual information should be limited to public information.\10\ 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, 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 the parties
consider relevant to the scope of the investigation be submitted during
this time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigation may be relevant, the party may contact Commerce and
request permission to submit the additional information. All scope
comments must also be filed simultaneously on the record of the
concurrent AD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
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.
---------------------------------------------------------------------------
\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 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.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the GOC of the receipt of the Petition and provided it an
opportunity for consultations with respect to the Petition.\12\
However, the GOC did not request consultations.
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\12\ See Commerce's Letter, ``Countervailing Duty Petition on
Tin Mill Products from the People's Republic of China,'' dated
January 19, 2023.
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Determination of Industry Support for the Petition
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(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 702(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 statute
[[Page 9478]]
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 decision of either agency contrary to law.\14\
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\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)).
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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 investigation.\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\
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\15\ See Petition 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-S1 (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 this case and information regarding industry support, see
CVD Investigation Initiation Checklist, ``Tin Mill Products from the
People's Republic of China,'' dated concurrently with this notice
(China CVD Initiation Checklist), 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).
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In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petition with reference to the domestic like product
as defined in the ``Scope of the Investigation,'' 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 domestic production of tin mill products, and as
such, the supporters of the Petition 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\
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\17\ See Petition 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,''
dated February 1, 2023 (Petitioners Letter).
\18\ See Petition 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 Petition 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
China CVD Initiation Checklist.
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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\
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\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.
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Our review of the data provided in the Petition, 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 Petition.\22\ First, the Petition 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
702(c)(4)(A)(i) of the Act because the domestic producers (or workers)
who support the Petition 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 702(c)(4)(A)(ii) of the Act because the domestic
producers (or workers) who support the Petition 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 Petition.\25\ Accordingly, Commerce determines that the Petition
was filed on behalf of the domestic industry within the meaning of
section 702(b)(1) of the Act.\26\
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\22\ See Petition 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 China CVD Initiation Checklist.
\23\ See Attachment II of China CVD Initiation Checklist; see
also section 702(c)(4)(D) of the Act.
\24\ See Attachment II of the China CVD Initiation Checklist.
\25\ Id.
\26\ Id.
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Injury Test
Because China is a ``Subsidies Agreement Country'' within the
meaning of section 701(b) of the Act, section 701(a)(2) of the Act
applies to this investigation. Accordingly, the ITC must determine
whether imports of the subject merchandise from China materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefitting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports exceed the negligibility threshold provided
for under section 771(24)(A) of the Act.\27\
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\27\ See Petition at Volume I (pages 28-29 and Exhibit I-26).
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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
[[Page 9479]]
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\
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\28\ See Petition at Volume I (pages 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, 7-9, and Exhibits I-S1 (containing Tin Mill
Products Third Review), I-S5, and I-S8.
\29\ See China CVD Initiation Checklist 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 United Kingdom).
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Initiation of CVD Investigation
Based upon the examination of the Petition and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating a CVD investigation to determine
whether imports of tin mill products from China benefit from
countervailable subsidies conferred by the GOC. Based on our review of
the Petition, we find that there is sufficient information to initiate
a CVD investigation on all of the 20 alleged programs; however, we
recommend only initiating on Valued Added-Tax (VAT) Rebates on
Domestically Produced Equipment and Import Tariff and VAT Exemptions on
Imported Equipment in Encouraged Industries with respect to the pre-
2009 period. For a full discussion of the basis for our decision to
initiate on each program, see the China CVD Initiation Checklist. A
public version of the initiation checklist for this investigation is
available on ACCESS. In accordance with section 703(b)(1) of the Act
and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determination no later than 65 days after the date of this
initiation.
Respondent Selection
The petitioners named 19 companies in China as producers and/or
exporters of tin mill products.\30\ Commerce intends to follow its
standard practice in CVD investigations and calculate company-specific
subsidy rates in this investigation. In the event that Commerce
determines that the number of companies is large and it cannot
individually examine each company based upon Commerce's resources,
where appropriate, Commerce intends to select mandatory respondents
based on U.S. Customs and Border Protection (CBP) data for U.S. imports
of tin mill products from China during the POI 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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\30\ See Petition at Volume I (Exhibit I-21).
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Distribution of Copies of the Petition
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petition has been
provided to the GOC via ACCESS. To the extent practicable, we will
attempt to provide a copy of the public version of the CVD Petition to
each exporter named in the CVD Petition, as provided under 19 CFR
351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petition was filed, whether there is a reasonable
indication that imports of tin mill products from China are materially
injuring, or threatening material injury to, a U.S. industry.\31\ A
negative ITC determination will result in the investigation being
terminated.\32\ Otherwise, this CVD investigation will proceed
according to statutory and regulatory time limits.
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\31\ See section 703(a)(1) of the Act.
\32\ 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 \33\ 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.\34\ 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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\33\ See 19 CFR 351.301(b).
\34\ See 19 CFR 351.301(b)(2).
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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, or as otherwise specified by
Commerce.\35\ 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, we may elect to specify a different time limit by which
extension requests will be considered untimely for submissions which
are due 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, standalone submission; under limited circumstances we 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 this investigation.\36\
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\35\ See 19 CFR 351.302.
\36\ See 19 CFR 351.301; see also 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.\37\
Parties must use the certification formats provided in 19 CFR
351.303(g).\38\ Commerce intends to reject factual submissions if the
submitting party does not comply with
[[Page 9480]]
the applicable certification requirements.
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\37\ See section 782(b) of the Act.
\38\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, 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
administrative protective order in accordance with 19 CFR 351.305.
Parties wishing to participate in this investigation should ensure that
they meet the requirements of 19 CFR 351.103(d) (e.g., by filing the
required letters of appearance). Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\39\
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\39\ 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 702 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 Investigation
The products within the scope of this investigation 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 this investigation unless specifically excluded.
The following products are outside and/or specifically excluded from
the scope of this investigation:
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 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
[[Page 9481]]
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/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 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
