Invitation for Comment on the Agreement Suspending the Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel Plate From the Russian Federation, 24756-24757 [2023-08604]

Download as PDF 24756 Federal Register / Vol. 88, No. 78 / Monday, April 24, 2023 / Notices formally determined on April 12, 2023, pursuant to 5 U.S.C. 1009(d) of the FACA, that the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and the U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. 1009(a)(1) and 1009(a)(3). The remaining portions of the meeting will be open to the public. For more information, contact Ms. Springer. Yvette Springer, Committee Liaison Officer. [FR Doc. 2023–08539 Filed 4–21–23; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Scope of Agreement International Trade Administration [A–821–808] Invitation for Comment on the Agreement Suspending the Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel Plate From the Russian Federation Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On March 30, 2023, Nucor Corporation, Cleveland-Cliffs Inc., and SSAB Enterprises LLC (collectively, domestic interested parties), filed with the U.S. Department of Commerce (Commerce) a request to terminate the 2003 Agreement Suspending the Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation (Agreement). For the reasons stated in this notice, Commerce is requesting comments on whether the Agreement is no longer meeting its statutory requirements. AGENCY: DATES: Applicable April 24, 2023. FOR FURTHER INFORMATION CONTACT: ddrumheller on DSK120RN23PROD with NOTICES1 Sally C. Gannon or David Cordell, Bilateral Agreements Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0162 or (202) 482–0408, respectively. SUPPLEMENTARY INFORMATION: Background On January 23, 2003, Commerce and producers/exporters accounting for substantially all imports of certain cutto-length carbon steel plate (CTL plate) from the Russian Federation entered into the Agreement under section 734(b) VerDate Sep<11>2014 18:50 Apr 21, 2023 Jkt 259001 of the Tariff Act of 1930, as amended (the Act).1 In entering into the Agreement, Commerce determined, under section 734(b) of the Act, that the Agreement would eliminate completely sales at less than fair value of the imported subject merchandise and, under section 734(d) of the Act, that the Agreement was in the public interest and could be monitored effectively. On March 30, 2023, the domestic interested parties filed a request that Commerce terminate the Agreement and impose an antidumping duty order on imports of CTL plate from the Russia Federation.2 The domestic interested parties argue that the Agreement is no longer meeting the requirements of sections 734(b) and section 734(d) of the Act. The products covered by the Agreement are CTL plate from the Russian Federation. This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTS) under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. Although the HTS subheadings are provided for convenience and customs purposes, our written description of the scope of the Agreement is dispositive. For a full description of the scope of this Agreement, see Appendix B of the Agreement. Invitation for Comment As discussed above, Commerce has received a request to terminate the Agreement from the domestic interested parties and is currently evaluating the request. The Agreement, at Section F, provides that ‘‘{i}f the Department determines that the Agreement is being or has been violated or no longer meets the requirements of section 734(b) or (d) of the Act, Commerce shall take action it determines appropriate under section 734(i) of the Act and the regulations.’’ Section 734(i) of the Act provides that where, as here, the investigation was 1 See Suspension of Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation, 68 FR 3859 (January 27, 2003). 2 See Domestic Interested Parties’ Letter, ‘‘Request to Terminate Suspension Agreement,’’ dated March 30, 2023. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 completed,3 Commerce shall suspend liquidation and issue an antidumping duty order under section 736(a) of the Act if Commerce determines that there has been a violation of the Agreement, or if the Agreement no longer meets the statutory requirements. Pursuant to 19 CFR 351.209(c)(1), if Commerce has reason to believe that a suspension agreement no longer meets the requirements of section 734(d) of the Act, it will publish a notice inviting comment on the suspension agreement. Based on the domestic interested parties’ request to terminate, we find that the requirements of 19 CFR 351.209(c)(1) have been met, and as such, are issuing this notice to seek comments to determine if suspension of the investigation no longer meets the statutory requirements. After consideration of comments received, Commerce will determine whether the Agreement no longer meets the statutory requirements and, if appropriate, take necessary action in accordance with section 734(i) of the Act and 19 CFR 351.209(c). Public Comment Interested parties may submit comments via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS) no later than 30 days after the date of publication of this notice. ACCESS is available to registered users at https:// access.trade.gov. Rebuttal comments, limited to issues raised in the affirmative comments, may be submitted via ACCESS no later than seven days after the deadline for comments. Note that Commerce has temporarily modified certain of its requirements for serving documents containing business proprietary information, until further notice.4 When submitting comments via ACCESS, interested parties must upload their submissions to the segment in ACCESS entitled ‘‘Suspension Agreement’’ and Segment Specific Information identified as ‘‘2003.’’ Notification to Interested Parties Commerce is issuing this notice in accordance with 734(i) of the Act and 19 CFR 351.209(c). 3 See Notice of Final Determination of Sales at Less Than Fair Value: Certain Cut-to-Length Carbon Steel Plate from the Russian Federation, 62 FR 61787 (November 19, 1997). 4 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). E:\FR\FM\24APN1.SGM 24APN1 Federal Register / Vol. 88, No. 78 / Monday, April 24, 2023 / Notices Dated: April 19, 2023. Abdelali Elouaradia, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–08604 Filed 4–21–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–489–502] Circular Welded Carbon Steel Pipes and Tubes From Turkey: Final Results of the Expedited Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on circular welded carbon steel pipes and tubes (pipe and tube) from Turkey would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of the Sunset Review’’ section of this notice. DATES: Applicable April 24, 2023. FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4793. SUPPLEMENTARY INFORMATION: AGENCY: Background ddrumheller on DSK120RN23PROD with NOTICES1 On March 7, 1986, Commerce published the order on pipe and tube from Turkey.1 On January 3, 2023, Commerce published the notice of initiation of the fifth sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 On January 17 and 18, 2023, Commerce received timely-filed notices of intent to participate in this review from Nucor Tubular Products Inc. and from Bull Moose Tube Company, Maruichi American Corporation, and Zekelman Industries, respectively, (collectively, the domestic interested parties), within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The 1 See Countervailing Duty Order: Certain Welded Carbon Steel Pipe and Tube Products from Turkey, 51 FR 7984 (March 7, 1986) (Order). 2 See Initiation of Five-Year (Sunset) Reviews, 88 FR 63 (January 3, 2023). 3 See Nucor Tubular Products Inc.’s Letter, ‘‘Notice of Intent to Participate in Sunset Review,’’ dated January 17, 2023 (Nucor Tubular’s Notice of Intent); see also Bull Moose, et al.’s Letter, ‘‘Notice VerDate Sep<11>2014 18:50 Apr 21, 2023 Jkt 259001 24757 domestic interested parties claim that they have interested party status within the meaning of section 771(9)(C) of the Act and 19 CFR 351.102(b)(29)(v) as a producers of the domestic like product.4 On February 2, 2023, Commerce received an adequate substantive response from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).5 Commerce did not receive a substantive response from the Government of Turkey or any respondent interested party to this proceeding, nor was a hearing requested. On February 24, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.6 As a result, Commerce conducted an expedited (120-day) sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2). Memorandum can be accessed directly at https://access.trade.gov/public/ FRNoticesListLayout.aspx. Scope of the Order The merchandise covered by this Order is certain circular welded carbon steel pipes and tubes. For a complete description of the scope of the Order, see the Issues and Decision Memorandum.7 Administrative Protective Order This notice serves as the only reminder to parties subject to an administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Analysis of Comments Received A complete discussion of all issues raised in this sunset review, including the likelihood of continuation or recurrence of subsidization in the event of revocation of the Order and the countervailable subsidy rates likely to prevail if the Order were to be revoked, is provided in the accompanying Issues and Decision Memorandum. A list of the topics discussed in the Issues and Decision Memorandum is attached as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), which is available to registered users at https:// access.trade.gov. In addition, a complete version of the Issues and Decision of Intent to Participate,’’ dated January 18, 2023 (Bull Moose, et al.’s Notice of Intent). 4 See Nucor Tubular’s Notice of Intent at 2; see also Bull Moose, et al.’s Notice of Intent at 2. 5 See Domestic Interested Parties’ Letter, ‘‘Domestic Interested Parties’ Substantive Response to the Notice of Initiation,’’ dated February 2, 2023 (Domestic Interested Parties’ Substantive Response). 6 See Commerce’s Letter, ‘‘Sunset Reviews for January 2023,’’ dated February 24, 2023. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited Sunset Review of the Countervailing Duty Order on Circular Welded Carbon Steel Pipes and Tubes from Turkey,’’ dated concurrently with and adopted by this notice (Issues and Decision Memorandum). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Final Results of Sunset Review Pursuant to sections 751(c) and 752(b) of the Act, we determine that revocation of the Order would be likely to lead to continuation or recurrence of a countervailable subsidies at the following net countervailable subsidy rates: Producers/exporters Net countervailable subsidy rate ad valorem (percent) Bant Boru Sanayi ve Ticaret A.S .................................... Borusan Group 8 ................... Erbosan 9 .............................. Yucel Boru Group 10 ............. All Others .............................. 4.10 1.80 4.10 2.04 4.10 Notification to Interested Parties Commerce is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: April 18, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum I. Summary 8 The Borusan Group includes the following entities: Borusan Group, Borusan Holding, A.S., Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Istikbal Ticaret, A.S., and Borusan Lojistik Dagitim Pepolama Tasimacilik ve Tic A.S. 9 Erbosan includes Erbosan Erciyas Boru Sanayi ve Ticaret A.S. (Erbosan AS) and Erbosan Erciyas Pipe Industry and Trade Co. Kayseri Free Zone Branch (Erbosan FZB). 10 The Yucel Boru Group includes Yucel Boru ye Profil Endustrisi A.S, Yucelboru Ihracat Ithalat ye Pazarlama A.S, and Cayirova Born Sanayi ye Ticaret A.S. E:\FR\FM\24APN1.SGM 24APN1

Agencies

[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24756-24757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08604]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-808]


Invitation for Comment on the Agreement Suspending the 
Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel 
Plate From the Russian Federation

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On March 30, 2023, Nucor Corporation, Cleveland-Cliffs Inc., 
and SSAB Enterprises LLC (collectively, domestic interested parties), 
filed with the U.S. Department of Commerce (Commerce) a request to 
terminate the 2003 Agreement Suspending the Antidumping Duty 
Investigation of Certain Cut-to-Length Carbon Steel Plate from the 
Russian Federation (Agreement). For the reasons stated in this notice, 
Commerce is requesting comments on whether the Agreement is no longer 
meeting its statutory requirements.

DATES: Applicable April 24, 2023.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, 
Bilateral Agreements Unit, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0162 or (202) 
482-0408, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 23, 2003, Commerce and producers/exporters accounting 
for substantially all imports of certain cut-to-length carbon steel 
plate (CTL plate) from the Russian Federation entered into the 
Agreement under section 734(b) of the Tariff Act of 1930, as amended 
(the Act).\1\ In entering into the Agreement, Commerce determined, 
under section 734(b) of the Act, that the Agreement would eliminate 
completely sales at less than fair value of the imported subject 
merchandise and, under section 734(d) of the Act, that the Agreement 
was in the public interest and could be monitored effectively.
---------------------------------------------------------------------------

    \1\ See Suspension of Antidumping Duty Investigation of Certain 
Cut-to-Length Carbon Steel Plate from the Russian Federation, 68 FR 
3859 (January 27, 2003).
---------------------------------------------------------------------------

    On March 30, 2023, the domestic interested parties filed a request 
that Commerce terminate the Agreement and impose an antidumping duty 
order on imports of CTL plate from the Russia Federation.\2\ The 
domestic interested parties argue that the Agreement is no longer 
meeting the requirements of sections 734(b) and section 734(d) of the 
Act.
---------------------------------------------------------------------------

    \2\ See Domestic Interested Parties' Letter, ``Request to 
Terminate Suspension Agreement,'' dated March 30, 2023.
---------------------------------------------------------------------------

Scope of Agreement

    The products covered by the Agreement are CTL plate from the 
Russian Federation. This merchandise is currently classified in the 
Harmonized Tariff Schedule of the United States (HTS) under item 
numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 
7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 
7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 
7212.40.1000, 7212.40.5000, and 7212.50.0000. Although the HTS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the Agreement is dispositive. For a 
full description of the scope of this Agreement, see Appendix B of the 
Agreement.

Invitation for Comment

    As discussed above, Commerce has received a request to terminate 
the Agreement from the domestic interested parties and is currently 
evaluating the request. The Agreement, at Section F, provides that 
``{i{time} f the Department determines that the Agreement is being or 
has been violated or no longer meets the requirements of section 734(b) 
or (d) of the Act, Commerce shall take action it determines appropriate 
under section 734(i) of the Act and the regulations.''
    Section 734(i) of the Act provides that where, as here, the 
investigation was completed,\3\ Commerce shall suspend liquidation and 
issue an antidumping duty order under section 736(a) of the Act if 
Commerce determines that there has been a violation of the Agreement, 
or if the Agreement no longer meets the statutory requirements. 
Pursuant to 19 CFR 351.209(c)(1), if Commerce has reason to believe 
that a suspension agreement no longer meets the requirements of section 
734(d) of the Act, it will publish a notice inviting comment on the 
suspension agreement. Based on the domestic interested parties' request 
to terminate, we find that the requirements of 19 CFR 351.209(c)(1) 
have been met, and as such, are issuing this notice to seek comments to 
determine if suspension of the investigation no longer meets the 
statutory requirements.
---------------------------------------------------------------------------

    \3\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Cut-to-Length Carbon Steel Plate from the Russian 
Federation, 62 FR 61787 (November 19, 1997).
---------------------------------------------------------------------------

    After consideration of comments received, Commerce will determine 
whether the Agreement no longer meets the statutory requirements and, 
if appropriate, take necessary action in accordance with section 734(i) 
of the Act and 19 CFR 351.209(c).

Public Comment

    Interested parties may submit comments via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) no later than 30 days after the date of 
publication of this notice. ACCESS is available to registered users at 
https://access.trade.gov. Rebuttal comments, limited to issues raised 
in the affirmative comments, may be submitted via ACCESS no later than 
seven days after the deadline for comments. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\4\
---------------------------------------------------------------------------

    \4\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
---------------------------------------------------------------------------

    When submitting comments via ACCESS, interested parties must upload 
their submissions to the segment in ACCESS entitled ``Suspension 
Agreement'' and Segment Specific Information identified as ``2003.''

Notification to Interested Parties

    Commerce is issuing this notice in accordance with 734(i) of the 
Act and 19 CFR 351.209(c).


[[Page 24757]]


    Dated: April 19, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-08604 Filed 4-21-23; 8:45 am]
BILLING CODE 3510-DS-P

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