Countervailing Duty Investigation of Tin Mill Products From the People's Republic of China: Preliminary Determination of Critical Circumstances, in Part, 46738-46740 [2023-15392]

Download as PDF 46738 Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 / Notices DEPARTMENT OF COMMERCE DEPARTMENT OF COMMERCE Foreign-Trade Zones Board International Trade Administration [C–570–151] [Order No. 2148] Countervailing Duty Investigation of Tin Mill Products From the People’s Republic of China: Preliminary Determination of Critical Circumstances, in Part Approval of Subzone Expansion; Acushnet Company; Lakeville, Massachusetts lotter on DSK11XQN23PROD with NOTICES1 Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the Foreign-Trade Zones Board (the Board) adopts the following Order: Whereas, the Foreign-Trade Zones (FTZ) Act provides for ‘‘. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry; Whereas, the Board’s regulations (15 CFR part 400) provide for the establishment of subzones for specific uses; Whereas, the City of New Bedford, grantee of Foreign-Trade Zone 28, has made application to the Board to expand Subzone 28F on behalf of Acushnet Company in Lakeville, Massachusetts (FTZ Docket B–21–2023, docketed March 9, 2023); Whereas, notice inviting public comment has been given in the Federal Register (88 FR 15954, March 15, 2023) and the application has been processed pursuant to the FTZ Act and the Board’s regulations; and, Whereas, the Board adopts the findings and recommendations of the examiners’ memorandum, and finds that the requirements of the FTZ Act and the Board’s regulations are satisfied; Now, therefore, the Board hereby approves the application to expand Subzone 28F on behalf of Acushnet Company in Lakeville, Massachusetts, as described in the application and Federal Register notice, subject to the FTZ Act and the Board’s regulations, including section 400.13. Dated: July 17, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance, Alternate Chairman, ForeignTrade Zones Board. [FR Doc. 2023–15390 Filed 7–19–23; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:19 Jul 19, 2023 Jkt 259001 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that critical circumstances exist, in part, with respect to imports of tin mill products from one exporter/ producer of tin mill products in the countervailing duty (CVD) investigation of tin mill products from the People’s Republic of China (China). DATES: Applicable July 20, 2023. FOR FURTHER INFORMATION CONTACT: Genevieve Coen at (202) 482–3251 or Melissa Porpotage at (202) 482–1413; AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background In response to a petition filed on January 18, 2023, Commerce initiated a CVD investigation concerning tin mill products from China.1 On June 16, 2023, Cleveland-Cliffs Inc. and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (collectively, the petitioners) filed a timely allegation, pursuant to section 703(e)(1) of the Tariff Act of 1930, as amended, (the Act) and 19 CFR 351.206, that critical circumstances exist with respect to tin mill products from China.2 Commerce published its preliminary CVD determination on June 26, 2023.3 In the Preliminary Determination, we examined two mandatory respondents and assigned the all-others rate based 1 See Tin Mill Products from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 88 FR 9476 (February 14, 2023) (Initiation Notice). 2 See Petitioners’ Letter, ‘‘Petitioners’ Allegation of Critical Circumstances,’’ dated June 16, 2023 (Critical Circumstances Allegation). 3 See Tin Mill Products from the People’s Republic of China: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination with Final Antidumping Duty Determination, 88 FR 41373 (June 26, 2023) (Preliminary Determination) and accompanying Preliminary Decision Memorandum (PDM). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 upon the rate assigned to the single participating mandatory respondent, Shougang Jingtang United Iron & Steel Co., Ltd. (Jingtang Iron). We applied adverse facts available (AFA) to the second mandatory respondent, Baoshan Iron & Steel Co., Ltd. (Baoshan Iron).4 In accordance with section 703(e)(1) of the Act and 19 CFR 351.206(c)(1) and (2)(ii), because the petitioners submitted the critical circumstances allegation more than 30 days before the scheduled date of the final determination, Commerce will make a preliminary finding as to whether there is a reasonable basis to believe or suspect that critical circumstances exist and will issue a preliminary critical circumstances determination within 30 days after the allegation is filed. Critical Circumstances Allegation The petitioners allege that there was a massive increase of imports of tin mill products from China and provided monthly import data comparing a base period of November 2022 through January 2023 to a comparison period of February through April 2023.5 This comparison shows an increase of 23.6 percent in imports from China, which is ‘‘massive’’ under 19 CFR 351.206(h)(2). The petitioners also allege that there is a reasonable basis to believe that there are subsidies in this investigation which are inconsistent with the World Trade Organization Agreement on Subsidies and Countervailing Measures (SCM Agreement).6 Critical Circumstances Analysis Section 703(e)(1) of the Act provides that Commerce will determine that critical circumstances exist in CVD investigations if there is a reasonable basis to believe or suspect that: (A) the alleged countervailable subsidy is inconsistent with the SCM Agreement; and (B) there have been massive imports of the subject merchandise over a relatively short period.7 Pursuant to 19 CFR 351.206(h)(2), imports must increase by at least 15 percent during the ‘‘relatively short period’’ to be considered ‘‘massive,’’ and 19 CFR 351.206(i) defines a ‘‘relatively short period’’ as normally being the period beginning on the date the proceeding 4 See Preliminary Determination PDM at 9–10. Critical Circumstances Allegation at 4–6. 6 See section 771(8)(A) of the Act. 7 Commerce limits its critical circumstances findings to those subsidies contingent upon export performance or use of domestic over imported goods (i.e., those prohibited under Article 3 of the SCM Agreement). See, e.g., Final Affirmative Countervailing Duty Determination and Final Negative Critical Circumstances Determination: Carbon and Certain Alloy Steel Wire from Germany, 67 FR 55808, 55809–10 (August 30, 2002). 5 See E:\FR\FM\20JYN1.SGM 20JYN1 Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 / Notices begins (i.e., the date the petition is filed) and ending at least three months later.8 The regulations also provide, however, that if Commerce finds that importers, or exporters or producers, had reason to believe, at some time prior to the beginning of the proceeding, that a proceeding was likely, Commerce may consider a period of not less than three months from that earlier time.9 Alleged Countervailable Subsidies Are Inconsistent With the SCM Agreement To determine whether an alleged countervailable subsidy is inconsistent with the SCM Agreement, in accordance with section 703(e)(1)(A) of the Act, Commerce considered the evidence currently on the record of this investigation. As determined in the Preliminary Determination, we found the Export Buyer’s Credit Program to be export-contingent, and we applied AFA to find that the non-cooperating mandatory respondent Baoshan Iron used the following programs which the record indicates are export-contingent, rendering them inconsistent with the SCM Agreement: Export Seller’s Credit; Export Buyer’s Credit; Foreign Trade Development Fund Grants; Export Assistance Grants; and Subsidies for the Development of Famous Brands and China World Top Brands.10 Therefore, Commerce preliminarily determines, for purposes of this critical circumstances determination, that there are subsidies in this investigation that are inconsistent with the SCM Agreement. Massive Imports In determining whether there have been ‘‘massive imports’’ over a ‘‘relatively short period,’’ pursuant to section 703(e)(1)(B) of the Act, Commerce normally compares the import volumes of the subject merchandise for at least three months immediately preceding the filing of the petition (i.e., the ‘‘base period’’) to a comparable period of at least three months following the filing of the petition (i.e., the ‘‘comparison period’’). In this case, Commerce compared the import volumes of subject merchandise, as provided by the cooperating mandatory respondent, Jingtang Iron,11 lotter on DSK11XQN23PROD with NOTICES1 8 See 19 CFR 351.102 and 19 CFR 351.206. 9 See 19 CFR 351.206(i). 10 See Preliminary Determination PDM at 19 and Appendix I; see also 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, at Volume X. 11 See Jingtang Iron’s Letter, ‘‘Shipment Data for Critical Circumstances,’’ dated July 7, 2023. VerDate Sep<11>2014 17:19 Jul 19, 2023 Jkt 259001 for the four months immediately preceding and four months following the filing of the petition, ending with the month prior to the Preliminary Determination. Imports normally will be considered massive when imports during the comparison period have increased by 15 percent or more compared to imports during the base period.12 Because the petition was filed on January 18, 2023, to determine whether there was a massive surge in imports for the cooperating mandatory respondent, Commerce compared the total volume of shipments during the period October 2022 through January 2023 with the volume of shipments during the following four-month period of February 2023 through May 2023. Based on this analysis, we preliminarily determine that there was no massive surge in imports for the cooperating mandatory respondent, Jingtang Iron. For ‘‘all others,’’ we applied our normal practice and analyzed monthly shipment data for the same time period, using import data from Global Trade Atlas (GTA),13 adjusted to remove the cooperating mandatory respondent’s shipment data. Although the quantity of shipments reported by Jingtang Iron for one month each in the base and comparison periods was greater than the quantity of imports recorded in the GTA statistics for the U.S. Harmonized Tariff Schedule categories included in the petition for those months, we considered the data generally probative and analyzed the overall shipment data by comparing the base and comparison periods, respectively. Based on this analysis, we find that there were no massive imports for ‘‘all other’’ producers from China. As explained in the Preliminary Determination, we preliminarily applied total AFA to Baoshan Iron because it failed to cooperate in this proceeding.14 For Baoshan Iron, we preliminarily determine, in accordance with section 776(b) of the Act, that there was a massive surge in imports between the base and comparison periods. Conclusion Based on the criteria and findings discussed above, we preliminarily determine that critical circumstances exist with respect to imports of tin mill products from China produced or exported by Baoshan Iron. We 19 CFR 351.206(h)(2). gathered GTA data under the following harmonized tariff schedule numbers: 7210.11.0000, 7210.12.0000, 7210.50.0020, 7210.50.0090, 7212.10.0000, 7212.50.0000, 7225.99.0090, 7226.99.0180. 14 See Preliminary Determination PDM at 9–16. PO 00000 12 See 13 Commerce Frm 00009 Fmt 4703 Sfmt 4703 46739 preliminarily determine that critical circumstances do not exist with respect to imports of tin mill products from China with respect to Jingtang Iron or all other producers. Final Critical Circumstances Determinations We will make a final critical circumstances determination concerning critical circumstances in the final CVD determination, which is currently scheduled for October 30, 2023. Public Comment A schedule for case briefs or other written comments will be established at a later date. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than seven days after the deadline date for case briefs.15 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation are encouraged to submit with each argument: (1) a statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.16 Electronically filed documents must be received successfully in their entirety by 5:00 p.m. Eastern Time on the due dates established.17 Suspension of Liquidation In accordance with section 703(e)(2)(A) of the Act, for Baoshan Iron, we intend to direct U.S. Customs and Border Protection (CBP) to suspend liquidation of any unliquidated entries of subject merchandise from China entered, or withdrawn from warehouse for consumption, on or after March 28, 2023, which is 90 days prior to the date of publication of the Preliminary Determination in the Federal Register. For such entries, CBP shall require a cash deposit equal to the estimated preliminary subsidy rates established in the Preliminary Determination. This suspension of liquidation will remain in effect until further notice. U.S. International Trade Commission (ITC) Notification In accordance with section 703(f) of the Act, we will notify the ITC of this preliminary determination of critical circumstances. This determination is issued and published pursuant to section 703(f) and 777(i) of the Act and 19 CFR 351.206. 15 See 19 CFR 351.309(d)(1). 19 CFR 351.309(c)(2) and (d)(2). 17 See 19 CFR 351.303(b)(1). 16 See E:\FR\FM\20JYN1.SGM 20JYN1 46740 Federal Register / Vol. 88, No. 138 / Thursday, July 20, 2023 / Notices Dated: July 14, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–15392 Filed 7–19–23; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–051, C–570–052] Certain Hardwood Plywood Products From the People’s Republic of China: Final Scope Determination and Affirmative Final Determination of Circumvention of the Antidumping and Countervailing Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that imports of certain hardwood plywood products (hardwood plywood), completed in the Socialist Republic of Vietnam (Vietnam) using plywood inputs and components (face veneer, back veneer, and/or either an assembled core or individual core veneers) manufactured in the People’s Republic of China (China), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on hardwood plywood from China. DATES: Applicable July 20, 2023. FOR FURTHER INFORMATION CONTACT: Rachel Jennings, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–1110. SUPPLEMENTARY INFORMATION: AGENCY: Background lotter on DSK11XQN23PROD with NOTICES1 On July 29, 2022, Commerce published the preliminary determination 1 for the circumvention and scope inquiries of the AD and CVD orders on hardwood plywood from China which were assembled in Vietnam using hardwood plywood inputs sourced from China.2 We invited 1 See Certain Hardwood Plywood Products from the People’s Republic of China: Preliminary Scope Determination and Affirmative Preliminary Determination of the Antidumping and Countervailing Duty Orders, 87 FR 45753 (July 29, 2022) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Certain Hardwood Plywood Products from the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 83 FR 504 (January 4, 2018); and Certain Hardwood Plywood Products from the People’s Republic of China: Countervailing VerDate Sep<11>2014 17:19 Jul 19, 2023 Jkt 259001 parties to comment on the Preliminary Determination. A summary of events that occurred since Commerce published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.3 Commerce conducted this scope inquiry in accordance with 19 CFR 351.225(c) and (h), and this circumvention inquiry in accordance with section 781(b) of the Tariff Act of 1930, as amended (the Act). Scope of the Orders The merchandise covered by the scope of these Orders is hardwood plywood and decorative plywood from China. A complete description of the scope of the Orders is contained in the Issues and Decision Memorandum.4 Merchandise Subject To Scope and Circumvention Inquiries These scope and circumvention inquiries cover hardwood plywood exported to the United States that was completed in Vietnam using: (1) face/ back veneers and assembled core components (e.g., veneer core platforms) manufactured in China; (2) fully assembled veneer core platforms manufactured in China and face/back veneer produced in Vietnam or third countries; (3) multi-ply panels of glued core veneers manufactured in China and combined in Vietnam to produce veneer core platforms and combined with either face and/or back veneer produced in China, Vietnam, or a third country; (4) face/back veneers and individual core veneers produced in China; and (5) individual core veneers manufactured in China and processed into a veneer core platform 5 in Vietnam and combined with face/back veneer produced in Vietnam or a third country. Methodology Commerce made these final circumvention findings in accordance with section 781(b) of the Act and 19 Duty Order, 83 FR 513 (January 4, 2018) (collectively, Orders). 3 See Memorandum, ‘‘Issues and Decision Memorandum for Circumvention and Scope Inquiries of the Antidumping Duty and Countervailing Duty Orders on Certain Hardwood Plywood Products from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 4 Id. 5 A veneer core platform is defined as two or more wood veneers that form the core of an otherwise completed hardwood plywood product (i.e., a hardwood plywood product to which the outer (face and back) veneers have not yet been affixed). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 CFR 351.225(g).6 In the Preliminary Determination, we relied on information placed on the record by the Coalition for Fair Trade in Hardwood Plywood and the Government of Vietnam, and information we placed on the record. We also relied on the facts available under section 776(a) of the Act, including facts available with adverse inferences under section 776(b) of the Act, where appropriate. In particular, we requested information from numerous companies in Vietnam in conducting these inquiries. While we received responses from the majority of these companies, several companies failed to respond to our initial quantity and value (Q&V) questionnaire and/or a supplemental Q&V questionnaire and additional companies provided information that either contained significant discrepancies and inconsistencies or was misleading.7 Therefore, we preliminarily found that these companies withheld information, failed to provide information by the deadline or in the form and manner requested, and significantly impeded these inquiries. Thus, we found that they failed to cooperate to the best of their abilities; thereby, we have used adverse inferences when selecting from among the facts otherwise available on the record for certain aspects of the Preliminary Determination, pursuant to sections 776(a) and (b) of the Act. After considering comments from interested parties, for this final determination, we have determined, based on adverse inferences, that 37 companies produce hardwood plywood under all five of the production scenarios subject to these inquiries. Additionally, we determine that these 37 companies 8 are precluded from participating in the certification program we established for applicable exports of hardwood plywood from Vietnam. For a full description of the methodology underlying the final 6 Commerce significantly revised its scope regulations on September 20, 2021, with an effective date of November 4, 2021. See Regulations to Improve Administration and Enforcement of Antidumping and Countervailing Duty Laws, 86 FR 52300 (September 20, 2021). The amendments to 19 CFR 351.225 apply to scope inquiries for which a scope ruling application is filed, as well as any scope inquiry self-initiated by Commerce, on or after November 4, 2021. The newly promulgated 19 CFR 351.226 applies to circumvention inquiries for which a circumvention request is filed, as well as any circumvention inquiry self-initiated by Commerce, on or after November 4, 2021. We note that these scope and circumvention inquiries were initiated prior to the effective date of the new regulations, and, thus, any reference to the regulations is to the prior version of the regulations. 7 See Preliminary Determination, 87 FR at Appendix V for a list of companies that either failed to respond to our requests for information or provided unreliable information. 8 Id. E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Notices]
[Pages 46738-46740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15392]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-151]


Countervailing Duty Investigation of Tin Mill Products From the 
People's Republic of China: Preliminary Determination of Critical 
Circumstances, in Part

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that critical circumstances exist, in part, with respect to 
imports of tin mill products from one exporter/producer of tin mill 
products in the countervailing duty (CVD) investigation of tin mill 
products from the People's Republic of China (China).

DATES: Applicable July 20, 2023.

FOR FURTHER INFORMATION CONTACT: Genevieve Coen at (202) 482-3251 or 
Melissa Porpotage at (202) 482-1413; AD/CVD Operations, Office II, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    In response to a petition filed on January 18, 2023, Commerce 
initiated a CVD investigation concerning tin mill products from 
China.\1\ On June 16, 2023, Cleveland-Cliffs Inc. and the United Steel, 
Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial 
and Service Workers International Union (collectively, the petitioners) 
filed a timely allegation, pursuant to section 703(e)(1) of the Tariff 
Act of 1930, as amended, (the Act) and 19 CFR 351.206, that critical 
circumstances exist with respect to tin mill products from China.\2\ 
Commerce published its preliminary CVD determination on June 26, 
2023.\3\ In the Preliminary Determination, we examined two mandatory 
respondents and assigned the all-others rate based upon the rate 
assigned to the single participating mandatory respondent, Shougang 
Jingtang United Iron & Steel Co., Ltd. (Jingtang Iron). We applied 
adverse facts available (AFA) to the second mandatory respondent, 
Baoshan Iron & Steel Co., Ltd. (Baoshan Iron).\4\
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    \1\ See Tin Mill Products from the People's Republic of China: 
Initiation of Countervailing Duty Investigation, 88 FR 9476 
(February 14, 2023) (Initiation Notice).
    \2\ See Petitioners' Letter, ``Petitioners' Allegation of 
Critical Circumstances,'' dated June 16, 2023 (Critical 
Circumstances Allegation).
    \3\ See Tin Mill Products from the People's Republic of China: 
Preliminary Affirmative Countervailing Duty Determination and 
Alignment of Final Determination with Final Antidumping Duty 
Determination, 88 FR 41373 (June 26, 2023) (Preliminary 
Determination) and accompanying Preliminary Decision Memorandum 
(PDM).
    \4\ See Preliminary Determination PDM at 9-10.
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    In accordance with section 703(e)(1) of the Act and 19 CFR 
351.206(c)(1) and (2)(ii), because the petitioners submitted the 
critical circumstances allegation more than 30 days before the 
scheduled date of the final determination, Commerce will make a 
preliminary finding as to whether there is a reasonable basis to 
believe or suspect that critical circumstances exist and will issue a 
preliminary critical circumstances determination within 30 days after 
the allegation is filed.

Critical Circumstances Allegation

    The petitioners allege that there was a massive increase of imports 
of tin mill products from China and provided monthly import data 
comparing a base period of November 2022 through January 2023 to a 
comparison period of February through April 2023.\5\ This comparison 
shows an increase of 23.6 percent in imports from China, which is 
``massive'' under 19 CFR 351.206(h)(2). The petitioners also allege 
that there is a reasonable basis to believe that there are subsidies in 
this investigation which are inconsistent with the World Trade 
Organization Agreement on Subsidies and Countervailing Measures (SCM 
Agreement).\6\
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    \5\ See Critical Circumstances Allegation at 4-6.
    \6\ See section 771(8)(A) of the Act.
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Critical Circumstances Analysis

    Section 703(e)(1) of the Act provides that Commerce will determine 
that critical circumstances exist in CVD investigations if there is a 
reasonable basis to believe or suspect that: (A) the alleged 
countervailable subsidy is inconsistent with the SCM Agreement; and (B) 
there have been massive imports of the subject merchandise over a 
relatively short period.\7\ Pursuant to 19 CFR 351.206(h)(2), imports 
must increase by at least 15 percent during the ``relatively short 
period'' to be considered ``massive,'' and 19 CFR 351.206(i) defines a 
``relatively short period'' as normally being the period beginning on 
the date the proceeding

[[Page 46739]]

begins (i.e., the date the petition is filed) and ending at least three 
months later.\8\ The regulations also provide, however, that if 
Commerce finds that importers, or exporters or producers, had reason to 
believe, at some time prior to the beginning of the proceeding, that a 
proceeding was likely, Commerce may consider a period of not less than 
three months from that earlier time.\9\
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    \7\ Commerce limits its critical circumstances findings to those 
subsidies contingent upon export performance or use of domestic over 
imported goods (i.e., those prohibited under Article 3 of the SCM 
Agreement). See, e.g., Final Affirmative Countervailing Duty 
Determination and Final Negative Critical Circumstances 
Determination: Carbon and Certain Alloy Steel Wire from Germany, 67 
FR 55808, 55809-10 (August 30, 2002).
    \8\ See 19 CFR 351.102 and 19 CFR 351.206.
    \9\ See 19 CFR 351.206(i).
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Alleged Countervailable Subsidies Are Inconsistent With the SCM 
Agreement

    To determine whether an alleged countervailable subsidy is 
inconsistent with the SCM Agreement, in accordance with section 
703(e)(1)(A) of the Act, Commerce considered the evidence currently on 
the record of this investigation. As determined in the Preliminary 
Determination, we found the Export Buyer's Credit Program to be export-
contingent, and we applied AFA to find that the non-cooperating 
mandatory respondent Baoshan Iron used the following programs which the 
record indicates are export-contingent, rendering them inconsistent 
with the SCM Agreement: Export Seller's Credit; Export Buyer's Credit; 
Foreign Trade Development Fund Grants; Export Assistance Grants; and 
Subsidies for the Development of Famous Brands and China World Top 
Brands.\10\
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    \10\ See Preliminary Determination PDM at 19 and Appendix I; see 
also 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, at 
Volume X.
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    Therefore, Commerce preliminarily determines, for purposes of this 
critical circumstances determination, that there are subsidies in this 
investigation that are inconsistent with the SCM Agreement.

Massive Imports

    In determining whether there have been ``massive imports'' over a 
``relatively short period,'' pursuant to section 703(e)(1)(B) of the 
Act, Commerce normally compares the import volumes of the subject 
merchandise for at least three months immediately preceding the filing 
of the petition (i.e., the ``base period'') to a comparable period of 
at least three months following the filing of the petition (i.e., the 
``comparison period''). In this case, Commerce compared the import 
volumes of subject merchandise, as provided by the cooperating 
mandatory respondent, Jingtang Iron,\11\ for the four months 
immediately preceding and four months following the filing of the 
petition, ending with the month prior to the Preliminary Determination. 
Imports normally will be considered massive when imports during the 
comparison period have increased by 15 percent or more compared to 
imports during the base period.\12\
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    \11\ See Jingtang Iron's Letter, ``Shipment Data for Critical 
Circumstances,'' dated July 7, 2023.
    \12\ See 19 CFR 351.206(h)(2).
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    Because the petition was filed on January 18, 2023, to determine 
whether there was a massive surge in imports for the cooperating 
mandatory respondent, Commerce compared the total volume of shipments 
during the period October 2022 through January 2023 with the volume of 
shipments during the following four-month period of February 2023 
through May 2023. Based on this analysis, we preliminarily determine 
that there was no massive surge in imports for the cooperating 
mandatory respondent, Jingtang Iron.
    For ``all others,'' we applied our normal practice and analyzed 
monthly shipment data for the same time period, using import data from 
Global Trade Atlas (GTA),\13\ adjusted to remove the cooperating 
mandatory respondent's shipment data. Although the quantity of 
shipments reported by Jingtang Iron for one month each in the base and 
comparison periods was greater than the quantity of imports recorded in 
the GTA statistics for the U.S. Harmonized Tariff Schedule categories 
included in the petition for those months, we considered the data 
generally probative and analyzed the overall shipment data by comparing 
the base and comparison periods, respectively. Based on this analysis, 
we find that there were no massive imports for ``all other'' producers 
from China.
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    \13\ Commerce gathered GTA data under the following harmonized 
tariff schedule numbers: 7210.11.0000, 7210.12.0000, 7210.50.0020, 
7210.50.0090, 7212.10.0000, 7212.50.0000, 7225.99.0090, 
7226.99.0180.
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    As explained in the Preliminary Determination, we preliminarily 
applied total AFA to Baoshan Iron because it failed to cooperate in 
this proceeding.\14\ For Baoshan Iron, we preliminarily determine, in 
accordance with section 776(b) of the Act, that there was a massive 
surge in imports between the base and comparison periods.
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    \14\ See Preliminary Determination PDM at 9-16.
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Conclusion

    Based on the criteria and findings discussed above, we 
preliminarily determine that critical circumstances exist with respect 
to imports of tin mill products from China produced or exported by 
Baoshan Iron. We preliminarily determine that critical circumstances do 
not exist with respect to imports of tin mill products from China with 
respect to Jingtang Iron or all other producers.

Final Critical Circumstances Determinations

    We will make a final critical circumstances determination 
concerning critical circumstances in the final CVD determination, which 
is currently scheduled for October 30, 2023.

Public Comment

    A schedule for case briefs or other written comments will be 
established at a later date. Rebuttal briefs, limited to issues raised 
in case briefs, may be submitted no later than seven days after the 
deadline date for case briefs.\15\ Pursuant to 19 CFR 351.309(c)(2) and 
(d)(2), parties who submit case briefs or rebuttal briefs in this 
investigation are encouraged to submit with each argument: (1) a 
statement of the issue; (2) a brief summary of the argument; and (3) a 
table of authorities.\16\
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    \15\ See 19 CFR 351.309(d)(1).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
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    Electronically filed documents must be received successfully in 
their entirety by 5:00 p.m. Eastern Time on the due dates 
established.\17\
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    \17\ See 19 CFR 351.303(b)(1).
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Suspension of Liquidation

    In accordance with section 703(e)(2)(A) of the Act, for Baoshan 
Iron, we intend to direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of any unliquidated entries of subject merchandise 
from China entered, or withdrawn from warehouse for consumption, on or 
after March 28, 2023, which is 90 days prior to the date of publication 
of the Preliminary Determination in the Federal Register. For such 
entries, CBP shall require a cash deposit equal to the estimated 
preliminary subsidy rates established in the Preliminary Determination. 
This suspension of liquidation will remain in effect until further 
notice.

U.S. International Trade Commission (ITC) Notification

    In accordance with section 703(f) of the Act, we will notify the 
ITC of this preliminary determination of critical circumstances.
    This determination is issued and published pursuant to section 
703(f) and 777(i) of the Act and 19 CFR 351.206.


[[Page 46740]]


    Dated: July 14, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-15392 Filed 7-19-23; 8:45 am]
BILLING CODE 3510-DS-P

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