Certain Cut-to-Length Carbon Steel Plate From the Russian Federation: Termination of the Suspension Agreement and Issuance of Antidumping Duty Order, 55012-55013 [2023-17407]
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55012
Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Notices
Continuation of the Orders
DEPARTMENT OF COMMERCE
As a result of the determinations by
Commerce and the ITC that revocation
of the Orders would likely lead to
continuation or recurrence of dumping
and material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, Commerce hereby
orders the continuation of the Orders.
U.S. Customs and Border Protection will
continue to collect AD cash deposits at
the rates in effect at the time of entry for
all imports of subject merchandise.
The effective date of the continuation
of the Orders will be August 2, 2023.5
Pursuant to section 751(c)(2) of the Act,
Commerce intends to initiate the next
five-year (sunset) reviews of the Orders
not later than 30 days prior to the fifth
anniversary of the date of the last
determination by the Commission.
International Trade Administration
Administrative Protective Order (APO)
This notice also serves as a final
reminder to parties subject to an APO of
their responsibility concerning the
return or destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
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 terms of an APO is a
violation which is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and
this notice are in accordance with
sections 751(c) and 751(d)(2) of the Act
and published in accordance with
section 777(i) of the Act, and 19 CFR
351.218(f)(4).
Dated: August 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2023–17409 Filed 8–11–23; 8:45 am]
ddrumheller on DSK120RN23PROD with NOTICES1
BILLING CODE 3510–DS–P
5 See
17:38 Aug 11, 2023
Certain Cut-to-Length Carbon Steel
Plate From the Russian Federation:
Termination of the Suspension
Agreement and Issuance of
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is terminating
the Agreement Suspending the
Antidumping Duty Investigation on
Certain Cut-to-Length Carbon Steel Plate
(CTL plate) from the Russian Federation
(Russia) (2003 Agreement). Accordingly,
Commerce is issuing an antidumping
duty (AD) order on CTL plate from
Russia. Commerce is directing the
suspension of liquidation and collection
of cash deposits to begin on the date of
publication of this notice.
DATES: Applicable August 14, 2023.
FOR FURTHER INFORMATION CONTACT:
Sally C. Gannon or David Cordell,
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:
AGENCY:
Background
On December 3, 1996, Commerce
initiated an AD investigation under
section 732 of the Tariff Act of 1930, as
amended (the Act) on CTL plate from
Russia.1 Commerce suspended the AD
investigation on October 24, 1997, on
the basis of an agreement between
Commerce and the Government of
Russia (GOR) under section 734(l) of the
Act to restrict the volume of direct and
indirect exports to the United States of
CTL plate from all Russian producers/
exporters and to revise its prices to
eliminate completely sales of this
merchandise to the United States at less
than fair value.2 In the Final
Determination, Commerce calculated
weighted-average dumping margins of
53.81 percent for Joint Stock Company
Severstal (Severstal) and 185.00 percent
1 See Initiation of Antidumping Duty
Investigations: Certain Cut-To-Length Carbon Steel
Plate from the People’s Republic of China, Ukraine,
the Russian Federation, and the Republic of South
Africa, 61 FR 64051 (December 3, 1996).
2 See Suspension of Antidumping Duty
Investigation: Certain Cut-to-Length Carbon Steel
Plate from the Russian Federation, 62 FR 61780
(November 19, 1997) (1997 Suspension Agreement).
ITC Final Determination.
VerDate Sep<11>2014
[A–821–808]
Jkt 259001
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
for the ‘‘Russia-wide’’ entity.3 In
December 1997, the U.S. International
Trade Commission (ITC) determined
that an industry in the United States
was threatened with material injury by
reason of imports of CTL plate from
China, Russia, South Africa, and
Ukraine.4
On June 6, 2002, based on the
evidence of Russian economic reforms
to that date, Commerce revoked Russia’s
status as a non-market economy (NME)
country under section 771(18)(B) of the
Act, effective on April 1, 2002.5 On
December 20, 2002, Commerce and
three Russian CTL plate producers,
Severstal, JSC Magnitogorsk Iron and
Steel Works, and JSC NOSTA (OKIW)
Integrated Iron-Steel Works, signed a
revised suspension agreement pursuant
to section 734(b) of the Act. The
effective date of the 2003 Agreement
was January 23, 2003.6
On November 9, 2022, Commerce
revoked Russia’s market-economy status
in the AD investigation into Emulsion
Styrene-Butadiene Rubber from the
Russian Federation.7 On March 30,
2023, domestic producers Nucor
Corporation, Cleveland-Cliffs Inc., and
SSAB Enterprises LLC (collectively,
domestic parties) filed a request to
terminate the 2003 Agreement.8 They
argue that the 2003 Agreement is no
longer in the public interest primarily
because in November 2022 Commerce
reclassified Russia as an NME country.
We asked interested parties to
comment on the request in a Federal
Register notice published on April 24,
2023.9 We received comments from the
domestic parties and the GOR. We
received rebuttal comments from the
domestic parties. These comments are
summarized and addressed in the
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, 61794 (November 19, 1997) (Final
Determination).
4 See Certain Carbon Steel Plate from China,
Russia, South Africa, and Ukraine, Inv. Nos. 731–
TA–753- 756 (Final), USITC Pub. 3076 (December
1997) (ITC Determination).
5 See Memorandum, ‘‘Inquiry into the Status of
the Russian Federation as a Non-Market Economy
Country Under the U.S. Antidumping Law,’’ dated
June 6, 2002.
6 See Suspension of Antidumping Duty
Investigation of Certain Cut-to-Length Carbon Steel
Plate from the Russian Federation, 68 FR 3859
(January 27, 2003).
7 See Emulsion Styrene-Butadiene Rubber from
the Russian Federation, 87 FR 69002 (November 17,
2022) (final and classification of the Russian
Federation as an NME).
8 See Domestic Parties’ Letter, ‘‘Request to
Terminate Suspension Agreement,’’ dated March
30, 2023.
9 See Invitation for Comment on the Agreement
Suspending the Antidumping Duty Investigation of
Certain Cut-to-Length Carbon Steel Plate from the
Russian Federation, 88 FR 24756 (April 24, 2023).
E:\FR\FM\14AUN1.SGM
14AUN1
Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Notices
The ad valorem rates for this AD
order are as follows:
accompanying Issues and Decision
Memorandum (IDM). For the reasons
addressed in the IDM, Commerce is
terminating the 2003 Agreement and
instituting an AD order.
Producer/exporter
ddrumheller on DSK120RN23PROD with NOTICES1
Antidumping Duty Order
As noted above, the underlying
investigation in this proceeding was
continued pursuant to section 734(g) of
the Act. Commerce made a final
affirmative AD determination, and the
ITC found material injury.10 Therefore,
in light of the termination of the 2003
Agreement and the final affirmative
determinations issued by Commerce
and ITC, in accordance with section
735(c)(2) of the Act, Commerce is
issuing an AD order and will instruct
U.S. Customs and Border Protection
(CBP) to suspend liquidation of entries
of subject merchandise, entered, or
withdrawn from warehouse, for
consumption on after the date of
publication of this Notice. These
suspension-of-liquidation instructions
will remain in effect until further notice.
In accordance with section 736(a)(1)
of the Act, Commerce is directing CBP
to assess, upon further instruction by
Commerce, antidumping duties equal to
the amount by which the normal value
of the merchandise exceeds the export
price (or constructed export price) of the
merchandise, for all entries of CTL plate
from Russia subject to the scope of this
order in the appendix below.
Commerce also shall instruct CBP to
require a cash deposit for each entry
equal to the AD estimated weightedaverage margin rates found in
Commerce’s Final Determination, as
listed below. Accordingly, for entries of
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication of this Federal Register
notice, CBP will require, at the same
time as importers would normally
deposit estimated duties on the subject
merchandise, a cash deposit equal to the
estimated weighted-average dumping
margins listed below. Therefore,
effective on the date of publication of
this notice, CBP shall require a cash
deposit equal to the cash deposit rates
shown below. These suspension of
liquidation and cash deposit
instructions will remain in effect until
further notice.
10 See Final Determination, and ITC
Determination, respectively.
VerDate Sep<11>2014
17:38 Aug 11, 2023
Estimated
weightedaverage
dumping
margin
(percent)
Jkt 259001
Joint Stock Company
Severstal ...........................
Russia-wide Rate .................
53.81
185.00
The Russia-Wide Rate
A Russia-wide rate was assigned to
certain CTL plate based on the average
margin contained in the petition. The
Russia-wide rate applies to all entries of
subject merchandise except for entries
from exporters/factories that are
identified individually above.
Notification to Interested Parties
This notice constitutes the AD order
with respect to CTL plate from Russia
pursuant to section 736(a) of the Act.
Interested parties can find a list of AD
orders currently in effect at https://
enforcement.trade.gov/stats/
iastats1.html. This order is issued and
published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: August 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Scope of the Order
The scope of the order includes hot-rolled
iron and non-alloy steel universal mill plates
(i.e., flat-rolled products rolled on four faces
or in a closed box pass, of a width exceeding
150 mm but not exceeding 1250 mm and of
a thickness of not less than 4 mm, not in coils
and without patterns in relief), of rectangular
shape, neither clad, plated nor coated with
metal, whether or not painted, varnished, or
coated with plastics or other nonmetallic
substances; and certain iron and non-alloy
steel flat-rolled products not in coils, of
rectangular shape, hot-rolled, neither clad,
plated, nor coated with metal, whether or not
painted, varnished, or coated with plastics or
other nonmetallic substances, 4.75 mm or
more in thickness and of a width which
exceeds 150 mm and measures at least twice
the thickness.
Included as subject merchandise in the
order are flat-rolled products of
nonrectangular cross-section where such
cross-section is achieved subsequent to the
rolling process (i.e., products which have
been ‘‘worked after rolling’’) for example,
products which have been beveled or
rounded at the edges.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
55013
This merchandise is currently classified in
the Harmonized Tariff Schedule of the
United States (HTSUS) 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 HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
scope of the order is dispositive. Specifically
excluded from subject merchandise within
the scope of this order is grade X–70 steel
plate.
[FR Doc. 2023–17407 Filed 8–11–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD236]
Marine Mammals and Endangered
Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permits.
AGENCY:
Notice is hereby given that
permits have been issued to the
following entities under the Marine
Mammal Protection Act (MMPA) and
the Endangered Species Act (ESA), as
applicable.
SUMMARY:
The permits and related
documents are available for review
upon written request via email to
NMFS.Pr1Comments@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Jennifer Skidmore (Permit No. 26774
and 27233), Courtney Smith, Ph.D.
(Permit No. 27057), Sara Young (Permit
No. 26767), Carrie Hubard (Permit No.
27193), and Shasta McClenahan, Ph.D.
(Permit No. 27066); at (301) 427–8401.
SUPPLEMENTARY INFORMATION: Notices
were published in the Federal Register
on the dates listed below that requests
for a permit had been submitted by the
below-named applicants. To locate the
Federal Register notice that announced
our receipt of the application and a
complete description of the activities, go
to https://www.federalregister.gov and
search on the permit number provided
in Table 1 below.
ADDRESSES:
E:\FR\FM\14AUN1.SGM
14AUN1
]]>Agencies
[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Notices]
[Pages 55012-55013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17407]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-808]
Certain Cut-to-Length Carbon Steel Plate From the Russian
Federation: Termination of the Suspension Agreement and Issuance of
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is terminating the
Agreement Suspending the Antidumping Duty Investigation on Certain Cut-
to-Length Carbon Steel Plate (CTL plate) from the Russian Federation
(Russia) (2003 Agreement). Accordingly, Commerce is issuing an
antidumping duty (AD) order on CTL plate from Russia. Commerce is
directing the suspension of liquidation and collection of cash deposits
to begin on the date of publication of this notice.
DATES: Applicable August 14, 2023.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell,
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 December 3, 1996, Commerce initiated an AD investigation under
section 732 of the Tariff Act of 1930, as amended (the Act) on CTL
plate from Russia.\1\ Commerce suspended the AD investigation on
October 24, 1997, on the basis of an agreement between Commerce and the
Government of Russia (GOR) under section 734(l) of the Act to restrict
the volume of direct and indirect exports to the United States of CTL
plate from all Russian producers/exporters and to revise its prices to
eliminate completely sales of this merchandise to the United States at
less than fair value.\2\ In the Final Determination, Commerce
calculated weighted-average dumping margins of 53.81 percent for Joint
Stock Company Severstal (Severstal) and 185.00 percent for the
``Russia-wide'' entity.\3\ In December 1997, the U.S. International
Trade Commission (ITC) determined that an industry in the United States
was threatened with material injury by reason of imports of CTL plate
from China, Russia, South Africa, and Ukraine.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping Duty Investigations: Certain
Cut-To-Length Carbon Steel Plate from the People's Republic of
China, Ukraine, the Russian Federation, and the Republic of South
Africa, 61 FR 64051 (December 3, 1996).
\2\ See Suspension of Antidumping Duty Investigation: Certain
Cut-to-Length Carbon Steel Plate from the Russian Federation, 62 FR
61780 (November 19, 1997) (1997 Suspension Agreement).
\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, 61794 (November 19, 1997) (Final
Determination).
\4\ See Certain Carbon Steel Plate from China, Russia, South
Africa, and Ukraine, Inv. Nos. 731-TA-753- 756 (Final), USITC Pub.
3076 (December 1997) (ITC Determination).
---------------------------------------------------------------------------
On June 6, 2002, based on the evidence of Russian economic reforms
to that date, Commerce revoked Russia's status as a non-market economy
(NME) country under section 771(18)(B) of the Act, effective on April
1, 2002.\5\ On December 20, 2002, Commerce and three Russian CTL plate
producers, Severstal, JSC Magnitogorsk Iron and Steel Works, and JSC
NOSTA (OKIW) Integrated Iron-Steel Works, signed a revised suspension
agreement pursuant to section 734(b) of the Act. The effective date of
the 2003 Agreement was January 23, 2003.\6\
---------------------------------------------------------------------------
\5\ See Memorandum, ``Inquiry into the Status of the Russian
Federation as a Non-Market Economy Country Under the U.S.
Antidumping Law,'' dated June 6, 2002.
\6\ 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 November 9, 2022, Commerce revoked Russia's market-economy
status in the AD investigation into Emulsion Styrene-Butadiene Rubber
from the Russian Federation.\7\ On March 30, 2023, domestic producers
Nucor Corporation, Cleveland-Cliffs Inc., and SSAB Enterprises LLC
(collectively, domestic parties) filed a request to terminate the 2003
Agreement.\8\ They argue that the 2003 Agreement is no longer in the
public interest primarily because in November 2022 Commerce
reclassified Russia as an NME country.
---------------------------------------------------------------------------
\7\ See Emulsion Styrene-Butadiene Rubber from the Russian
Federation, 87 FR 69002 (November 17, 2022) (final and
classification of the Russian Federation as an NME).
\8\ See Domestic Parties' Letter, ``Request to Terminate
Suspension Agreement,'' dated March 30, 2023.
---------------------------------------------------------------------------
We asked interested parties to comment on the request in a Federal
Register notice published on April 24, 2023.\9\ We received comments
from the domestic parties and the GOR. We received rebuttal comments
from the domestic parties. These comments are summarized and addressed
in the
[[Page 55013]]
accompanying Issues and Decision Memorandum (IDM). For the reasons
addressed in the IDM, Commerce is terminating the 2003 Agreement and
instituting an AD order.
---------------------------------------------------------------------------
\9\ See Invitation for Comment on the Agreement Suspending the
Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel
Plate from the Russian Federation, 88 FR 24756 (April 24, 2023).
---------------------------------------------------------------------------
Antidumping Duty Order
As noted above, the underlying investigation in this proceeding was
continued pursuant to section 734(g) of the Act. Commerce made a final
affirmative AD determination, and the ITC found material injury.\10\
Therefore, in light of the termination of the 2003 Agreement and the
final affirmative determinations issued by Commerce and ITC, in
accordance with section 735(c)(2) of the Act, Commerce is issuing an AD
order and will instruct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise, entered, or
withdrawn from warehouse, for consumption on after the date of
publication of this Notice. These suspension-of-liquidation
instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\10\ See Final Determination, and ITC Determination,
respectively.
---------------------------------------------------------------------------
In accordance with section 736(a)(1) of the Act, Commerce is
directing CBP to assess, upon further instruction by Commerce,
antidumping duties equal to the amount by which the normal value of the
merchandise exceeds the export price (or constructed export price) of
the merchandise, for all entries of CTL plate from Russia subject to
the scope of this order in the appendix below.
Commerce also shall instruct CBP to require a cash deposit for each
entry equal to the AD estimated weighted-average margin rates found in
Commerce's Final Determination, as listed below. Accordingly, for
entries of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of this Federal
Register notice, CBP will require, at the same time as importers would
normally deposit estimated duties on the subject merchandise, a cash
deposit equal to the estimated weighted-average dumping margins listed
below. Therefore, effective on the date of publication of this notice,
CBP shall require a cash deposit equal to the cash deposit rates shown
below. These suspension of liquidation and cash deposit instructions
will remain in effect until further notice.
The ad valorem rates for this AD order are as follows:
------------------------------------------------------------------------
Estimated
weighted-
Producer/exporter average
dumping margin
(percent)
------------------------------------------------------------------------
Joint Stock Company Severstal........................... 53.81
Russia-wide Rate........................................ 185.00
------------------------------------------------------------------------
The Russia-Wide Rate
A Russia-wide rate was assigned to certain CTL plate based on the
average margin contained in the petition. The Russia-wide rate applies
to all entries of subject merchandise except for entries from
exporters/factories that are identified individually above.
Notification to Interested Parties
This notice constitutes the AD order with respect to CTL plate from
Russia pursuant to section 736(a) of the Act. Interested parties can
find a list of AD orders currently in effect at https://enforcement.trade.gov/stats/iastats1.html. This order is issued and
published in accordance with section 736(a) of the Act and 19 CFR
351.211(b).
Dated: August 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The scope of the order includes hot-rolled iron and non-alloy
steel universal mill plates (i.e., flat-rolled products rolled on
four faces or in a closed box pass, of a width exceeding 150 mm but
not exceeding 1250 mm and of a thickness of not less than 4 mm, not
in coils and without patterns in relief), of rectangular shape,
neither clad, plated nor coated with metal, whether or not painted,
varnished, or coated with plastics or other nonmetallic substances;
and certain iron and non-alloy steel flat-rolled products not in
coils, of rectangular shape, hot-rolled, neither clad, plated, nor
coated with metal, whether or not painted, varnished, or coated with
plastics or other nonmetallic substances, 4.75 mm or more in
thickness and of a width which exceeds 150 mm and measures at least
twice the thickness.
Included as subject merchandise in the order are flat-rolled
products of nonrectangular cross-section where such cross-section is
achieved subsequent to the rolling process (i.e., products which
have been ``worked after rolling'') for example, products which have
been beveled or rounded at the edges.
This merchandise is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) 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 HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of the order
is dispositive. Specifically excluded from subject merchandise
within the scope of this order is grade X-70 steel plate.
[FR Doc. 2023-17407 Filed 8-11-23; 8:45 am]
BILLING CODE 3510-DS-P
