Tin Mill Products From the Netherlands: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 57096-57098 [2023-18032]
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57096
Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices
(detailed below), with a continuous cast steel
chemistry of type MR, with a surface finish
of type 7B or 7C, with a surface passivation
of 0.5 mg/square foot of chromium applied as
a cathodic dichromate treatment, with ultra
flat scroll cut sheet form, with CAT5 temper
with 1.00/0.10 pound/base box coating, with
a lithograph logo printed in a uniform pattern
on the 0.10 pound coating side with a clear
protective coat, with both sides waxed to a
level of 15–20 mg/216 sq. inch, with ordered
dimension combinations of (1) 75 pound/
base box (0.0082 inch) thickness and 34.9375
inch x 31.748 inch scroll cut dimensions; or
(2) 75 pound/base box (0.0082 inch)
thickness and 34.1875 inch x 29.076 inch
scroll cut dimensions; or (3) 107 pound/base
box (0.0118 inch) thickness and 30.5625 inch
x 34.125 inch scroll cut dimension.
• Tin-free steel coated with a metallic
chromium layer between 100–200 mg/m2 and
a chromium oxide layer between 5–30 mg/
m2; chemical composition of 0.05%
maximum carbon, 0.03% maximum silicon,
0.60% maximum manganese, 0.02%
maximum phosphorous, and 0.02%
maximum sulfur; magnetic flux density (Br)
of 10 kg minimum and a coercive force (Hc)
of 3.8 Oe minimum.
• Tin-free steel laminated on one or both
sides of the surface with a polyester film,
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.
Appendix II
lotter on DSK11XQN23PROD with NOTICES1
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Affiliation
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023–18035 Filed 8–21–23; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–421–816]
Tin Mill Products From the
Netherlands: Preliminary Negative
Determination of Sales at Less Than
Fair Value and Postponement of Final
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that tin mill products from
the Netherlands are not being, or are not
likely to be, sold in the United States at
less than fair value (LTFV). The period
of investigation is January 1, 2022,
through December 31, 2022. Interested
parties are invited to comment on this
preliminary determination.
DATES: Applicable August 22, 2023.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer, 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) 482–3860.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This preliminary determination is
made in accordance with section 733(b)
of the Tariff Act of 1930, as amended
(the Act). Commerce published the
notice of initiation of this LTFV
investigation on February 14, 2023.1 On
May 31, 2023, Commerce postponed the
preliminary determination of this
investigation, and the revised deadline
is now August 16, 2023.2 For a complete
description of the events that followed
the initiation of this investigation, see
the Preliminary Decision
Memorandum.3 A list of topics included
in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
1 See 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-ThanFair-Value Investigations, 88 FR 9481 (February 14,
2023) (Initiation Notice).
2 See 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: Postponement of
Preliminary Determinations in the Less-Than-FairValue Investigations, 88 FR 34827 (May 31, 2023).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Negative Determination of Sales at
Less-Than-Fair-Value in the Investigation of Tin
Mill Products from the Netherlands,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Fmt 4703
Sfmt 4703
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). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The products covered by this
investigation are tin mill products from
the Netherlands. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to
Commerce’s regulations,4 in the
Initiation Notice, Commerce set aside a
period of time for parties to raise issues
regarding product coverage (i.e., scope).5
Certain interested parties commented on
the scope of the investigation as it
appeared in the Initiation Notice. For a
summary of the product coverage
comments and rebuttal responses
submitted to the record for this
investigation, and accompanying
discussion and analysis of all comments
timely received, see the Preliminary
Scope Decision Memorandum.6 As
discussed in the Preliminary Scope
Decision Memorandum, Commerce
preliminarily did not modify the scope
language as it appeared in the Initiation
Notice. In the Preliminary Scope
Decision Memorandum, Commerce
established the deadline for parties to
submit scope case and rebuttal briefs.
Methodology
Commerce is conducting this
investigation in accordance with section
731 of the Act. Commerce calculated
export prices and constructed export
prices in accordance with sections
772(a) and 772(b) of the Act. Normal
value is calculated in accordance with
section 773 of the Act. For a full
description of the methodology
underlying the preliminary
determination, see the Preliminary
Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines
that the following estimated weightedaverage dumping margin exists:
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997).
5 See Initiation Notice, 88 FR at 9482.
6 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated concurrently with this notice
(Preliminary Scope Decision Memorandum).
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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Notices
information, until further notice.8
Pursuant to 19 CFR 351.309(c)(2) and
(d)(2), parties who submit case briefs or
Exporter/producer
rebuttal briefs in this investigation are
encouraged to submit with each
argument: (1) a statement of the issue;
Tata Steel IJmuiden BV .............
0.00 (2) a brief summary of the argument;
and (3) a table of authorities.
Consistent with section 733(b)(3) of
Pursuant to 19 CFR 351.310(c),
the Act, Commerce disregards de
interested parties who wish to request a
minimis rates. Accordingly, Commerce
hearing, limited to issues raised in the
preliminarily determines that TSIJ, the
case and rebuttal briefs, must submit a
only individually examined respondent, written request to the Assistant
has not made sales of subject
Secretary for Enforcement and
merchandise at LTFV.
Compliance, U.S. Department of
Consistent with section 733(d) of the
Commerce, within 30 days after the date
Act, Commerce has not calculated an
of publication of this notice in the
estimated weighted-average dumping
Federal Register. Requests should
margin for all other producers and
contain the party’s name, address, and
exporters because it has not made an
telephone number, the number of
affirmative preliminary determination of participants, whether any participant is
sales at LTFV.
a foreign national, and a list of the
issues to be discussed. If a request for
Suspension of Liquidation
a hearing is made, Commerce intends to
Because Commerce has made a
hold the hearing at a time and date to
negative preliminary determination of
be determined. Parties should confirm
sales at LTFV with regard to subject
by telephone the date, time, and
merchandise, Commerce will not direct
location of the hearing two days before
U.S. Customs and Border Protection to
the scheduled date.
suspend liquidation or to require a cash
deposit of estimated antidumping duties Postponement of Final Determination
for entries of tin mill products from the
Section 735(a)(2)(B) of the Act
Netherlands.
provides that a final determination may
be postponed until not later than 135
Disclosure
days after the date of the publication of
Commerce intends to disclose its
the preliminary determination in the
calculations and analysis performed to
Federal Register if, in the event of a
interested parties in this preliminary
negative preliminary determination, a
determination within five days of any
request for such postponement is made
public announcement or, if there is no
by the petitioners.
public announcement, within five days
On July 28, 2023, Cleveland-Cliffs Inc.
of the date of publication of this notice
and the United Steel, Paper and
in the Federal Register, in accordance
Forestry, Rubber, Manufacturing,
with 19 CFR 351.224(b).
Energy, Allied Industrial and Service
Workers International Union
Verification
(collectively, the petitioners) requested
As provided in section 782(i)(1) of the
that Commerce postpone the final
Act, Commerce intends to verify the
determination in the event of a negative
information relied upon in making its
preliminary determination.9 In
final determination.
accordance with section 735(a)(2)(B) of
the Act, and 19 CFR 351.210(b)(2)(i),
Public Comment
Case briefs or other written comments because: (1) the preliminary
determination is negative; (2) the
on non-scope issues may be submitted
petitioners have requested the
to the Assistant Secretary for
postponement of the final
Enforcement and Compliance no later
than seven days after the date on which determination; and (3) no compelling
reasons for denial exist, Commerce is
the last verification report is issued in
postponing the final determination.
this investigation. Rebuttal briefs,
Accordingly, Commerce will make its
limited to issues raised in case briefs,
final determination by no later than 135
may be submitted no later than seven
days after the date of publication of this
days after the deadline date for case
preliminary determination in the
7
briefs. Note that Commerce has
lotter on DSK11XQN23PROD with NOTICES1
Estimated
weightedaverage
dumping
margin
(percent)
temporarily modified certain of its
requirements for serving documents
containing business proprietary
7 See 19 CFR 351.309; see also 19 CFR 351.303
(for general filing requirements).
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8 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
9 See Petitioners Letter, ‘‘Petitioners’ Request For
Postponement Of The Final Determinations,’’ dated
July 28, 2023.
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57097
Federal Register, pursuant to section
735(a)(2) of the Act.10
U.S. International Trade Commission
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine 75 days after the
final determination whether imports of
tin mill products from the Netherlands
are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act, and 19
CFR 351.205(c).
Dated: August 16, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
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
finish or blasted roll finish; with roughness
average (Ra) 0.10 to 0.35 micrometers,
10 See
E:\FR\FM\22AUN1.SGM
also 19 CFR 351.210(e).
22AUN1
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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
phosphorous, 0.05% maximum sulfur, and
0.20% maximum aluminum, with a surface
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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
a cathodic dichromate treatment, with ultra
flat scroll cut sheet form, with CAT5 temper
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with 1.00/0.10 pound/base box coating, with
a lithograph logo printed in a uniform pattern
on the 0.10 pound coating side with a clear
protective coat, with both sides waxed to a
level of 15–20 mg/216 sq. inch, with ordered
dimension combinations of (1) 75 pound/
base box (0.0082 inch) thickness and 34.9375
inch × 31.748 inch scroll cut dimensions; or
(2) 75 pound/base box (0.0082 inch)
thickness and 34.1875 inch × 29.076 inch
scroll cut dimensions; or (3) 107 pound/base
box (0.0118 inch) thickness and 30.5625 inch
× 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.
Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–18032 Filed 8–21–23; 8:45 am]
BILLING CODE 3510–DS–P
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]]>Agencies
[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Notices]
[Pages 57096-57098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18032]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-816]
Tin Mill Products From the Netherlands: Preliminary Negative
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that tin mill products from the Netherlands are not being,
or are not likely to be, sold in the United States at less than fair
value (LTFV). The period of investigation is January 1, 2022, through
December 31, 2022. Interested parties are invited to comment on this
preliminary determination.
DATES: Applicable August 22, 2023.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, 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) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this LTFV investigation on
February 14, 2023.\1\ On May 31, 2023, Commerce postponed the
preliminary determination of this investigation, and the revised
deadline is now August 16, 2023.\2\ For a complete description of the
events that followed the initiation of this investigation, see the
Preliminary Decision Memorandum.\3\ A list of topics included in the
Preliminary Decision Memorandum is included as Appendix II to this
notice. The Preliminary 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).
ACCESS is available to registered users at https://access.trade.gov. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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\1\ See 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, 88 FR 9481 (February 14, 2023)
(Initiation Notice).
\2\ See 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: Postponement of
Preliminary Determinations in the Less-Than-Fair-Value
Investigations, 88 FR 34827 (May 31, 2023).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Negative Determination of Sales at Less-Than-Fair-Value in the
Investigation of Tin Mill Products from the Netherlands,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The products covered by this investigation are tin mill products
from the Netherlands. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ in
the Initiation Notice, Commerce set aside a period of time for parties
to raise issues regarding product coverage (i.e., scope).\5\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice. For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this investigation, and accompanying discussion and analysis of all
comments timely received, see the Preliminary Scope Decision
Memorandum.\6\ As discussed in the Preliminary Scope Decision
Memorandum, Commerce preliminarily did not modify the scope language as
it appeared in the Initiation Notice. In the Preliminary Scope Decision
Memorandum, Commerce established the deadline for parties to submit
scope case and rebuttal briefs.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 88 FR at 9482.
\6\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated concurrently with this notice (Preliminary Scope Decision
Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated export prices and
constructed export prices in accordance with sections 772(a) and 772(b)
of the Act. Normal value is calculated in accordance with section 773
of the Act. For a full description of the methodology underlying the
preliminary determination, see the Preliminary Decision Memorandum.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margin exists:
[[Page 57097]]
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Tata Steel IJmuiden BV...................................... 0.00
------------------------------------------------------------------------
Consistent with section 733(b)(3) of the Act, Commerce disregards
de minimis rates. Accordingly, Commerce preliminarily determines that
TSIJ, the only individually examined respondent, has not made sales of
subject merchandise at LTFV.
Consistent with section 733(d) of the Act, Commerce has not
calculated an estimated weighted-average dumping margin for all other
producers and exporters because it has not made an affirmative
preliminary determination of sales at LTFV.
Suspension of Liquidation
Because Commerce has made a negative preliminary determination of
sales at LTFV with regard to subject merchandise, Commerce will not
direct U.S. Customs and Border Protection to suspend liquidation or to
require a cash deposit of estimated antidumping duties for entries of
tin mill products from the Netherlands.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than seven days after the date on which the last verification
report is issued in this investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than seven days
after the deadline date for case briefs.\7\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\8\
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.
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\8\ 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, within 30 days
after the date of publication of this notice in the Federal Register.
Requests should contain the party's name, address, and telephone
number, the number of participants, whether any participant is a
foreign national, and a list of the issues to be discussed. If a
request for a hearing is made, Commerce intends to hold the hearing at
a time and date to be determined. Parties should confirm by telephone
the date, time, and location of the hearing two days before the
scheduled date.
Postponement of Final Determination
Section 735(a)(2)(B) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination in the Federal Register
if, in the event of a negative preliminary determination, a request for
such postponement is made by the petitioners.
On July 28, 2023, Cleveland-Cliffs Inc. and the United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union (collectively, the petitioners)
requested that Commerce postpone the final determination in the event
of a negative preliminary determination.\9\ In accordance with section
735(a)(2)(B) of the Act, and 19 CFR 351.210(b)(2)(i), because: (1) the
preliminary determination is negative; (2) the petitioners have
requested the postponement of the final determination; and (3) no
compelling reasons for denial exist, Commerce is postponing the final
determination. Accordingly, Commerce will make its final determination
by no later than 135 days after the date of publication of this
preliminary determination in the Federal Register, pursuant to section
735(a)(2) of the Act.\10\
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\9\ See Petitioners Letter, ``Petitioners' Request For
Postponement Of The Final Determinations,'' dated July 28, 2023.
\10\ See also 19 CFR 351.210(e).
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine 75 days after the final determination whether imports of tin
mill products from the Netherlands are materially injuring, or threaten
material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: August 16, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
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,
[[Page 57098]]
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 a cathodic dichromate treatment, with
ultra flat scroll cut sheet form, with CAT5 temper with 1.00/0.10
pound/base box coating, with a lithograph logo printed in a uniform
pattern on the 0.10 pound coating side with a clear protective coat,
with both sides waxed to a level of 15-20 mg/216 sq. inch, with
ordered dimension combinations of (1) 75 pound/base box (0.0082
inch) thickness and 34.9375 inch x 31.748 inch scroll cut
dimensions; or (2) 75 pound/base box (0.0082 inch) thickness and
34.1875 inch x 29.076 inch scroll cut dimensions; or (3) 107 pound/
base box (0.0118 inch) thickness and 30.5625 inch x 34.125 inch
scroll cut dimension.
Tin-free steel coated with a metallic chromium layer
between 100-200 mg/m\2\ and a chromium oxide layer between 5-30 mg/
m\2\; chemical composition of 0.05% maximum carbon, 0.03% maximum
silicon, 0.60% maximum manganese, 0.02% maximum phosphorous, and
0.02% maximum sulfur; magnetic flux density (Br) of 10 kg minimum
and a coercive force (Hc) of 3.8 Oe minimum.
Tin-free steel laminated on one or both sides of the
surface with a polyester film, consisting of two layers (an
amorphous layer and an outer crystal layer), that contains no more
than the indicated amounts of the following environmental hormones:
1 mg/kg BADGE (BisPhenol--A Di-glycidyl Ether), 1 mg/kg BFDGE
(BisPhenol--F Di-glycidyl Ether), and 3 mg/kg BPA (BisPhenol--A).
The merchandise subject to 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-18032 Filed 8-21-23; 8:45 am]
BILLING CODE 3510-DS-P
