Tin Mill Products From the People's Republic of China: Final Affirmative Determination of Sales at Less-Than-Fair Value and Final Affirmative Determination of Critical Circumstances, 1538-1541 [2024-00320]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1538-1541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00320]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-150]


Tin Mill Products From the People's Republic of China: Final 
Affirmative Determination of Sales at Less-Than-Fair Value and Final 
Affirmative Determination of Critical Circumstances

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of tin mill products from the People's Republic of China 
(China) are being, or are likely to be, sold in the United States at 
less-than-fair value (LTFV). The period of investigation is July 1, 
2022, through December 31, 2022.

DATES: Applicable January 10, 2024.

FOR FURTHER INFORMATION CONTACT: Rachel Jennings, AD/CVD Operations, 
Office V, Enforcement and Compliance,

[[Page 1539]]

International Trade Administration, U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-
1110.

SUPPLEMENTARY INFORMATION:

Background

    On August 22, 2023, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of tin 
mill products from China.\1\ We invited parties to comment on the 
Preliminary Determination. On September 12, 2023, Commerce published in 
the Federal Register, pursuant to 19 CFR 351.210(g), notice of 
postponement of the final determination to January 4, 2024.\2\
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    \1\ See Tin Mill Products from the People's Republic of China: 
Preliminary Affirmative Determination of Sales at Less-Than-Fair 
Value and Preliminary Affirmative Determination of Critical 
Circumstances, 88 FR 57099 (August 22, 2023) (Preliminary 
Determination), and accompanying Preliminary Decision Memorandum 
(PDM).
    \2\ See Tin Mill Products from the People's Republic of China: 
Postponement of Final Determination in the Less-Than-Fair-Value 
Investigation, 88 FR 62542 (September 12, 2023).
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    A summary of the 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\ The Issues and Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \3\ See Memorandum, ``Decision Memorandum for the Final 
Affirmative Determination of Sales at Less-Than-Fair-Value and Final 
Affirmative Critical Circumstances Determination of Tin Mill 
Products from the People's Republic of China,'' dated concurrently 
with, and hereby adopted by, this notice (Issues and Decision 
Memorandum).
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Scope of the Investigation

    The products covered by this investigation are tin mill products 
from China. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from parties. Commerce issued a Preliminary Scope Decision 
Memorandum to address these comments and set aside a period of time for 
parties to address scope issues in scope-specific case and rebuttal 
briefs.\4\ We received comments from parties on the Preliminary Scope 
Memorandum, which we address in the Final Scope Decision Memorandum.\5\ 
We did not make any changes to the scope of the investigation from the 
scope published in the Preliminary Determination, as noted in Appendix 
I.
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    \4\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated August 16, 2023 (Preliminary Scope Decision Memorandum).
    \5\ See Memorandum, ``Final Scope Decision Memorandum,'' dated 
concurrently with this notice (Final Scope Decision Memorandum).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by interested 
parties in this investigation are addressed in the Issues and Decision 
Memorandum. A list of the issues raised is attached to this notice as 
Appendix II.

Final Affirmative Determination of Critical Circumstances

    We continue find that critical circumstances exist for imports of 
tin mill products from China for the China-wide entity pursuant to 
sections 735(a)(3)(A) and (B) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.206.\6\ For a discussion and analysis of 
comments regarding the results of Commerce's critical circumstances 
analysis, see the Issues and Decision Memorandum.\7\
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    \6\ See Issues and Decision Memorandum.
    \7\ Id.
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China-Wide Entity and Use of Adverse Facts Available (AFA)

    For the purposes of this final determination, consistent with the 
Preliminary Determination,\8\ we relied solely on the application of 
AFA for the rate assigned to China-wide entity, pursuant to sections 
776(a) and (b) of the Act. Further, because no companies are eligible 
for a rate separate from the China-wide entity, we continue to find 
that all known exporters of Chinese tin mill products are part of the 
China-wide entity. After review and consideration of parties' comments, 
as explained in the Issues and Decision Memorandum, we made no changes 
to the China-wide entity's dumping margin for the final 
determination.\9\
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    \8\ See Preliminary Determination PDM at 9-12.
    \9\ Id.
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Combination Rates

    In the Initiation Notice, Commerce stated that it would calculate 
producer/exporter combination rates for the respondents that are 
eligible for a separate rate in this investigation.\10\ Because no 
Chinese exporters are eligible for a separate rate in this 
investigation, we did not calculate producer/exporter combination rates 
for this final determination.
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    \10\ 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, 9486 (February 14, 2023) 
(Initiation Notice).
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Final Determination

    The final estimated weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                      Estimated weighted-
                                                        average dumping
                                  Estimated weighted-   margin adjusted
        Exporter/producer           average dumping   for export subsidy
                                   margin (percent)        offset(s)
                                                           (percent)
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China-Wide Entity...............             122.52              111.98
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Disclosure

    Normally, Commerce will disclose to the parties in a proceeding the 
calculations performed in connection with a final determination within 
five days of any public announcement or, if there is no public 
announcement, within five days of the date of publication of the notice 
of final determination in the Federal Register, in accordance with 19 
CFR 351.224(b). However, because Commerce continues to find that all 
Chinese exporters of tin mill products are part of the China-wide 
entity and continues to rely solely on the application of AFA for the 
China-wide entity, there are no calculations to disclose for this final 
determination.

[[Page 1540]]

Continuation of Suspension of Liquidation

    In accordance with sections 735(c)(1)(B) and 735(c)(4)(A) of the 
Act, for the China-wide entity, Commerce will instruct U.S. Customs and 
Border Protection (CBP) to continue to suspend liquidation of subject 
merchandise as described in Appendix I of this notice, which were 
entered, or withdrawn from warehouse, for consumption, on or after May 
24, 2023, which is 90 days prior to the date of publication of the 
Preliminary Determination in the Federal Register. These suspension of 
liquidation instructions will remain in effect until further notice.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce makes an affirmative 
determination for domestic subsidy pass-through or export subsidies, 
Commerce offsets the calculated estimated weighted-average dumping 
margin by the appropriate rates. Commerce has continued to adjust the 
cash deposit rate for the China-wide entity for export subsidies in the 
companion CVD investigation by the appropriate export subsidy rate as 
indicated in the above chart.\11\ However, suspension of liquidation of 
provisional measures in the companion CVD case has been discontinued; 
\12\ therefore, we are not instructing CBP to collect cash deposits 
based upon the adjusted estimated weighted-average dumping margin for 
those export subsidies at this time.
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    \11\ See Issues and Decision Memorandum at ``Adjustment to Cash 
Deposit Rate for Export Subsidies.''
    \12\ 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); see also section 703(d) 
of the Act, which states that the provisional measures may not be in 
effect for more than four months, which in the companion CVD case is 
120 days after the publication of the preliminary determination, or 
October 24, 2023.
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    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), we will instruct CBP to require a cash deposit for such 
entries of merchandise equal to the amount by which the normal value 
exceeds the U.S. price as follows: (1) for all Chinese exporters of 
subject merchandise, the cash deposit rate will be equal to the 
estimated dumping margin established for the China-wide entity; and (2) 
for all third country exporters of subject merchandise, the cash 
deposit rate is also the cash deposit rate applicable to the China-wide 
entity. These suspension of liquidation instructions will remain in 
effect until further notice.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of our final affirmative 
determination of sales at LTFV. Because the final determination in this 
proceeding is affirmative, in accordance with section 735(b)(2) of the 
Act, the ITC will make its final determination as to whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports of tin mill 
products from China no later than 45 days after this final 
determination. If the ITC determines that material injury or threat of 
material injury does not exist, the proceeding will be terminated and 
all cash deposits will be refunded or canceled, and suspension of 
liquidation will be lifted. If the ITC determines that such injury does 
exist, Commerce will issue an antidumping duty order directing CBP to 
assess, upon further instruction by Commerce, antidumping duties on all 
imports of the subject merchandise that are entered, or withdrawn from 
warehouse, for consumption on or after the effective date of the 
suspension of liquidation, as discussed above in the ``Continuation of 
Suspension of Liquidation'' section.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.

Notification to Interested Parties

    This final determination and notice are issued and published in 
accordance with sections 735(d) and 777(i) of the Act, and 19 CFR 
351.210(c).

    Dated: January 4, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products within the scope of the 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 the investigation unless specifically excluded. 
The following products are outside and/or specifically excluded from 
the scope of the investigation:
     Single reduced electrolytically chromium coated steel 
with a thickness 0.238 mm (85 pound base box) ( 10%) or 
0.251 mm (90 pound base box) ( 10%) or 0.255 mm ( 10%) with 770 mm (minimum width) ( 1.588 mm) by 
900 mm (maximum length if sheared) sheet size or 30.6875 inches 
(minimum width) ( \1/16\ inch) and 35.4 inches (maximum 
length if sheared) sheet size; with type MR or higher (per ASTM) 
A623 steel chemistry; batch annealed at T2 \1/2\ anneal temper, with 
a yield strength of 31 to 42 kpsi (214 to 290 Mpa); with a tensile 
strength of 43 to 58 kpsi (296 to 400 Mpa); with a chrome coating 
restricted to 32 to 150 mg/m\2\; with a chrome oxide coating 
restricted to 6 to 25 mg/m\2\ with a modified 7B ground roll finish 
or blasted roll finish; with roughness average (Ra) 0.10 to 0.35 
micrometers, measured with a stylus instrument with a stylus radius 
of 2 to 5 microns, a trace length of 5.6 mm, and a cut-off of 0.8 
mm, and the measurement traces shall be made perpendicular to the 
rolling direction; with an oil level of 0.17 to 0.37 grams/base box 
as type BSO, or 2.5 to 5.5 mg/m\2\ as type DOS, or 3.5 to 6.5 mg/
m\2\ as type ATBC; with electrical conductivity of static probe 
voltage drop of 0.46 volts drop maximum, and with electrical 
conductivity degradation to 0.70 volts drop maximum after stoving 
(heating to 400 degrees F for 100 minutes followed by a cool to room 
temperature).
     Single reduced electrolytically chromium- or tin-coated 
steel in the gauges of 0.0040 inch nominal, 0.0045 inch nominal, 
0.0050 inch nominal, 0.0061 inch nominal (55 pound base box weight), 
0.0066 inch nominal (60 pound base box weight), and 0.0072 inch 
nominal (65 pound base box weight), regardless of width, temper, 
finish, coating or other properties.
     Single reduced electrolytically chromium coated steel 
in the gauge of 0.024

[[Page 1541]]

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 the 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 Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Use of Facts Otherwise Available and Adverse Inference
VI. Adjustments to Cash Deposit Rates for Export Subsidies
VII. Affirmative Determination of Critical Circumstances
VIII. Discussion of the Issues
    Comment 1: Whether Commerce Properly Denied the Shougang 
Companies Separate Rate Status
    Comment 2: Whether Commerce's Massive Imports Determination Was 
Flawed
IX. Recommendation

[FR Doc. 2024-00320 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P