Tin Mill Products From the People's Republic of China: Final Affirmative Countervailing Duty Determination and Final Affirmative Critical Circumstances Determination, in Part, 1532-1535 [2024-00321]
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Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Notices
Comment 7: Differential Pricing Analysis Is
World Trade Organization (WTO)
Inconsistent
Comment 8: The Domestic Tin Mill
Industry
VIII. Recommendation
[FR Doc. 2024–00322 Filed 1–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–151]
Tin Mill Products From the People’s
Republic of China: Final Affirmative
Countervailing Duty Determination and
Final Affirmative Critical
Circumstances Determination, in Part
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
tin mill products from the People’s
Republic of China (China). The period
of investigation is January 1, 2022,
through December 31, 2022.
DATES: Applicable January 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen or Melissa Porpotage,
AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3251 or
(202) 482–1413, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
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On June 26, 2023, Commerce
published its Preliminary
Determination 1 in the Federal Register.
Commerce invited parties to comment
on the Preliminary Determination.2
For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.3 The Issues and
Decision Memorandum is a public
1 See Tin Mill Products from the People’s
Republic of China: Preliminary Affirmative
Countervailing Duty Determination, and Alignment
of Final Determination With Final Antidumping
Duty Determination, 88 FR 41373 (June 26, 2023)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
2 Preliminary Determination, 88 FR at 41373.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Affirmative
Determination in the Countervailing Duty
Investigation 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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document and is made available to the
public 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.
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 Decision
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.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation, and the issues raised in
the case and rebuttal briefs that were
submitted by parties in this
investigation, are discussed in the Issues
and Decision Memorandum. For a list of
the issues raised by interested parties
and addressed in the Issues and
Decision Memorandum, see Appendix
II.
Methodology
Commerce conducted this
investigation in accordance with section
701 of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs found to be
countervailable, Commerce determines
that there is a subsidy, i.e., a financial
contribution by an ‘‘authority’’ that
gives rise to a benefit to the recipient,
and that the subsidy is specific.6 For a
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
memorandum (Final Scope Decision
Memorandum).
6 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; see also section
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Sfmt 4703
full description of the methodology
underlying our final determination, see
the Issues and Decision Memorandum.
In making this final determination,
Commerce relied, in part, on facts
otherwise available, pursuant to
sections 776(a) and (b) of the Act. For
a full discussion of our application of
adverse facts available (AFA), see the
section ‘‘Use of Facts Available and
Adverse Inferences’’ in the Issues and
Decision Memorandum.
Verification
Commerce was unable to conduct onsite verification of the information
relied on in making its final
determination in this investigation.
However, in August 2023, we took
additional steps in lieu of on-site
verifications to verify the information
relied upon in making this final
determination, in accordance with
section 782(i) of the Act, by conducting
virtual verification of one of the
mandatory respondents, Shougang
Jingtang United Iron & Steel Co., Ltd.
(Jingtang Iron).
Final Affirmative Determination of
Critical Circumstances, in Part
In accordance with sections 703(e)(1),
and 776(a) and (b) of the Act, and 19
CFR 351.206, as well as our analysis of
comments received regarding our
affirmative preliminary determination of
critical circumstances,7 Commerce
continues to find that critical
circumstances exist with respect to
imports of tin mill products from China
for one of the mandatory respondents,
Baoshan Iron & Steel Co., Ltd. (Baoshan
Iron). In addition, we continue to find
that critical circumstances do not exist
with respect to imports of tin mill
products from Jingtang Iron and
companies not individually examined.
For a full description of the
methodology and results of Commerce’s
critical circumstances analysis, see the
Issues and Decision Memorandum.
Changes Since the Preliminary
Determination
Based on our review and analysis of
the information at verification and
comments received from interested
parties, we made changes to the subsidy
rate calculations for Jingtang Iron. For a
discussion of the comments received,
see the Issues and Decision
Memorandum.
771(5)(E) of the Act regarding benefit; and section
771(5A) of the Act regarding specificity.
7 See Issues and Decision Memorandum at
Comment 1.
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All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of
the Act, Commerce will determine an
all-others rate equal to the weightedaverage countervailable subsidy rates
established for exporters and/or
producers individually investigated,
excluding any zero and de minimis
countervailable subsidy rates, and any
rates determined entirely under section
776 of the Act. In this investigation,
Commerce calculated a total subsidy
rate for Baoshan Iron determined
entirely under section 776 of the Act.
Therefore, the only rate that is not zero,
de minimis, or based entirely on facts
otherwise available is the rate calculated
for Jingtang Iron. Consequently, the rate
calculated for Jingtang Iron is also
assigned as the rate for all other
producers and exporters.
Final Determination
Commerce determines that the
following estimated countervailable
subsidy rates exist: 8
Company
Baoshan Iron & Steel Co.,
Ltd .....................................
Shougang Jingtang United
Iron & Steel Co., Ltd .........
All Others ..............................
Subsidy rate
(percent ad
valorem)
649.98
331.88
331.88
Disclosure
Commerce intends to disclose to
interested parties the calculations
performed in this final determination
within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of the publication of this notice in
the Federal Register, in accordance with
19 CFR 351.224(b).
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Continuation of Suspension of
Liquidation
As a result of our Preliminary
Determination and pursuant to sections
703(d)(1)(B) and (d)(2) of the Act, we
instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation
of entries of subject merchandise from
China that were entered, or withdrawn
from warehouse, for consumption, on or
8 Commerce finds the following companies to be
cross-owned with Jingtang Iron: Shougang Group
Co., Ltd.; Shougang Casey Steel Co., Ltd.; Beijing
Shougang Co., Ltd.; Beijing Shougang Steel Trade
Management Co., Ltd.; Beijing Shougang Machinery
& Electric Co., Ltd.; Beijing Shougang Gas Co., Ltd.;
Qinhuangdao Shougang Machinery Co., Ltd.;
Beijing Shoujian Equipment Maintenance Co., Ltd.;
Beijing Shougang Lujiashan Limestone Mine Co.,
Ltd.; Hebei Shoulang New Energy Technology Co.,
Ltd.; Tangshan Caofeidian Industrial Zone
Shouhanxin Industry Co., Ltd.; and China Shougang
International Trade & Engineering Corporation.
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after June 26, 2023, the date of
publication of the Preliminary
Determination in the Federal Register.
Because we preliminarily determined
that critical circumstances existed with
respect to Baoshan Iron, we instructed
CBP to suspend such entries on or after
March 28, 2023, which is 90 days prior
to the date of the publication of the
Preliminary Determination in the
Federal Register.9 In accordance with
section 703(d) of the Act, we instructed
CBP to discontinue the suspension of
liquidation of all entries of subject
merchandise entered or withdrawn from
warehouse, on or after October 24, 2023.
If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a countervailing duty (CVD)
order, reinstate the suspension of
liquidation under section 706(a) of the
Act, and require a cash deposit of
estimated CVDs for entries of subject
merchandise in the amounts indicated
above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated, and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of
the Act, we will notify the ITC of our
final affirmative determination that
countervailable subsidies are being
provided to producers and exporters of
pressure washers from China. Because
the final determination in this
proceeding is affirmative, in accordance
with section 705(b) 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 pressure washers
from China no later than 45 days after
our final determination. In addition, we
are making available to the ITC all nonprivileged and nonproprietary
information related to this investigation.
We will allow the ITC access to all
privileged and business proprietary
information in our files, provided the
ITC confirms that it will not disclose
such information, either publicly or
under an administrative protective order
(APO), without the written consent of
the Assistant Secretary for Enforcement
and Compliance. If the ITC determines
that material injury or threat of material
injury does not exist, this proceeding
9 See Countervailing Duty Investigation of Tin
Mill Products from the People’s Republic of China:
Preliminary Determination of Critical
Circumstances, in Part, 88 FR 46738 (July 20, 2023).
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will be terminated and all cash deposits
will be refunded. If the ITC determines
that such injury does exist, Commerce
will issue a CVD order directing CBP to
assess, upon further instruction by
Commerce, CVDs 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
In the event that the ITC issues a final
negative injury determination, this
notice will serve as the only reminder
to parties subject to an APO of their
responsibility concerning the
destruction of proprietary information
disclosed under APO, in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return/
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
This determination is issued and
published pursuant to sections 705(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 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)
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(± 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, measured with a stylus
instrument with a stylus radius of 2 to 5
microns, a trace length of 5.6 mm, and a cutoff 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
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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
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
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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. in., 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
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Final Critical Circumstances
Determination
VI. Subsidies Valuation Information
VII. Use of Facts Available and Adverse
Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
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Comment 1: Whether Commerce Should
Apply Adverse Facts Available (AFA) to
Baoshan Iron for its Final Critical
Circumstances Determination
Comment 2: Whether Commerce Should
Apply Partial AFA to Jingtang Iron
Comment 3: Whether Commerce Correctly
Calculated Jingtang Iron’s Denominators
Comment 4: Whether Commerce Properly
Countervailed Iron Ore and Coking Coal
for Less Than Adequate Remuneration
(LTAR)
Comment 5: Selection of the Appropriate
Iron Ore and Coking Coal Benchmarks
Comment 6: Provision of Electricity for
LTAR
Comment 7: Provision of Land-Use Rights
in the Caofeidian Industrial Zone for
LTAR
Comment 8: Policy Loans to the Tin Mill
Products Industry
Comment 9: Whether Commerce Should
Apply AFA to the Export Buyer’s Credit
(EBC) Program
Comment 10: Import Tariff and Value
Added Tax (VAT) Exemptions on
Imported Equipment in Encouraged
Industries
Comment 11: Whether it is Lawful for
Commerce to Investigate Other Subsidies
Comment 12: Whether Commerce’s
Additional Questionnaires Placed Undue
Burden on Jingtang Iron
Comment 13: Whether Commerce’s
Investigation of Programs Outside the
Average Useful Life (AUL) is Unlawful
Comment 14: Whether Commerce Should
Revise the AFA Rate for Baoshan Iron
X. Recommendation
[FR Doc. 2024–00321 Filed 1–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–412–827]
Tin Mill Products From the United
Kingdom: Final Negative
Determination of Sales at Less Than
Fair Value
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responses submitted by Tata Steel UK
Ltd. (TSUK).5
SUPPLEMENTARY INFORMATION:
Background
On August 22, 2023, Commerce
published in the Federal Register the
preliminary determination in the LTFV
investigation of tin mill products from
the UK, in which it also postponed the
final determination until January 4,
2024.1 Commerce invited interested
parties to submit case and rebuttal briefs
on the Preliminary Determination.2 No
interested party submitted comments.
Accordingly, the final determination of
the LTFV investigation remains
unchanged from the Preliminary
Determination and no Issues and
Decision Memorandum accompanies
this notice.
Scope of the Investigation
Changes Since the Preliminary
Determination
During the on-site verification, TSUK
presented minor corrections to its home
market and U.S. sales databases.6 We
accepted these minor corrections and
included these changes in the margin
calculations for the final
determination.7 These minor corrections
did not result in a change to the
estimated weighted-average dumping
margin calculated for TSUK from the
Preliminary Determination.
Final Determination
Commerce determines that the final
estimated weighted-average dumping
margin exists:
The products covered by this
investigation are tin mill products from
the UK. For a complete description of
the scope of this investigation, see the
appendix to this notice.
Exporter/producer
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.3
We received comments from parties on
the Preliminary Scope Decision
Memorandum, which we address in the
Final Scope Decision Memorandum.4
We did not make any changes to the
scope of the investigation from the
scope published in the Preliminary
Determination, as noted in the appendix
to this notice.
Verification
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
tin mill products from the United
Kingdom (UK) are not being, or are not
likely to be, sold in the United States at
less than fair value (LTFV) for the
period of investigation (POI) January 1,
2022, through December 31, 2022.
DATES: Applicable January 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Charles DeFilippo, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3797.
AGENCY:
Commerce conducted verification of
the information relied upon in making
its final determination in this
investigation, in accordance with
section 782(i) of the Tariff Act of 1930,
as amended (the Act). Specifically,
Commerce conducted on-site
verifications of the home market sales,
U.S. sales, and cost of production
1 See Tin Mill Products from the United Kingdom:
Preliminary Negative Determination of Sales at Less
Than Fair Value and Postponement of Final
Determination, 88 FR 57084 (August 22, 2023)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 Id., 88 FR at 57085.
3 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated August 16, 2023 (Preliminary
Scope Decision Memorandum).
4 See Memorandum, ‘‘Final Scope Decision
Memorandum,’’ dated concurrently with this
memorandum (Final Scope Decision
Memorandum).
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
1535
Tata Steel UK Ltd .........................
Estimated
weightedaverage
dumping
margin
(percent)
0.00
Consistent with sections 735(c)(1)(B)
and (c)(5) of the Act, Commerce has not
calculated an estimated weightedaverage dumping margin for all other
producers and exporters because it has
not made an affirmative final
determination of sales at LTFV.
Disclosure
Commerce intends to disclose its
calculations and analysis performed to
interested parties in this final
determination within five days of the
date of publication of this notice, in
accordance with 19 CFR 351.224(b).
Suspension of Liquidation
In the Preliminary Determination, the
estimated weighted-average dumping
margin for TSUK was zero percent and,
therefore, we did not suspend
liquidation of entries of tin mill
products from the UK.8 Because
Commerce has made a final negative
determination of sales at LTFV with
5 See Memoranda, ‘‘Verification of the Sales
Response of Tata Steel UK Ltd. in the Antidumping
Investigation of Tin Mill Products from the United
Kingdom,’’ dated November 2, 2023; and
‘‘Verification of the Cost Response of Tata Steel UK
Ltd. in the Antidumping Duty Investigation of Tin
Mill Products from the United Kingdom,’’ dated
November 13, 2023.
6 See TSUK’s Letter, ‘‘Minor Correction,’’ dated
October 17, 2023.
7 For a discussion of the minor verification
corrections accepted for the final determination, see
the Memorandum, ‘‘Final Determination
Calculation Memorandum for Tata Steel UK Ltd.,’’
dated concurrently with this notice.
8 See Preliminary Determination, 88 FR 57085.
E:\FR\FM\10JAN1.SGM
10JAN1
Agencies
[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1532-1535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00321]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-151]
Tin Mill Products From the People's Republic of China: Final
Affirmative Countervailing Duty Determination and Final Affirmative
Critical Circumstances Determination, in Part
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of tin mill products from the People's Republic of China (China). The
period of investigation is January 1, 2022, through December 31, 2022.
DATES: Applicable January 10, 2024.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen or Melissa Porpotage,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3251 or (202)
482-1413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 26, 2023, Commerce published its Preliminary Determination
\1\ in the Federal Register. Commerce invited parties to comment on the
Preliminary Determination.\2\
---------------------------------------------------------------------------
\1\ See Tin Mill Products from the People's Republic of China:
Preliminary Affirmative Countervailing Duty Determination, and
Alignment of Final Determination With Final Antidumping Duty
Determination, 88 FR 41373 (June 26, 2023) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ Preliminary Determination, 88 FR at 41373.
---------------------------------------------------------------------------
For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\3\
The Issues and Decision Memorandum is a public document and is made
available to the public 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.
---------------------------------------------------------------------------
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Tin Mill Products from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
---------------------------------------------------------------------------
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
Decision 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.
---------------------------------------------------------------------------
\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 memorandum (Final Scope Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs that were submitted by parties in this
investigation, are discussed in the Issues and Decision Memorandum. For
a list of the issues raised by interested parties and addressed in the
Issues and Decision Memorandum, see Appendix II.
Methodology
Commerce conducted this investigation in accordance with section
701 of the Tariff Act of 1930, as amended (the Act). For each of the
subsidy programs found to be countervailable, Commerce determines that
there is a subsidy, i.e., a financial contribution by an ``authority''
that gives rise to a benefit to the recipient, and that the subsidy is
specific.\6\ For a full description of the methodology underlying our
final determination, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\6\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
---------------------------------------------------------------------------
In making this final determination, Commerce relied, in part, on
facts otherwise available, pursuant to sections 776(a) and (b) of the
Act. For a full discussion of our application of adverse facts
available (AFA), see the section ``Use of Facts Available and Adverse
Inferences'' in the Issues and Decision Memorandum.
Verification
Commerce was unable to conduct on-site verification of the
information relied on in making its final determination in this
investigation. However, in August 2023, we took additional steps in
lieu of on-site verifications to verify the information relied upon in
making this final determination, in accordance with section 782(i) of
the Act, by conducting virtual verification of one of the mandatory
respondents, Shougang Jingtang United Iron & Steel Co., Ltd. (Jingtang
Iron).
Final Affirmative Determination of Critical Circumstances, in Part
In accordance with sections 703(e)(1), and 776(a) and (b) of the
Act, and 19 CFR 351.206, as well as our analysis of comments received
regarding our affirmative preliminary determination of critical
circumstances,\7\ Commerce continues to find that critical
circumstances exist with respect to imports of tin mill products from
China for one of the mandatory respondents, Baoshan Iron & Steel Co.,
Ltd. (Baoshan Iron). In addition, we continue to find that critical
circumstances do not exist with respect to imports of tin mill products
from Jingtang Iron and companies not individually examined. For a full
description of the methodology and results of Commerce's critical
circumstances analysis, see the Issues and Decision Memorandum.
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum at Comment 1.
---------------------------------------------------------------------------
Changes Since the Preliminary Determination
Based on our review and analysis of the information at verification
and comments received from interested parties, we made changes to the
subsidy rate calculations for Jingtang Iron. For a discussion of the
comments received, see the Issues and Decision Memorandum.
[[Page 1533]]
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually investigated, excluding any zero and de minimis
countervailable subsidy rates, and any rates determined entirely under
section 776 of the Act. In this investigation, Commerce calculated a
total subsidy rate for Baoshan Iron determined entirely under section
776 of the Act. Therefore, the only rate that is not zero, de minimis,
or based entirely on facts otherwise available is the rate calculated
for Jingtang Iron. Consequently, the rate calculated for Jingtang Iron
is also assigned as the rate for all other producers and exporters.
Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist: \8\
---------------------------------------------------------------------------
\8\ Commerce finds the following companies to be cross-owned
with Jingtang Iron: Shougang Group Co., Ltd.; Shougang Casey Steel
Co., Ltd.; Beijing Shougang Co., Ltd.; Beijing Shougang Steel Trade
Management Co., Ltd.; Beijing Shougang Machinery & Electric Co.,
Ltd.; Beijing Shougang Gas Co., Ltd.; Qinhuangdao Shougang Machinery
Co., Ltd.; Beijing Shoujian Equipment Maintenance Co., Ltd.; Beijing
Shougang Lujiashan Limestone Mine Co., Ltd.; Hebei Shoulang New
Energy Technology Co., Ltd.; Tangshan Caofeidian Industrial Zone
Shouhanxin Industry Co., Ltd.; and China Shougang International
Trade & Engineering Corporation.
------------------------------------------------------------------------
Subsidy rate
Company (percent ad
valorem)
------------------------------------------------------------------------
Baoshan Iron & Steel Co., Ltd........................... 649.98
Shougang Jingtang United Iron & Steel Co., Ltd.......... 331.88
All Others.............................................. 331.88
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to interested parties the calculations
performed in this final determination within five days of any public
announcement or, if there is no public announcement, within five days
of the date of the publication of this notice in the Federal Register,
in accordance with 19 CFR 351.224(b).
Continuation of Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to suspend liquidation of entries of
subject merchandise from China that were entered, or withdrawn from
warehouse, for consumption, on or after June 26, 2023, the date of
publication of the Preliminary Determination in the Federal Register.
Because we preliminarily determined that critical circumstances existed
with respect to Baoshan Iron, we instructed CBP to suspend such entries
on or after March 28, 2023, which is 90 days prior to the date of the
publication of the Preliminary Determination in the Federal
Register.\9\ In accordance with section 703(d) of the Act, we
instructed CBP to discontinue the suspension of liquidation of all
entries of subject merchandise entered or withdrawn from warehouse, on
or after October 24, 2023.
---------------------------------------------------------------------------
\9\ See Countervailing Duty Investigation of Tin Mill Products
from the People's Republic of China: Preliminary Determination of
Critical Circumstances, in Part, 88 FR 46738 (July 20, 2023).
---------------------------------------------------------------------------
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
(CVD) order, reinstate the suspension of liquidation under section
706(a) of the Act, and require a cash deposit of estimated CVDs for
entries of subject merchandise in the amounts indicated above. If the
ITC determines that material injury, or threat of material injury, does
not exist, this proceeding will be terminated, and all estimated duties
deposited or securities posted as a result of the suspension of
liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, we will notify the
ITC of our final affirmative determination that countervailable
subsidies are being provided to producers and exporters of pressure
washers from China. Because the final determination in this proceeding
is affirmative, in accordance with section 705(b) 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 pressure washers from China no later
than 45 days after our final determination. In addition, we are making
available to the ITC all non-privileged and nonproprietary information
related to this investigation. We will allow the ITC access to all
privileged and business proprietary information in our files, provided
the ITC confirms that it will not disclose such information, either
publicly or under an administrative protective order (APO), without the
written consent of the Assistant Secretary for Enforcement and
Compliance. If the ITC determines that material injury or threat of
material injury does not exist, this proceeding will be terminated and
all cash deposits will be refunded. If the ITC determines that such
injury does exist, Commerce will issue a CVD order directing CBP to
assess, upon further instruction by Commerce, CVDs 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
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an APO of their responsibility concerning the destruction of
proprietary information disclosed under APO, in accordance with 19 CFR
351.305(a)(3). Timely written notification of the return/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
This determination is issued and published pursuant to sections
705(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 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)
[[Page 1534]]
( 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 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. in., 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 Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Final Critical Circumstances Determination
VI. Subsidies Valuation Information
VII. Use of Facts Available and Adverse Inferences
VIII. Analysis of Programs
IX. Discussion of the Issues
[[Page 1535]]
Comment 1: Whether Commerce Should Apply Adverse Facts Available
(AFA) to Baoshan Iron for its Final Critical Circumstances
Determination
Comment 2: Whether Commerce Should Apply Partial AFA to Jingtang
Iron
Comment 3: Whether Commerce Correctly Calculated Jingtang Iron's
Denominators
Comment 4: Whether Commerce Properly Countervailed Iron Ore and
Coking Coal for Less Than Adequate Remuneration (LTAR)
Comment 5: Selection of the Appropriate Iron Ore and Coking Coal
Benchmarks
Comment 6: Provision of Electricity for LTAR
Comment 7: Provision of Land-Use Rights in the Caofeidian
Industrial Zone for LTAR
Comment 8: Policy Loans to the Tin Mill Products Industry
Comment 9: Whether Commerce Should Apply AFA to the Export
Buyer's Credit (EBC) Program
Comment 10: Import Tariff and Value Added Tax (VAT) Exemptions
on Imported Equipment in Encouraged Industries
Comment 11: Whether it is Lawful for Commerce to Investigate
Other Subsidies
Comment 12: Whether Commerce's Additional Questionnaires Placed
Undue Burden on Jingtang Iron
Comment 13: Whether Commerce's Investigation of Programs Outside
the Average Useful Life (AUL) is Unlawful
Comment 14: Whether Commerce Should Revise the AFA Rate for
Baoshan Iron
X. Recommendation
[FR Doc. 2024-00321 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P