Tin Mill Products From the Netherlands: Final Negative Determination of Sales at Less Than Fair Value, 1524-1526 [2024-00324]
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1524
Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Notices
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Dalmine will be
equal to the weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by a company not
covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment in
which it was reviewed; (3) if the
exporter is not a firm covered in this
review or the original LTFV
investigation, but the producer is, then
the cash deposit rate will be the rate
established for the most recentlycompleted segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 47.87 percent,7 the all-others rate
established in the LTFV investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
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Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
has occurred and the subsequent
assessment of double antidumping
duties.
Administrative Protective Order
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
7 See
Order, 83 FR at 26966.
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notification of the return/destruction of
APO materials, or conversion to judicial
protective order, is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5) and 19 CFR
351.213(h)(2).
Dated: January 3, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Treat Dalmine and
its Romanian Affiliate As a Single Entity
Comment 2: Whether to Revise the Offset
for Movement-Related Revenue
VI. Recommendation
[FR Doc. 2024–00305 Filed 1–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–421–816]
Tin Mill Products From the
Netherlands: Final Negative
Determination of Sales at Less Than
Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) 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) for the period of
investigation January 1, 2022, through
December 31, 2022.
DATES: Applicable January 10, 2024.
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
On August 22, 2023, Commerce
published in the Federal Register its
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
preliminary determination in the LTFV
investigation of tin mill products from
the Netherlands, in which we also
postponed the final determination until
January 4, 2023.1 We invited interested
parties to comment on the Preliminary
Determination.2 We received comments
on the Preliminary Determination from
Cleveland-Cliffs Inc. (Cleveland Cliffs)
and the United Steel, Paper and
Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union (USW).3
On December 1, 2023, we received a
rebuttal brief from Tata Steel IJmuiden
BV (TSIJ).4
For a complete description of the
events that followed the Preliminary
Determination, see the Issues and
Decision Memorandum.5 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.
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
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.6
1 See Tin Mill Products from the Netherlands:
Preliminary Negative Determination of Sales at Less
Than Fair Value and Postponement of Final
Determination, 88 FR 57096 (August 22, 2023)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
2 See Preliminary Determination, 88 FR at 57097.
3 See Cleveland-Cliffs’ Letter, ‘‘Case Brief Of
Petitioner Cleveland-Cliffs Inc.,’’ dated November
24, 2023; and USW’s Letter, ‘‘Case Brief of
Petitioner the United Steelworkers,’’ dated
November 24, 2023.
4 See TSIJ’s Letter, ‘‘Rebuttal Case Brief of Tata
Steel IJmuiden BV,’’ dated December 1, 2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Final Negative Determination in the Less-ThanFair-Value Investigation of Tin Mill Products from
the Netherlands,’’ dated concurrently with, and
hereby adopted by, this notice (Issues and Decision
Memorandum).
6 See Memorandum, ‘‘Preliminary Scope Decision
Memorandum,’’ dated August 16, 2023 (Preliminary
Scope Decision Memorandum).
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We received comments from parties on
the Preliminary Scope Decision
Memorandum, which we address in the
Final Scope Decision Memorandum.7
We made no changes to the scope of the
investigation from the scope published
in the Preliminary Determination, as
noted in Appendix I to this notice.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in September and October 2023, we
conducted verifications of the sales and
cost information submitted by TSIJ for
use in our final determination. We used
standard verification procedures,
including an examination of relevant
sales and accounting records, and
original source documents provided by
TSIJ.8
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs submitted by interested
parties in this investigation are
addressed in the Issues and Decision
Memorandum. A list of the issues
addressed in the Issues and Decision
Memorandum is attached as Appendix
II to this notice.
Changes Since the Preliminary
Determination
We have made certain changes to the
margin calculations for TSIJ since the
Preliminary Determination. For a
discussion of these changes, see the
Issues and Decision Memorandum.
Final Determination
The final estimated weighted-average
dumping margin is as follows:
Exporter/producer
Estimated
weightedaverage
dumping
margin
(percent)
Tata Steel IJmuiden BV .............
0.00
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Commerce determines that TSIJ, the
only individually-examined respondent,
has not made sales of subject
merchandise at LTFV. Accordingly,
Commerce has not calculated an
estimated weighted-average dumping
margin for all other producers and
7 See Memorandum, ‘‘Final Scope Decision
Memorandum,’’ dated concurrently with this
memorandum (Final Scope Decision
Memorandum).
8 See Memorandum, ‘‘Verification of the Sales
Response of Tata Steel IJmuiden, B.V. in the LessThan-Fair-Value Investigation of Tin Mill Products
from the Netherlands,’’ dated October 10, 2023; and
Memorandum, ‘‘Verification of the Cost Response of
Tata Steel IJmuiden BV. in the Antidumping Duty
Investigation of Tin Mill Products from the
Netherlands,’’ dated November 14, 2023.
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1525
exporters pursuant to sections
735(c)(1)(B) and (c)(5) of the Act,
because it has not made an affirmative
determination of sales at LTFV.
Dated: January 4, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Disclosure
Appendix I
We intend to disclose the calculations
performed in this final determination
within five days of the date of
publication of this notice to parties in
this proceeding in accordance with 19
CFR 351.224(b).
Suspension of Liquidation
In the Preliminary Determination, we
calculated an estimated weightedaverage dumping margin for TSIJ that
was zero percent, and, therefore, we did
not suspend liquidation of entries of tin
mill products from the Netherlands.9
Because Commerce has now made a
final negative determination of sales at
LTFV with regard to the 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.
U.S. International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the International
Trade Commission of this final negative
determination of sales at LTFV. As our
final determination is negative, this
proceeding is terminated in accordance
with section 735(c)(2) of the Act.
Administrative Protective Order
This notice will serve as the final
reminder to parties subject to an
administrative protective order (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 or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a violation which is subject to
sanction.
Notification to Interested Parties
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act,
and 19 CFR 351.210(c).
9 See
PO 00000
Preliminary Determination, 88 FR at 57097.
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Fmt 4703
Sfmt 4703
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, 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
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Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Notices
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
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
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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/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,
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Fmt 4703
Sfmt 4703
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. Changes Since the Preliminary
Determination
VI. Discussion of the Issues
Comment 1: Whether Commerce Should
Apply Total Adverse Facts Available
(AFA) to TSIJ
Comment 2: Whether Commerce Can Use
TSIJ’s Home Market Sales to Calculate
Normal Value
Comment 3: Whether Commerce Should
Apply AFA for TSIJ’s Alleged Failure to
Report Product-Specific Costs
Comment 4: Whether Commerce Should
Apply AFA for TSIJ’s Alleged Failure to
Substantiate Operating Costs
Attributable to Subject Merchandise
Comment 5: Whether Commerce Should
Use the Market Prices Provided by the
Petitioners for Coal in Its Affiliated Input
Analysis
VII. Recommendation
[FR Doc. 2024–00324 Filed 1–9–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–870]
Tin Mill Products From Taiwan: Final
Negative Determination of Sales at
Less Than Fair Value and Final
Negative Determination of Critical
Circumstances
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
tin mill products from Taiwan 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
AGENCY:
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]]>Agencies
[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1524-1526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00324]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-421-816]
Tin Mill Products From the Netherlands: Final Negative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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) for the
period of investigation January 1, 2022, through December 31, 2022.
DATES: Applicable January 10, 2024.
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
On August 22, 2023, Commerce published in the Federal Register its
preliminary determination in the LTFV investigation of tin mill
products from the Netherlands, in which we also postponed the final
determination until January 4, 2023.\1\ We invited interested parties
to comment on the Preliminary Determination.\2\ We received comments on
the Preliminary Determination from Cleveland-Cliffs Inc. (Cleveland
Cliffs) and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union (USW).\3\ On December 1, 2023, we received a
rebuttal brief from Tata Steel IJmuiden BV (TSIJ).\4\
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\1\ See Tin Mill Products from the Netherlands: Preliminary
Negative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 88 FR 57096 (August 22, 2023)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
\2\ See Preliminary Determination, 88 FR at 57097.
\3\ See Cleveland-Cliffs' Letter, ``Case Brief Of Petitioner
Cleveland-Cliffs Inc.,'' dated November 24, 2023; and USW's Letter,
``Case Brief of Petitioner the United Steelworkers,'' dated November
24, 2023.
\4\ See TSIJ's Letter, ``Rebuttal Case Brief of Tata Steel
IJmuiden BV,'' dated December 1, 2023.
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For a complete description of the events that followed the
Preliminary Determination, see the Issues and Decision Memorandum.\5\
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.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Decision Memorandum for the Final Negative
Determination in the Less-Than-Fair-Value Investigation of Tin Mill
Products from the Netherlands,'' 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 the Netherlands. 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.\6\
[[Page 1525]]
We received comments from parties on the Preliminary Scope Decision
Memorandum, which we address in the Final Scope Decision Memorandum.\7\
We made no changes to the scope of the investigation from the scope
published in the Preliminary Determination, as noted in Appendix I to
this notice.
---------------------------------------------------------------------------
\6\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated August 16, 2023 (Preliminary Scope Decision Memorandum).
\7\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
concurrently with this memorandum (Final Scope Decision Memorandum).
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in September and October 2023, we conducted verifications of
the sales and cost information submitted by TSIJ for use in our final
determination. We used standard verification procedures, including an
examination of relevant sales and accounting records, and original
source documents provided by TSIJ.\8\
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\8\ See Memorandum, ``Verification of the Sales Response of Tata
Steel IJmuiden, B.V. in the Less-Than-Fair-Value Investigation of
Tin Mill Products from the Netherlands,'' dated October 10, 2023;
and Memorandum, ``Verification of the Cost Response of Tata Steel
IJmuiden BV. in the Antidumping Duty Investigation of Tin Mill
Products from the Netherlands,'' dated November 14, 2023.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached as Appendix II to this notice.
Changes Since the Preliminary Determination
We have made certain changes to the margin calculations for TSIJ
since the Preliminary Determination. For a discussion of these changes,
see the Issues and Decision Memorandum.
Final Determination
The final estimated weighted-average dumping margin is as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
Tata Steel IJmuiden BV..................................... 0.00
------------------------------------------------------------------------
Commerce determines that TSIJ, the only individually-examined
respondent, has not made sales of subject merchandise at LTFV.
Accordingly, Commerce has not calculated an estimated weighted-average
dumping margin for all other producers and exporters pursuant to
sections 735(c)(1)(B) and (c)(5) of the Act, because it has not made an
affirmative determination of sales at LTFV.
Disclosure
We intend to disclose the calculations performed in this final
determination within five days of the date of publication of this
notice to parties in this proceeding in accordance with 19 CFR
351.224(b).
Suspension of Liquidation
In the Preliminary Determination, we calculated an estimated
weighted-average dumping margin for TSIJ that was zero percent, and,
therefore, we did not suspend liquidation of entries of tin mill
products from the Netherlands.\9\ Because Commerce has now made a final
negative determination of sales at LTFV with regard to the 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.
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\9\ See Preliminary Determination, 88 FR at 57097.
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U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
International Trade Commission of this final negative determination of
sales at LTFV. As our final determination is negative, this proceeding
is terminated in accordance with section 735(c)(2) of the Act.
Administrative Protective Order
This notice will serve as the final reminder to parties subject to
an administrative protective order (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 or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) 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) (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 1526]]
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Total Adverse Facts
Available (AFA) to TSIJ
Comment 2: Whether Commerce Can Use TSIJ's Home Market Sales to
Calculate Normal Value
Comment 3: Whether Commerce Should Apply AFA for TSIJ's Alleged
Failure to Report Product-Specific Costs
Comment 4: Whether Commerce Should Apply AFA for TSIJ's Alleged
Failure to Substantiate Operating Costs Attributable to Subject
Merchandise
Comment 5: Whether Commerce Should Use the Market Prices
Provided by the Petitioners for Coal in Its Affiliated Input
Analysis
VII. Recommendation
[FR Doc. 2024-00324 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P
