Certain Corrosion-Resistant Steel Products From Brazil, Canada, Mexico, and the Socialist Republic of Vietnam: Initiation of Countervailing Duty Investigations, 80204-80210 [2024-22591]
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Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Notices
varnishing, trimming, cutting, punching and/
or slitting or any other processing that would
not otherwise remove the merchandise from
the scope of the investigations if performed
in the country of manufacture of the in-scope
corrosion resistant steel.
All products that meet the written physical
description are within the scope of these
investigations unless specifically excluded.
The following products are outside of and/or
specifically excluded from the scope of these
investigations:
• Flat-rolled steel products either plated or
coated with tin, lead, chromium, chromium
oxides, both tin and lead (‘‘terne plate’’) or
both chromium and chromium oxides (‘‘tin
free steel’’), whether or not painted,
varnished or coated with plastics or other
non-metallic substances in addition to the
metallic coating;
• Clad products in straight lengths of
4.7625 mm or more in composite thickness
and of a width which exceeds 150 mm and
measures at least twice the thickness;
• Certain clad stainless flat-rolled
products, which are three-layered corrosionresistant carbon steel flat-rolled products less
than 4.75 mm in composite thickness that
consist of a carbon steel flat-rolled product
clad on both sides with stainless steel in a
20%-60%-20% ratio; and
Also excluded from the scope of the
antidumping duty investigation on corrosion
resistant steel from Taiwan are any products
covered by the existing antidumping duty
order on corrosion-resistant steel from
Taiwan. See Certain Corrosion-Resistant
Steel Products from India, Italy, the People’s
Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative
Antidumping Determination for India and
Taiwan, and Antidumping Duty Orders,
81FR 48390 (July 25, 2016); CorrosionResistant Steel Products from Taiwan: Notice
of Third Amended Final Determination of
Sales at Less Than Fair Value Pursuant to
Court Decision and Partial Exclusion from
Antidumping Duty Order, 88 FR 58245
(August 25, 2023).
Also excluded from the scope of the
antidumping duty investigation on corrosionresistant steel from the United Arab Emirates
and the antidumping duty and countervailing
duty investigations on corrosion-resistant
steel from the Socialist Republic of Vietnam
are any products covered by the existing
antidumping and countervailing duty orders
on corrosion-resistant steel from the People’s
Republic of China and the Republic of Korea
and the antidumping duty order on
corrosion-resistant steel from Taiwan. See
Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of
China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390 (July
25, 2016); see also Certain CorrosionResistant Steel Products from India, Italy,
Republic of Korea and the People’s Republic
of China: Countervailing Duty Order, 81 FR
48387 (July 25, 2016). This exclusion does
not apply to imports of corrosion-resistant
steel that are entered, or withdrawn from
warehouse, for consumption in the United
States for which the relevant importer and
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exporter certifications have been completed
and maintained and all other applicable
certification requirements have been met
such that the entry is entered into the United
States as not subject to the antidumping and
countervailing duty orders on corrosionresistant steel from the People’s Republic of
China, the antidumping and countervailing
duty orders on corrosion-resistant steel from
the Republic of Korea, or the antidumping
duty order on corrosion-resistant steel from
Taiwan.
The products subject to the investigations
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7210.30.0030,
7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0040, 7210.49.0045, 7210.49.0091,
7210.49.0095, 7210.61.0000, 7210.69.0000,
7210.70.6030, 7210.70.6060, 7210.70.6090,
7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000,
7212.30.5000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7212.60.0000, 7225.91.0000,
7225.92.0000, 7226.99.0110, and
7226.99.0130.
The products subject to the investigations
may also enter under the following HTSUS
item numbers: 7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090,
7225.99.0090, 7226.99.0180, 7228.60.6000,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigations is dispositive.
[FR Doc. 2024–22592 Filed 10–1–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–351–863, C–122–872, C–201–864, C–552–
844]
Certain Corrosion-Resistant Steel
Products From Brazil, Canada, Mexico,
and the Socialist Republic of Vietnam:
Initiation of Countervailing Duty
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable September 25, 2024.
FOR FURTHER INFORMATION CONTACT: Paul
Senoyuit and Sofia Pedrelli at 202–482–
6106 and 202–482–4310 (Brazil), Colin
Thrasher at 202–482–3004 (Canada),
Maria Teresa Aymerich at 202–482–
0499 (Mexico), and Mary Kolberg at
202–482–1785 (the Socialist Republic of
Vietnam (Vietnam)), AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
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The Petitions
On September 5, 2024, the U.S.
Department of Commerce (Commerce)
received countervailing duty (CVD)
petitions concerning imports of certain
corrosion-resistant steel products
(CORE) from Brazil, Canada, Mexico,
and Vietnam filed in proper form on
behalf of Steel Dynamics, Inc. (SDI),
Nucor Corporation (Nucor), United
States Steel Corporation (U.S. Steel),
Wheeling-Nippon Steel, Inc. (WheelingNippon), and the United Steel, Paper
and Forestry, Rubber, Manufacturing,
Energy, Allied Industrial and Service
Workers International Union, AFL–CIO,
CLC (the USW), domestic producers of
CORE and a certified union, which
represents workers engaged in the
production of CORE in the United States
(collectively, the petitioners).1 The CVD
petitions were accompanied by
antidumping duty (AD) petitions
concerning imports of CORE from
Australia, Brazil, Canada, Mexico, the
Netherlands, South Africa, Taiwan, the
Republic of Türkiye, the United Arab
Emirates, and Vietnam.2
Between September 9 and 19,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions.3 Between September 12
and 20, 2024, the petitioners filed
timely responses to these requests for
additional information.4
In accordance with section 702(b)(1)
of the Tariff Act of 1930, as amended
1 See Petitioners’ Letter, ‘‘Petitions for the
Imposition of Antidumping and Countervailing
Duties,’’ dated September 5, 2024 (the Petitions).
Nucor is not a petitioner with respect to the AD/
CVD petitions on CORE from Mexico. U.S. Steel,
Wheeling-Nippon, and the USW are not petitioners
with respect to the AD/CVD petitions on CORE
from Canada.
2 Id.
3 See Commerce’s Letters, ‘‘Supplemental
Questions,’’ dated September 9, 2024 (General
Issues Questionnaire), see also Country-Specific
CVD Supplemental Questionnaires: Brazil
Supplemental, Canada Supplemental, Mexico
Supplemental, and Vietnam Supplemental, dated
September 10 and 11, 2024; Commerce’s Letter,
‘‘Second Supplemental Questions,’’ dated
September 16, 2024 (Second General Issues
Questionnaire); and Memorandum, ‘‘Phone Call,’’
dated September 19, 2024.
4 See Petitioners’ Letters, ‘‘Response to General
Issues Questionnaire and Amendment to Volume I
of Petitions,’’ dated September 12, 2024 (First
General Issues Supplement); see also Petitioners’
Country-Specific CVD Supplemental Responses:
Brazil CVD Supplement, Canada CVD Supplement,
Mexico CVD Supplement, and Vietnam CVD
Supplement, dated September 13 and 16, 2024;
Petitioners’ Letter, ‘‘Petitioners’ Response to Second
General Issues Supplemental Questionnaire and
Amendment to Volume I of Petitions,’’ dated
September 18, 2024 (Second General Issues
Supplement); and Petitioners’ Letter, ‘‘Response to
Third General Issues Questionnaire and
Amendment to Volume I of Petitions,’’ dated
September 20, 2024 (Third General Issues
Supplement).
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(the Act), the petitioners allege that the
Government of Brazil (GOB), the
Government of Canada (GOC), the
Government of Mexico (GOM), and the
Government of Vietnam (GOV)
(collectively, Governments) are
providing countervailable subsidies,
within the meaning of sections 701 and
771(5) of the Act, to producers of CORE
from Brazil, Canada, Mexico, and
Vietnam, and that such imports are
materially injuring, or threatening
material injury to, the domestic industry
producing CORE in the United States.
Consistent with section 702(b)(1) of the
Act and 19 CFR 351.202(b), for those
alleged programs on which we are
initiating CVD investigations, the
Petitions were accompanied by
information reasonably available to the
petitioners supporting their allegations.
Commerce finds that the petitioners
filed the Petitions on behalf of the
domestic industry because the
petitioners are interested parties, as
defined in sections 771(9)(C) and (D) of
the Act.5 Commerce also finds that the
petitioners demonstrated sufficient
industry support with respect to the
initiation of the requested CVD
investigations.6
Periods of Investigation
Because the Petitions were filed on
September 5, 2024, the periods of
investigation for the Brazil, Canada,
Mexico, and Vietnam CVD
investigations are January 1, 2023,
through December 31, 2023.7
Scope of the Investigations
The merchandise covered by these
investigations is CORE from Brazil,
Canada, Mexico, and Vietnam. For a full
description of the scope of these
investigations, see the appendix to this
notice.
Comments on the Scope of the
Investigations
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On September 9 and 16, 2024,
Commerce requested information and
clarification from the petitioners
regarding the proposed scope to ensure
that the scope language in the Petitions
is an accurate reflection of the products
for which the domestic industry is
seeking relief.8 On September 12 and
18, 2024, the petitioners provided
5 SDI, Nucor, U.S. Steel, and Wheeling-Nippon
are interested parties under section 771(9)(C) of the
Act, while the USW is an interested party under
section 771(9)(D) of the Act.
6 See section on ‘‘Determination of Industry
Support for the Petitions,’’ infra.
7 See 19 CFR 351.204(b)(2).
8 See General Issues Questionnaire; see also
Second General Issues Questionnaire.
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clarifications and revised the scope.9
The description of merchandise covered
by these investigations, as described in
the appendix to this notice, reflects
these clarifications.
As discussed in the Preamble to
Commerce’s regulations, we are setting
aside a period for interested parties to
raise issues regarding product coverage
(i.e., scope).10 Commerce will consider
all comments received from interested
parties and, if necessary, will consult
with interested parties prior to the
issuance of the preliminary
determinations. If scope comments
include factual information, all such
factual information should be limited to
public information.11 To facilitate
preparation of its questionnaires,
Commerce requests that scope
comments be submitted by 5:00 p.m.
Eastern Time (ET) on October 15, 2024,
which is 20 calendar days from the
signature date of this notice.12 Any
rebuttal comments, which may include
factual information, must be filed by
5:00 p.m. ET on October 25, 2024,
which is 10 calendar days from the
initial comment deadline.
Commerce requests that any factual
information that parties consider
relevant to the scope of the
investigations be submitted during that
time period. However, if a party
subsequently finds that additional
factual information pertaining to the
scope of the investigations may be
relevant, the party must contact
Commerce and request permission to
submit the additional information. All
scope comments must be filed
simultaneously on the records of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
unless an exception applies.13 An
9 See First General Issues Supplement at 7–9 and
Exhibit Supp. I–55; see also Second General Issues
Supplement at 2–3 and Exhibit 2nd Supp I–7.
10 See Antidumping Duties; Countervailing
Duties; Final Rule, 62 FR 27296, 27323 (May 19,
1997) (Preamble).
11 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
12 See 19 CFR 351.303(b)(1).
13 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System
Name, 79 FR 69046 (November 20, 2014), for details
of Commerce’s electronic filing requirements,
effective August 5, 2011. Information on using
ACCESS can be found at https://access.trade.gov/
help.aspx and a handbook can be found at https://
access.trade.gov/help/Handbook_on_Electronic_
Filing_Procedures.pdf.
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80205
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Consultations
Pursuant to sections 702(b)(4)(A)(i)
and (ii) of the Act, Commerce notified
the Governments of the receipt of the
Petitions and provided an opportunity
for consultations with respect to the
Petitions.14 Commerce held
consultations with the GOB on
September 23, 2024,15 the GOC on
September 19, 2024,16 the GOM on
September 20, 2024,17 and the GOV on
September 19, 2024.18
Determination of Industry Support for
the Petitions
Section 702(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 702(c)(4)(A)
of the Act provides that a petition meets
this requirement if the domestic
producers or workers who support the
petition account for: (i) at least 25
percent of the total production of the
domestic like product; and (ii) more
than 50 percent of the production of the
domestic like product produced by that
portion of the industry expressing
support for, or opposition to, the
petition. Moreover, section 702(c)(4)(D)
of the Act provides that, if the petition
does not establish support of domestic
producers or workers accounting for
more than 50 percent of the total
production of the domestic like product,
Commerce shall: (i) poll the industry or
rely on other information in order to
determine if there is support for the
petition, as required by subparagraph
(A); or (ii) determine industry support
using a statistically valid sampling
method to poll the ‘‘industry.’’
Section 771(4)(A) of the Act defines
the ‘‘industry’’ as the producers as a
whole of a domestic like product. Thus,
14 See Commerce’s Letters, ‘‘Invitation for
Consultation to Discuss the Countervailing Duty
Petition,’’ dated September 5, 2024, and September
6, 2024.
15 See Memorandum, ‘‘Consultations with the
Government of Brazil,’’ dated September 23, 2024.
16 See Memorandum, ‘‘Consultations with
Officials from the Government of Canada,’’ dated
September 19, 2024 (GOC Consultations
Memorandum). In addition, on September 24, 2024,
Commerce met via video conference with officials
from the GOC (at their request) to further discuss
the issues raised during the September 19, 2024,
consultations. See Memorandum, ‘‘Petition for the
Imposition of Countervailing Duties on Imports of
Certain Corrosion-Resistant Steel Products from
Canada: Videoconference with Embassy of Canada,’’
dated September 24, 2024.
17 See Memorandum, ‘‘Consultations with
Officials from the Government of Mexico,’’ dated
September 23, 2024.
18 See Memorandum, ‘‘Consultations with the
Government of Vietnam,’’ dated September 19,
2024.
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to determine whether a petition has the
requisite industry support, the statute
directs Commerce to look to producers
and workers who produce the domestic
like product. The U.S. International
Trade Commission (ITC), which is
responsible for determining whether
‘‘the domestic industry’’ has been
injured, must also determine what
constitutes a domestic like product in
order to define the industry. While both
Commerce and the ITC apply the same
statutory definition regarding the
domestic like product,19 they do so for
different purposes and pursuant to a
separate and distinct authority. In
addition, Commerce’s determination is
subject to limitations of time and
information. Although this may result in
different definitions of the like product,
such differences do not render the
decision of either agency contrary to
law.20
Section 771(10) of the Act defines the
domestic like product as ‘‘a product
which is like, or in the absence of like,
most similar in characteristics and uses
with, the article subject to an
investigation under this title.’’ Thus, the
reference point from which the
domestic like product analysis begins is
‘‘the article subject to an investigation’’
(i.e., the class or kind of merchandise to
be investigated, which normally will be
the scope as defined in the petition).
With regard to the domestic like
product, the petitioners do not offer a
definition of the domestic like product
distinct from the scope of the
investigations.21 Based on our analysis
of the information submitted on the
record, we have determined that CORE,
as defined in the scope, constitutes a
single domestic like product, and we
have analyzed industry support in terms
of that domestic like product.22
19 See
section 771(10) of the Act.
USEC, Inc. v. United States, 132 F. Supp.
2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd.
v. United States, 688 F. Supp. 639, 644 (CIT 1988),
aff’d Algoma Steel Corp., Ltd. v. United States, 865
F.2d 240 (Fed. Cir. 1989)).
21 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Checklists,
‘‘Countervailing Duty Investigation Initiation
Checklists: Certain Corrosion-Resistant Steel
Products from Brazil, Canada, Mexico, and the
Socialist Republic of Vietnam,’’ dated concurrently
with, and hereby adopted by, this notice (CountrySpecific CVD Initiation Checklists), at Attachment
II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions
Covering Certain Corrosion-Resistant Steel Products
from Australia, Brazil, Canada, Mexico, the
Netherlands, South Africa, Taiwan, the Republic of
Türkiye, the United Arab Emirates, and the
Socialist Republic of Vietnam (Attachment II).
These checklists are on file electronically via
ACCESS.
22 See Attachment II of the Country-Specific CVD
Initiation Checklists.
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20 See
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In determining whether the
petitioners have standing under section
702(c)(4)(A) of the Act, we considered
the industry support data contained in
the Petitions with reference to the
domestic like product as defined in the
‘‘Scope of the Investigations,’’ in the
appendix to this notice. To establish
industry support, the petitioners
provided the 2023 total shipments of the
domestic like product for the U.S.
producers and workers that support the
Petitions and compared this to the
estimated total 2023 shipments of the
domestic like product for the entire
domestic industry.23 The petitioners
estimated total shipments of the
domestic like product for the entire
domestic industry based on shipment
data from the American Iron and Steel
Institute and made certain adjustments
to these data to approximate total
shipments of the domestic like product
in 2023.24 Because total industry
production data for the domestic like
product for 2023 are not reasonably
available to the petitioners, and the
petitioners have established that
shipments are a reasonable proxy for
production data,25 we have relied on the
data provided by the petitioners for
purposes of measuring industry
support.26
On September 18, 2024, we received
timely filed comments on industry
support from Stelco, Inc. (Stelco), a
Canadian producer/exporter of CORE.27
On September 18, 2024, we also
received timely filed comments on
industry support from ArcelorMittal
Dofasco G.P. (Dofasco), a Canadian
producer and exporter of CORE.28 Also
on September 18, 2024, we received
timely filed comments on industry
support from Ternium USA and
Ternium Mexico S.A. de C.V.
(collectively, Ternium), a U.S. producer
and importer of CORE and a Mexican
producer/exporter of CORE,
respectively.29 In its September 18,
2024, submission, Ternium stated that it
opposed the Mexico CVD Petition.30 On
September 18, 2024, we also received
timely filed comments on industry
support from the GOC and the
23 Id.
24 Id.
25 Id.
26 Id.
27 See Stelco’s Letter, ‘‘Comments on Industry
Support for the Petitions and Request for Polling,’’
dated September 18, 2024.
28 See Dofasco’s Letter, ‘‘Comments on Industry
Support and Request for Industry Polling,’’ dated
September 18, 2024.
29 See Ternium’s Letters, ‘‘Comments on
Petitioners’ Standing,’’ dated September 18, 2024
(Ternium Letter I), and ‘‘Entry of Appearance,’’
dated September 13, 2024.
30 See Ternium Letter I at 3.
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Government of Ontario (collectively).31
In addition, in the GOC raised industry
support concerns during the September
19, 2024, consultations with respect to
the Canada CVD Petition.32 On
September 20, 2024, the petitioners
responded to the comments from Stelco,
GOC, Dofasco, and Ternium in timely
filed rebuttal submissions.33 On
September 20, 2024, Stelco, Dofasco,
and Ternium submitted additional
comments.34 On September 24, 2024,
Ternium submitted additional
comments and provided its 2023
shipments and production.35
Our review of the data provided in the
Petitions, the First General Issues
Supplement, Second General Issues
Supplement, the Third General Issues
Supplement, Petitioners’ Response I,
Petitioners’ Response II, Petitioners’
Response III, and other information
readily available to Commerce indicates
that the petitioners have established
industry support for the Petitions.36
With respect to the Brazil, Mexico, and
Vietnam CVD Petitions, we determine
that the domestic producers and
workers that support the Brazil, Mexico,
and Vietnam CVD Petitions account for
more than 50 percent of the total
production of the domestic like product
and, as such, Commerce is not required
to take further action to evaluate
industry support (e.g., polling).37
Second, the domestic producers and
workers have met the statutory criteria
for industry support under section
702(c)(4)(A)(i) of the Act because the
domestic producers and workers who
support the Brazil, Mexico, and Vietnam
CVD Petitions account for at least 25
percent of the total production of the
31 See GOC and Government of Ontario’s Letter,
‘‘Industry Support Comments,’’ dated September
18, 2024.
32 See GOC Consultations Memorandum; see also
GOC’s Letter, ‘‘Government of Canada’s
Consultations Materials,’’ dated September 20,
2024.
33 See Petitioners’ Letters, ‘‘Response to
Comments on Industry Support and Request for
Polling,’’ dated September 20, 2024 (Petitioners’
Response I), ‘‘Response to Comments on Industry
Support,’’ dated September 20, 2024 (Petitioners’
Response II), and ‘‘Response to Comments on
Petitioners’ Standing,’’ dated September 20, 2024
(Petitioners’ Response III).
34 See Stelco’s Letter, ‘‘Rebuttal Comments on
Industry Support for the Petitions and Request for
Polling,’’ dated September 20, 2024; see also
Dofasco’s Letter, ‘‘Rebuttal Comments to
Petitioners’ Response to the Second General Issues
Questionnaire and Amendment to Volume I of
Petitions,’’ dated September 20, 2024.
35 See Ternium’s Letter, ‘‘Ternium’s Third
Comments on Petitioners’ Standing,’’ dated
September 24, 2024.
36 For further discussion, see Attachment II of the
Country-Specific CVD Initiation Checklists.
37 Id.; see also section 702(c)(4)(D) of the Act.
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domestic like product.38 Finally, the
domestic producers and workers have
met the statutory criteria for industry
support under section 702(c)(4)(A)(ii) of
the Act because the domestic producers
and workers who support the Brazil,
Mexico, and Vietnam CVD Petitions
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Petitions.39 Accordingly, Commerce
determines that the Brazil, Mexico, and
Vietnam CVD Petitions were filed on
behalf of the domestic industry within
the meaning of section 702(b)(1) of the
Act.40
With respect to the Canada CVD
Petition, based on information provided
in the Petition and supplemental
responses thereto, we determine that the
domestic producers (or workers) have
met the statutory criteria for industry
support under section 702(c)(4)(A)(i) of
the Act, because the domestic producers
(or workers) who support the Canada
CVD Petition account for at least 25
percent of the total production of the
domestic like product.41 Because the
Canada CVD Petition and supplemental
submissions did not establish support
from domestic producers (or workers)
accounting for more than 50 percent of
the total production of the domestic like
product, Commerce was required to take
further action in order to evaluate
industry support.42 In this case,
Commerce was able to rely on other
information, in accordance with section
702(c)(4)(D)(i) of the Act, to determine
industry support.43 Based on
information provided in the Petitions,
supplemental responses, and other
information readily available to
Commerce, the domestic producers (or
workers) have met the statutory criteria
for industry support under section
702(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who
support the Canada CVD Petition
account for more than 50 percent of the
production of the domestic like product
produced by that portion of the industry
expressing support for, or opposition to,
the Canada CVD Petition.44
Accordingly, Commerce determines that
the Canada CVD Petition was filed on
behalf of the domestic industry within
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38 See
Attachment II of the Country-Specific CVD
Initiation Checklists.
39 Id.
40 Id.
41 See Attachment II of the Canada CVD Initiation
Checklist.
42 Id.; see also section 702(c)(4)(D) of the Act.
43 See Attachment II of the Canada CVD Initiation
Checklist.
44 Id.
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the meaning of section 702(b)(1) of the
Act.45
Injury Test
Because Brazil, Canada, Mexico, and
Vietnam are ‘‘Subsidies Agreement
Countries’’ within the meaning of
section 701(b) of the Act, section
701(a)(2) of the Act applies to these
investigations. Accordingly, the ITC
must determine whether imports of the
subject merchandise from Brazil,
Canada, Mexico, and/or Vietnam
materially injure, or threaten material
injury to, a U.S. industry.
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that imports of
the subject merchandise are benefiting
from countervailable subsidies and that
such imports are causing, or threaten to
cause, material injury to the U.S.
industry producing the domestic like
product. In addition, the petitioners
allege that subject imports from Brazil,
Canada, Mexico, and Vietnam
individually exceed the negligibility
threshold provided for under section
771(24)(A) of the Act.46
The petitioners contend that the
industry’s injured condition is
illustrated by the significant volume of
subject imports; reduced market share;
underselling and price depression and/
or suppression; and low and declining
capacity utilization; and declines in
U.S. commercial shipment values, net
sales values, operating income, and net
income.47 We assessed the allegations
and supporting evidence regarding
material injury, threat of material injury,
causation, cumulation, as well as
negligibility, and we have determined
that these allegations are properly
supported by adequate evidence and
meet the statutory requirements for
initiation.48
Initiation of CVD Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 702 of the Act. Therefore, we
are initiating CVD investigations to
determine whether imports of CORE
from Brazil, Canada, Mexico, and
45 Id.
46 For further information regarding negligibility
and the injury allegation, see Country-Specific CVD
Initiation Checklists at Attachment III, Analysis of
Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing
Duty Petitions Covering Certain Corrosion-Resistant
Steel Products from Australia, Brazil, Canada,
Mexico, the Netherlands, South Africa, Taiwan, the
Republic of Türkiye, the United Arab Emirates, and
the Socialist Republic of Vietnam (Attachment III).
47 Id.
48 Id.
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Vietnam benefit from countervailable
subsidies conferred by the GOB, GOC,
GOM, and the GOV, respectively. In
accordance with section 703(b)(1) of the
Act and 19 CFR 351.205(b)(1), unless
postponed, we will make our
preliminary determinations no later
than 65 days after the date of these
initiations.
Brazil
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on all 16 of the programs
alleged by the petitioners. For a full
discussion of the basis for our decision
to initiate on each program, see the
Brazil CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
Canada
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 27 of the 28 programs
alleged by the petitioners. For a full
discussion of the basis for our decision
to initiate on each program, see the
Canada CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
Mexico
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on 15 of the 16 programs
alleged by the petitioners. For a full
discussion of the basis for our decision
to initiate on each program, see the
Mexico CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
Vietnam
Based on our review of the Petitions,
we find that there is sufficient
information to initiate a CVD
investigation on all 26 of the programs
alleged by the petitioners. For a full
discussion of the basis for our decision
to initiate on each program, see the
Vietnam CVD Initiation Checklist. A
public version of the initiation checklist
for this investigation is available on
ACCESS.
Respondent Selection
Brazil, Canada, and Mexico
In the Petitions, the petitioners
identified eight companies in Brazil,
five companies in Canada, and six
companies in Mexico as producers and/
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or exporters of CORE.49 Commerce
intends to follow its standard practice in
CVD investigations and calculate
company-specific subsidy rates in these
investigations. Following standard
practice in CVD investigations, in the
event Commerce determines that the
number of exporters or producers is
large such that Commerce cannot
individually examine each company
based on its resources, Commerce
intends to select mandatory respondents
based on U.S. Customs and Border
Protection (CBP) entry data for U.S.
imports under the appropriate
Harmonized Tariff Schedule of the
United States (HTSUS) subheading(s)
listed in the ‘‘Scope of the
Investigations,’’ in the appendix.
On September 23, 2024, Commerce
released CBP data on imports of CORE
from Brazil, Canada, and Mexico under
administrative protective order (APO) to
all parties with access to information
protected by APO and indicated that
interested parties wishing to comment
on CBP data and/or respondent
selection must do so within three
business days of the publication date of
the notice of initiation of these
investigations.50 Comments must be
filed electronically using ACCESS. An
electronically-filed document must be
received successfully in its entirety via
ACCESS by 5:00 p.m. ET on the
specified deadline. Commerce will not
accept rebuttal comments regarding the
CBP data or respondent selection.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
Instructions for filing such applications
may be found on Commerce’s website at
https://www.trade.gov/administrativeprotective-orders.
value (Q&V) questionnaires issued to
the potential respondents. Commerce
normally selects mandatory respondents
in CVD investigations using U.S.
Customs and Border Protection (CBP)
entry data for U.S. imports under the
appropriate Harmonized Tariff Schedule
of the United States (HTSUS)
subheadings listed in the ‘‘Scope of the
Investigations’’ in the appendix.
However, for the Vietnam CVD
investigation, due to Commerce’s
determinations that certain imports of
CORE from Vietnam are circumventing
the CVD orders on CORE from the
People’s Republic of China 52 and the
Republic of Korea,53 we cannot rely on
CBP data in selecting respondents.
Accordingly, for Vietnam, Commerce
will send Q&V questionnaires to each
producer and/or exporter for which
there is complete address information
on the record.
Commerce will also post the Q&V
questionnaire along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Exporters/producers of
CORE from Vietnam that do not receive
Q&V questionnaires may still submit a
response to the Q&V questionnaire and
can obtain a copy of the Q&V
questionnaire from Commerce’s website.
Responses to the Q&V questionnaire
must be submitted by the relevant
producers/exporters no later than 5:00
p.m. on October 9, 2024, which is two
weeks from the signature date of this
notice. An electronically filed document
must be received successfully, in its
entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Vietnam
In the Petitions, the petitioners
identified 17 companies in Vietnam as
producers and/or exporters of CORE.51
Commerce intends to follow its standard
practice in CVD investigations and
calculate company-specific subsidy
rates in these investigations. In the
event that Commerce determines that
the number of known producers/
exporters is large, and it cannot
individually examine each company
based upon Commerce’s resources,
Commerce intends to select mandatory
respondents based on quantity and
In accordance with section
702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version
of the Petitions has been provided to the
GOB, GOC, GOM, and GOV via
ACCESS. To the extent practicable, we
will attempt to provide a copy of the
public version of the Petitions to each
exporter named in the Petitions, as
provided under 19 CFR 351.203(c)(2).
49 See Petitions at Volume I (page 28 and Exhibits
I–10 through I–12); see also First General Issues
Supplement at 7 and Exhibit Supp. I–18.
50 See Country-Specific Memoranda, ‘‘Release of
U.S. Customs and Border Protection Entry Data,’’
dated September 23, 2024.
51 See Petitions at Volume I (page 28 and Exhibit
I–18).
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Distribution of Copies of the Petitions
52 See
Certain Corrosion-Resistant Steel Products
from the People’s Republic of China: Affirmative
Final Determination of Circumvention of the
Antidumping and Countervailing Duty Orders, 83
FR 23895 (May 23, 2018).
53 See Certain Corrosion-Resistant Steel Products
from the Republic of Korea: Affirmative Final
Determinations of Anti-Circumvention Inquiries on
the Antidumping Duty and Countervailing Duty
Orders, 84 FR 70948 (December 26, 2019); see also
Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Correction to Affirmative Final
Determinations of Anti-Circumvention Inquiries on
the Antidumping Duty and Countervailing Duty
Orders, 85 FR 882 (January 8, 2020).
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ITC Notification
Commerce will notify the ITC of its
initiation, as required by section 702(d)
of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine,
within 45 days after the date on which
the Petitions were filed, whether there
is a reasonable indication that imports
of CORE from Brazil, Canada, Mexico,
and/or Vietnam are materially injuring,
or threatening material injury to, a U.S.
industry.54 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.55 Otherwise, these CVD
investigations will proceed according to
statutory and regulatory time limits.
Submission of Factual Information
Factual information is defined in 19
CFR 351.102(b)(21) as: (i) evidence
submitted in response to questionnaires;
(ii) evidence submitted in support of
allegations; (iii) publicly available
information to value factors of
production under 19 CFR 351.408(c) or
to measure the adequacy of
remuneration under 19 CFR
351.511(a)(2); (iv) evidence placed on
the record by Commerce; and (v)
evidence other than factual information
described in (i)–(iv). Section 351.301(b)
of Commerce’s regulations requires any
party, when submitting factual
information, to specify under which
subsection of 19 CFR 351.102(b)(21) the
information is being submitted 56 and, if
the information is submitted to rebut,
clarify, or correct factual information
already on the record, to provide an
explanation identifying the information
already on the record that the factual
information seeks to rebut, clarify, or
correct.57 Time limits for the
submission of factual information are
addressed in 19 CFR 351.301, which
provides specific time limits based on
the type of factual information being
submitted. Interested parties should
review the regulations prior to
submitting factual information in these
investigations.
Extensions of Time Limits
Parties may request an extension of
time limits before the expiration of a
time limit established under 19 CFR
351.301, or as otherwise specified by
Commerce. In general, an extension
request will be considered untimely if it
is filed after the expiration of the time
54 See
section 703(a)(1) of the Act.
55 Id.
56 See
57 See
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19 CFR 351.301(b).
19 CFR 351.301(b)(2).
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limit established under 19 CFR 351.301,
or as otherwise specified by
Commerce.58 For submissions that are
due from multiple parties
simultaneously, an extension request
will be considered untimely if it is filed
after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce
may elect to specify a different time
limit by which extension requests will
be considered untimely for submissions
which are due from multiple parties
simultaneously. In such a case, we will
inform parties in a letter or
memorandum of the deadline (including
a specified time) by which extension
requests must be filed to be considered
timely. An extension request must be
made in a separate, standalone
submission; under limited
circumstances we will grant untimely
filed requests for the extension of time
limits, where we determine, based on 19
CFR 351.302, that extraordinary
circumstances exist. Parties should
review Commerce’s regulations
concerning the extension of time limits
and the Time Limits Final Rule prior to
submitting factual information in these
investigations.59
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.60
Parties must use the certification
formats provided in 19 CFR
351.303(g).61 Commerce intends to
reject factual submissions if the
submitting party does not comply with
the applicable certification
requirements.
Notification to Interested Parties
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305.
Parties wishing to participate in these
investigations should ensure that they
meet the requirements of 19 CFR
351.103(d) (e.g., by filing the required
letters of appearance). Note that
Commerce has amended certain of its
58 See
19 CFR 351.302.
19 CFR 351.301; see also Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20,
2013) (Time Limits Final Rule), available at https://
www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/201322853.htm.
60 See section 782(b) of the Act.
61 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule); see also frequently asked
questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_
info_final_rule_FAQ_07172013.pdf.
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requirements pertaining to the service of
documents in 19 CFR 351.303(f).62
This notice is issued and published
pursuant to sections 702 and 777(i) of
the Act, and 19 CFR 351.203(c).
Dated: September 25, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The products covered by these
investigations are certain flat-rolled steel
products, either clad, plated, or coated with
corrosion-resistant metals such as zinc,
aluminum, or zinc-, aluminum-, nickel- or
iron-based alloys, whether or not corrugated
or painted, varnished, laminated, or coated
with plastics or other non-metallic
substances in addition to the metallic
coating. The products covered include coils
that have a width of 12.7 mm or greater,
regardless of form of coil (e.g., in
successively superimposed layers, spirally
oscillating, etc.). The products covered also
include products not in coils (e.g., in straight
lengths) of a thickness less than 4.75 mm and
a width that is 12.7 mm or greater and that
measures at least 10 times the thickness. The
products covered also include products not
in coils (e.g., in straight lengths) of a
thickness of 4.75 mm or more and a width
exceeding 150 mm and measuring at least
twice the thickness. The products described
above may be rectangular, square, circular, or
other shape and include products of either
rectangular or non-rectangular cross-section
where such cross-section is achieved
subsequent to the rolling process, i.e.,
products which have been ‘‘worked after
rolling’’ (e.g., products which have been
beveled or rounded at the edges).
For purposes of the width and thickness
requirements referenced above:
(1) Where the nominal and actual
measurements vary, a product is within the
scope if application of either the nominal or
actual measurement would place it within
the scope based on the definitions set forth
above, and
(2) where the width and thickness vary for
a specific product (e.g., the thickness of
certain products with non-rectangular crosssection, the width of certain products with
non-rectangular shape, etc.), the
measurement at its greatest width or
thickness applies.
Steel products included in the scope of
these investigations are products in which:
(1) iron predominates, by weight, over each
of the other contained elements; and (2) the
carbon content is 2 percent or less, by weight.
Subject merchandise also includes
corrosion-resistant steel that has been further
processed in a third country, including but
not limited to annealing, tempering, painting,
62 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
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varnishing, trimming, cutting, punching and/
or slitting or any other processing that would
not otherwise remove the merchandise from
the scope of the investigations if performed
in the country of manufacture of the in-scope
corrosion resistant steel.
All products that meet the written physical
description are within the scope of these
investigations unless specifically excluded.
The following products are outside of and/or
specifically excluded from the scope of these
investigations:
• Flat-rolled steel products either plated or
coated with tin, lead, chromium, chromium
oxides, both tin and lead (‘‘terne plate’’) or
both chromium and chromium oxides (‘‘tin
free steel’’), whether or not painted,
varnished or coated with plastics or other
non-metallic substances in addition to the
metallic coating;
• Clad products in straight lengths of
4.7625 mm or more in composite thickness
and of a width which exceeds 150 mm and
measures at least twice the thickness;
• Certain clad stainless flat-rolled
products, which are three-layered corrosionresistant carbon steel flat-rolled products less
than 4.75 mm in composite thickness that
consist of a carbon steel flat-rolled product
clad on both sides with stainless steel in a
20%–60%–20% ratio; and
Also excluded from the scope of the
antidumping duty investigation on corrosion
resistant steel from Taiwan are any products
covered by the existing antidumping duty
order on corrosion-resistant steel from
Taiwan. See Certain Corrosion-Resistant
Steel Products from India, Italy, the People’s
Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative
Antidumping Determination for India and
Taiwan, and Antidumping Duty Orders,
81FR 48390 (July 25, 2016); CorrosionResistant Steel Products from Taiwan: Notice
of Third Amended Final Determination of
Sales at Less Than Fair Value Pursuant to
Court Decision and Partial Exclusion from
Antidumping Duty Order, 88 FR 58245
(August 25, 2023).
Also excluded from the scope of the
antidumping duty investigation on corrosionresistant steel from the United Arab Emirates
and the antidumping duty and countervailing
duty investigations on corrosion-resistant
steel from the Socialist Republic of Vietnam
are any products covered by the existing
antidumping and countervailing duty orders
on corrosion-resistant steel from the People’s
Republic of China and the Republic of Korea
and the antidumping duty order on
corrosion-resistant steel from Taiwan. See
Certain Corrosion-Resistant Steel Products
from India, Italy, the People’s Republic of
China, the Republic of Korea and Taiwan:
Amended Final Affirmative Antidumping
Determination for India and Taiwan, and
Antidumping Duty Orders, 81 FR 48390 (July
25, 2016); see also Certain CorrosionResistant Steel Products from India, Italy,
Republic of Korea and the People’s Republic
of China: Countervailing Duty Order, 81 FR
48387 (July 25, 2016). This exclusion does
not apply to imports of corrosion-resistant
steel that are entered, or withdrawn from
warehouse, for consumption in the United
States for which the relevant importer and
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exporter certifications have been completed
and maintained and all other applicable
certification requirements have been met
such that the entry is entered into the United
States as not subject to the antidumping and
countervailing duty orders on corrosionresistant steel from the People’s Republic of
China, the antidumping and countervailing
duty orders on corrosion-resistant steel from
the Republic of Korea, or the antidumping
duty order on corrosion-resistant steel from
Taiwan.
The products subject to the investigations
are currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under item numbers: 7210.30.0030,
7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0040, 7210.49.0045, 7210.49.0091,
7210.49.0095, 7210.61.0000, 7210.69.0000,
7210.70.6030, 7210.70.6060, 7210.70.6090,
7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000,
7212.30.5000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7212.60.0000, 7225.91.0000,
7225.92.0000, 7226.99.0110, and
7226.99.0130.
The products subject to the investigations
may also enter under the following HTSUS
item numbers: 7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000, 7217.20.1500,
7217.30.1530, 7217.30.1560, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090,
7225.99.0090, 7226.99.0180, 7228.60.6000,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are
provided for convenience and customs
purposes only. The written description of the
scope of the investigations is dispositive.
[FR Doc. 2024–22591 Filed 10–1–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute for Standards and
Technology
Artificial Intelligence-Powered
Autonomous Experimentation (AI/AE)
for Sustainable Semiconductor
Materials
National Institute of Standards
and Technology, Department of
Commerce.
AGENCY:
ACTION:
Notice of intent (NOI).
The CHIPS Research and
Development Office (CHIPS R&D)
intends to announce an open
competition for industry-informed,
university-based collaborations
demonstrating artificial intelligencepowered autonomous experimentation
(AI/AE) into sustainable materials and
processes relevant to semiconductor
manufacturing. CHIPS R&D expects a
total Federal commitment of up to
approximately $100 million over a
period not to exceed five years as
needed to support at least two large,
team-oriented awards.
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SUMMARY:
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18:16 Oct 01, 2024
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FOR FURTHER INFORMATION CONTACT:
Questions may be submitted via email
to askchips@chips.gov with ‘‘2024–
NIST–CHIPS–AI/AE–NOI’’ in the
subject line or via phone to Jim Warren
at (301) 975–5708. Responses to
questions received, provided at the sole
discretion of CHIPS R&D, will be posted
on the CHIPS R&D website at https://
www.nist.gov/chips/chips-RD-fundingopportunities, with further information
provided on this site once the open
competition has been announced.
SUPPLEMENTARY INFORMATION:
Purpose. CHIPS R&D intends to
announce, via a Notice of Funding
Opportunity (NOFO), an open
competition for industry-informed,
university-based AI/AE collaborations
relevant to sustainable semiconductor
manufacturing. The NOFO would seek
to support the long-term viability of
domestic semiconductor manufacturing
by accelerating the discovery, design,
synthesis, and deployment of new
materials and processes and the
development of new researchers needed
to meet the industry’s technological,
economic, and sustainability goals.
These goals may include but are not
limited to improving leading-edge
product performance; improving
manufacturing yield, energy and water
efficiency, and supply chain resiliency;
and reducing manufacturing emissions
and waste (including PFAS) through the
development of materials and process
alternatives, for the benefit of human
health and safety. If successful, the
competition should demonstrate that
new sustainable semiconductor
materials and processes, meeting
industry needs, can be designed and
adopted for industry testing within five
years. The competition should further
accelerate a step-change in the number
of universities, researchers, and
graduates participating in the U.S.
semiconductor R&D ecosystem,
including in CHIPS Act funded
activities at the National Semiconductor
Technology Center (NSTC) and CHIPS
Manufacturing USA Institute.
For general planning purposes, CHIPS
R&D expects a total Federal
commitment of up to approximately
$100 million over a period not to exceed
five years, as needed to support at least
two large, team-oriented awards. CHIPS
R&D expects eligible uses of Federal
funds to include the procurement,
upgrade, or maintenance of necessary
research equipment at universities;
accessing such equipment outside of
academia or outside of the project team;
basic and applied research and
development (R&D); workforce
development; and technology transition.
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CHIPS R&D further envisions that
university research teams may leverage
industry-provided expertise, intellectual
property, facility access, or other forms
of partner co-investment during the
award period of performance. The
anticipated program outcomes, if
successful, should prove relevant and
translatable to the NSTC, CHIPS
Manufacturing USA Institute, and other
CHIPS programs.. The purpose of this
NOI is to facilitate the development of
meaningful collaborations and
responsive proposals by offering
preliminary information to potential
applicants. Consistent with the
direction under Executive Order 14080
(Implementation of the CHIPS Act of
2022) for agencies to prioritize
benefitting a broad range of stakeholders
and to establish collaborative networks,
CHIPS R&D expects to encourage
proposals that significantly expand the
capabilities of emerging research
institutions (ERIs) in partnership with
industry, other research universities,
and national laboratories.
This NOI is provided to allow
potential applicants sufficient time to
develop meaningful collaborations and
responsive proposals. CHIPS R&D
intends to announce the competition by
posting the NOFO on Grants.gov
(https://www.grants.gov) in the fourth
quarter of calendar year 2024. CHIPS
R&D will refine program structure, cost,
and other program details in the
upcoming NOFO. In the event of
inconsistencies between the NOI and
the NOFO, the NOFO shall govern and
control. More information about the
expected NOFO will be made available
on the CHIPS for America website at
https://www.nist.gov/chips/chips-rdfunding-opportunities.
Background. Accelerated discovery,
design and validation of new materials
promises critical benefits to the future of
the global semiconductor industry.1 2 In
its 2023 Microelectronics and Advanced
Packaging Technologies Roadmap
(‘‘Roadmap’’), the Semiconductor
Research Corporation indicated a
demand for innovative semiconductor
materials and chemistries. The
Roadmap stated that ‘‘tools
encompassing co-optimization of
performance metrics and
environmental, health, and safety
metrics will help accelerate the
1 Semiconductor Research Corporation, ‘‘MAPT
Microelectronics and Advanced Packaging
Technologies Roadmap’’, 2023. Available online at:
https://srcmapt.org/wp-content/uploads/2024/03/
SRC–MAPT-Roadmap-2023-v4.pdf.
2 AI Aspirations: AI for Sustainable Materials,
White House Office of Science and Technology
Policy, 2024. Available online at: https://ai.gov/
aspirations/.
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]]>Agencies
[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Notices]
[Pages 80204-80210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22591]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-863, C-122-872, C-201-864, C-552-844]
Certain Corrosion-Resistant Steel Products From Brazil, Canada,
Mexico, and the Socialist Republic of Vietnam: Initiation of
Countervailing Duty Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable September 25, 2024.
FOR FURTHER INFORMATION CONTACT: Paul Senoyuit and Sofia Pedrelli at
202-482-6106 and 202-482-4310 (Brazil), Colin Thrasher at 202-482-3004
(Canada), Maria Teresa Aymerich at 202-482-0499 (Mexico), and Mary
Kolberg at 202-482-1785 (the Socialist Republic of Vietnam (Vietnam)),
AD/CVD Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On September 5, 2024, the U.S. Department of Commerce (Commerce)
received countervailing duty (CVD) petitions concerning imports of
certain corrosion-resistant steel products (CORE) from Brazil, Canada,
Mexico, and Vietnam filed in proper form on behalf of Steel Dynamics,
Inc. (SDI), Nucor Corporation (Nucor), United States Steel Corporation
(U.S. Steel), Wheeling-Nippon Steel, Inc. (Wheeling-Nippon), and the
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union, AFL-CIO, CLC (the
USW), domestic producers of CORE and a certified union, which
represents workers engaged in the production of CORE in the United
States (collectively, the petitioners).\1\ The CVD petitions were
accompanied by antidumping duty (AD) petitions concerning imports of
CORE from Australia, Brazil, Canada, Mexico, the Netherlands, South
Africa, Taiwan, the Republic of T[uuml]rkiye, the United Arab Emirates,
and Vietnam.\2\
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\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated September 5, 2024
(the Petitions). Nucor is not a petitioner with respect to the AD/
CVD petitions on CORE from Mexico. U.S. Steel, Wheeling-Nippon, and
the USW are not petitioners with respect to the AD/CVD petitions on
CORE from Canada.
\2\ Id.
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Between September 9 and 19, Commerce requested supplemental
information pertaining to certain aspects of the Petitions.\3\ Between
September 12 and 20, 2024, the petitioners filed timely responses to
these requests for additional information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
September 9, 2024 (General Issues Questionnaire), see also Country-
Specific CVD Supplemental Questionnaires: Brazil Supplemental,
Canada Supplemental, Mexico Supplemental, and Vietnam Supplemental,
dated September 10 and 11, 2024; Commerce's Letter, ``Second
Supplemental Questions,'' dated September 16, 2024 (Second General
Issues Questionnaire); and Memorandum, ``Phone Call,'' dated
September 19, 2024.
\4\ See Petitioners' Letters, ``Response to General Issues
Questionnaire and Amendment to Volume I of Petitions,'' dated
September 12, 2024 (First General Issues Supplement); see also
Petitioners' Country-Specific CVD Supplemental Responses: Brazil CVD
Supplement, Canada CVD Supplement, Mexico CVD Supplement, and
Vietnam CVD Supplement, dated September 13 and 16, 2024;
Petitioners' Letter, ``Petitioners' Response to Second General
Issues Supplemental Questionnaire and Amendment to Volume I of
Petitions,'' dated September 18, 2024 (Second General Issues
Supplement); and Petitioners' Letter, ``Response to Third General
Issues Questionnaire and Amendment to Volume I of Petitions,'' dated
September 20, 2024 (Third General Issues Supplement).
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In accordance with section 702(b)(1) of the Tariff Act of 1930, as
amended
[[Page 80205]]
(the Act), the petitioners allege that the Government of Brazil (GOB),
the Government of Canada (GOC), the Government of Mexico (GOM), and the
Government of Vietnam (GOV) (collectively, Governments) are providing
countervailable subsidies, within the meaning of sections 701 and
771(5) of the Act, to producers of CORE from Brazil, Canada, Mexico,
and Vietnam, and that such imports are materially injuring, or
threatening material injury to, the domestic industry producing CORE in
the United States. Consistent with section 702(b)(1) of the Act and 19
CFR 351.202(b), for those alleged programs on which we are initiating
CVD investigations, the Petitions were accompanied by information
reasonably available to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry because the petitioners are interested
parties, as defined in sections 771(9)(C) and (D) of the Act.\5\
Commerce also finds that the petitioners demonstrated sufficient
industry support with respect to the initiation of the requested CVD
investigations.\6\
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\5\ SDI, Nucor, U.S. Steel, and Wheeling-Nippon are interested
parties under section 771(9)(C) of the Act, while the USW is an
interested party under section 771(9)(D) of the Act.
\6\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation
Because the Petitions were filed on September 5, 2024, the periods
of investigation for the Brazil, Canada, Mexico, and Vietnam CVD
investigations are January 1, 2023, through December 31, 2023.\7\
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\7\ See 19 CFR 351.204(b)(2).
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Scope of the Investigations
The merchandise covered by these investigations is CORE from
Brazil, Canada, Mexico, and Vietnam. For a full description of the
scope of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On September 9 and 16, 2024, Commerce requested information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\8\ On September 12 and 18, 2024, the petitioners provided
clarifications and revised the scope.\9\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
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\8\ See General Issues Questionnaire; see also Second General
Issues Questionnaire.
\9\ See First General Issues Supplement at 7-9 and Exhibit Supp.
I-55; see also Second General Issues Supplement at 2-3 and Exhibit
2nd Supp I-7.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\10\ Commerce will consider all comments
received from interested parties and, if necessary, will consult with
interested parties prior to the issuance of the preliminary
determinations. If scope comments include factual information, all such
factual information should be limited to public information.\11\ To
facilitate preparation of its questionnaires, Commerce requests that
scope comments be submitted by 5:00 p.m. Eastern Time (ET) on October
15, 2024, which is 20 calendar days from the signature date of this
notice.\12\ Any rebuttal comments, which may include factual
information, must be filed by 5:00 p.m. ET on October 25, 2024, which
is 10 calendar days from the initial comment deadline.
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\10\ See Antidumping Duties; Countervailing Duties; Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\11\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\12\ See 19 CFR 351.303(b)(1).
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during that time period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\13\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\13\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Consultations
Pursuant to sections 702(b)(4)(A)(i) and (ii) of the Act, Commerce
notified the Governments of the receipt of the Petitions and provided
an opportunity for consultations with respect to the Petitions.\14\
Commerce held consultations with the GOB on September 23, 2024,\15\ the
GOC on September 19, 2024,\16\ the GOM on September 20, 2024,\17\ and
the GOV on September 19, 2024.\18\
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\14\ See Commerce's Letters, ``Invitation for Consultation to
Discuss the Countervailing Duty Petition,'' dated September 5, 2024,
and September 6, 2024.
\15\ See Memorandum, ``Consultations with the Government of
Brazil,'' dated September 23, 2024.
\16\ See Memorandum, ``Consultations with Officials from the
Government of Canada,'' dated September 19, 2024 (GOC Consultations
Memorandum). In addition, on September 24, 2024, Commerce met via
video conference with officials from the GOC (at their request) to
further discuss the issues raised during the September 19, 2024,
consultations. See Memorandum, ``Petition for the Imposition of
Countervailing Duties on Imports of Certain Corrosion-Resistant
Steel Products from Canada: Videoconference with Embassy of
Canada,'' dated September 24, 2024.
\17\ See Memorandum, ``Consultations with Officials from the
Government of Mexico,'' dated September 23, 2024.
\18\ See Memorandum, ``Consultations with the Government of
Vietnam,'' dated September 19, 2024.
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Determination of Industry Support for the Petitions
Section 702(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 702(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 702(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus,
[[Page 80206]]
to determine whether a petition has the requisite industry support, the
statute directs Commerce to look to producers and workers who produce
the domestic like product. The U.S. International Trade Commission
(ITC), which is responsible for determining whether ``the domestic
industry'' has been injured, must also determine what constitutes a
domestic like product in order to define the industry. While both
Commerce and the ITC apply the same statutory definition regarding the
domestic like product,\19\ they do so for different purposes and
pursuant to a separate and distinct authority. In addition, Commerce's
determination is subject to limitations of time and information.
Although this may result in different definitions of the like product,
such differences do not render the decision of either agency contrary
to law.\20\
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\19\ See section 771(10) of the Act.
\20\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\21\ Based on our analysis of the information
submitted on the record, we have determined that CORE, as defined in
the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\22\
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\21\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Countervailing Duty Investigation Initiation
Checklists: Certain Corrosion-Resistant Steel Products from Brazil,
Canada, Mexico, and the Socialist Republic of Vietnam,'' dated
concurrently with, and hereby adopted by, this notice (Country-
Specific CVD Initiation Checklists), at Attachment II, Analysis of
Industry Support for the Antidumping and Countervailing Duty
Petitions Covering Certain Corrosion-Resistant Steel Products from
Australia, Brazil, Canada, Mexico, the Netherlands, South Africa,
Taiwan, the Republic of T[uuml]rkiye, the United Arab Emirates, and
the Socialist Republic of Vietnam (Attachment II). These checklists
are on file electronically via ACCESS.
\22\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
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In determining whether the petitioners have standing under section
702(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
the 2023 total shipments of the domestic like product for the U.S.
producers and workers that support the Petitions and compared this to
the estimated total 2023 shipments of the domestic like product for the
entire domestic industry.\23\ The petitioners estimated total shipments
of the domestic like product for the entire domestic industry based on
shipment data from the American Iron and Steel Institute and made
certain adjustments to these data to approximate total shipments of the
domestic like product in 2023.\24\ Because total industry production
data for the domestic like product for 2023 are not reasonably
available to the petitioners, and the petitioners have established that
shipments are a reasonable proxy for production data,\25\ we have
relied on the data provided by the petitioners for purposes of
measuring industry support.\26\
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\23\ Id.
\24\ Id.
\25\ Id.
\26\ Id.
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On September 18, 2024, we received timely filed comments on
industry support from Stelco, Inc. (Stelco), a Canadian producer/
exporter of CORE.\27\ On September 18, 2024, we also received timely
filed comments on industry support from ArcelorMittal Dofasco G.P.
(Dofasco), a Canadian producer and exporter of CORE.\28\ Also on
September 18, 2024, we received timely filed comments on industry
support from Ternium USA and Ternium Mexico S.A. de C.V. (collectively,
Ternium), a U.S. producer and importer of CORE and a Mexican producer/
exporter of CORE, respectively.\29\ In its September 18, 2024,
submission, Ternium stated that it opposed the Mexico CVD Petition.\30\
On September 18, 2024, we also received timely filed comments on
industry support from the GOC and the Government of Ontario
(collectively).\31\ In addition, in the GOC raised industry support
concerns during the September 19, 2024, consultations with respect to
the Canada CVD Petition.\32\ On September 20, 2024, the petitioners
responded to the comments from Stelco, GOC, Dofasco, and Ternium in
timely filed rebuttal submissions.\33\ On September 20, 2024, Stelco,
Dofasco, and Ternium submitted additional comments.\34\ On September
24, 2024, Ternium submitted additional comments and provided its 2023
shipments and production.\35\
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\27\ See Stelco's Letter, ``Comments on Industry Support for the
Petitions and Request for Polling,'' dated September 18, 2024.
\28\ See Dofasco's Letter, ``Comments on Industry Support and
Request for Industry Polling,'' dated September 18, 2024.
\29\ See Ternium's Letters, ``Comments on Petitioners'
Standing,'' dated September 18, 2024 (Ternium Letter I), and ``Entry
of Appearance,'' dated September 13, 2024.
\30\ See Ternium Letter I at 3.
\31\ See GOC and Government of Ontario's Letter, ``Industry
Support Comments,'' dated September 18, 2024.
\32\ See GOC Consultations Memorandum; see also GOC's Letter,
``Government of Canada's Consultations Materials,'' dated September
20, 2024.
\33\ See Petitioners' Letters, ``Response to Comments on
Industry Support and Request for Polling,'' dated September 20, 2024
(Petitioners' Response I), ``Response to Comments on Industry
Support,'' dated September 20, 2024 (Petitioners' Response II), and
``Response to Comments on Petitioners' Standing,'' dated September
20, 2024 (Petitioners' Response III).
\34\ See Stelco's Letter, ``Rebuttal Comments on Industry
Support for the Petitions and Request for Polling,'' dated September
20, 2024; see also Dofasco's Letter, ``Rebuttal Comments to
Petitioners' Response to the Second General Issues Questionnaire and
Amendment to Volume I of Petitions,'' dated September 20, 2024.
\35\ See Ternium's Letter, ``Ternium's Third Comments on
Petitioners' Standing,'' dated September 24, 2024.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, Second General Issues Supplement, the Third General
Issues Supplement, Petitioners' Response I, Petitioners' Response II,
Petitioners' Response III, and other information readily available to
Commerce indicates that the petitioners have established industry
support for the Petitions.\36\ With respect to the Brazil, Mexico, and
Vietnam CVD Petitions, we determine that the domestic producers and
workers that support the Brazil, Mexico, and Vietnam CVD Petitions
account for more than 50 percent of the total production of the
domestic like product and, as such, Commerce is not required to take
further action to evaluate industry support (e.g., polling).\37\
Second, the domestic producers and workers have met the statutory
criteria for industry support under section 702(c)(4)(A)(i) of the Act
because the domestic producers and workers who support the Brazil,
Mexico, and Vietnam CVD Petitions account for at least 25 percent of
the total production of the
[[Page 80207]]
domestic like product.\38\ Finally, the domestic producers and workers
have met the statutory criteria for industry support under section
702(c)(4)(A)(ii) of the Act because the domestic producers and workers
who support the Brazil, Mexico, and Vietnam CVD Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\39\ Accordingly, Commerce determines that
the Brazil, Mexico, and Vietnam CVD Petitions were filed on behalf of
the domestic industry within the meaning of section 702(b)(1) of the
Act.\40\
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\36\ For further discussion, see Attachment II of the Country-
Specific CVD Initiation Checklists.
\37\ Id.; see also section 702(c)(4)(D) of the Act.
\38\ See Attachment II of the Country-Specific CVD Initiation
Checklists.
\39\ Id.
\40\ Id.
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With respect to the Canada CVD Petition, based on information
provided in the Petition and supplemental responses thereto, we
determine that the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(i)
of the Act, because the domestic producers (or workers) who support the
Canada CVD Petition account for at least 25 percent of the total
production of the domestic like product.\41\ Because the Canada CVD
Petition and supplemental submissions did not establish support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product, Commerce was
required to take further action in order to evaluate industry
support.\42\ In this case, Commerce was able to rely on other
information, in accordance with section 702(c)(4)(D)(i) of the Act, to
determine industry support.\43\ Based on information provided in the
Petitions, supplemental responses, and other information readily
available to Commerce, the domestic producers (or workers) have met the
statutory criteria for industry support under section 702(c)(4)(A)(ii)
of the Act because the domestic producers (or workers) who support the
Canada CVD Petition account for more than 50 percent of the production
of the domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Canada CVD Petition.\44\
Accordingly, Commerce determines that the Canada CVD Petition was filed
on behalf of the domestic industry within the meaning of section
702(b)(1) of the Act.\45\
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\41\ See Attachment II of the Canada CVD Initiation Checklist.
\42\ Id.; see also section 702(c)(4)(D) of the Act.
\43\ See Attachment II of the Canada CVD Initiation Checklist.
\44\ Id.
\45\ Id.
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Injury Test
Because Brazil, Canada, Mexico, and Vietnam are ``Subsidies
Agreement Countries'' within the meaning of section 701(b) of the Act,
section 701(a)(2) of the Act applies to these investigations.
Accordingly, the ITC must determine whether imports of the subject
merchandise from Brazil, Canada, Mexico, and/or Vietnam materially
injure, or threaten material injury to, a U.S. industry.
Allegations and Evidence of Material Injury and Causation
The petitioners allege that imports of the subject merchandise are
benefiting from countervailable subsidies and that such imports are
causing, or threaten to cause, material injury to the U.S. industry
producing the domestic like product. In addition, the petitioners
allege that subject imports from Brazil, Canada, Mexico, and Vietnam
individually exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\46\
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\46\ For further information regarding negligibility and the
injury allegation, see Country-Specific CVD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Certain Corrosion-Resistant Steel Products from
Australia, Brazil, Canada, Mexico, the Netherlands, South Africa,
Taiwan, the Republic of T[uuml]rkiye, the United Arab Emirates, and
the Socialist Republic of Vietnam (Attachment III).
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The petitioners contend that the industry's injured condition is
illustrated by the significant volume of subject imports; reduced
market share; underselling and price depression and/or suppression; and
low and declining capacity utilization; and declines in U.S. commercial
shipment values, net sales values, operating income, and net
income.\47\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation,
cumulation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence and meet the
statutory requirements for initiation.\48\
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\47\ Id.
\48\ Id.
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Initiation of CVD Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 702 of
the Act. Therefore, we are initiating CVD investigations to determine
whether imports of CORE from Brazil, Canada, Mexico, and Vietnam
benefit from countervailable subsidies conferred by the GOB, GOC, GOM,
and the GOV, respectively. In accordance with section 703(b)(1) of the
Act and 19 CFR 351.205(b)(1), unless postponed, we will make our
preliminary determinations no later than 65 days after the date of
these initiations.
Brazil
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all 16 of the
programs alleged by the petitioners. For a full discussion of the basis
for our decision to initiate on each program, see the Brazil CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Canada
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 27 of the 28
programs alleged by the petitioners. For a full discussion of the basis
for our decision to initiate on each program, see the Canada CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Mexico
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on 15 of the 16
programs alleged by the petitioners. For a full discussion of the basis
for our decision to initiate on each program, see the Mexico CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Vietnam
Based on our review of the Petitions, we find that there is
sufficient information to initiate a CVD investigation on all 26 of the
programs alleged by the petitioners. For a full discussion of the basis
for our decision to initiate on each program, see the Vietnam CVD
Initiation Checklist. A public version of the initiation checklist for
this investigation is available on ACCESS.
Respondent Selection
Brazil, Canada, and Mexico
In the Petitions, the petitioners identified eight companies in
Brazil, five companies in Canada, and six companies in Mexico as
producers and/
[[Page 80208]]
or exporters of CORE.\49\ Commerce intends to follow its standard
practice in CVD investigations and calculate company-specific subsidy
rates in these investigations. Following standard practice in CVD
investigations, in the event Commerce determines that the number of
exporters or producers is large such that Commerce cannot individually
examine each company based on its resources, Commerce intends to select
mandatory respondents based on U.S. Customs and Border Protection (CBP)
entry data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States (HTSUS) subheading(s) listed in the
``Scope of the Investigations,'' in the appendix.
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\49\ See Petitions at Volume I (page 28 and Exhibits I-10
through I-12); see also First General Issues Supplement at 7 and
Exhibit Supp. I-18.
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On September 23, 2024, Commerce released CBP data on imports of
CORE from Brazil, Canada, and Mexico under administrative protective
order (APO) to all parties with access to information protected by APO
and indicated that interested parties wishing to comment on CBP data
and/or respondent selection must do so within three business days of
the publication date of the notice of initiation of these
investigations.\50\ Comments must be filed electronically using ACCESS.
An electronically-filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
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\50\ See Country-Specific Memoranda, ``Release of U.S. Customs
and Border Protection Entry Data,'' dated September 23, 2024.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Vietnam
In the Petitions, the petitioners identified 17 companies in
Vietnam as producers and/or exporters of CORE.\51\ Commerce intends to
follow its standard practice in CVD investigations and calculate
company-specific subsidy rates in these investigations. In the event
that Commerce determines that the number of known producers/exporters
is large, and it cannot individually examine each company based upon
Commerce's resources, Commerce intends to select mandatory respondents
based on quantity and value (Q&V) questionnaires issued to the
potential respondents. Commerce normally selects mandatory respondents
in CVD investigations using U.S. Customs and Border Protection (CBP)
entry data for U.S. imports under the appropriate Harmonized Tariff
Schedule of the United States (HTSUS) subheadings listed in the ``Scope
of the Investigations'' in the appendix. However, for the Vietnam CVD
investigation, due to Commerce's determinations that certain imports of
CORE from Vietnam are circumventing the CVD orders on CORE from the
People's Republic of China \52\ and the Republic of Korea,\53\ we
cannot rely on CBP data in selecting respondents. Accordingly, for
Vietnam, Commerce will send Q&V questionnaires to each producer and/or
exporter for which there is complete address information on the record.
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\51\ See Petitions at Volume I (page 28 and Exhibit I-18).
\52\ See Certain Corrosion-Resistant Steel Products from the
People's Republic of China: Affirmative Final Determination of
Circumvention of the Antidumping and Countervailing Duty Orders, 83
FR 23895 (May 23, 2018).
\53\ See Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Affirmative Final Determinations of Anti-
Circumvention Inquiries on the Antidumping Duty and Countervailing
Duty Orders, 84 FR 70948 (December 26, 2019); see also Certain
Corrosion-Resistant Steel Products from the Republic of Korea:
Correction to Affirmative Final Determinations of Anti-Circumvention
Inquiries on the Antidumping Duty and Countervailing Duty Orders, 85
FR 882 (January 8, 2020).
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Commerce will also post the Q&V questionnaire along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Exporters/producers of CORE from Vietnam that do
not receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Commerce's website. Responses to the Q&V questionnaire must be
submitted by the relevant producers/exporters no later than 5:00 p.m.
on October 9, 2024, which is two weeks from the signature date of this
notice. An electronically filed document must be received successfully,
in its entirety, by ACCESS no later than 5:00 p.m. ET on the deadline
noted above.
Distribution of Copies of the Petitions
In accordance with section 702(b)(4)(A) of the Act and 19 CFR
351.202(f), a copy of the public version of the Petitions has been
provided to the GOB, GOC, GOM, and GOV via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the Petitions to each exporter named in the Petitions, as provided
under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 702(d) of the Act.
Preliminary Determination by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of CORE from Brazil, Canada, Mexico, and/or
Vietnam are materially injuring, or threatening material injury to, a
U.S. industry.\54\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\55\ Otherwise, these CVD investigations will proceed according
to statutory and regulatory time limits.
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\54\ See section 703(a)(1) of the Act.
\55\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors of production under 19 CFR 351.408(c) or
to measure the adequacy of remuneration under 19 CFR 351.511(a)(2);
(iv) evidence placed on the record by Commerce; and (v) evidence other
than factual information described in (i)-(iv). Section 351.301(b) of
Commerce's regulations requires any party, when submitting factual
information, to specify under which subsection of 19 CFR 351.102(b)(21)
the information is being submitted \56\ and, if the information is
submitted to rebut, clarify, or correct factual information already on
the record, to provide an explanation identifying the information
already on the record that the factual information seeks to rebut,
clarify, or correct.\57\ Time limits for the submission of factual
information are addressed in 19 CFR 351.301, which provides specific
time limits based on the type of factual information being submitted.
Interested parties should review the regulations prior to submitting
factual information in these investigations.
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\56\ See 19 CFR 351.301(b).
\57\ See 19 CFR 351.301(b)(2).
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Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
[[Page 80209]]
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\58\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\59\
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\58\ See 19 CFR 351.302.
\59\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\60\
Parties must use the certification formats provided in 19 CFR
351.303(g).\61\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\60\ See section 782(b) of the Act.
\61\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule); see also
frequently asked questions regarding the Final Rule, available at
https://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letters of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\62\
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\62\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 702 and
777(i) of the Act, and 19 CFR 351.203(c).
Dated: September 25, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigations
The products covered by these investigations are certain flat-
rolled steel products, either clad, plated, or coated with
corrosion-resistant metals such as zinc, aluminum, or zinc-,
aluminum-, nickel- or iron-based alloys, whether or not corrugated
or painted, varnished, laminated, or coated with plastics or other
non-metallic substances in addition to the metallic coating. The
products covered include coils that have a width of 12.7 mm or
greater, regardless of form of coil (e.g., in successively
superimposed layers, spirally oscillating, etc.). The products
covered also include products not in coils (e.g., in straight
lengths) of a thickness less than 4.75 mm and a width that is 12.7
mm or greater and that measures at least 10 times the thickness. The
products covered also include products not in coils (e.g., in
straight lengths) of a thickness of 4.75 mm or more and a width
exceeding 150 mm and measuring at least twice the thickness. The
products described above may be rectangular, square, circular, or
other shape and include products of either rectangular or non-
rectangular cross-section where such cross-section is achieved
subsequent to the rolling process, i.e., products which have been
``worked after rolling'' (e.g., products which have been beveled or
rounded at the edges).
For purposes of the width and thickness requirements referenced
above:
(1) Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above, and
(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of these investigations are
products in which: (1) iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is 2
percent or less, by weight.
Subject merchandise also includes corrosion-resistant steel that
has been further processed in a third country, including but not
limited to annealing, tempering, painting, varnishing, trimming,
cutting, punching and/or slitting or any other processing that would
not otherwise remove the merchandise from the scope of the
investigations if performed in the country of manufacture of the in-
scope corrosion resistant steel.
All products that meet the written physical description are
within the scope of these investigations unless specifically
excluded. The following products are outside of and/or specifically
excluded from the scope of these investigations:
Flat-rolled steel products either plated or coated with
tin, lead, chromium, chromium oxides, both tin and lead (``terne
plate'') or both chromium and chromium oxides (``tin free steel''),
whether or not painted, varnished or coated with plastics or other
non-metallic substances in addition to the metallic coating;
Clad products in straight lengths of 4.7625 mm or more
in composite thickness and of a width which exceeds 150 mm and
measures at least twice the thickness;
Certain clad stainless flat-rolled products, which are
three-layered corrosion-resistant carbon steel flat-rolled products
less than 4.75 mm in composite thickness that consist of a carbon
steel flat-rolled product clad on both sides with stainless steel in
a 20%-60%-20% ratio; and
Also excluded from the scope of the antidumping duty
investigation on corrosion resistant steel from Taiwan are any
products covered by the existing antidumping duty order on
corrosion-resistant steel from Taiwan. See Certain Corrosion-
Resistant Steel Products from India, Italy, the People's Republic of
China, the Republic of Korea and Taiwan: Amended Final Affirmative
Antidumping Determination for India and Taiwan, and Antidumping Duty
Orders, 81FR 48390 (July 25, 2016); Corrosion-Resistant Steel
Products from Taiwan: Notice of Third Amended Final Determination of
Sales at Less Than Fair Value Pursuant to Court Decision and Partial
Exclusion from Antidumping Duty Order, 88 FR 58245 (August 25,
2023).
Also excluded from the scope of the antidumping duty
investigation on corrosion-resistant steel from the United Arab
Emirates and the antidumping duty and countervailing duty
investigations on corrosion-resistant steel from the Socialist
Republic of Vietnam are any products covered by the existing
antidumping and countervailing duty orders on corrosion-resistant
steel from the People's Republic of China and the Republic of Korea
and the antidumping duty order on corrosion-resistant steel from
Taiwan. See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016); see also Certain Corrosion-Resistant Steel Products from
India, Italy, Republic of Korea and the People's Republic of China:
Countervailing Duty Order, 81 FR 48387 (July 25, 2016). This
exclusion does not apply to imports of corrosion-resistant steel
that are entered, or withdrawn from warehouse, for consumption in
the United States for which the relevant importer and
[[Page 80210]]
exporter certifications have been completed and maintained and all
other applicable certification requirements have been met such that
the entry is entered into the United States as not subject to the
antidumping and countervailing duty orders on corrosion-resistant
steel from the People's Republic of China, the antidumping and
countervailing duty orders on corrosion-resistant steel from the
Republic of Korea, or the antidumping duty order on corrosion-
resistant steel from Taiwan.
The products subject to the investigations are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030, 7210.49.0040, 7210.49.0045,
7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000,
7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.6000,
7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7212.60.0000, 7225.91.0000, 7225.92.0000,
7226.99.0110, and 7226.99.0130.
The products subject to the investigations may also enter under
the following HTSUS item numbers: 7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530,
7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.99.0090, 7226.99.0180, 7228.60.6000,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigations is dispositive.
[FR Doc. 2024-22591 Filed 10-1-24; 8:45 am]
BILLING CODE 3510-DS-P
