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: Initiation of Less-Than-Fair-Value Investigations, 80196-80204 [2024-22592]
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commercially unavailable fabrics, yarns,
and fibers in Annex 3–B of the
Agreement.
Chapter 3, Article 3.3, paragraph 7 of
the Agreement requires that the
President ‘‘promptly’’ publish
procedures for parties to exercise the
right to make these requests. Section
203(o)(4) of the Act authorizes the
President to establish procedures to
modify the list of fabrics, yarns, or fibers
not available in commercial quantities
in a timely manner in either the United
States or Colombia as set out in Annex
3–B of the Agreement. The President
delegated the responsibility for
publishing the procedures and
administering commercial availability
requests to the Committee for the
Implementation of Textile Agreements
(‘‘CITA’’), which issues procedures and
acts on requests through the U.S.
Department of Commerce, Office of
Textiles and Apparel (‘‘OTEXA’’) (See
Proclamation No. 8818, 77 FR 29519,
May 18, 2012).
The intent of the U.S.-Colombia TPA
Commercial Availability Procedures is
to foster the use of U.S. and regional
products by implementing procedures
that allow products to be placed on or
removed from a product list, on a timely
basis, and in a manner that is consistent
with normal business practice. The
procedures are intended to facilitate the
transmission of requests; allow the
market to indicate the availability of the
supply of products that are the subject
of requests; make available promptly, to
interested entities and the public,
information regarding the requests for
products and offers received for those
products; ensure wide participation by
interested entities and parties; allow for
careful review and consideration of
information provided to substantiate
requests, responses and rebuttals; and
provide timely public dissemination of
information used by CITA in making
commercial availability determinations.
CITA must collect certain information
about fabric, yarn, or fiber technical
specifications and the production
capabilities of Colombian and U.S.
textile producers to determine whether
certain fabrics, yarns, or fibers are
available in commercial quantities in a
timely manner in the United States or
Colombia, subject to Section 203(o) of
the Act.
II. Method of Collection
Participants in a commercial
availability proceeding must submit
public versions of their Requests,
Responses or Rebuttals electronically
(via email) for posting on OTEXA’s
website. Confidential versions of those
submissions which contain business
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confidential information must be
delivered in hard copy to the Office of
Textiles and Apparel (OTEXA) at the
U.S. Department of Commerce.
DEPARTMENT OF COMMERCE
III. Data
[A–602–812, A–351–862, A–122–871, A–201–
863, A–421–818, A–791–829, A–583–878, A–
489–855, A–520–811, A–552–843]
OMB Control Number: 0625–0272.
Form Number(s): None.
Type of Review: Regular submission.
Affected Public: Business or for-profit
organizations.
Estimated Number of Respondents:
16.
Estimated Time per Response: 8 hours
per Request, 2 hours per Response, and
1 hour per Rebuttal.
Estimated Total Annual Burden
Hours: 89.
Estimated Total Annual Cost to
Public: $5,340.
Respondent’s Obligation: Voluntary.
Legal Authority: Title II, Section
203(o) of the United States-Colombia
Trade Promotion Agreement
Implementation Act (Pub. L. 112–42).
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Departmental PRA Clearance Officer, Office
of the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2024–22689 Filed 10–1–24; 8:45 am]
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International Trade Administration
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:
Initiation of Less-Than-Fair-Value
Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable September 25, 2024.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor at (202) 482–5831
(Australia and Canada), Nathan Araya at
(202) 482–3401 (Brazil), William Horn
at (202) 482–4868 (Mexico), Kabir
Archuletta at (202) 482–2593 (the
Netherlands), Jacob Saude at (202) 482–
0981 (South Africa), Fred Baker and
Monique Cummings at (202) 482–2924
and (202) 482–3996, respectively
(Taiwan), Brittany Bauer at (202) 482–
3860 (the Republic of Türkiye
(Türkiye)), Toni Page at (202) 482–1398
(the United Arab Emirates (UAE)), and
Jacob Waddell at (202) 482–1369 (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 antidumping duty (AD)
petitions concerning imports of certain
corrosion-resistant steel products
(CORE) from Australia, Brazil, Canada,
Mexico, the Netherlands, South Africa,
Taiwan, Türkiye, the UAE, 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,
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the petitioners).1 The AD Petitions were
accompanied by countervailing duty
(CVD) petitions concerning imports of
CORE from Brazil, Canada, Mexico, and
Vietnam.2
Between September 9 and 19, 2024,
Commerce requested supplemental
information pertaining to certain aspects
of the Petitions in supplemental
questionnaires.3 The petitioners
responded to Commerce’s supplemental
questionnaires between September 12
and 20, 2024.4
In accordance with section 732(b) of
the Tariff Act of 1930, as amended (the
Act), the petitioners allege that imports
of CORE from Australia, Brazil, Canada,
Mexico, the Netherlands, South Africa,
Taiwan, Türkiye, the UAE, and Vietnam
are being, or are likely to be, sold in the
United States at less than fair value
(LTFV) within the meaning of section
731 of the Act, and that imports of such
products are materially injuring, or
threatening material injury to, the CORE
industry in the United States. Consistent
with section 732(b)(1) of the Act, the
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 AD
Supplemental Questionnaires: Australia
Supplemental, Brazil Supplemental, Canada
Supplemental, Mexico Supplemental, the
Netherlands Supplemental, South Africa
Supplemental, Taiwan Supplemental, Türkiye
Supplemental, UAE Supplemental, and Vietnam
Supplemental, dated September 9, 2024;
Commerce’s Letter, ‘‘Second Supplemental
Questions,’’ dated September 16, 2024 (Second
General Issues Questionnaire); Second CountrySpecific AD Supplemental Questionnaires: the
Netherlands Second Supplemental and Vietnam
Second Supplemental, dated September 17, 2024;
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 CountrySpecific AD Supplemental Responses: Australia AD
Supplement, Brazil AD Supplement, Canada AD
Supplement, Mexico AD Supplement, the
Netherlands AD Supplement, South Africa AD
Supplement, Taiwan AD Supplement, Türkiye AD
Supplement, UAE AD Supplement, and Vietnam
AD Supplement, dated September 12, 2024;
Petitioners’ Letter, ‘‘Petitioner’s Response to Second
General Issues Supplemental Questionnaire and
Amendment to Volume I of Petitions,’’ dated
September 18, 2024 (Second General Issues
Supplement); Country-Specific AD Supplemental
Responses: Second Netherlands AD Supplement
and Second Vietnam AD Supplement, dated
September 18, 2024; 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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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 for the initiation of the
requested LTFV investigations.6
Periods of Investigation
Because the Petitions were filed on
September 5, 2024, pursuant to 19 CFR
351.204(b)(1), the period of
investigation (POI) for Australia, Brazil,
Canada, Mexico, the Netherlands, South
Africa, Taiwan, Türkiye, and the UAE
LTFV investigations is July 1, 2023,
through June 30, 2024. Because Vietnam
is a non-market economy (NME)
country, pursuant to 19 CFR
351.204(b)(1), the POI for the Vietnam
LTFV investigation is January 1, 2024,
through June 30, 2024.
Scope of the Investigations
The product covered by these
investigations is CORE from Australia,
Brazil, Canada, Mexico, the
Netherlands, South Africa, Taiwan,
Türkiye, the UAE, 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.7 On September 12 and
18, 2024, the petitioners provided
clarifications and revised the scope.8
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
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 General Issues Questionnaire; see also
Second General Issues Questionnaire.
8 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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80197
(i.e., scope).9 Commerce will consider
all scope 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,10 all such
factual information should be limited to
public information. 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.11 Any
rebuttal comments, which may include
factual information, and should also be
limited to public 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 these
investigations be submitted during that
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 LTFV 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.12 An
electronically filed document must be
received successfully in its entirety by
the time and date it is due.
Comments on Product Characteristics
Commerce is providing interested
parties an opportunity to comment on
the appropriate physical characteristics
of CORE to be reported in response to
Commerce’s AD questionnaires. This
9 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble); see also 19 CFR 351.312.
10 See 19 CFR 351.102(b)(21) (defining ‘‘factual
information’’).
11 See 19 CFR 351.303(b)(1).
12 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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information will be used to identify the
key physical characteristics of the
subject merchandise in order to report
the relevant factors of production (FOP)
or cost of production (COP) accurately,
as well as to develop appropriate
product comparison criteria.
Interested parties may provide any
information or comments that they feel
are relevant to the development of an
accurate list of physical characteristics.
Specifically, they may provide
comments as to which characteristics
are appropriate to use as: (1) general
product characteristics; and (2) product
comparison criteria. We note that it is
not always appropriate to use all
product characteristics as product
comparison criteria. We base product
comparison criteria on meaningful
commercial differences among products.
In other words, although there may be
some physical product characteristics
utilized by manufacturers to describe
CORE, it may be that only a select few
product characteristics take into account
commercially meaningful physical
characteristics. In addition, interested
parties may comment on the order in
which the physical characteristics
should be used in matching products.
Generally, Commerce attempts to list
the most important physical
characteristics first and the least
important characteristics last.
In order to consider the suggestions of
interested parties in developing and
issuing the AD questionnaires, all
product characteristics comments must
be filed by 5:00 p.m. ET on October 15,
2024, which is 20 calendar days from
the signature date of this notice.13 Any
rebuttal comments must be filed by 5:00
p.m. ET on October 25, 2024, which is
10 calendar days from the initial
comment deadline. All comments and
submissions to Commerce must be filed
electronically using ACCESS, as
explained above, on the record of each
of the LTFV investigations.
Determination of Industry Support for
the Petitions
Section 732(b)(1) of the Act requires
that a petition be filed on behalf of the
domestic industry. Section 732(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 732(c)(4)(D)
13 See
19 CFR 351.303(b)(1).
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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,
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,14 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.15
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.16 Based on our analysis
14 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)).
16 For a discussion of the domestic like product
analysis as applied to these cases and information
regarding industry support, see Checklists,
‘‘Antidumping Duty Investigation Initiation
Checklists: 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,’’ dated
15 See
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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.17
In determining whether the
petitioners have standing under section
732(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.18 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 2023.19 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,20 we have relied on the
data provided by the petitioners for
purposes of measuring industry
support.21
On September 18, 2024, we received
timely filed comments on industry
support from several parties: Stelco, Inc.
(Stelco), a Canadian producer/exporter
of CORE; 22 ArcelorMittal Dofasco G.P.
(Dofasco), a Canadian producer and
exporter of CORE; 23 Ternium USA and
Ternium Mexico S.A. de C.V.
(collectively, Ternium), a U.S. producer
concurrently with, and hereby adopted by, this
notice (Country-Specific AD 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.
17 See Attachment II of the Country-Specific AD
Initiation Checklists.
18 Id.
19 Id.
20 Id.
21 Id.
22 See Stelco’s Letter, ‘‘Comments on Industry
Support for the Petitions and Request for Polling,’’
dated September 18, 2024.
23 See Dofasco’s Letter, ‘‘Comments on Industry
Support and Request for Industry Polling,’’ dated
September 18, 2024.
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and importer of CORE and a Mexican
producer/exporter of CORE,
respectively; 24 and Government of
Canada (GOC) and the Government of
Ontario (collectively).25 In its
September 18, 2024, submission,
Ternium stated that it opposed the
Mexico AD Petition.26 In addition, in
consultations held by Commerce
officials with representatives of the GOC
on September 19, 2024, regarding the
Canada CVD Petition, the GOC raised
industry support concerns relating to
both the CVD and AD Petitions.27 On
September 20, 2024, the petitioners
responded to the comments from Stelco,
GOC, Dofasco, and Ternium in timely
filed rebuttal submissions.28 Also on
September 20, 2024, Stelco, Dofasco,
and Ternium submitted additional
comments.29 On September 24, 2024,
Ternium submitted additional
comments and provided its 2023
shipments and production.30
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.31
With respect to the Australia, Brazil,
Mexico, Netherlands, South Africa,
Taiwan, Türkiye, UAE, and Vietnam AD
Petitions, we determine that the
domestic producers and workers that
24 See Ternium’s Letters, ‘‘Comments on
Petitioners’ Standing,’’ dated September 18, 2024
(Ternium Letter I), and ‘‘Entry of Appearance,’’
dated September 13, 2024.
25 See GOC and Government of Ontario’s Letter,
‘‘Industry Support Comments,’’ dated September
18, 2024.
26 See Ternium Letter I at 3.
27 See Memorandum, ‘‘Consultations with
Officials from the Government of Canada.,’’ dated
September 19, 2024; see also GOC’s Letter,
‘‘Government of Canada’s Consultations Materials,’’
dated September 20, 2024.
28 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).
29 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; and
Ternium’s Letter, ‘‘Ternium’s Second Comments on
Petitioners’ Standing,’’ dated September 20, 2024.
30 See Ternium’s Letter, ‘‘Ternium’s Third
Comments on Petitioners’ Standing,’’ dated
September 24, 2024.
31 For further discussion, see Attachment II of the
Country-Specific AD Initiation Checklists.
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support these AD 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).32
Second, the domestic producers and
workers have met the statutory criteria
for industry support under section
732(c)(4)(A)(i) of the Act because the
domestic producers and workers who
support the Australia, Brazil, Mexico,
Netherlands, South Africa, Taiwan,
Türkiye, UAE, and Vietnam AD
Petitions account for at least 25 percent
of the total production of the domestic
like product.33 Finally, the domestic
producers and workers have met the
statutory criteria for industry support
under section 732(c)(4)(A)(ii) of the Act
because the domestic producers and
workers who support the Australia,
Brazil, Mexico, Netherlands, South
Africa, Taiwan, Türkiye, UAE, and
Vietnam AD 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.34 Accordingly, Commerce
determines that the Australia, Brazil,
Mexico, Netherlands, South Africa,
Taiwan, Türkiye, UAE, and Vietnam AD
Petitions were filed on behalf of the
domestic industry within the meaning
of section 732(b)(1) of the Act.35
With respect to the Canada AD
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 732(c)(4)(A)(i) of
the Act, because the domestic producers
(or workers) who support the Canada
AD Petition account for at least 25
percent of the total production of the
domestic like product.36 Because the
Canada AD 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.37 In this case,
Commerce was able to rely on other
information, in accordance with section
732(c)(4)(D)(i) of the Act, to determine
32 Id.;
see also section 732(c)(4)(D) of the Act.
Attachment II of the Country-Specific AD
Initiation Checklists.
34 Id.
35 Id.
36 See Attachment II of the Canada AD Initiation
Checklist.
37 Id.; see also section 732(c)(4)(D) of the Act.
33 See
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industry support.38 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
732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who
support the Canada AD 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 AD Petition.39 Accordingly,
Commerce determines that the Canada
AD Petition was filed on behalf of the
domestic industry within the meaning
of section 732(b)(1) of the Act.40
Allegations and Evidence of Material
Injury and Causation
The petitioners allege that the U.S.
industry producing the domestic like
product is being materially injured, or is
threatened with material injury, by
reason of the imports of the subject
merchandise sold at LTFV. In addition,
with respect to Brazil, Canada, Mexico,
Taiwan, and Vietnam, the petitioners
allege that subject imports exceed the
negligibility threshold provided for
under section 771(24)(A) of the Act.41
With respect to Australia, the
Netherlands, South Africa, Türkiye, and
the UAE, while the allegedly dumped
imports from each of these countries do
not individually exceed the statutory
requirements for negligibility, the
petitioners provided data demonstrating
that the aggregate import share from
these five countries is 9.01 percent,
which exceeds the seven percent
threshold established by the exception
in section 771(24)(A)(ii) of the Act.42
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
38 See Attachment II of the Canada AD Initiation
Checklist.
39 Id.
40 Id.
41 For further information regarding negligibility
and the injury allegation, see Country-Specific AD
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).
42 See Attachment III of the Country-Specific AD
Initiation Checklists.
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income.43 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.44
Allegations of Sales at LTFV
The following is a description of the
allegations of sales at LTFV upon which
Commerce based its decision to initiate
LTFV investigations of imports of CORE
from Australia, Brazil, Canada, Mexico,
the Netherlands, South Africa, Taiwan,
Türkiye, the UAE, and Vietnam. The
sources of data for the deductions and
adjustments relating to U.S. price and
normal value (NV) are discussed in
greater detail in the Country-Specific
AD Initiation Checklists.
U.S. Price
For Australia, Brazil, Canada, Mexico,
the Netherlands, South Africa, Türkiye,
the UAE, and Vietnam, the petitioners
based export price (EP) on the POI
average unit values (AUVs) derived
from official U.S. import statistics for
imports of CORE produced in and
exported from each country.45 For
Taiwan, the petitioners based EP on a
transaction-specific AUV (i.e., monthand port-specific AUV) derived from
official import statistics and tied to ship
manifest data.46 For each country, the
petitioners made certain adjustments to
U.S. price to calculate a net ex-factory
U.S. price, where applicable.47
Normal Value 48
For Australia, Brazil, Canada, Mexico,
the Netherlands, Taiwan, Türkiye, and
the UAE, the petitioners based NV on
home market pricing information they
obtained for CORE produced in and
sold, or offered for sale, in the
respective countries during the
applicable time period.49 For Canada,
the Netherlands, and the UAE, the
petitioners provided information
indicating that the prices for CORE sold
or offered for sale in the respective
43 Id.
44 Id.
45 See
Country-Specific AD Initiation Checklists.
Taiwan AD Initiation Checklist.
47 See Country-Specific AD Initiation Checklists.
48 In accordance with section 773(b)(2) of the Act,
for the Australia, Brazil, Canada, Mexico, the
Netherlands, South Africa, Taiwan, Türkiye, and
the UAE investigations, Commerce will request
information necessary to calculate the constructed
value (CV) and COP to determine whether there are
reasonable grounds to believe or suspect that sales
of the foreign like product have been made at prices
that represent less than the COP of the product.
49 See Country-Specific AD Initiation Checklists.
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countries were below the COP.
Therefore, for Canada, the Netherlands,
and the UAE, the petitioners based NV
on constructed value (CV).50 For South
Africa, the petitioners stated that they
were unable to obtain home market or
third country pricing information for
CORE to use as a basis for NV.51
Therefore, for South Africa, the
petitioners calculated NV based on
CV.52 For further discussion of CV for
Canada, the Netherlands, South Africa,
and the UAE, see the section ‘‘Normal
Value Based on Constructed Value,’’
below.
Commerce considers Vietnam to be an
NME country.53 In accordance with
section 771(18)(C)(i) of the Act, any
determination that a foreign country is
an NME country shall remain in effect
until revoked by Commerce. Therefore,
we continue to treat Vietnam as an NME
country for purposes of the initiation of
the Vietnam LTFV investigation.
Accordingly, we base NV on FOPs
valued in a surrogate market economy
country in accordance with section
773(c) of the Act.
The petitioners claim that Morocco is
an appropriate surrogate country for
Vietnam because it is a market economy
that is at a level of economic
development comparable to that of
Vietnam and is a significant producer of
comparable merchandise.54 The
petitioners provided publicly available
information from Morocco to value all
FOPs.55 Based on the information
provided by the petitioners, we believe
it is appropriate to use Morocco as a
surrogate country for Vietnam to value
all FOPs for initiation purposes.
Interested parties will have the
opportunity to submit comments
regarding surrogate country selection
and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an
opportunity to submit publicly available
information to value FOPs within 30
days before the scheduled date of the
preliminary determination.
Factors of Production
Because information regarding the
volume of inputs consumed by
Vietnamese producers/exporters was
not reasonably available, the petitioners
used product-specific consumption
rates from a U.S. producer of CORE as
50 Id.
51 See
South Africa AD Initiation Checklist.
52 Id.
53 See, e.g., Raw Honey from the Socialist
Republic of Vietnam: Final Results of Antidumping
Duty Changed Circumstances Review, 89 FR 64411
(August 7, 2024), and accompanying NME Analysis
Memorandum at 5.
54 See Vietnam AD Initiation Checklist.
55 Id.
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a surrogate to value Vietnamese
manufacturers’ FOPs.56 Additionally,
the petitioners calculated factory
overhead, selling, general, and
administrative (SG&A) expenses, and
profit based on the experience of a
Moroccan producer of comparable
merchandise.57
Normal Value Based on Constructed
Value
As noted above for Canada, the
Netherlands, and the UAE, the
petitioners provided information
indicating that the prices for CORE sold
or offered for sale in the respective
countries were below the COP. Also as
noted above, for South Africa, the
petitioners stated that they were unable
to obtain home market or third-country
prices for CORE to use as a basis for NV.
Therefore, for Canada, the Netherlands,
South Africa, and the UAE, the
petitioners calculated NV based on
CV.58
Pursuant to section 773(e) of the Act,
the petitioners calculated CV as the sum
of the cost of manufacturing, SG&A
expenses, financial expenses, and
profit.59 For Canada, the Netherlands,
South Africa, and the UAE, in
calculating the cost of manufacturing,
the petitioners relied on the production
experience and input consumption rates
of a U.S. producer of CORE, valued
using publicly available information
applicable to the respective countries,
where applicable.60 In calculating SG&A
expenses, financial expenses, and profit
ratios, the petitioners relied on the fiscal
year 2023 financial statements of
producers of comparable merchandise
domiciled in each country,
respectively.61
Fair Value Comparisons
Based on the data provided by the
petitioners, there is reason to believe
that imports of CORE from Australia,
Brazil, Canada, Mexico, the
Netherlands, South Africa, Taiwan,
Türkiye, the UAE, and Vietnam are
being, or are likely to be, sold in the
United States at LTFV. Based on
comparisons of EP to NV in accordance
with sections 772 and 773 of the Act,
the estimated dumping margins for
CORE for each of the countries covered
by this initiation are as follows: (1)
Australia—45.86 to 51.79 percent; (2)
Brazil—52.03 to 107.67 percent; (3)
Canada—19.73 to 52.08 percent; (4)
56 Id.
57 Id.
58 See
Country-Specific AD Initiation Checklists.
59 Id.
60 Id.
61 Id.
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Mexico—27.46 to 41.94 percent; (5) the
Netherlands—12.70 to 20.51 percent; (6)
South Africa—53.81 to 53.86 percent ;
(7) Taiwan—67.81 percent; (8)
Türkiye—18.30 to 34.59 percent; (9) the
UAE—77.09 to 78.53 percent; and (10)
Vietnam—195.23 percent.62
Initiation of LTFV Investigations
Based upon the examination of the
Petitions and supplemental responses,
we find that they meet the requirements
of section 732 of the Act. Therefore, we
are initiating LTFV investigations to
determine whether imports of CORE
from Australia, Brazil, Canada, Mexico,
the Netherlands, South Africa, Taiwan,
Türkiye, the UAE, and Vietnam are
being, or are likely to be, sold in the
United States at LTFV. In accordance
with section 733(b)(1)(A) of the Act and
19 CFR 351.205(b)(1), unless postponed,
we will make our preliminary
determinations no later than 140 days
after the date of these initiations.
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Respondent Selection
Australia, Brazil, Canada, Mexico, the
Netherlands, South Africa, and Türkiye
In the Petitions, the petitioners
identified six companies in Australia,
eight companies in Brazil, five
companies in Canada, six companies in
Mexico, seven companies in the
Netherlands, three companies in South
Africa, and 27 companies in Türkiye as
producers/exporters of CORE.63
Following standard practice in LTFV
investigations involving market
economy countries, in the event
Commerce determines that the number
of companies is large, and it cannot
individually examine each company
based upon Commerce’s resources,
where appropriate, Commerce intends
to select mandatory respondents based
on U.S. Customs and Border Protection
(CBP) data for 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 and 25, 2024,
Commerce released CBP data on imports
of CORE from Australia, Brazil, Canada,
Mexico, the Netherlands, South Africa,
and Türkiye 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
62 Id.
63 See Petitions at Volume I (page 27 and Exhibits
I–9 through I–14 and I–16); see also First General
Issues Supplement at 7 and Exhibits Supp. I–14 and
Supp. I–16.
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publication date of the notice of
initiation of these investigations.64
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.
Taiwan
In the Petitions, the petitioners
identified 13 companies in Taiwan as
producers and/or exporters of CORE.65
In the event that Commerce determines
that the number of companies is large,
and it cannot individually examine each
company based upon Commerce’s
resources, where appropriate,
Commerce intends to select mandatory
respondents based on quantity and
value (Q&V) questionnaires issued to
potential respondents. Following
standard practice in LTFV
investigations involving market
economy countries, Commerce would
normally select respondents based on
CBP entry data for imports under the
appropriate HTSUS subheading(s) listed
in the ‘‘Scope of the Investigations’’ in
the Appendix. However, for the Taiwan
LTFV investigation, due to the existing
AD order on imports of CORE from
Taiwan,66 we cannot rely on CBP data
in selecting respondents. Accordingly,
for Taiwan, Commerce will send Q&V
questionnaires to each producer and/or
exporter for which there is complete
address information on the record.
Commerce will post the Q&V
questionnaire along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
CORE from Taiwan that do not receive
Q&V questionnaires may still submit a
64 See Country-Specific Memoranda, ‘‘Release of
U.S. Customs and Border Protection Entry Data,’’
dated September 23 and 25, 2024.
65 See Petitions at Volume I (page 27 and Exhibit
I–15); see also First General Issues Supplement at
7 and Exhibit Supp. I–15.
66 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 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).
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80201
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
Taiwanese producers/exporters no later
than 5:00 p.m. ET on October 9, 2024,
which is two weeks from the signature
date of this notice. All Q&V
questionnaire responses must be filed
electronically via ACCESS. 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.
UAE
In the Petitions, the petitioners named
five companies in the UAE as producers
and/or exporters of CORE.67 In the event
that Commerce determines that the
number of companies is large, and it
cannot individually examine each
company based upon Commerce’s
resources, where appropriate,
Commerce intends to select mandatory
respondents based on Q&V
questionnaires issued to potential
respondents. Following standard
practice in LTFV investigations
involving market economy countries,
Commerce would normally select
respondents based on CBP entry data for
imports under the appropriate HTSUS
subheading(s) listed in the ‘‘Scope of the
Investigations’’ in the Appendix.
However, for the UAE LTFV
investigation, due to Commerce’s
determination that certain imports of
CORE from the UAE are circumventing
the AD order on CORE from the People’s
Republic of China,68 we cannot rely on
CBP data in selecting respondents.
Accordingly, for the UAE, Commerce
will send Q&V questionnaires to each
producer and/or exporter for which
there is complete address information
on the record.
Commerce will post the Q&V
questionnaire along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters of
CORE from the UAE 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 UAE
producers/exporters no later than 5:00
p.m. ET on October 9, 2024, which is
two weeks from the signature date of
67 See Petitions at Volume I (page 27 and Exhibit
I–17).
68 See Certain Corrosion-Resistant Steel Products
from the People’s Republic of China: Affirmative
Final Determination of Circumvention Involving the
United Arab Emirates, 85 FR 41957 (July 13, 2020).
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this notice. All Q&V questionnaire
responses must be filed electronically
via ACCESS. 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.
such applications may be found on
Commerce’s website at https://
www.trade.gov/administrativeprotective-orders.
Separate Rates
In order to obtain separate rate status
in an NME investigation, exporters and
producers must submit a separate rate
application. The specific requirements
for submitting a separate rate
application in an NME investigation are
outlined in detail in the application
itself, which is available on Commerce’s
website at https://access.trade.gov/
Resources/nme/nme-sep-rate.html. The
separate rate application will be due 30
days after publication of this initiation
notice. Exporters and producers must
file a timely separate rate application if
they want to be considered for
individual examination. Exporters and
producers who submit a separate rate
application and have been selected as
mandatory respondents will be eligible
for consideration for separate rate status
only if they respond to all parts of
Commerce’s AD questionnaire as
mandatory respondents. Commerce
requires that companies from Vietnam
submit a response both to the Q&V
questionnaire and to the separate rate
application by the respective deadlines
to receive consideration for separate rate
status. Companies not filing a timely
Q&V questionnaire response will not
receive separate rate consideration.
Vietnam
In the Petitions, the petitioners named
17 companies in Vietnam as producers
and/or exporters of CORE.69 Our
standard practice for respondent
selection in AD investigations involving
NME countries is to select respondents
based on quantity and value (Q&V)
questionnaires in cases where
Commerce has determined that the
number of companies is large, and it
cannot individually examine each
company based upon its resources.
Therefore, considering the number of
producers and/or exporters identified in
the Petitions, Commerce will solicit
Q&V information that can serve as a
basis for selecting exporters for
individual examination in the event that
Commerce determines that the number
is large and decides to limit the number
of respondents individually examined
pursuant to section 777A(c)(2) of the
Act. There are 17 Vietnamese producers
and/or exporters identified in the
Petitions. Commerce has determined
that this number of producers and/or
exporters is large, and thus, it will issue
Q&V questionnaires to each potential
respondent for which there is complete
address information on the record.
Commerce will post the Q&V
questionnaires along with filing
instructions on Commerce’s website at
https://www.trade.gov/ec-adcvd-caseannouncements. Producers/exporters 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
Vietnamese producers/exporters no later
than 5:00 p.m. ET on October 9, 2024,
which is two weeks from the signature
date of this notice. All Q&V
questionnaire responses must be filed
electronically via ACCESS. 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.
Interested parties must submit
applications for disclosure under APO
in accordance with 19 CFR 351.305(b).
As stated above, instructions for filing
{w}hile continuing the practice of assigning
separate rates only to exporters, all separate
rates that {Commerce} will now assign in its
NME investigation will be specific to those
producers that supplied the exporter during
the period of investigation. Note, however,
that one rate is calculated for the exporter
and all of the producers which supplied
subject merchandise to it during the period
of investigation. This practice applies both to
mandatory respondents receiving an
individually calculated separate rate as well
as the pool of non-investigated firms
receiving the {weighted average} of the
individually calculated rates. This practice is
referred to as the application of ‘‘combination
rates’’ because such rates apply to specific
combinations of exporters and one or more
producers. The cash-deposit rate assigned to
an exporter will apply only to merchandise
both exported by the firm in question and
produced by a firm that supplied the exporter
during the period of investigation.70
69 See Petitions at Volume I (page 27 and Exhibit
I–18); see also First General Issues Supplement at
7 and Exhibit Supp. I–18.
70 See Enforcement and Compliance’s Policy
Bulletin No. 05.1, regarding, ‘‘Separate-Rates
Practice and Application of Combination Rates in
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Use of Combination Rates
Commerce will calculate combination
rates for certain respondents that are
eligible for a separate rate in an NME
investigation. The Separate Rates and
Combination Rates Bulletin states:
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Distribution of Copies of the Petitions
In accordance with section
732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version
of the Petitions have been provided to
the governments of Australia, Brazil,
Canada, Mexico, the Netherlands, South
Africa, Taiwan, Türkiye, the UAE, and
Vietnam 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 our
initiation, as required by section 732(d)
of the Act.
Preliminary Determinations 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 Australia, Brazil, Canada,
Mexico, the Netherlands, South Africa,
Taiwan, Türkiye, the UAE, and/or
Vietnam are materially injuring, or
threatening material injury to, a U.S.
industry.71 A negative ITC
determination for any country will
result in the investigation being
terminated with respect to that
country.72 Otherwise, these LTFV
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 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 73 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
Antidumping Investigation involving NME
Countries,’’ (April 5, 2005) at 6 (emphasis added),
available on Commerce’s website at https://
access.trade.gov/Resources/policy/bull05-1.pdf.
71 See section 733(a) of the Act.
72 Id.
73 See 19 CFR 351.301(b).
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correct.74 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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Particular Market Situation Allegation
Section 773(e) of the Act addresses
the concept of particular market
situation (PMS) for purposes of CV,
stating that ‘‘if a particular market
situation exists such that the cost of
materials and fabrication or other
processing of any kind does not
accurately reflect the cost of production
in the ordinary course of trade, the
administering authority may use
another calculation methodology under
this subtitle or any other calculation
methodology.’’ When an interested
party submits a PMS allegation pursuant
to section 773(e) of the Act (i.e., a costbased PMS allegation), the submission
must be filed in accordance with the
requirements of 19 CFR 351.416(b), and
Commerce will respond to such a
submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that
a cost-based PMS exists under section
773(e) of the Act, then it will modify its
dumping calculations appropriately.
Neither section 773(e) of the Act, nor
19 CFR 351.301(c)(2)(v), sets a deadline
for the submission of cost-based PMS
allegations and supporting factual
information. However, in order to
administer section 773(e) of the Act,
Commerce must receive PMS allegations
and supporting factual information with
enough time to consider the submission.
Thus, should an interested party wish to
submit a cost-based PMS allegation and
supporting new factual information
pursuant to section 773(e) of the Act, it
must do so no later than 20 days after
submission of a respondent’s initial
section D questionnaire response.
We note that a PMS allegation filed
pursuant to sections 773(a)(1)(B)(ii)(III)
or 773(a)(1)(C)(iii) of the Act (i.e., a
sales-based PMS allegation) must be
filed within 10 days of submission of a
respondent’s initial section B
questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR
351.404(c)(2).
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
74 See
19 CFR 351.301(b)(2).
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request will be considered untimely if it
is filed after the expiration of the time
limit established under 19 CFR 351.301,
or as otherwise specified by
Commerce.75 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.76
Certification Requirements
Any party submitting factual
information in an AD or CVD
proceeding must certify to the accuracy
and completeness of that information.77
Parties must use the certification
formats provided in 19 CFR
351.303(g).78 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
letter of appearance). Note that
Commerce has amended certain of its
75 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/201322853.htm.
76 See 19 CFR 351.302; see also, e.g., Time Limits
Final Rule.
77 See section 782(b) of the Act.
78 See Certification of Factual Information to
Import Administration During Antidumping and
Countervailing Duty Proceedings, 78 FR 42678 (July
17, 2013) (Final Rule). Additional information
regarding the Final Rule is available at https://
access.trade.gov/Resources/filing/.
PO 00000
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Sfmt 4703
80203
requirements pertaining to the service of
documents in 19 CFR 351.303(f).79
This notice is issued and published
pursuant to sections 732(c)(2) 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,
79 See Administrative Protective Order, Service,
and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069
(September 29, 2023).
E:\FR\FM\02OCN1.SGM
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lotter on DSK11XQN23PROD with NOTICES1
80204
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
VerDate Sep<11>2014
18:16 Oct 01, 2024
Jkt 262001
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:
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
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).
E:\FR\FM\02OCN1.SGM
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Agencies
[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Notices]
[Pages 80196-80204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22592]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-812, A-351-862, A-122-871, A-201-863, A-421-818, A-791-829, A-
583-878, A-489-855, A-520-811, A-552-843]
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: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable September 25, 2024.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor at (202) 482-5831
(Australia and Canada), Nathan Araya at (202) 482-3401 (Brazil),
William Horn at (202) 482-4868 (Mexico), Kabir Archuletta at (202) 482-
2593 (the Netherlands), Jacob Saude at (202) 482-0981 (South Africa),
Fred Baker and Monique Cummings at (202) 482-2924 and (202) 482-3996,
respectively (Taiwan), Brittany Bauer at (202) 482-3860 (the Republic
of T[uuml]rkiye (T[uuml]rkiye)), Toni Page at (202) 482-1398 (the
United Arab Emirates (UAE)), and Jacob Waddell at (202) 482-1369 (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 antidumping duty (AD) petitions concerning imports of certain
corrosion-resistant steel products (CORE) from Australia, Brazil,
Canada, Mexico, the Netherlands, South Africa, Taiwan, T[uuml]rkiye,
the UAE, 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,
[[Page 80197]]
the petitioners).\1\ The AD Petitions were accompanied by
countervailing duty (CVD) petitions concerning imports of CORE from
Brazil, Canada, Mexico, and Vietnam.\2\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Between September 9 and 19, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in
supplemental questionnaires.\3\ The petitioners responded to Commerce's
supplemental questionnaires between September 12 and 20, 2024.\4\
---------------------------------------------------------------------------
\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
September 9, 2024 (General Issues Questionnaire); see also Country-
Specific AD Supplemental Questionnaires: Australia Supplemental,
Brazil Supplemental, Canada Supplemental, Mexico Supplemental, the
Netherlands Supplemental, South Africa Supplemental, Taiwan
Supplemental, T[uuml]rkiye Supplemental, UAE Supplemental, and
Vietnam Supplemental, dated September 9, 2024; Commerce's Letter,
``Second Supplemental Questions,'' dated September 16, 2024 (Second
General Issues Questionnaire); Second Country-Specific AD
Supplemental Questionnaires: the Netherlands Second Supplemental and
Vietnam Second Supplemental, dated September 17, 2024; 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
Country-Specific AD Supplemental Responses: Australia AD Supplement,
Brazil AD Supplement, Canada AD Supplement, Mexico AD Supplement,
the Netherlands AD Supplement, South Africa AD Supplement, Taiwan AD
Supplement, T[uuml]rkiye AD Supplement, UAE AD Supplement, and
Vietnam AD Supplement, dated September 12, 2024; Petitioners'
Letter, ``Petitioner's Response to Second General Issues
Supplemental Questionnaire and Amendment to Volume I of Petitions,''
dated September 18, 2024 (Second General Issues Supplement);
Country-Specific AD Supplemental Responses: Second Netherlands AD
Supplement and Second Vietnam AD Supplement, dated September 18,
2024; and Petitioners' Letter, ``Response to Third General Issues
Questionnaire and Amendment to Volume I of Petitions,'' dated
September 20, 2024 (Third General Issues Supplement).
---------------------------------------------------------------------------
In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of CORE from
Australia, Brazil, Canada, Mexico, the Netherlands, South Africa,
Taiwan, T[uuml]rkiye, the UAE, and Vietnam are being, or are likely to
be, sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that imports of such products
are materially injuring, or threatening material injury to, the CORE
industry in the United States. Consistent with section 732(b)(1) of the
Act, 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 for the initiation of the requested LTFV
investigations.\6\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Periods of Investigation
Because the Petitions were filed on September 5, 2024, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for Australia,
Brazil, Canada, Mexico, the Netherlands, South Africa, Taiwan,
T[uuml]rkiye, and the UAE LTFV investigations is July 1, 2023, through
June 30, 2024. Because Vietnam is a non-market economy (NME) country,
pursuant to 19 CFR 351.204(b)(1), the POI for the Vietnam LTFV
investigation is January 1, 2024, through June 30, 2024.
Scope of the Investigations
The product covered by these investigations is CORE from Australia,
Brazil, Canada, Mexico, the Netherlands, South Africa, Taiwan,
T[uuml]rkiye, the UAE, 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.\7\ On September 12 and 18, 2024, the petitioners provided
clarifications and revised the scope.\8\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
---------------------------------------------------------------------------
\7\ See General Issues Questionnaire; see also Second General
Issues Questionnaire.
\8\ 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.
---------------------------------------------------------------------------
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).\9\ Commerce will consider all scope
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,\10\ all such factual information should be limited to
public information. 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.\11\ Any rebuttal comments, which may
include factual information, and should also be limited to public
information, must be filed by 5:00 p.m. ET on October 25, 2024, which
is 10 calendar days from the initial comment deadline.
---------------------------------------------------------------------------
\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that 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
LTFV 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.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
---------------------------------------------------------------------------
\12\ 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.
---------------------------------------------------------------------------
Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of CORE to be reported in
response to Commerce's AD questionnaires. This
[[Page 80198]]
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOP) or cost of production (COP) accurately, as well as to
develop appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe CORE, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on October 15,
2024, which is 20 calendar days from the signature date of this
notice.\13\ Any rebuttal comments must be filed by 5:00 p.m. ET on
October 25, 2024, which is 10 calendar days from the initial comment
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of each
of the LTFV investigations.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.303(b)(1).
---------------------------------------------------------------------------
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(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 732(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, 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,\14\ 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.\15\
---------------------------------------------------------------------------
\14\ See section 771(10) of the Act.
\15\ 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)).
---------------------------------------------------------------------------
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.\16\ 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.\17\
---------------------------------------------------------------------------
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: 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,'' dated concurrently with, and
hereby adopted by, this notice (Country-Specific AD 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.
\17\ See Attachment II of the Country-Specific AD Initiation
Checklists.
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In determining whether the petitioners have standing under section
732(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.\18\ 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.\19\ 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,\20\ we have
relied on the data provided by the petitioners for purposes of
measuring industry support.\21\
---------------------------------------------------------------------------
\18\ Id.
\19\ Id.
\20\ Id.
\21\ Id.
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On September 18, 2024, we received timely filed comments on
industry support from several parties: Stelco, Inc. (Stelco), a
Canadian producer/exporter of CORE; \22\ ArcelorMittal Dofasco G.P.
(Dofasco), a Canadian producer and exporter of CORE; \23\ Ternium USA
and Ternium Mexico S.A. de C.V. (collectively, Ternium), a U.S.
producer
[[Page 80199]]
and importer of CORE and a Mexican producer/exporter of CORE,
respectively; \24\ and Government of Canada (GOC) and the Government of
Ontario (collectively).\25\ In its September 18, 2024, submission,
Ternium stated that it opposed the Mexico AD Petition.\26\ In addition,
in consultations held by Commerce officials with representatives of the
GOC on September 19, 2024, regarding the Canada CVD Petition, the GOC
raised industry support concerns relating to both the CVD and AD
Petitions.\27\ On September 20, 2024, the petitioners responded to the
comments from Stelco, GOC, Dofasco, and Ternium in timely filed
rebuttal submissions.\28\ Also on September 20, 2024, Stelco, Dofasco,
and Ternium submitted additional comments.\29\ On September 24, 2024,
Ternium submitted additional comments and provided its 2023 shipments
and production.\30\
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\22\ See Stelco's Letter, ``Comments on Industry Support for the
Petitions and Request for Polling,'' dated September 18, 2024.
\23\ See Dofasco's Letter, ``Comments on Industry Support and
Request for Industry Polling,'' dated September 18, 2024.
\24\ See Ternium's Letters, ``Comments on Petitioners'
Standing,'' dated September 18, 2024 (Ternium Letter I), and ``Entry
of Appearance,'' dated September 13, 2024.
\25\ See GOC and Government of Ontario's Letter, ``Industry
Support Comments,'' dated September 18, 2024.
\26\ See Ternium Letter I at 3.
\27\ See Memorandum, ``Consultations with Officials from the
Government of Canada.,'' dated September 19, 2024; see also GOC's
Letter, ``Government of Canada's Consultations Materials,'' dated
September 20, 2024.
\28\ 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).
\29\ 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; and
Ternium's Letter, ``Ternium's Second Comments on Petitioners'
Standing,'' dated September 20, 2024.
\30\ 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.\31\ With respect to the Australia, Brazil,
Mexico, Netherlands, South Africa, Taiwan, T[uuml]rkiye, UAE, and
Vietnam AD Petitions, we determine that the domestic producers and
workers that support these AD 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).\32\ Second, the domestic producers
and workers have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers and
workers who support the Australia, Brazil, Mexico, Netherlands, South
Africa, Taiwan, T[uuml]rkiye, UAE, and Vietnam AD Petitions account for
at least 25 percent of the total production of the domestic like
product.\33\ Finally, the domestic producers and workers have met the
statutory criteria for industry support under section 732(c)(4)(A)(ii)
of the Act because the domestic producers and workers who support the
Australia, Brazil, Mexico, Netherlands, South Africa, Taiwan,
T[uuml]rkiye, UAE, and Vietnam AD 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.\34\ Accordingly, Commerce determines that the Australia,
Brazil, Mexico, Netherlands, South Africa, Taiwan, T[uuml]rkiye, UAE,
and Vietnam AD Petitions were filed on behalf of the domestic industry
within the meaning of section 732(b)(1) of the Act.\35\
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\31\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
\32\ Id.; see also section 732(c)(4)(D) of the Act.
\33\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\34\ Id.
\35\ Id.
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With respect to the Canada AD 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 732(c)(4)(A)(i)
of the Act, because the domestic producers (or workers) who support the
Canada AD Petition account for at least 25 percent of the total
production of the domestic like product.\36\ Because the Canada AD
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.\37\ In this case, Commerce was able to rely on other
information, in accordance with section 732(c)(4)(D)(i) of the Act, to
determine industry support.\38\ 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 732(c)(4)(A)(ii)
of the Act because the domestic producers (or workers) who support the
Canada AD 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 AD Petition.\39\
Accordingly, Commerce determines that the Canada AD Petition was filed
on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.\40\
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\36\ See Attachment II of the Canada AD Initiation Checklist.
\37\ Id.; see also section 732(c)(4)(D) of the Act.
\38\ See Attachment II of the Canada AD Initiation Checklist.
\39\ Id.
\40\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, with respect to Brazil, Canada,
Mexico, Taiwan, and Vietnam, the petitioners allege that subject
imports exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\41\ With respect to Australia, the Netherlands,
South Africa, T[uuml]rkiye, and the UAE, while the allegedly dumped
imports from each of these countries do not individually exceed the
statutory requirements for negligibility, the petitioners provided data
demonstrating that the aggregate import share from these five countries
is 9.01 percent, which exceeds the seven percent threshold established
by the exception in section 771(24)(A)(ii) of the Act.\42\
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\41\ For further information regarding negligibility and the
injury allegation, see Country-Specific AD 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).
\42\ See Attachment III of the Country-Specific AD Initiation
Checklists.
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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
[[Page 80200]]
income.\43\ 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.\44\
---------------------------------------------------------------------------
\43\ Id.
\44\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of CORE from Australia, Brazil, Canada, Mexico, the
Netherlands, South Africa, Taiwan, T[uuml]rkiye, the UAE, and Vietnam.
The sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Country-Specific AD Initiation Checklists.
U.S. Price
For Australia, Brazil, Canada, Mexico, the Netherlands, South
Africa, T[uuml]rkiye, the UAE, and Vietnam, the petitioners based
export price (EP) on the POI average unit values (AUVs) derived from
official U.S. import statistics for imports of CORE produced in and
exported from each country.\45\ For Taiwan, the petitioners based EP on
a transaction-specific AUV (i.e., month- and port-specific AUV) derived
from official import statistics and tied to ship manifest data.\46\ For
each country, the petitioners made certain adjustments to U.S. price to
calculate a net ex-factory U.S. price, where applicable.\47\
---------------------------------------------------------------------------
\45\ See Country-Specific AD Initiation Checklists.
\46\ See Taiwan AD Initiation Checklist.
\47\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Normal Value 48
For Australia, Brazil, Canada, Mexico, the Netherlands, Taiwan,
T[uuml]rkiye, and the UAE, the petitioners based NV on home market
pricing information they obtained for CORE produced in and sold, or
offered for sale, in the respective countries during the applicable
time period.\49\ For Canada, the Netherlands, and the UAE, the
petitioners provided information indicating that the prices for CORE
sold or offered for sale in the respective countries were below the
COP. Therefore, for Canada, the Netherlands, and the UAE, the
petitioners based NV on constructed value (CV).\50\ For South Africa,
the petitioners stated that they were unable to obtain home market or
third country pricing information for CORE to use as a basis for
NV.\51\ Therefore, for South Africa, the petitioners calculated NV
based on CV.\52\ For further discussion of CV for Canada, the
Netherlands, South Africa, and the UAE, see the section ``Normal Value
Based on Constructed Value,'' below.
---------------------------------------------------------------------------
\48\ In accordance with section 773(b)(2) of the Act, for the
Australia, Brazil, Canada, Mexico, the Netherlands, South Africa,
Taiwan, T[uuml]rkiye, and the UAE investigations, Commerce will
request information necessary to calculate the constructed value
(CV) and COP to determine whether there are reasonable grounds to
believe or suspect that sales of the foreign like product have been
made at prices that represent less than the COP of the product.
\49\ See Country-Specific AD Initiation Checklists.
\50\ Id.
\51\ See South Africa AD Initiation Checklist.
\52\ Id.
---------------------------------------------------------------------------
Commerce considers Vietnam to be an NME country.\53\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat Vietnam as an NME country for
purposes of the initiation of the Vietnam LTFV investigation.
Accordingly, we base NV on FOPs valued in a surrogate market economy
country in accordance with section 773(c) of the Act.
---------------------------------------------------------------------------
\53\ See, e.g., Raw Honey from the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Changed Circumstances
Review, 89 FR 64411 (August 7, 2024), and accompanying NME Analysis
Memorandum at 5.
---------------------------------------------------------------------------
The petitioners claim that Morocco is an appropriate surrogate
country for Vietnam because it is a market economy that is at a level
of economic development comparable to that of Vietnam and is a
significant producer of comparable merchandise.\54\ The petitioners
provided publicly available information from Morocco to value all
FOPs.\55\ Based on the information provided by the petitioners, we
believe it is appropriate to use Morocco as a surrogate country for
Vietnam to value all FOPs for initiation purposes.
---------------------------------------------------------------------------
\54\ See Vietnam AD Initiation Checklist.
\55\ Id.
---------------------------------------------------------------------------
Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Vietnamese producers/exporters was not reasonably available, the
petitioners used product-specific consumption rates from a U.S.
producer of CORE as a surrogate to value Vietnamese manufacturers'
FOPs.\56\ Additionally, the petitioners calculated factory overhead,
selling, general, and administrative (SG&A) expenses, and profit based
on the experience of a Moroccan producer of comparable merchandise.\57\
---------------------------------------------------------------------------
\56\ Id.
\57\ Id.
---------------------------------------------------------------------------
Normal Value Based on Constructed Value
As noted above for Canada, the Netherlands, and the UAE, the
petitioners provided information indicating that the prices for CORE
sold or offered for sale in the respective countries were below the
COP. Also as noted above, for South Africa, the petitioners stated that
they were unable to obtain home market or third-country prices for CORE
to use as a basis for NV. Therefore, for Canada, the Netherlands, South
Africa, and the UAE, the petitioners calculated NV based on CV.\58\
---------------------------------------------------------------------------
\58\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Pursuant to section 773(e) of the Act, the petitioners calculated
CV as the sum of the cost of manufacturing, SG&A expenses, financial
expenses, and profit.\59\ For Canada, the Netherlands, South Africa,
and the UAE, in calculating the cost of manufacturing, the petitioners
relied on the production experience and input consumption rates of a
U.S. producer of CORE, valued using publicly available information
applicable to the respective countries, where applicable.\60\ In
calculating SG&A expenses, financial expenses, and profit ratios, the
petitioners relied on the fiscal year 2023 financial statements of
producers of comparable merchandise domiciled in each country,
respectively.\61\
---------------------------------------------------------------------------
\59\ Id.
\60\ Id.
\61\ Id.
---------------------------------------------------------------------------
Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of CORE from Australia, Brazil, Canada, Mexico,
the Netherlands, South Africa, Taiwan, T[uuml]rkiye, the UAE, and
Vietnam are being, or are likely to be, sold in the United States at
LTFV. Based on comparisons of EP to NV in accordance with sections 772
and 773 of the Act, the estimated dumping margins for CORE for each of
the countries covered by this initiation are as follows: (1)
Australia--45.86 to 51.79 percent; (2) Brazil--52.03 to 107.67 percent;
(3) Canada--19.73 to 52.08 percent; (4)
[[Page 80201]]
Mexico--27.46 to 41.94 percent; (5) the Netherlands--12.70 to 20.51
percent; (6) South Africa--53.81 to 53.86 percent ; (7) Taiwan--67.81
percent; (8) T[uuml]rkiye--18.30 to 34.59 percent; (9) the UAE--77.09
to 78.53 percent; and (10) Vietnam--195.23 percent.\62\
---------------------------------------------------------------------------
\62\ Id.
---------------------------------------------------------------------------
Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of CORE from Australia, Brazil, Canada, Mexico, the
Netherlands, South Africa, Taiwan, T[uuml]rkiye, the UAE, and Vietnam
are being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
Respondent Selection
Australia, Brazil, Canada, Mexico, the Netherlands, South Africa, and
T[uuml]rkiye
In the Petitions, the petitioners identified six companies in
Australia, eight companies in Brazil, five companies in Canada, six
companies in Mexico, seven companies in the Netherlands, three
companies in South Africa, and 27 companies in T[uuml]rkiye as
producers/exporters of CORE.\63\ Following standard practice in LTFV
investigations involving market economy countries, in the event
Commerce determines that the number of companies is large, and it
cannot individually examine each company based upon Commerce's
resources, where appropriate, Commerce intends to select mandatory
respondents based on U.S. Customs and Border Protection (CBP) data for
imports under the appropriate Harmonized Tariff Schedule of the United
States (HTSUS) subheading(s) listed in the ``Scope of the
Investigations,'' in the appendix.
---------------------------------------------------------------------------
\63\ See Petitions at Volume I (page 27 and Exhibits I-9 through
I-14 and I-16); see also First General Issues Supplement at 7 and
Exhibits Supp. I-14 and Supp. I-16.
---------------------------------------------------------------------------
On September 23 and 25, 2024, Commerce released CBP data on imports
of CORE from Australia, Brazil, Canada, Mexico, the Netherlands, South
Africa, and T[uuml]rkiye 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.\64\ 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.
---------------------------------------------------------------------------
\64\ See Country-Specific Memoranda, ``Release of U.S. Customs
and Border Protection Entry Data,'' dated September 23 and 25, 2024.
---------------------------------------------------------------------------
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.
Taiwan
In the Petitions, the petitioners identified 13 companies in Taiwan
as producers and/or exporters of CORE.\65\ In the event that Commerce
determines that the number of companies is large, and it cannot
individually examine each company based upon Commerce's resources,
where appropriate, Commerce intends to select mandatory respondents
based on quantity and value (Q&V) questionnaires issued to potential
respondents. Following standard practice in LTFV investigations
involving market economy countries, Commerce would normally select
respondents based on CBP entry data for imports under the appropriate
HTSUS subheading(s) listed in the ``Scope of the Investigations'' in
the Appendix. However, for the Taiwan LTFV investigation, due to the
existing AD order on imports of CORE from Taiwan,\66\ we cannot rely on
CBP data in selecting respondents. Accordingly, for Taiwan, Commerce
will send Q&V questionnaires to each producer and/or exporter for which
there is complete address information on the record.
---------------------------------------------------------------------------
\65\ See Petitions at Volume I (page 27 and Exhibit I-15); see
also First General Issues Supplement at 7 and Exhibit Supp. I-15.
\66\ 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 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).
---------------------------------------------------------------------------
Commerce will post the Q&V questionnaire along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of CORE from Taiwan 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 Taiwanese producers/exporters no later than
5:00 p.m. ET on October 9, 2024, which is two weeks from the signature
date of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. 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.
UAE
In the Petitions, the petitioners named five companies in the UAE
as producers and/or exporters of CORE.\67\ In the event that Commerce
determines that the number of companies is large, and it cannot
individually examine each company based upon Commerce's resources,
where appropriate, Commerce intends to select mandatory respondents
based on Q&V questionnaires issued to potential respondents. Following
standard practice in LTFV investigations involving market economy
countries, Commerce would normally select respondents based on CBP
entry data for imports under the appropriate HTSUS subheading(s) listed
in the ``Scope of the Investigations'' in the Appendix. However, for
the UAE LTFV investigation, due to Commerce's determination that
certain imports of CORE from the UAE are circumventing the AD order on
CORE from the People's Republic of China,\68\ we cannot rely on CBP
data in selecting respondents. Accordingly, for the UAE, Commerce will
send Q&V questionnaires to each producer and/or exporter for which
there is complete address information on the record.
---------------------------------------------------------------------------
\67\ See Petitions at Volume I (page 27 and Exhibit I-17).
\68\ See Certain Corrosion-Resistant Steel Products from the
People's Republic of China: Affirmative Final Determination of
Circumvention Involving the United Arab Emirates, 85 FR 41957 (July
13, 2020).
---------------------------------------------------------------------------
Commerce will post the Q&V questionnaire along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of CORE from the UAE 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 UAE producers/exporters no later than 5:00
p.m. ET on October 9, 2024, which is two weeks from the signature date
of
[[Page 80202]]
this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. 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 named 17 companies in Vietnam as
producers and/or exporters of CORE.\69\ Our standard practice for
respondent selection in AD investigations involving NME countries is to
select respondents based on quantity and value (Q&V) questionnaires in
cases where Commerce has determined that the number of companies is
large, and it cannot individually examine each company based upon its
resources. Therefore, considering the number of producers and/or
exporters identified in the Petitions, Commerce will solicit Q&V
information that can serve as a basis for selecting exporters for
individual examination in the event that Commerce determines that the
number is large and decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act. There
are 17 Vietnamese producers and/or exporters identified in the
Petitions. Commerce has determined that this number of producers and/or
exporters is large, and thus, it will issue Q&V questionnaires to each
potential respondent for which there is complete address information on
the record.
---------------------------------------------------------------------------
\69\ See Petitions at Volume I (page 27 and Exhibit I-18); see
also First General Issues Supplement at 7 and Exhibit Supp. I-18.
---------------------------------------------------------------------------
Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters 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 Vietnamese producers/exporters no later than
5:00 p.m. ET on October 9, 2024, which is two weeks from the signature
date of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. 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.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). As stated above, instructions
for filing such applications may be found on Commerce's website at
https://www.trade.gov/administrative-protective-orders.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be
due 30 days after publication of this initiation notice. Exporters and
producers must file a timely separate rate application if they want to
be considered for individual examination. Exporters and producers who
submit a separate rate application and have been selected as mandatory
respondents will be eligible for consideration for separate rate status
only if they respond to all parts of Commerce's AD questionnaire as
mandatory respondents. Commerce requires that companies from Vietnam
submit a response both to the Q&V questionnaire and to the separate
rate application by the respective deadlines to receive consideration
for separate rate status. Companies not filing a timely Q&V
questionnaire response will not receive separate rate consideration.
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\70\
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\70\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005) at 6 (emphasis added), available on Commerce's website at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Australia, Brazil, Canada, Mexico, the
Netherlands, South Africa, Taiwan, T[uuml]rkiye, the UAE, and Vietnam
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 our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations 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 Australia, Brazil, Canada, Mexico,
the Netherlands, South Africa, Taiwan, T[uuml]rkiye, the UAE, and/or
Vietnam are materially injuring, or threatening material injury to, a
U.S. industry.\71\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\72\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
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\71\ See section 733(a) of the Act.
\72\ 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 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 \73\ 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
[[Page 80203]]
correct.\74\ 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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\73\ See 19 CFR 351.301(b).
\74\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act (i.e., a cost-based PMS allegation), the submission must be
filed in accordance with the requirements of 19 CFR 351.416(b), and
Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
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
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\75\ 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.\76\
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\75\ 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.
\76\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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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.\77\
Parties must use the certification formats provided in 19 CFR
351.303(g).\78\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\77\ See section 782(b) of the Act.
\78\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/.
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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 letter of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\79\
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\79\ 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 732(c)(2)
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,
[[Page 80204]]
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 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. 2024-22592 Filed 10-1-24; 8:45 am]
BILLING CODE 3510-DS-P