Stainless Steel Sheet and Strip in Coils From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2022-2023, 104080-104083 [2024-30387]
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Federal Register / Vol. 89, No. 245 / Friday, December 20, 2024 / Notices
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[FR Doc. 2024–30328 Filed 12–19–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–831]
Stainless Steel Sheet and Strip in Coils
From Taiwan: Final Results of
Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) determines that
the producers/exporters subject to this
administrative review made sales of
subject merchandise at prices less than
normal value during the period of
review (POR), July 1, 2022, through June
30, 2023. Additionally, Commerce
determines that two companies for
which we initiated a review had no
shipments during the POR.
DATES: Applicable December 20, 2024.
FOR FURTHER INFORMATION CONTACT:
Genevieve Coen, AD/CVD Operations,
Office II, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3251.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 16, 2024, Commerce
published in the Federal Register the
preliminary results of the 2022–2023
administrative review 1 of the
antidumping duty order on stainless
1 See Stainless Steel Sheet and Strip in Coils from
Taiwan: Preliminary Results, Preliminary
Determination of No Shipments, and Rescission, in
Part, of Antidumping Administrative Review; 2022–
2023, 89 FR 66683 (August 16, 2024) (Preliminary
Results), and accompanying Preliminary Decision
Memorandum (PDM).
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Federal Register / Vol. 89, No. 245 / Friday, December 20, 2024 / Notices
steel sheet and strip in coils from
Taiwan.2 We invited interested parties
to comment on the Preliminary Results.3
On September 16, 2024, domestic
interested parties 4 submitted a case
brief.5 On December 9, 2024, Commerce
tolled the deadline to issue the final
results in this administrative review by
90 days.6 Accordingly, the deadline for
these final results is now March 14,
2025.
Seven producers and/or exporters of
the subject merchandise remain subject
to this review. Commerce selected two
companies, Tung Mung Development
Co Ltd. (Tung Mung) and Yieh Trading
Corporation (Yieh Corporation) for
individual examination.7 Two
companies reported having no
shipments during the POR, see
‘‘Determination of No Shipments’’
section below.8 The remaining
producers and/or exporters not selected
for individual examination are listed in
the ‘‘Final Results of the Review’’
section of this notice.
The domestic interested parties did
not argue for any changes from the
Preliminary Results. Because Commerce
received no comments requiring
changes to the Preliminary Results, we
have not modified our analysis and no
decision memorandum accompanies
this Federal Register notice.
Accordingly, the final results are
unchanged from the Preliminary
Results, and we are adopting the
Preliminary Results as the final results
of this review. Commerce conducted
this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order
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The merchandise subject to the Order
is certain stainless steel sheet and strip
in coils. For a complete description of
2 See Notice of Antidumping Duty Order;
Stainless Steel Sheet and Strip in Coils from United
Kingdom, Taiwan, and South Korea, 64 FR 40555
(July 27, 1999) (Order).
3 See Preliminary Results, 89 FR 66683.
4 The domestic interested parties are North
American Stainless and Outokumpu Stainless USA
LLC (collectively, Domestic Interested Parties).
5 See Domestic Interested Parties’ Letter, ‘‘Case
Brief Submitted on Behalf of Domestic Interested
Parties,’’ dated September 16, 2024 (Domestic
Interested Parties’ Case Brief).
6 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated December 9, 2024.
7 See Memorandum, ‘‘Respondent Selection,’’
dated March 4, 2024.
8 See Yieh United Steel Corporation’s (YUSCO)
Letter, ‘‘No Shipment Certification,’’ dated October
11, 2023 (YUSCO No Shipment Certification); see
also Tung Mung’s Letters, ‘‘Aluminum Extrusions
from China {sic},’’ dated April 1, 2024; ‘‘Stainless
Steel Sheet and Strip in Coils (SSSSC) from
Taiwan,’’ dated April 17, 2024.
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the scope, see the appendix to this
notice.
Determination of No Shipments
As noted in the Preliminary Results,
we received no-shipment claims from
YUSCO and Tung Mung. In the
Preliminary Results, we preliminary
determined that YUSCO and Tung
Mung made no shipments of subject
merchandise to the United States during
the POR. We received no comments
from interested parties with respect to
this claim. Therefore, because the record
indicates that these companies did not
export subject merchandise to the
United States during the POR, we
continue to find that that they had no
reviewable transactions during the POR.
Accordingly, consistent with
Commerce’s practice, we intend to
instruct U.S. Customs and Border
Protection (CBP) to liquidate any
existing entries of merchandise
produced or exported by YUSCO and
Tung Mung at the rate for the
intermediate reseller, if available, or at
the all-others rate.9
Rate for Non-Selected Companies
The Act and Commerce’s regulations
do not address the establishment of a
rate to be applied to companies not
selected for individual examination
when Commerce limits its examination
in an administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a lessthan-fair-value (LTFV) investigation, for
guidance when calculating the
weighted-average dumping margin for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding
rates that are zero, de minimis (i.e., less
than 0.5 percent), or determined entirely
on the basis of facts available.
For the final results, Commerce based
the weighted-average dumping margin
for Yieh Corporation, a mandatory
respondent in this review, entirely on
facts otherwise available with adverse
inferences (AFA). Further, we found
that the mandatory respondent’s total
9 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
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AFA dumping margin of 21.10 percent
is reasonably reflective of the nonselected companies’ potential dumping
margins during the POR.10 Therefore,
we are assigning the margin of 21.10
percent to the four companies not
individually examined.
Final Results of Review
We assigned the following weightedaverage dumping margins for the
companies listed below for the period
July 1, 2022, through June 30, 2023:
Exporter or producer
Yieh Trading Corporation ...........
Review-Specific Average Rate
Applicable to the Following
Companies:
Chia Far Industrial Factory
Co., Ltd ............................
Ta Chen Stainless Pipe
Company Ltd ...................
Tang Eng Iron Works Company, Ltd ..........................
Yu Ting Industries Co., Ltd
Weightedaverage
dumping
margin
(percent)
21.10
21.10
21.10
21.10
21.10
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with the final
results within five days of any public
announcement or, if there is no public
announcement, within five days of the
date of publication of the notice of the
final results in the Federal Register, in
accordance with 19 CFR 351.224(b).
However, because we have made no
changes from the Preliminary Results,
there are no new calculations to disclose
in accordance with 19 CFR 351.224(b)
for these final results.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.
For the final results, we will instruct
CBP to apply an ad valorem assessment
rate equal to the dumping margins
shown above to all entries of subject
merchandise during the POR which
were produced and/or exported by Yieh
Corporation. For the companies that
were not selected for individual
examination, we will instruct CBP to
assess antidumping duties at the
assessment rate assigned to the
companies, based on the methodology
described in the ‘‘Rate for Non-Selected
Companies’’ section, above.
10 See
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Preliminary Results PDM.
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As indicated above, for YUSCO and
Tung Mung, we will instruct CBP to
liquidate any existing entries of
merchandise produced by these
companies, but exported by other
parties, at the rate for the intermediate
reseller, if available, or at the all-others
rate.
Commerce intends to issue
appropriate assessment instructions to
CBP no earlier than 35 days after the
date of publication of the final results of
this review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).11
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Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for each company
listed above will be that established in
the final results of this review; (2) for
previously reviewed or investigated
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific rate
published for the most recentlycompleted segment of this proceeding in
which the company was reviewed; (3) if
the exporter is not a firm covered in this
review, or a previous segment, but the
producer is, then the cash deposit rate
will be the rate established for the most
recently completed segment for the
producer of the merchandise; and (4)
the cash deposit rate for all other
producers or exporters will continue to
be 12.61 percent, the all-others rate
established in the less-than-fair-value
investigation.12 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
11 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
12 See Order.
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result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice serves as the only
reminder to parties subject to an
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return or destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5)
Dated: December 13, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
The merchandise subject to the Order are
certain stainless steel sheet and strip in coils.
Stainless steel is an alloy steel containing, by
weight, 1.2 percent or less of carbon and 10.5
percent or more of chromium, with or
without other elements. The subject sheet
and strip is a flat-rolled product in coils that
is greater than 9.5 mm in width and less than
4.75 mm in thickness, and that is annealed
or otherwise heat treated and pickled or
otherwise descaled. The subject sheet and
strip may also be further processed (e.g.,
cold-rolled, polished, aluminized, coated,
etc.) provided that it maintains the specific
dimensions of sheet and strip following such
processing.
The products subject to the Order are
classified in the Harmonized Tariff Schedule
of the United States (HTSUS) statistical
reporting numbers 7219.13.00.31,
7219.13.00.51, 7219.13.00.71, 7219.13.00.81,
7219.14.00.30, 7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20, 7219.32.00.25,
7219.32.00.35, 7219.32.00.36, 7219.32.00.38,
7219.32.00.42, 7219.32.00.44, 7219.33.00.05,
7219.33.00.20, 7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38, 7219.33.00.42,
7219.33.00.44, 7219.34.00.05, 7219.34.00.20,
7219.34.00.25, 7219.34.00.30, 7219.34.00.35,
7219.35.00.05, 7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10, 7219.90.00.20,
7219.90.00.25, 7219.90.00.60, 7219.90.00.80,
7220.12.10.00, 7220.12.50.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10, 7220.20.60.15,
7220.20.60.60, 7220.20.60.80, 7220.20.70.05,
7220.20.70.10, 7220.20.70.15, 7220.20.70.60,
7220.20.70.80, 7220.20.80.00, 7220.20.90.30,
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7220.20.90.60, 7220.90.00.10, 7220.90.00.15,
7220.90.00.60, and 7220.90.00.80. Although
the HTS subheadings are provided for
convenience and Customs purposes,
Commerce’s written description of the
merchandise is dispositive.
Excluded from the scope of the Order are
the following: (1) sheet and strip that is not
annealed or otherwise heat treated and
pickled or otherwise descaled, (2) sheet and
strip that is cut to length, (3) plate (i.e., flatrolled stainless steel products of a thickness
of 4.75 mm or more), (4) flat wire (i.e., coldrolled sections, with a prepared edge,
rectangular in shape, of a width of not more
than 9.5 mm), and (5) razor blade steel. Razor
blade steel is a flat-rolled product of stainless
steel, not further worked than cold-rolled
(cold-reduced), in coils, of a width of not
more than 23 mm and a thickness of 0.266
mm or less, containing, by weight, 12.5 to
14.5 percent chromium, and certified at the
time of entry to be used in the manufacture
of razor blades. See Chapter 72 of the
HTSUS, ‘‘Additional U.S. Note’’ ’ 1(d).
Also excluded from the scope of the Order
are certain specialty stainless steel products
described below. Flapper valve steel is
defined as stainless steel strip in coils
containing, by weight, between 0.37 and 0.43
percent carbon, between 1.15 and 1.35
percent molybdenum, and between 0.20 and
0.80 percent manganese. This steel also
contains, by weight, phosphorus of 0.025
percent or less, silicon of between 0.20 and
0.50 percent, and sulfur of 0.020 percent or
less. The product is manufactured by means
of vacuum arc remelting, with inclusion
controls for sulphide of no more than 0.04
percent and for oxide of no more than 0.05
percent. Flapper valve steel has a tensile
strength of between 210 and 300 ksi, yield
strength of between 170 and 270 ksi, plus or
minus 8 ksi, and a hardness (Hv) of between
460 and 590. Flapper valve steel is most
commonly used to produce specialty flapper
valves in compressors.
Also excluded is a product referred to as
suspension foil, a specialty steel product
used in the manufacture of suspension
assemblies for computer disk drives.
Suspension foil is described as 302/304 grade
or 202 grade stainless steel of a thickness
between 14 and 127 microns, with a
thickness tolerance of plus-or-minus 2.01
microns, and surface glossiness of 200 to 700
percent Gs. Suspension foil must be supplied
in coil widths of not more than 407 mm, and
with a mass of 225 kg or less. Roll marks may
only be visible on one side, with no scratches
of measurable depth. The material must
exhibit residual stresses of 2 mm maximum
deflection, and flatness of 1.6 mm over 685
mm length.
Certain stainless steel foil for automotive
catalytic converters is also excluded from the
scope of the Order. This stainless steel strip
in coils is a specialty foil with a thickness of
between 20 and 110 microns used to produce
a metallic substrate with a honeycomb
structure for use in automotive catalytic
converters. The steel contains, by weight,
carbon of no more than 0.030 percent, silicon
of no more than 1.0 percent, manganese of no
more than 1.0 percent, chromium of between
19 and 22 percent, aluminum of no less than
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5.0 percent, phosphorus of no more than
0.045 percent, sulfur of no more than 0.03
percent, lanthanum of less than 0.002 or
greater than 0.05 percent, and total rare earth
elements of more than 0.06 percent, with the
balance iron.
Permanent magnet iron-chromium-cobalt
alloy stainless strip is also excluded from the
scope of the Order. This ductile stainless
steel strip contains, by weight, 26 to 30
percent chromium, and 7 to 10 percent
cobalt, with the remainder of iron, in widths
228.6 mm or less, and a thickness between
0.127 and 1.270 mm. It exhibits magnetic
remanence between 9,000 and 12,000 gauss,
and a coercivity of between 50 and 300
oersteds. This product is most commonly
used in electronic sensors and is currently
available under proprietary trade names such
as ‘‘Arnokrome III.’’ 13
Certain electrical resistance alloy steel is
also excluded from the scope of the Order.
This product is defined as a non-magnetic
stainless steel manufactured to American
Society of Testing and Materials (ASTM)
specification B344 and containing, by weight,
36 percent nickel, 18 percent chromium, and
46 percent iron, and is most notable for its
resistance to high temperature corrosion. It
has a melting point of 1390 degrees Celsius
and displays a creep rupture limit of 4
kilograms per square millimeter at 1000
degrees Celsius. This steel is most commonly
used in the production of heating ribbons for
circuit breakers and industrial furnaces, and
in rheostats for railway locomotives. The
product is currently available under
proprietary trade names such as ‘‘Gilphy
36.’’ 14
Certain martensitic precipitationhardenable stainless steel is also excluded
from the scope of the Order. This highstrength, ductile stainless steel product is
designated under the Unified Numbering
System (UNS) as S45500-grade steel, and
contains, by weight, 11 to 13 percent
chromium, and 7 to 10 percent nickel.
Carbon, manganese, silicon and molybdenum
each comprise, by weight, 0.05 percent or
less, with phosphorus and sulfur each
comprising, by weight, 0.03 percent or less.
This steel has copper, niobium, and titanium
added to achieve aging, and will exhibit yield
strengths as high as 1700 Mpa and ultimate
tensile strengths as high as 1750 Mpa after
aging, with elongation percentages of 3
percent or less in 50 mm. It is generally
provided in thicknesses between 0.635 and
0.787 mm, and in widths of 25.4 mm. This
product is most commonly used in the
manufacture of television tubes and is
currently available under proprietary trade
names such as ‘‘Durphynox 17.’’ 15
Finally, three specialty stainless steels
typically used in certain industrial blades
and surgical and medical instruments are
also excluded from the scope of the Order.
These include stainless steel strip in coils
used in the production of textile cutting tools
(e.g., carpet knives).16 This steel is similar to
13 ‘‘Arnokrome III’’ ’ is a trademark of the Arnold
Engineering Company.
14 ‘‘Gilphy 36’’ ’ is a trademark of Imphy, S.A.
15 ‘‘Durphynox 17’’ ’ is a trademark of Imphy, S.A.
16 This list of uses is illustrative and provided for
descriptive purposes only.
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Jkt 265001
AISI grade 420 but containing, by weight, 0.5
to 0.7 percent of molybdenum. The steel also
contains, by weight, carbon of between 1.0
and 1.1 percent, sulfur of 0.020 percent or
less, and includes between 0.20 and 0.30
percent copper and between 0.20 and 0.50
percent cobalt. This steel is sold under
proprietary names such as ‘‘GIN4 Mo.’’ The
second excluded stainless steel strip in coils
is similar to AISI 420–J2 and contains, by
weight, carbon of between 0.62 and 0.70
percent, silicon of between 0.20 and 0.50
percent, manganese of between 0.45 and 0.80
percent, phosphorus of no more than 0.025
percent and sulfur of no more than 0.020
percent. This steel has a carbide density on
average of 100 carbide particles per 100
square microns. An example of this product
is ‘‘GIN5’’ steel. The third specialty steel has
a chemical composition similar to AISI 420
F, with carbon of between 0.37 and 0.43
percent, molybdenum of between 1.15 and
1.35 percent, but lower manganese of
between 0.20 and 0.80 percent, phosphorus
of no more than 0.025 percent, silicon of
between 0.20 and 0.50 percent, and sulfur of
no more than 0.020 percent. This product is
supplied with a hardness of more than Hv
500 guaranteed after customer processing,
and is supplied as, for example, ‘‘GIN6’’.17
[FR Doc. 2024–30387 Filed 12–19–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–179]
Certain Tungsten Shot From the
People’s Republic of China:
Preliminary Affirmative Countervailing
Duty Determination and Alignment of
Final Determination With Final
Antidumping Duty Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies are being provided to
producers and exporters of certain
tungsten shot (tungsten shot) from the
People’s Republic of China (China). The
period of investigation is January 1,
2023, through December 31, 2023.
Interested parties are invited to
comment on this preliminary
determination.
DATES: Applicable December 20, 2024.
FOR FURTHER INFORMATION CONTACT:
Samuel Evans, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2420.
AGENCY:
17 ‘‘GIN4 Mo,’’ ‘‘GIN5’’ ’ and ‘‘GIN6’’ ’ are the
proprietary grades of Hitachi Metals America, Ltd.
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
104083
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is
issued in accordance with section
703(b) of the Tariff Act of 1930, as
amended (the Act). Commerce
published the notice of initiation of this
investigation on August 13, 2024.1 On
September 26, 2024, Commerce
postponed the preliminary
determination of this investigation until
December 16, 2024.2
For a complete description of the
events that followed the initiation of
this investigation, see the Preliminary
Decision Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as Appendix
II to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Scope of the Investigation
The product covered by this
investigation is tungsten shot from
China. For a complete description of the
scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,4 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope).5 No interested
party commented on the scope of the
investigation as it appeared in the
Initiation Notice.
Methodology
Commerce is conducting this
investigation in accordance with section
1 See Certain Tungsten Shot from the People’s
Republic of China: Initiation of Countervailing Duty
Investigation, 89 FR 65852 (August 13, 2024)
(Initiation Notice).
2 See Certain Tungsten Shot from the People’s
Republic of China: Postponement of Preliminary
Determination in the Countervailing Duty
Investigation, 89 FR 78848 (September 26, 2024).
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Affirmative Determination of the
Countervailing Duty Investigation of Certain
Tungsten Shot from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
4 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
5 See Initiation Notice, 89 FR at 65852.
E:\FR\FM\20DEN1.SGM
20DEN1
]]>Agencies
[Federal Register Volume 89, Number 245 (Friday, December 20, 2024)]
[Notices]
[Pages 104080-104083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30387]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-831]
Stainless Steel Sheet and Strip in Coils From Taiwan: Final
Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that the
producers/exporters subject to this administrative review made sales of
subject merchandise at prices less than normal value during the period
of review (POR), July 1, 2022, through June 30, 2023. Additionally,
Commerce determines that two companies for which we initiated a review
had no shipments during the POR.
DATES: Applicable December 20, 2024.
FOR FURTHER INFORMATION CONTACT: Genevieve Coen, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3251.
SUPPLEMENTARY INFORMATION:
Background
On August 16, 2024, Commerce published in the Federal Register the
preliminary results of the 2022-2023 administrative review \1\ of the
antidumping duty order on stainless
[[Page 104081]]
steel sheet and strip in coils from Taiwan.\2\ We invited interested
parties to comment on the Preliminary Results.\3\ On September 16,
2024, domestic interested parties \4\ submitted a case brief.\5\ On
December 9, 2024, Commerce tolled the deadline to issue the final
results in this administrative review by 90 days.\6\ Accordingly, the
deadline for these final results is now March 14, 2025.
---------------------------------------------------------------------------
\1\ See Stainless Steel Sheet and Strip in Coils from Taiwan:
Preliminary Results, Preliminary Determination of No Shipments, and
Rescission, in Part, of Antidumping Administrative Review; 2022-
2023, 89 FR 66683 (August 16, 2024) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See Notice of Antidumping Duty Order; Stainless Steel Sheet
and Strip in Coils from United Kingdom, Taiwan, and South Korea, 64
FR 40555 (July 27, 1999) (Order).
\3\ See Preliminary Results, 89 FR 66683.
\4\ The domestic interested parties are North American Stainless
and Outokumpu Stainless USA LLC (collectively, Domestic Interested
Parties).
\5\ See Domestic Interested Parties' Letter, ``Case Brief
Submitted on Behalf of Domestic Interested Parties,'' dated
September 16, 2024 (Domestic Interested Parties' Case Brief).
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
---------------------------------------------------------------------------
Seven producers and/or exporters of the subject merchandise remain
subject to this review. Commerce selected two companies, Tung Mung
Development Co Ltd. (Tung Mung) and Yieh Trading Corporation (Yieh
Corporation) for individual examination.\7\ Two companies reported
having no shipments during the POR, see ``Determination of No
Shipments'' section below.\8\ The remaining producers and/or exporters
not selected for individual examination are listed in the ``Final
Results of the Review'' section of this notice.
---------------------------------------------------------------------------
\7\ See Memorandum, ``Respondent Selection,'' dated March 4,
2024.
\8\ See Yieh United Steel Corporation's (YUSCO) Letter, ``No
Shipment Certification,'' dated October 11, 2023 (YUSCO No Shipment
Certification); see also Tung Mung's Letters, ``Aluminum Extrusions
from China {sic{time} ,'' dated April 1, 2024; ``Stainless Steel
Sheet and Strip in Coils (SSSSC) from Taiwan,'' dated April 17,
2024.
---------------------------------------------------------------------------
The domestic interested parties did not argue for any changes from
the Preliminary Results. Because Commerce received no comments
requiring changes to the Preliminary Results, we have not modified our
analysis and no decision memorandum accompanies this Federal Register
notice. Accordingly, the final results are unchanged from the
Preliminary Results, and we are adopting the Preliminary Results as the
final results of this review. Commerce conducted this review in
accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act).
Scope of the Order
The merchandise subject to the Order is certain stainless steel
sheet and strip in coils. For a complete description of the scope, see
the appendix to this notice.
Determination of No Shipments
As noted in the Preliminary Results, we received no-shipment claims
from YUSCO and Tung Mung. In the Preliminary Results, we preliminary
determined that YUSCO and Tung Mung made no shipments of subject
merchandise to the United States during the POR. We received no
comments from interested parties with respect to this claim. Therefore,
because the record indicates that these companies did not export
subject merchandise to the United States during the POR, we continue to
find that that they had no reviewable transactions during the POR.
Accordingly, consistent with Commerce's practice, we intend to instruct
U.S. Customs and Border Protection (CBP) to liquidate any existing
entries of merchandise produced or exported by YUSCO and Tung Mung at
the rate for the intermediate reseller, if available, or at the all-
others rate.\9\
---------------------------------------------------------------------------
\9\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------
Rate for Non-Selected Companies
The Act and Commerce's regulations do not address the establishment
of a rate to be applied to companies not selected for individual
examination when Commerce limits its examination in an administrative
review pursuant to section 777A(c)(2) of the Act. Generally, Commerce
looks to section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a less-than-fair-value (LTFV)
investigation, for guidance when calculating the weighted-average
dumping margin for companies which were not selected for individual
examination in an administrative review. Under section 735(c)(5)(A) of
the Act, the all-others rate is normally an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding rates that are zero, de minimis (i.e., less than 0.5
percent), or determined entirely on the basis of facts available.
For the final results, Commerce based the weighted-average dumping
margin for Yieh Corporation, a mandatory respondent in this review,
entirely on facts otherwise available with adverse inferences (AFA).
Further, we found that the mandatory respondent's total AFA dumping
margin of 21.10 percent is reasonably reflective of the non-selected
companies' potential dumping margins during the POR.\10\ Therefore, we
are assigning the margin of 21.10 percent to the four companies not
individually examined.
---------------------------------------------------------------------------
\10\ See Preliminary Results PDM.
---------------------------------------------------------------------------
Final Results of Review
We assigned the following weighted-average dumping margins for the
companies listed below for the period July 1, 2022, through June 30,
2023:
------------------------------------------------------------------------
Weighted-
average
Exporter or producer dumping
margin
(percent)
------------------------------------------------------------------------
Yieh Trading Corporation.................................... 21.10
Review-Specific Average Rate Applicable to the Following
Companies:
Chia Far Industrial Factory Co., Ltd.................... 21.10
Ta Chen Stainless Pipe Company Ltd...................... 21.10
Tang Eng Iron Works Company, Ltd........................ 21.10
Yu Ting Industries Co., Ltd............................. 21.10
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the final results within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of the final results in
the Federal Register, in accordance with 19 CFR 351.224(b). However,
because we have made no changes from the Preliminary Results, there are
no new calculations to disclose in accordance with 19 CFR 351.224(b)
for these final results.
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and CBP shall assess,
antidumping duties on all appropriate entries covered by this review.
For the final results, we will instruct CBP to apply an ad valorem
assessment rate equal to the dumping margins shown above to all entries
of subject merchandise during the POR which were produced and/or
exported by Yieh Corporation. For the companies that were not selected
for individual examination, we will instruct CBP to assess antidumping
duties at the assessment rate assigned to the companies, based on the
methodology described in the ``Rate for Non-Selected Companies''
section, above.
[[Page 104082]]
As indicated above, for YUSCO and Tung Mung, we will instruct CBP
to liquidate any existing entries of merchandise produced by these
companies, but exported by other parties, at the rate for the
intermediate reseller, if available, or at the all-others rate.
Commerce intends to issue appropriate assessment instructions to
CBP no earlier than 35 days after the date of publication of the final
results of this review in the Federal Register. If a timely summons is
filed at the U.S. Court of International Trade, the assessment
instructions will direct CBP not to liquidate relevant entries until
the time for parties to file a request for a statutory injunction has
expired (i.e., within 90 days of publication).\11\
---------------------------------------------------------------------------
\11\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for each company
listed above will be that established in the final results of this
review; (2) for previously reviewed or investigated companies not
participating in this review, the cash deposit rate will continue to be
the company-specific rate published for the most recently-completed
segment of this proceeding in which the company was reviewed; (3) if
the exporter is not a firm covered in this review, or a previous
segment, but the producer is, then the cash deposit rate will be the
rate established for the most recently completed segment for the
producer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters will continue to be 12.61 percent, the
all-others rate established in the less-than-fair-value
investigation.\12\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\12\ See Order.
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return or destruction of APO materials
or conversion to judicial protective order is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5)
Dated: December 13, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
The merchandise subject to the Order are certain stainless steel
sheet and strip in coils. Stainless steel is an alloy steel
containing, by weight, 1.2 percent or less of carbon and 10.5
percent or more of chromium, with or without other elements. The
subject sheet and strip is a flat-rolled product in coils that is
greater than 9.5 mm in width and less than 4.75 mm in thickness, and
that is annealed or otherwise heat treated and pickled or otherwise
descaled. The subject sheet and strip may also be further processed
(e.g., cold-rolled, polished, aluminized, coated, etc.) provided
that it maintains the specific dimensions of sheet and strip
following such processing.
The products subject to the Order are classified in the
Harmonized Tariff Schedule of the United States (HTSUS) statistical
reporting numbers 7219.13.00.31, 7219.13.00.51, 7219.13.00.71,
7219.13.00.81, 7219.14.00.30, 7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20, 7219.32.00.25, 7219.32.00.35,
7219.32.00.36, 7219.32.00.38, 7219.32.00.42, 7219.32.00.44,
7219.33.00.05, 7219.33.00.20, 7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38, 7219.33.00.42, 7219.33.00.44,
7219.34.00.05, 7219.34.00.20, 7219.34.00.25, 7219.34.00.30,
7219.34.00.35, 7219.35.00.05, 7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80, 7220.12.10.00, 7220.12.50.00,
7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.20.70.05, 7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80, 7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, and
7220.90.00.80. Although the HTS subheadings are provided for
convenience and Customs purposes, Commerce's written description of
the merchandise is dispositive.
Excluded from the scope of the Order are the following: (1)
sheet and strip that is not annealed or otherwise heat treated and
pickled or otherwise descaled, (2) sheet and strip that is cut to
length, (3) plate (i.e., flat-rolled stainless steel products of a
thickness of 4.75 mm or more), (4) flat wire (i.e., cold-rolled
sections, with a prepared edge, rectangular in shape, of a width of
not more than 9.5 mm), and (5) razor blade steel. Razor blade steel
is a flat-rolled product of stainless steel, not further worked than
cold-rolled (cold-reduced), in coils, of a width of not more than 23
mm and a thickness of 0.266 mm or less, containing, by weight, 12.5
to 14.5 percent chromium, and certified at the time of entry to be
used in the manufacture of razor blades. See Chapter 72 of the
HTSUS, ``Additional U.S. Note'' ' 1(d).
Also excluded from the scope of the Order are certain specialty
stainless steel products described below. Flapper valve steel is
defined as stainless steel strip in coils containing, by weight,
between 0.37 and 0.43 percent carbon, between 1.15 and 1.35 percent
molybdenum, and between 0.20 and 0.80 percent manganese. This steel
also contains, by weight, phosphorus of 0.025 percent or less,
silicon of between 0.20 and 0.50 percent, and sulfur of 0.020
percent or less. The product is manufactured by means of vacuum arc
remelting, with inclusion controls for sulphide of no more than 0.04
percent and for oxide of no more than 0.05 percent. Flapper valve
steel has a tensile strength of between 210 and 300 ksi, yield
strength of between 170 and 270 ksi, plus or minus 8 ksi, and a
hardness (Hv) of between 460 and 590. Flapper valve steel is most
commonly used to produce specialty flapper valves in compressors.
Also excluded is a product referred to as suspension foil, a
specialty steel product used in the manufacture of suspension
assemblies for computer disk drives. Suspension foil is described as
302/304 grade or 202 grade stainless steel of a thickness between 14
and 127 microns, with a thickness tolerance of plus-or-minus 2.01
microns, and surface glossiness of 200 to 700 percent Gs. Suspension
foil must be supplied in coil widths of not more than 407 mm, and
with a mass of 225 kg or less. Roll marks may only be visible on one
side, with no scratches of measurable depth. The material must
exhibit residual stresses of 2 mm maximum deflection, and flatness
of 1.6 mm over 685 mm length.
Certain stainless steel foil for automotive catalytic converters
is also excluded from the scope of the Order. This stainless steel
strip in coils is a specialty foil with a thickness of between 20
and 110 microns used to produce a metallic substrate with a
honeycomb structure for use in automotive catalytic converters. The
steel contains, by weight, carbon of no more than 0.030 percent,
silicon of no more than 1.0 percent, manganese of no more than 1.0
percent, chromium of between 19 and 22 percent, aluminum of no less
than
[[Page 104083]]
5.0 percent, phosphorus of no more than 0.045 percent, sulfur of no
more than 0.03 percent, lanthanum of less than 0.002 or greater than
0.05 percent, and total rare earth elements of more than 0.06
percent, with the balance iron.
Permanent magnet iron-chromium-cobalt alloy stainless strip is
also excluded from the scope of the Order. This ductile stainless
steel strip contains, by weight, 26 to 30 percent chromium, and 7 to
10 percent cobalt, with the remainder of iron, in widths 228.6 mm or
less, and a thickness between 0.127 and 1.270 mm. It exhibits
magnetic remanence between 9,000 and 12,000 gauss, and a coercivity
of between 50 and 300 oersteds. This product is most commonly used
in electronic sensors and is currently available under proprietary
trade names such as ``Arnokrome III.'' \13\
---------------------------------------------------------------------------
\13\ ``Arnokrome III'' ' is a trademark of the Arnold
Engineering Company.
---------------------------------------------------------------------------
Certain electrical resistance alloy steel is also excluded from
the scope of the Order. This product is defined as a non-magnetic
stainless steel manufactured to American Society of Testing and
Materials (ASTM) specification B344 and containing, by weight, 36
percent nickel, 18 percent chromium, and 46 percent iron, and is
most notable for its resistance to high temperature corrosion. It
has a melting point of 1390 degrees Celsius and displays a creep
rupture limit of 4 kilograms per square millimeter at 1000 degrees
Celsius. This steel is most commonly used in the production of
heating ribbons for circuit breakers and industrial furnaces, and in
rheostats for railway locomotives. The product is currently
available under proprietary trade names such as ``Gilphy 36.'' \14\
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\14\ ``Gilphy 36'' ' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------
Certain martensitic precipitation-hardenable stainless steel is
also excluded from the scope of the Order. This high-strength,
ductile stainless steel product is designated under the Unified
Numbering System (UNS) as S45500-grade steel, and contains, by
weight, 11 to 13 percent chromium, and 7 to 10 percent nickel.
Carbon, manganese, silicon and molybdenum each comprise, by weight,
0.05 percent or less, with phosphorus and sulfur each comprising, by
weight, 0.03 percent or less. This steel has copper, niobium, and
titanium added to achieve aging, and will exhibit yield strengths as
high as 1700 Mpa and ultimate tensile strengths as high as 1750 Mpa
after aging, with elongation percentages of 3 percent or less in 50
mm. It is generally provided in thicknesses between 0.635 and 0.787
mm, and in widths of 25.4 mm. This product is most commonly used in
the manufacture of television tubes and is currently available under
proprietary trade names such as ``Durphynox 17.'' \15\
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\15\ ``Durphynox 17'' ' is a trademark of Imphy, S.A.
---------------------------------------------------------------------------
Finally, three specialty stainless steels typically used in
certain industrial blades and surgical and medical instruments are
also excluded from the scope of the Order. These include stainless
steel strip in coils used in the production of textile cutting tools
(e.g., carpet knives).\16\ This steel is similar to AISI grade 420
but containing, by weight, 0.5 to 0.7 percent of molybdenum. The
steel also contains, by weight, carbon of between 1.0 and 1.1
percent, sulfur of 0.020 percent or less, and includes between 0.20
and 0.30 percent copper and between 0.20 and 0.50 percent cobalt.
This steel is sold under proprietary names such as ``GIN4 Mo.'' The
second excluded stainless steel strip in coils is similar to AISI
420-J2 and contains, by weight, carbon of between 0.62 and 0.70
percent, silicon of between 0.20 and 0.50 percent, manganese of
between 0.45 and 0.80 percent, phosphorus of no more than 0.025
percent and sulfur of no more than 0.020 percent. This steel has a
carbide density on average of 100 carbide particles per 100 square
microns. An example of this product is ``GIN5'' steel. The third
specialty steel has a chemical composition similar to AISI 420 F,
with carbon of between 0.37 and 0.43 percent, molybdenum of between
1.15 and 1.35 percent, but lower manganese of between 0.20 and 0.80
percent, phosphorus of no more than 0.025 percent, silicon of
between 0.20 and 0.50 percent, and sulfur of no more than 0.020
percent. This product is supplied with a hardness of more than Hv
500 guaranteed after customer processing, and is supplied as, for
example, ``GIN6''.\17\
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\16\ This list of uses is illustrative and provided for
descriptive purposes only.
\17\ ``GIN4 Mo,'' ``GIN5'' ' and ``GIN6'' ' are the proprietary
grades of Hitachi Metals America, Ltd.
[FR Doc. 2024-30387 Filed 12-19-24; 8:45 am]
BILLING CODE 3510-DS-P
