Notice2021-24649
Certain Cold-Rolled Steel Flat Products From the United Kingdom: Final Results of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 12, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that the sole producer or exporter subject to this review made sales of subject merchandise in the United States at less than normal value during the period of review (POR), September 1, 2019, through August 31, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 216 (Friday, November 12, 2021)</title>
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[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62784-62786]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24649]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-412-824]
Certain Cold-Rolled Steel Flat Products From the United Kingdom:
Final Results of Antidumping Duty Administrative Review; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the sole
producer or exporter subject to this review made sales of subject
merchandise in the United States at less than normal value during the
period of review (POR), September 1, 2019, through August 31, 2020.
DATES: Applicable November 12, 2021.
FOR FURTHER INFORMATION CONTACT: Claudia Cott, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington DC 20230; telephone: (202) 482-4270.
SUPPLEMENTARY INFORMATION:
Background
On July 8, 2021, Commerce published the Preliminary Results of the
2019-2020 administrative review of the antidumping duty order on
certain cold-rolled steel flat products (cold-rolled steel) from the
United Kingdom.\1\ This administrative review covers one producer or
exporter of the subject merchandise, Liberty Performance Steels, Ltd.
(Liberty). We invited parties to comment on the Preliminary Results.\2\
No party submitted comments. On August 9, 2021, AK Steel Corporation
(AK Steel, a domestic producer and one of the companies which comprised
the original petitioner group) requested that a hearing be held in this
review, pursuant to 19 CFR 351.310(c). On September 15, 2021, AK Steel
withdrew its request.\3\
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\1\ See Certain Cold-Rolled Steel Flat Products from the United
Kingdom: Preliminary Results of Antidumping Duty Administrative
Review; 2019-2020, 86 FR 36095 (July 8, 2021) (Preliminary Results).
\2\ Id.
\3\ See AK Steel's Letters, ``Cold-Rolled Steel Flat Products
from the United Kingdom/Petitioner's Request for a Hearing,'' dated
August 9, 2021; and ``Cold-Rolled Steel Flat Products from the
United Kingdom/Petitioner's Withdrawal of Its Hearing Request,''
dated September 15, 2021.
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Commerce conducted this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by this Order \4\ are certain cold-rolled
(cold-reduced), flat-rolled steel products, whether or not annealed,
painted, varnished, or coated with plastics or other non-metallic
substances. The products covered do not include those that are clad,
plated, or coated with metal. The products covered include coils that
have a width or other lateral measurement (``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:
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\4\ See Certain Cold-Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20,
2016) (Order).
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(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 this Order are products in
which: (1) Iron predominates, by weight, over each of the other
contained elements; (2) the carbon content is 2 percent or less, by
weight; and (3) none of the elements listed below exceeds the quantity,
by weight, respectively indicated:
<bullet> 2.50 percent of manganese, or
<bullet> 3.30 percent of silicon, or
<bullet> 1.50 percent of copper, or
<bullet> 1.50 percent of aluminum, or
<bullet> 1.25 percent of chromium, or
<bullet> 0.30 percent of cobalt, or
<bullet> 0.40 percent of lead, or
<bullet> 2.00 percent of nickel, or
<bullet> 0.30 percent of tungsten (also called wolfram), or
<bullet> 0.80 percent of molybdenum, or
<bullet> 0.10 percent of niobium (also called columbium), or
<bullet> 0.30 percent of vanadium, or
<bullet> 0.30 percent of zirconium.
Unless specifically excluded, products are included in this scope
regardless of levels of boron and titanium.
For example, specifically included in this scope are vacuum
degassed, fully stabilized (commonly referred to as interstitial-free
(IF)) steels, high strength
[[Page 62785]]
low alloy (HSLA) steels, motor lamination steels, Advanced High
Strength Steels (AHSS), and Ultra High Strength Steels (UHSS). IF
steels are recognized as low carbon steels with micro-alloying levels
of elements such as titanium and/or niobium added to stabilize carbon
and nitrogen elements. HSLA steels are recognized as steels with micro-
alloying levels of elements such as chromium, copper, niobium,
titanium, vanadium, and molybdenum. Motor lamination steels contain
micro-alloying levels of elements such as silicon and aluminum. AHSS
and UHSS are considered high tensile strength and high elongation
steels, although AHSS and UHSS are covered whether or not they are high
tensile strength or high elongation steels.
Subject merchandise includes cold-rolled steel that has been
further processed in a third country, including but not limited to
annealing, tempering, painting, varnishing, trimming, cutting,
punching, and/or slitting, or any other processing that would not
otherwise remove the merchandise from the scope of the Order if
performed in the country of manufacture of the cold-rolled steel.
All products that meet the written physical description, and in
which the chemistry quantities do not exceed any one of the noted
element levels listed above, are within the scope of the Order unless
specifically excluded. The following products are outside of and/or
specifically excluded from the scope of the Order:
<bullet> Ball bearing steels; \5\
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\5\ Ball bearing steels are defined as steels which contain, in
addition to iron, each of the following elements by weight in the
amount specified: (i) Not less than 0.95 nor more than 1.13 percent
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv)
none, or not more than 0.03 percent of phosphorus; (v) not less than
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25
nor more than 1.65 percent of chromium; (vii) none, or not more than
0.28 percent of nickel; (viii) none, or not more
than 0.38 percent of copper; and (ix) none, or not more than
0.09 percent of molybdenum.
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<bullet> Tool steels; \6\
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\6\ Tool steels are defined as steels which contain the
following combinations of elements in the quantity by weight
respectively indicated: (i) More than 1.2 percent carbon and more
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon
and 1.25 percent or more but less than 10.5 percent chromium; or
(iii) not less than 0.85 percent carbon and 1 percent to 1.8
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent,
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive,
molybdenum; or (v) not less than 0.5 percent carbon and not less
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent
carbon and not less than 5.5 percent tungsten.
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<bullet> Silico-manganese steel; \7\
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\7\ Silico-manganese steel is defined as steels containing by
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or
more but not more than 1.9 percent of manganese, and (iii) 0.6
percent or more but not more than 2.3 percent of silicon.
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<bullet> Grain-oriented electrical steels (GOES) as defined in the
final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel From Germany, Japan, and Poland.\8\
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\8\ See Grain-Oriented Electrical Steel from Germany, Japan, and
Poland: Final Determinations of Sales at Less Than Fair Value and
Certain Final Affirmative Determination of Critical Circumstances,
79 FR 42501, 42503 (July 22, 2014). This determination defines
grain-oriented electrical steel as ``a flat-rolled alloy steel
product containing by weight at least 0.6 percent but not more than
6 percent of silicon, not more than 0.08 percent of carbon, not more
than 1.0 percent of aluminum, and no other element in an amount that
would give the steel the characteristics of another alloy steel, in
coils or in straight lengths.''
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<bullet> Non-Oriented Electrical Steels (NOES), as defined in the
antidumping orders issued by the U.S. Department of Commerce in Non-
Oriented Electrical Steel From the People's Republic of China, Germany,
Japan, the Republic of Korea, Sweden, and Taiwan.\9\
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\9\ See Non-Oriented Electrical Steel from the People's Republic
of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan:
Antidumping Duty Orders, 79 FR 71741, 71741-42 (December 3, 2014).
The orders define NOES as ``cold-rolled, flat-rolled, alloy steel
products, whether or not in coils, regardless of width, having an
actual thickness of 0.20 mm or more, in which the core loss is
substantially equal in any direction of magnetization in the plane
of the material. The term `substantially equal' means that the cross
grain direction of core loss is no more than 1.5 times the straight
grain direction (i.e., the rolling direction) of core loss. NOES has
a magnetic permeability that does not exceed 1.65 Tesla when tested
at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e.,
parallel to) the rolling direction of the sheet (i.e., B800 value).
NOES contains by weight more than 1.00 percent of silicon but less
than 3.5 percent of silicon, not more than 0.08 percent of carbon,
and not more than 1.5 percent of aluminum. NOES has a surface oxide
coating, to which an insulation coating may be applied.''
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The products subject to the Order are currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under
subheadings: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070,
7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091,
7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580,
7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000,
7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000,
7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090,
7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080,
7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The
products subject to the Order may also enter under the following HTSUS
subheadings: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080,
7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063,
7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000,
7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180,
7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and
7229.90.1000.
The HTSUS subheadings above are provided for convenience and U.S.
Customs purposes only. The written description of the scope of the
Order is dispositive.
Final Results of Review
As noted above, Commerce received no comments concerning the
Preliminary Results. As there are no changes from, or comments upon,
the Preliminary Results, Commerce finds that there is no reason to
modify its analysis and calculations. Accordingly, we adopt the
analysis and explanation in our Preliminary Results for the purposes of
these final results of review and we have not prepared an Issues and
Decision Memorandum to accompany this Federal Register notice. In
addition, we find that the final weighted-average dumping margin of
8.65 percent exists for entries of subject merchandise that were
produced or exported by Liberty Performance Steels, Ltd. during the
POR.
Assessment Rates
Commerce intends to determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries covered by this review, in accordance with section 751(a)(2)(C)
of the Act and 19 CFR 351.212(b). Commerce intends to issue 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).
For Liberty, we calculated importer-specific assessment rates on
the basis of the ratio of the total amount of dumping calculated for
each importer's examined
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sales and the total entered value of those sales in accordance with 19
CFR 351.212(b)(1).\10\ Where an importer-specific assessment rate is de
minimis (i.e., less than 0.5 percent), the entries by that importer
will be liquidated without reference to antidumping duties.
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\10\ In these final results, Commerce applied the assessment
rate calculation method adopted in Antidumping Proceedings:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Duty Proceedings; Final Modification, 77
FR 8101 (February 14, 2012).
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For entries of subject merchandise during the POR produced by
Liberty for which it did not know that its merchandise was destined for
the United States, we intend to instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\11\
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\11\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of cold-rolled steel from the United Kingdom entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this administrative review in the
Federal Register, as provided by section 751(a)(2) of the Act: (1) The
cash deposit rate for Liberty will be equal to the weighted-average
dumping margin listed above for the final results of this
administrative review; (2) for merchandise exported by companies not
covered in this review, but covered in the most recently completed
segment of this proceeding, the cash deposit rate will continue to be
the company-specific rate published for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original investigation, but the producer is, then the cash deposit
rate will be the company-specific rate established for the most
recently completed segment for the producer of the merchandise; (4) the
cash deposit rate for all other producers or exporters will continue to
be 22.58 percent, the all-others rate established in the less-than-
fair-value investigation.\12\
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\12\ See Order, 81 FR at 64434.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
Disclosure
Normally, Commerce discloses to the parties in a proceeding the
calculations performed in connection with a final results of review
within five days after public announcement of final results.\13\
However, because Commerce made no adjustments to the margin calculation
methodology used in the Preliminary Results, there are no revised
calculations to disclose for the final results of review.
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\13\ See 19 CFR 351.224(b).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this 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 doubled antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the 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 the 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 violation which is subject to sanction.
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: November 5, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2021-24649 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 12, 2021.
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