Notice2021-28402
Certain Cold-Rolled Steel Flat Products of Brazil: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order
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
January 3, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this expedited sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain cold-rolled steel flat products (CRS) from Brazil would be likely to lead to continuation or recurrence of countervailable subsidies at the levels as indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 1 (Monday, January 3, 2022)</title>
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[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 77-78]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28402]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-844]
Certain Cold-Rolled Steel Flat Products of Brazil: Final Results
of the Expedited First Sunset Review of the Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the Department of
Commerce (Commerce) finds that revocation of the countervailing duty
(CVD) order on certain cold-rolled steel flat products (CRS) from
Brazil would be likely to lead to continuation or recurrence of
countervailable subsidies at the levels as indicated in the ``Final
Results of Sunset Review'' section of this notice.
DATES: Applicable January 3, 2022.
FOR FURTHER INFORMATION CONTACT: Alex Wood or Steven Seifert, 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) 482-1959 or (202) 482-3350,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2016, Commerce published in the Federal Register a
notice of the CVD order on CRS from Brazil.\1\ On June 1, 2021,
Commerce published the notice of initiation of the first five-year
(sunset) review of the Order, pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).\2\ Commerce received notices of
intent to participate from Cleveland-Cliffs Inc., Nucor Corporation,
Steel Dynamics Inc., and United States Steel Corporation (collectively,
domestic interested parties) within the deadline specified in 19 CFR
351.218(d)(1)(i).\3\
[[Page 78]]
The domestic interested parties claimed interested party status under
section 771(9)(C) of the Act as manufacturers or producers of the
domestic like product.\4\
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\1\ See Certain Cold-Rolled Steel Flat Products from Brazil,
India, and the Republic of Korea: Amended Final Affirmative
Countervailing Duty Determination and Countervailing Duty Order (the
Republic of Korea) and Countervailing Duty Orders (Brazil and
India), 81 FR 64436 (September 20, 2016) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 29239
(June 1, 2021) (Initiation Notice).
\3\ See Cleveland-Cliffs Inc.'s Letter, ``Notice of Intent to
Participate in Sunset Review,'' dated June 14, 2021; Nucor
Corporation's Letter, ``Notice of Intent to Participate in Sunset
Review,'' dated June 16, 2021; United States Steel Corporation's
Letter, ``Notice of Intent to Participate,'' dated June 16, 2021;
Steel Dynamic Inc.'s Letter, ``Notice of Intent to Participate,''
dated June 16, 2021.
\4\ See id.
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On July 1, 2021, Commerce received an adequate substantive response
to the Initiation Notice from the domestic interested parties within
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce
also received a response from the Government of Brazil (GOB).\6\
However, we did not receive a substantive response from any other
interested party in this proceeding. On July 22, 2021, Commerce
notified the U.S. International Trade Commission that it did not
receive an adequate substantive response from respondent interested
parties.\7\ As a result, Commerce conducted an expedited (120-day)
sunset review of the Order. On September 1, 2021, officials from
Commerce and the GOB met to discuss certain procedural aspects of the
expedited sunset review on CRS from Brazil.\8\
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\5\ See Domestic Interested Parties' Letter, ``Domestic
Industry's Substantive Response to Notice of Initiation,'' dated
July 1, 2021.
\6\ See GOB's Letter, ``Initial Comments,'' dated August 31,
2021. The GOB initially filed its comments on June 30, 2021, but we
subsequently requested that the GOB revise the bracketing of certain
information in its submission and refile it. See Commerce's Letter,
``Five-Year (``Sunset'') Review of Cold-Rolled Steel Flat Products
from Brazil: Rejection of Response to Notice of Initiation,'' dated
August 25, 2021.
\7\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1,
2021,'' dated July 22, 2021.
\8\ See Memorandum, ``Meeting with Government of Brazil,'' dated
September 7, 2021.
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Scope of the Order
The products covered by this order 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 subject to this order are currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers: 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 this order may also enter under the following HTSUS
numbers: 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.\9\
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\9\ For a complete description of the scope of the Order, see
Memorandum, ``Issues and Decision Memorandum for the Final Results
of the First Sunset Review of the Countervailing Duty Order on
Certain Hot-Rolled Steel Flat Products from Brazil,'' dated
concurrently with, and herby adopted by, this notice (Issues and
Decision Memorandum).
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Analysis of Comments Received
A complete discussion of all issues raised in this sunset review,
including the likelihood of continuation or recurrence of subsidization
in the event of revocation of the Order and the countervailable subsidy
rates likely to prevail if the Order were to be revoked, is provided in
the Issues and Decision Memorandum. A list of the topics discussed in
the Issues and Decision Memorandum is attached as an appendix to this
notice. The Issues and 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Results of Sunset Review
Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce
determines that revocation of the Order would be likely to lead to
continuation or recurrence of countervailable subsidies at the
following rates:
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Net
countervailable
Manufacturer/producer/exporter subsidy
(percent)
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Companhia Siderurgica Nacional (CSN)................... 11.31
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas).... 11.09
All Others............................................. 11.20
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Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305, which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/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
Commerce is issuing and publishing these final results and notice
in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act.
Dated: December 27, 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.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of a Countervailable
Subsidy
2. Net Countervailable Subsidy Rates Likely to Prevail
3. Nature of the Subsidiesy
VII. Final Results of the Sunset Review
VIII. Recommendation
[FR Doc. 2021-28402 Filed 12-30-21; 8:45 am]
BILLING CODE 3510-DS-P
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