Certain Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, and the United Kingdom: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders
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Issuing agencies
Abstract
As a result of these expedited sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on certain hot-rolled steel flat products (hot-rolled steel) from Australia, Brazil, Japan, the Republic of Korea (Korea), the Netherlands, the Republic of Turkey (Turkey), and the United Kingdom would be likely to lead to continuation or recurrence of dumping as indicated in the "Final Results of Sunset Review" section of this notice.
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<title>Federal Register, Volume 87 Issue 4 (Thursday, January 6, 2022)</title>
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[Federal Register Volume 87, Number 4 (Thursday, January 6, 2022)]
[Notices]
[Pages 751-753]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00019]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-809, A-351-845, A-588-874, A-580- 883, A-421-813, A-489-826, A-
412-825]
Certain Hot-Rolled Steel Flat Products From Australia, Brazil,
Japan, the Republic of Korea, the Netherlands, the Republic of Turkey,
and the United Kingdom: Final Results of the Expedited Sunset Reviews
of the Antidumping Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these expedited sunset reviews, the Department
of Commerce (Commerce) finds that revocation of the antidumping duty
(AD) orders on certain hot-rolled steel flat products (hot-rolled
steel) from Australia, Brazil, Japan, the Republic of Korea (Korea),
the Netherlands, the Republic of Turkey (Turkey), and the United
Kingdom would be likely to lead to continuation or recurrence of
dumping as indicated in the ``Final Results of Sunset Review'' section
of this notice.
DATES: Applicable January 6, 2022.
[[Page 752]]
FOR FURTHER INFORMATION CONTACT: Zachary Le Vene, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0056.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2021, Commerce published the notice of initiation
of the sunset reviews of the AD orders on hot-rolled steel from
Australia, Brazil, Japan, Korea, the Netherlands, Turkey, and the
United Kingdom \1\ pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act).\2\ In accordance with 19 CFR
351.218(d)(1)(i) and (ii), Commerce received notices of intent to
participate in these sunset reviews from California Steel Industries,
Steel Dynamics, Inc., Nucor Corporation, Cleveland-Cliffs Inc., and
United States Steel Corporation (domestic interested parties) within 15
days after the date of publication of the Initiation Notice.\3\ On
September 20, 2021, Commerce received a request to amend received
notices to include SSAB Enterprises LLC (SSAB) in the reviews.\4\ The
domestic interested parties claimed interested party status under
section 771(9)(C) of the Act, as domestic producers of hot-rolled steel
in the United States.\5\
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\1\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016), as amended, Certain Hot-Rolled Steel Flat
Products from Turkey: Notice of Court Decision Not in Harmony with
the Amended Final Determination in the Less-Than-Fair-Value
Investigation; Notice of Amended Final Determination, Amended
Antidumping Duty Order, Notice of Revocation of Antidumping Duty
Order in Part; and Discontinuation of the 2017-18 and 2018-19
Antidumping Duty Administrative Reviews, in Part, 85 FR 29399 (May
15, 2020) (AD Orders).
\2\ See Initiation Notice of Five-Year (Sunset) Reviews, 86 FR
48983 (September 1, 2021) (Initiation Notice).
\3\ See Domestic Interested Parties' Letters, ``Five-Year
(``Sunset'') Review Of Antidumping Duty Order On Certain Hot-Rolled
Steel Flat Products from Australia: Notice of Intent to Participate
in Sunset Review,'' dated September 16, 2021; ``Five-Year (`Sunset')
Review of Antidumping Duty Order on Certain Hot-Rolled Steel Flat
Products from Australia: Notice of Intent to Participate,'' dated
September 16, 2021; ``Notice of Intent to Participate in the First
Five-Year Review of the Antidumping Duty Order on Hot-Rolled Steel
Flat Products from Australia,'' dated September 16, 2021; ``Notice
of Intent to Participate in the First Five-Year Review of the
Antidumping Duty Order on Hot-Rolled Steel Flat Products from
Australia'' as amended to include SSAB Enterprises LLC (SSAB), dated
September 16, 2021 and amended September 20, 2021; ``Hot-Rolled
Steel Flat Products from Australia: Notice of Intent to Participate
in Sunset Review,'' dated September 16, 2021; ``Five-Year (`Sunset')
Review of Antidumping Duty Order on Certain Hot-Rolled Steel Flat
Products from Brazil: Notice of Intent to Participate in Sunset
Review,'' dated September 16, 2021; ``Five-Year (`Sunset') Review of
Antidumping and Countervailing Duty Orders on Certain Hot-Rolled
Steel Flat Products from Brazil: Notice of Intent to Participate,''
dated September 16, 2021; ``Notice of Intent to participate in the
First Five-Year Review of the Antidumping Duty Order on Hot-Rolled
Steel Flat Products from Brazil'' as amended to include SSAB
Enterprises LLC (SSAB), dated September 16, 2021 and amended
September 20, 2021; ``Hot-Rolled Steel Flat Products from Brazil:
Notice of Intent to Participate in Sunset Review,'' dated September
16, 2021; ``Five-Year (`Sunset') Review of Antidumping Duty Order on
Certain Hot-Rolled Steel Flat Products from Japan: Notice of Intent
to Participate in Sunset Review,'' dated September 16, 2021;
``Notice of Intent to Participate in the First Five-Year Review of
the Antidumping Duty Order on Hot-Rolled Steel Flat Products from
Japan'' as amended to include SSAB Enterprises LLC (SSAB), dated
September 16, 2021 and amended September 20, 2021; ``Five-Year
(`Sunset') Review of Antidumping Duty Order on Certain Hot-Rolled
Steel Flat Products from Japan: Notice of Intent to Participate,''
dated September 16, 2021; ``Hot-Rolled Steel Flat Products from
Japan: Notice of Intent to Participate in Sunset Review,'' dated
September 16, 2021; ``Five-Year (`Sunset') Review of Antidumping
Duty Order on Certain Hot-Rolled Steel Flat Products from the
Republic of Korea: Notice of Intent to Participate in Sunset
Review,'' dated September 16, 2021; ``Five-Year (`Sunset') Review of
Antidumping and Countervailing Duty Orders on Certain Hot-Rolled
Steel Flat Products from the Republic of Korea: Notice of Intent to
Participate,'' dated September 16, 2021; ``Notice of Intent to
Participate in the First Five-Year Review of the Antidumping Duty
Order on Hot-Rolled Steel Flat Products from Korea'' as amended to
include SSAB Enterprises LLC (SSAB), dated September 16, 2021 and
amended September 20, 2021; ``Hot-Rolled Steel Flat Products from
the Republic of Korea: Notice of Intent to Participate in Sunset
Review,'' dated September 16, 2021; ``Five-Year (`Sunset') Review of
Antidumping Duty Order on Certain Hot-Rolled Steel Flat Products
from the Netherlands: Notice of Intent to Participate in Sunset
Review,'' dated September 16, 2021; ``Five-Year (`Sunset') Review of
Antidumping Duty Order on Certain Hot-Rolled Steel Flat Products
from the Netherlands: Notice of Intent to Participate,'' dated
September 16, 2021; ``Notice of Intent to Participate in the First
Five-Year Review of the Antidumping Duty Order on Hot-Rolled Steel
Flat Products from the Netherlands'' as amended to include SSAB
Enterprises LLC (SSAB), dated September 16, 2021 and amended
September 20, 2021; ``Hot-Rolled Steel Flat Products from the
Netherlands: Notice of Intent to Participate in Sunset Review,''
dated September 16, 2021; ``Five-Year (``Sunset'') Review of
Antidumping Duty Order on Certain Hot-Rolled Steel Flat Products
from the Republic of Turkey: Notice of Intent to Participate in
Sunset Review,'' dated September 16, 2021; ``Five-Year (`Sunset')
Review of Antidumping Duty Order on Certain Hot-Rolled Steel Flat
Products from the Republic of Turkey: Notice of Intent to
Participate,'' dated September 16, 2021; ``Notice of Intent to
Participate in the First Five-Year Review of the Antidumping Duty
Order on Hot-Rolled Steel Flat Products from Turkey'' as amended to
include SSAB Enterprises LLC (SSAB), dated September 16, 2021 and
amended September 20, 2021; ``Hot-Rolled Steel Flat Products from
Turkey: Notice of Intent to Participate in Sunset Review,'' dated
September 16, 2021; ``Five-Year (`Sunset') Review of Antidumping
Duty Order on Certain Hot-Rolled Steel Flat Products from the United
Kingdom: Notice of Intent to Participate in Sunset Review,'' dated
September 16, 2021; ``Five-Year (`Sunset') Review of Antidumping
Duty Order on Certain Hot-Rolled Steel Flat Products from the United
Kingdom: Notice of Intent to Participate,'' dated September 16,
2021; ``Notice of Intent to Participate in the First Five-Year
Review of the Antidumping Duty order on Hot-Rolled Steel Flat
Products from the United Kingdom'' as amended to include SSAB
Enterprises LLC (SSAB), dated September 16, 2021 and amended
September 20, 2021; ``Hot-Rolled Steel Flat Products from the United
Kingdom: Notice of Intent to Participate in Sunset Review,'' dated
September 16, 2021 (collectively, Notices of Intent to Participate).
\4\ See Interested Parties' Letters, ``Amendment to Notice of
Intent to Participate in the First Five-Year Review of the
Antidumping Duty Order on Hot-Rolled Steel Flat Products from
Australia''; ``Amendment to Notice of Intent to Participate in the
First Five-Year Review of the Antidumping Duty Order on Hot-Rolled
Steel Flat Products from Brazil''; ``Amendment to notice of Intent
to Participate in the First Five-Year Review of the Antidumping Duty
Order on Hot-Rolled Steel Flat Products from Japan''; ``Amendment to
Notice of Intent to Participate in the First Five-Year Review of the
Antidumping Duty order on Hot-Rolled Steel Flat Products from
Korea''; ``Amendment to Notice of Intent to Participate in the First
Five-Year Review of the Antidumping Duty order on Hot-Rolled Steel
Flat Products from the Netherlands''; ``Amendment to Notice of
Intent to Participate in the First Five-year Review of the
Antidumping Duty Order on Hot-Rolled Steel Flat Products from
Turkey''; ``Amendment to Notice of Intent to Participate in the
First Five-Year Review of the Antidumping Duty Order on Hot-Rolled
Steel Flat Products from the United Kingdom,'' each dated September
20, 2021.
\5\ Note that some domestic interested parties are not
participating in every review. See country-specific substantive
responses for a specific list of the domestic interested parties
participating in each county review.
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Commerce received adequate substantive responses to the Initiation
Notice from the domestic interested parties within the 30-day period
specified in 19 CFR 351.218(d)(3)(i).\6\ Commerce received no
substantive responses from any respondent interested parties.
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\6\ See Domestic Interested Parties' Letters, ``Hot-Rolled Steel
Flat Products from Australia: Substantive Response of the Domestic
Interested Parties to Commerce's Notice of Initiation of Five-Year
(`Sunset') Reviews,'' dated September 30, 2021; ``Hot-Rolled Steel
Flat Products from Japan: Substantive Response of the Domestic
Interested Parties to Commerce's Notice of Initiation of Five-Year
(`Sunset') Reviews,'' dated September 30, 2021; ``First Five-years
(``Sunset'') Review of the Antidumping Order on Hot-Rolled Steel
Flat Products from Brazil: Domestic Industry's Substantive Response
to Notice of Initiation,'' dated September 30, 2021; ``Five-Year
(`Sunset'') Review of Antidumping Duty Order on Certain Hot-Rolled
Steel Flat Products from the Netherlands: Domestic Industry
Substantive Response,'' dated September 29, 2021; ``Five-Year
(`Sunset') Review of Antidumping Duty Order on Certain Hot-Rolled
Steel Flat Products from the United Kingdom: Domestic Industry
Substantive Response,'' dated September 29, 2021 (collectively,
Domestic Interested Parties' Substantive Responses).
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On October 21, 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
[[Page 753]]
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day)
sunset reviews of the AD Orders.
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\7\ See Commerce's Letter, ``Sunset Reviews Initiated on
September 1, 2021,'' dated October 21, 2021.
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Scope of the AD Orders
The merchandise subject to the AD Orders is hot-rolled steel flat
products. A full description of the scope of the AD Orders is contained
in the Issues and Decision Memorandum.\8\ The written description is
dispositive.
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\8\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited Sunset Reviews of the Antidumping Duty Orders on Certain
Hot-Rolled Steel Flat Products from Australia, Brazil, Japan, the
Republic of Korea, the Netherlands, the Republic of Turkey, and the
United Kingdom,'' dated concurrently with, and hereby adopted by,
this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum, including the likelihood of continuation or
recurrence of dumping in the event of revocation and the magnitude of
dumping margins likely to prevail if the orders were revoked. Parties
can find a complete discussion of all issues raised in this review and
the corresponding recommendations in the Issues and Decision
Memorandum, which 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/FRNotices/ListLayout.aspx">https://access.trade.gov/public/FRNotices/ListLayout.aspx</a>.
Final Results of Sunset Reviews
Pursuant to sections 751(c) and 752(c) of the Act, Commerce
determines that revocation of the AD Orders would be likely to lead to
continuation or recurrence of dumping and the magnitude of the margins
of dumping likely to prevail would be weighted-average margins up to
the following percentages:
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Weighted-
average
Country margin
(percent)
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Australia................................................... 29.58
Brazil...................................................... 34.28
Japan....................................................... 11.70
Korea....................................................... 11.10
The Netherlands............................................. 3.73
Turkey...................................................... 24.32
United Kingdom.............................................. 33.06
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Notification Regarding Administrative Protective Orders
This notice serves as a 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(a). Timely written notification
of the 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
Commerce is issuing and publishing these final results and notice
in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act
and 19 CFR 351.221(c)(5)(ii).
Dated: December 29, 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 Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Expedited Sunset Reviews
VIII. Recommendation
[FR Doc. 2022-00019 Filed 1-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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