Notice2022-00020
Certain Hot-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 6, 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 order (CVD) on certain hot-rolled steel flat products (HRS) 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 4 (Thursday, January 6, 2022)</title>
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[Federal Register Volume 87, Number 4 (Thursday, January 6, 2022)]
[Notices]
[Pages 750-751]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-00020]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-351-846]
Certain Hot-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
order (CVD) on certain hot-rolled steel flat products (HRS) 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 6, 2022.
FOR FURTHER INFORMATION CONTACT: Macey Mayes, 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) 482-4473.
SUPPLEMENTARY INFORMATION:
Background
On October 3, 2016, Commerce published in Federal Register a notice
of the CVD order on HRS from Brazil.\1\ On September 1, 2021, Commerce
published the notice of initiation of the first 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\
The domestic interested parties each 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 Hot-Rolled Steel Flat Products from Brazil and
the Republic of Korea: Amended Final Affirmative Countervailing Duty
Determinations and Countervailing Duty Orders, 81 FR 67960 (October
3, 2016) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 48983
(September 1, 2021) (Initiation Notice).
\3\ See Cleveland-Cliffs Inc.'s Letter, ``Notice of Intent to
Participate in Sunset Review,'' dated September 16, 2021; Nucor
Corporation's Letter, ``Notice of Intent to Participate in Sunset
Review,'' dated September 16, 2021; United States Steel
Corporation's Letter, ``Notice of Intent to Participate,'' dated
September 16, 2021; Steel Dynamic Inc.'s Letter, ``Notice of Intent
to Participate,'' dated September 16, 2021.
\4\ Id.
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On September 30, 2021, Commerce received an adequate substantive
response to the Notice of Initiation 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 October 20, 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, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2).
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\5\ See Domestic Interested Parties' Letter, ``Domestic
Industry's Substantive Response to Notice of Initiation,'' dated
September 30, 2021 (Domestic Interested Parties' Substantive
Response).
\6\ See GOB's Letter, ``Initial Comments,'' dated September 30,
2021.
\7\ See Commerce's Letter, ``Sunset Reviews Initiated on
September 1, 2021,'' dated October 20, 2021.
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Scope of the Order
The merchandise subject to the Order is certain hot-rolled, flat-
rolled steel products, with or without patterns in relief, and whether
or not annealed, painted, varnished, or coated with plastics or other
non-metallic substances. The merchandise subject to the Order is
classifiable under the Harmonized Tariff Schedule of the United States
(HTSUS) statistical categories 7208.10.1500, 7208.10.3000,
7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030, 7208.26.0060,
7208.27.0030, 7208.27.0060, 7208.36.0030,
[[Page 751]]
7208.36.0060, 7208.37.0030, 7208.37.0060, 7208.38.0015, 7208.38.0030,
7208.38.0090, 7208.39.0015, 7208.39.0030, 7208.39.0090, 7208.40.6030,
7208.40.6060, 7208.53.0000, 7208.54.0000, 7208.90.0000, 7210.70.3000,
7211.14.0030, 7211.14.0090, 7211.19.1500, 7211.19.2000, 7211.19.3000,
7211.19.4500, 7211.19.6000, 7211.19.7530, 7211.19.7560, 7211.19.7590,
7225.11.0000, 7225.19.0000, 7225.30.3050, 7225.30.7000, 7225.40.7000,
7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060, 7226.19.1000,
7226.19.9000, 7226.91.5000, 7226.91.7000, and 7226.91.8000. Subject
merchandise may also enter under subheadings 7210.90.9000,
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.91.0015,
7214.91.0060, 7214.91.0090, 7214.99.0060, 7214.99.0075, 7214.99.0090,
7215.90.5000, 7226.99.0180, and 7228.60.6000. The HTSUS statistical
categories and subheadings are provided for convenience and customs
purposes only. The written description of the scope of the Order is
dispositive.\8\
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\8\ 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, we determine
that revocation of the Order would be likely to lead to continuation or
recurrence of countervailable subsidies at the following net
countervailable subsidy rates:
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Net
countervailable
Exporters or manufacturers subsidy rate
(percent)
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Companhia Siderurgica Nacional (CNS)................. 11.30
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 the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
Commerce is issuing and publishing these final results and this
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the
Act and 19 CFR 351.218.
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 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 Subsidies
VII. Final Results of the Sunset Review
VIII. Recommendation
[FR Doc. 2022-00020 Filed 1-5-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 6, 2022.
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