Notice2022-06075
Stainless Steel Plate in Coils From South Africa: Final Results of the Expedited Fourth Five-Year 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
March 23, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on stainless steel plate in coils (SSPC) from South Africa would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the "Final Results of Sunset Review" section of this notice.
Full Text
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<title>Federal Register, Volume 87 Issue 56 (Wednesday, March 23, 2022)</title>
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[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16457-16458]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06075]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-791-806]
Stainless Steel Plate in Coils From South Africa: Final Results
of the Expedited Fourth Five-Year Sunset Review of the Countervailing
Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce
(Commerce) finds that revocation of the countervailing duty (CVD) order
on stainless steel plate in coils (SSPC) from South Africa would be
likely to lead to continuation or recurrence of countervailable
subsidies at the levels indicated in the ``Final Results of Sunset
Review'' section of this notice.
DATES: Applicable March 23, 2022.
FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4793.
SUPPLEMENTARY INFORMATION:
Background
On May 11, 1999, Commerce published in the Federal Register a
notice of the CVD order on SSPC from South Africa.\1\ On December 1,
2021, Commerce published the notice of initiation of the fourth sunset
review of the Order, pursuant to section 751(c) of the Tariff Act of
1930, as amended (the Act).\2\ On December 15, 2021, Commerce received
notices of intent to participate from ATI Flat Rolled Products
Holdings, LLC (ATI) and Outokumpu Stainless USA LLC (Outokumpu)
(collectively, the domestic interested parties) within the deadline
specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic interested
parties claimed interested party status within the meaning of section
771(9)(C) of the Act and 19 CFR 351.102(b)(29)(v) as domestic producers
of SSPC in the United States.
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\1\ See Notice of Amended Final Determinations: Stainless Steel
Plate in Coils from Belgium and South Africa; and Notice of
Countervailing Duty Orders: Stainless Steel Plate in Coils from
Belgium, Italy and South Africa, 64 FR 25288 (May 11, 1999) (Order).
\2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 68220
(December 1, 2021).
\3\ See ATI's Letter, ``Five-Year (Sunset) Review of the
Countervailing Duty Order on Stainless Steel Plate in Coils from
South Africa--Domestic Interested Party's Notice of Intent to
Participate,'' dated December 15, 2021; see also Outokumpu's Letter,
``Five-Year (Sunset) Review of the Countervailing Duty Order on
Stainless Steel Plate in Coils from South Africa--Outokumpu's Notice
of Intent to Participate,'' dated December 15, 2021.
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On January 3, 2022, Commerce received an adequate substantive
response from the domestic interested parties within the 30-day
deadline specified in 19 CFR 351.218(d)(3)(i).\4\ Commerce did not
receive a substantive response from either the Government of South
Africa or a respondent interested party to this proceeding. On January
20, 2022, Commerce notified the U.S. International Trade Commission
that it did not receive an adequate substantive response from
respondent interested parties.\5\ 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)(B)(2) and (C)(2).
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\4\ See Domestic Interested Parties' Letter, ``Five-Year
(Sunset) Review of the Countervailing Duty Order on Stainless Steel
Plate in Coils from South Africa--Domestic Interested Parties'
Substantive Response to Notice of Initiation,'' dated January 3,
2022.
\5\ See Commerce's Letter, ``Sunset Reviews Initiated On
December 1, 2021,'' dated January 20, 2022.
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Scope of the Order
The merchandise subject to the Order is certain stainless steel
plate 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 plate products
are flat-rolled products, 254 mm or over in width and 4.75 mm or more
in thickness, in coils, and annealed or otherwise heat treated and
pickled or otherwise descaled. The subject plate may also be further
processed (e.g., cold-rolled, polished, etc.) provided that it
maintains the specified dimensions of plate following such processing.
Excluded from the scope of the Order are the following: (1) Plate not
in coils, (2) plate that is not annealed or otherwise heat treated and
pickled or otherwise descaled, (3) sheet and strip, and (4) flat bars.
The merchandise subject to the Order is currently classifiable in
the Harmonized Tariff Schedule of the United States (HTSUS) at
subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06,
7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56,
7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10,
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.11.00.00, 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, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, and 7220.90.00.80.
Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the merchandise subject to
the Order is dispositive.\6\
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\6\ For a complete discussion of the scope, see Memorandum,
``Issues and Decision Memorandum for the Final Results of the Fourth
Sunset Review of the Countervailing Duty Order on Stainless Steel
Plate in Coils from South Africa,'' dated concurrently with, and
hereby 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),
which is available to registered users at <a href="https://access.trade.gov">https://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:
[[Page 16458]]
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Subsidy
rate
Producer/exporter (percent
ad valorem
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Columbus Stainless Steel Company (the operating division of 3.95
the Columbus Joint Venture)................................
All Others.................................................. 3.95
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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 the return or 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: March 16, 2022.
Lisa W. Wang,
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 Likely to Prevail
3. Nature of the Subsidy
VII. Final Results of the Sunset Review
VIII. Recommendation.
[FR Doc. 2022-06075 Filed 3-22-22; 8:45 am]
BILLING CODE 3510-DS-P
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