Notice2022-16727
Corrosion-Resistant Steel Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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
August 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Metalco S.A. (Metalco), the sole company subject to this administrative review of the antidumping duty (AD) order on corrosion-resistant steel products (CORE) from the People's Republic of China (China), is part of the China-wide entity because it did not file a separate rate application (SRA). The period of review (POR) is July 1, 2020, through June 30, 2021. We invite interested parties to comment on these preliminary results.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 149 (Thursday, August 4, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47714-47716]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16727]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-026]
Corrosion-Resistant Steel Products From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Metalco S.A. (Metalco), the sole company subject to
this administrative review of the antidumping duty (AD) order on
corrosion-resistant steel products (CORE) from the People's Republic of
China (China), is part of the China-wide entity because it did not file
a separate rate application (SRA). The period of review (POR) is July
1, 2020, through June 30, 2021. We invite interested parties to comment
on these preliminary results.
DATES: Applicable August 4, 2022.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 2016, Commerce published the AD order on CORE from
China in the Federal Register.\1\ On July 1, 2021, Commerce published a
notice of opportunity to request an administrative review of the Order
covering the POR.\2\ On September 7, 2021, in response to a timely
request from California Steel Industries, Cleveland-Cliffs Inc., Nucor
Corporation, Steel Dynamics, Inc., and United States Steel Corporation
(collectively, Domestic Interested Parties),\3\ Commerce initiated an
administrative review of the Order with respect to Metalco.\4\
---------------------------------------------------------------------------
\1\ See Certain Corrosion-Resistant Steel Products from India,
Italy, the People's Republic of China, the Republic of Korea and
Taiwan: Amended Final Affirmative Antidumping Determination for
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25,
2016) (Order). The Order was subsequently modified to correct
unintended errors regarding the estimated weighted-average dumping
margins for China and the date that the extended period of
provisional measures expired. See Certain Corrosion-Resistant Steel
Products from India, Italy, the People's Republic of China, the
Republic of Korea, and Taiwan; Notice of Correction to the
Antidumping Duty Orders, 81 FR 58475 (August 25, 2016) (Corrected
Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 86 FR 35065 (July 1, 2021).
\3\ See Domestic Interested Parties' Letter, ``Corrosion-
Resistant Steel Products from the People's Republic of China:
Request for Administrative Review of Antidumping Duty Order,'' dated
July 30, 2021.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation
Notice).
---------------------------------------------------------------------------
On September 24, 2021, we placed on the record U.S. Customs and
Border Protection (CBP) entry data under administrative protective
order (APO) for all interested parties having APO access.\5\ The
deadline for Metalco to submit a no-shipment certification or SRA \6\
was October 7, 2021.\7\ Metalco did not submit a no-shipment
certification or an SRA.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Corrosion-Resistant Steel Products from the People's
Republic of China, 2020-2021: Release of U.S. Customs and Border
Protection (CBP) Data,'' dated September 24, 2021.
\6\ Metalco currently does not have a separate rate with respect
to this AD order, and, therefore, was not eligible to file a
separate rate certification.
\7\ See Initiation Notice, 86 FR at 50034 (``If a producer or
exporter named in this notice of initiation had no exports, sales,
or entries during the period of review (POR), it must notify
Commerce within 30 days of publication of this notice in the Federal
Register. . . . Separate Rate Applications are due to Commerce no
later than 30 calendar days after publication of this Federal
Register notice.''). Thirty calendar days after the Initiation
Notice published in the Federal Register was October 7, 2021.
---------------------------------------------------------------------------
Scope of the Order
The products covered by this order are certain flat-rolled steel
products, either clad, plated, or coated with corrosion-resistant
metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-
based alloys, whether or not corrugated or painted, varnished,
laminated, or coated with plastics or other non-metallic substances in
addition to the metallic coating. The products covered include coils
that have a 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
[[Page 47715]]
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:
(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:
2.50 percent of manganese, or
3.30 percent of silicon, or
1.50 percent of copper, or
1.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
2.00 percent of nickel, or
0.30 percent of tungsten (also called wolfram), or
0.80 percent of molybdenum, or
0.10 percent of niobium (also called columbium), or
0.30 percent of vanadium, or
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 and high strength low alloy (HSLA) steels. 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.
Furthermore, this scope also includes Advanced High Strength Steels
(AHSS) and Ultra High Strength Steels (UHSS), both of which are
considered high tensile strength and high elongation steels.
Subject merchandise also includes corrosion-resistant 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 in-scope corrosion
resistant 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 this order unless
specifically excluded. The following products are outside of and/or
specifically excluded from the scope of this order:
Flat-rolled steel products either plated or coated with tin, lead,
chromium, chromium oxides, both tin and lead (``terne plate''), or both
chromium and chromium oxides (``tin free steel''), whether or not
painted, varnished or coated with plastics or other non-metallic
substances in addition to the metallic coating;
Clad products in straight lengths of 4.7625 mm or more in composite
thickness and of a width which exceeds 150 mm and measures at least
twice the thickness; and
Certain clad stainless flat-rolled products, which are three-
layered corrosion-resistant flat-rolled steel products less than 4.75
mm in composite thickness that consist of a flat-rolled steel product
clad on both sides with stainless steel in a 20 percent-60 percent-20
percent ratio.
The products subject to the order are currently classified in the
Harmonized Tariff Schedule of the United States (HTSUS) under item
numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000,
7212.40.5000, 7212.50.0000, and 7212.60.0000.
The products subject to the order may also enter under the
following HTSUS item numbers: 7210.90.1000, 7215.90.1000, 7215.90.3000,
7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.91.0000, 7225.92.0000,
7225.99.0090, 7226.99.0110, 7226.99.0130, 7226.99.0180, 7228.60.6000,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
order is dispositive.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act), and 19 CFR 351.213.
Preliminary Results of Review
Metalco, the sole company subject to this administrative review,
did not file a no-shipment certification or an SRA. Thus, Commerce
preliminarily determines that Metalco has not demonstrated its
eligibility for separate rate status. As such, Commerce also
preliminarily determines that Metalco is part of the China-wide entity.
In addition, Commerce no longer considers the non-market economy
(NME) entity as an exporter conditionally subject to an AD
administrative review.\8\ Accordingly, the NME entity will not be under
review unless Commerce specifically receives a request for, or self-
initiates, a review of the NME entity. In this administrative review,
no party requested a review of the China-wide entity and we have not
self-initiated a review of the China-wide entity. Because no review of
the China-wide entity is being conducted, the China-wide entity's
entries are not subject to this review, and the rate applicable to the
NME entity is not subject to change as a result of this review. The
China-wide entity rate is 199.43 percent.\9\
---------------------------------------------------------------------------
\8\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Non-Market Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\9\ See Order, unchanged in Corrected Order.
---------------------------------------------------------------------------
Public Comment
Interested parties are invited to comment on these preliminary
results and may submit case briefs and/or written comments, filed
electronically via Enforcement and Compliance's
[[Page 47716]]
Antidumping Duty and Countervailing Duty Centralized Electronic Service
System (ACCESS), within 30 days after the date of publication of these
preliminary results of review.\10\ ACCESS is available to registered
users at <a href="https://access.trade.gov">https://access.trade.gov</a>. Rebuttal briefs, limited to issues
raised in the case briefs, must be filed within seven days after the
time limit for filing case briefs.\11\ Parties who submit case or
rebuttal briefs in this proceeding are requested to submit with each
argument a statement of the issue, a brief summary of the argument, and
a table of authorities.\12\
---------------------------------------------------------------------------
\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ See 19 CFR 351.309(d)1) and (2). Commerce has temporarily
modified certain of its requirements for serving documents
containing business proprietary information until further notice.
See Temporary Rule Modifying AD/CVD Service Requirements Due to
COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\12\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the
publication of this notice.\13\ Requests should contain: (1) the
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Issues raised
in the hearing will be limited to those raised in the respective case
and rebuttal briefs. If a request for a hearing is made, parties will
be notified of the time and date for the hearing to be held.\14\
Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case briefs, within 120 days of publication of these
preliminary results in the Federal Register, unless extended, pursuant
to section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 310(d).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP will assess, antidumping duties on all appropriate
entries covered by this review.\15\ We intend to instruct CBP to
liquidate entries of subject merchandise exported by Metalco at the
China-wide entity rate of 199.43 percent.\16\
---------------------------------------------------------------------------
\15\ See 19 CFR 351.212(b)(1).
\16\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
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).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of review, as provided for by section 751(a)(2)(C) of the
Act: (1) for previously investigated or reviewed Chinese and non-
Chinese exporters who are not under review in this segment of the
proceeding but who have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (2) for all Chinese exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be the China-wide rate of 199.43 percent; and (3) for all non-
Chinese exporters of subject merchandise which have not received their
own rate, the cash deposit rate will be the rate applicable to the
Chinese exporter(s) that supplied that non-Chinese exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a preliminary 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 double antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h) and 19 CFR 351.221(b)(4).
Dated: July 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-16727 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on August 4, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.