Stainless Steel Sheet and Strip From the People's Republic of China: Continuation of Antidumping and Countervailing Duty Orders
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) have determined that revocation of the antidumping duty (AD) and countervailing duty (CVD) orders on stainless steel sheet and strip (SSSS) from the People's Republic of China (China) would be likely to lead to the continuation or recurrence of dumping, net countervailable subsidies, and material injury to an industry in the United States. Therefore, Commerce is publishing a notice of continuation of these AD and CVD orders.
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<title>Federal Register, Volume 87 Issue 213 (Friday, November 4, 2022)</title>
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[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66651-66652]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24023]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-042, C-570-043]
Stainless Steel Sheet and Strip From the People's Republic of
China: Continuation of Antidumping and Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) and the U.S.
International Trade Commission (ITC) have determined that revocation of
the antidumping duty (AD) and countervailing duty (CVD) orders on
stainless steel sheet and strip (SSSS) from the People's Republic of
China (China) would be likely to lead to the continuation or recurrence
of dumping, net countervailable subsidies, and material injury to an
industry in the United States. Therefore, Commerce is publishing a
notice of continuation of these AD and CVD orders.
DATES: Applicable November 4, 2022.
FOR FURTHER INFORMATION CONTACT: Daniel Alexander, 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) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
On April 3, 2017, Commerce published the AD and CVD orders on SSSS
from China.\1\ On March 1, 2022, Commerce published the notice of
initiation of the first sunset reviews of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ As a
result of its reviews, Commerce determined that revocation of the AD
order would likely lead to the continuation or recurrence of dumping
and that revocation of the CVD order would likely lead to the
continuation or recurrence of countervailable subsidies.\3\ Therefore,
Commerce notified the ITC of the magnitude of the dumping margins and
net countervailable subsidy rates likely to prevail should the Orders
be revoked, pursuant to sections 752(b) and (c) of the Act. On October
24, 2022, the ITC published its determination, pursuant to section
751(c) of the Act, that revocation of the Orders would likely lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.\4\
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\1\ See Stainless Steel Sheet and Strip from the People's
Republic of China: Antidumping Duty Order, 82 FR 16160 (April 3,
2017); and Stainless Steel Sheet and Strip from the People's
Republic of China: Countervailing Duty Order, 82 FR 16166 (April 3,
2017) (collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416
(March 1, 2022).
\3\ See Stainless Steel Sheet and Strip from the People's
Republic of China: Final Results of Expedited Sunset Review of the
Antidumping Duty Order, 87 FR 40183 (July 6, 2022), and accompanying
Issues and Decision Memorandum (IDM); see also Stainless Steel Sheet
and Strip from the People's Republic of China: Final Results of
Expedited First Sunset Review of the Countervailing Duty Order, 87
FR 40506 (July 7, 2022), and accompanying IDM.
\4\ See Stainless Steel Sheet and Strip from China;
Investigation Nos. 701-TA-557 and 731-TA-1312 (Review), 87 FR 64248
(October 24, 2022).
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Scope of the Orders
The merchandise covered by these Orders is stainless steel sheet
and strip, whether in coils or straight lengths. 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 sheet and strip is a flat-rolled product with a width that is
greater than 9.5 mm and with a thickness of 0.3048 mm and greater but
less than 4.75 mm, and that is annealed or otherwise heat treated, and
pickled or otherwise descaled. The subject sheet and strip may also be
further processed (e.g., cold-rolled, annealed, tempered, polished,
aluminized, coated, painted, varnished, trimmed, cut, punched, or slit,
etc.) provided that it maintains the specific dimensions of sheet and
strip set forth above following such processing. The products described
include products regardless of 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
[[Page 66652]]
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.
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 these Orders
unless specifically excluded.
Subject merchandise includes stainless steel sheet and strip that
has been further processed in a third country, including but not
limited to cold-rolling, annealing, tempering, polishing, aluminizing,
coating, painting, varnishing, trimming, cutting, punching, and/or
slitting, or any other processing that would not otherwise remove the
merchandise from the scope of the Orders if performed in the country of
manufacture of the stainless steel sheet and strip.
Excluded from the scope of these Orders are the following: (1)
sheet and strip that is not annealed or otherwise heat treated and not
pickled or otherwise descaled; (2) plate (i.e., flat-rolled stainless
steel products of a thickness of 4.75 mm or more); and (3) flat wire
(i.e., cold-rolled sections, with a mill edge, rectangular in shape, of
a width of not more than 9.5 mm).
The products covered by the Orders are currently classifiable under
Harmonized Tariff Schedule of the United States (HTSUS) subheadings
7219.13.0031, 7219.13.0051, 7219.13.0071, 7219.13.0081, 7219.14.0030,
7219.14.0065, 7219.14.0090, 7219.23.0030, 7219.23.0060, 7219.24.0030,
7219.24.0060, 7219.32.0005, 7219.32.0020, 7219.32.0025, 7219.32.0035,
7219.32.0036, 7219.32.0038, 7219.32.0042, 7219.32.0044, 7219.32.0045,
7219.32.0060, 7219.33.0005, 7219.33.0020, 7219.33.0025, 7219.33.0035,
7219.33.0036, 7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.33.0045,
7219.33.0070, 7219.33.0080, 7219.34.0005, 7219.34.0020, 7219.34.0025,
7219.34.0030, 7219.34.0035, 7219.34.0050, 7219.35.0005, 7219.35.0015,
7219.35.0030, 7219.35.0035, 7219.35.0050, 7219.90.0010, 7219.90.0020,
7219.90.0025, 7219.90.0060, 7219.90.0080, 7220.12.1000, 7220.12.5000,
7220.20.1010, 7220.20.1015, 7220.20.1060, 7220.20.1080, 7220.20.6005,
7220.20.6010, 7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080, 7220.90.0010,
7220.90.0015, 7220.90.0060, and 7220.90.0080. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of these Orders is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to the continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation
of the Orders. U.S. Customs and Border Protection will continue to
collect AD and CVD cash deposits at the rates in effect at the time of
entry for all imports of subject merchandise.
The effective date of continuation of these Orders will be the date
of publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate
the next five-year reviews of the Orders not later than 30 days prior
to the fifth anniversary of the effective date of continuation.
Administrative Protective Order (APO)
This notice also serves as the only reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3). 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 terms of an APO
is a violation which is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: October 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-24023 Filed 11-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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