Notice2023-03085
Tin Mill Products From Canada, the People's Republic of China, Germany, the Netherlands, the Republic of Korea, Taiwan, the Republic of Turkey, and the United Kingdom: Initiation of Less-Than-Fair-Value Investigations
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
February 14, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 88 Issue 30 (Tuesday, February 14, 2023)</title>
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[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Pages 9481-9488]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03085]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-869, A-570-150, A-428-851, A-580-915, A-421-816, A-583-870, A-
489-848, A-412-827]
Tin Mill Products From Canada, the People's Republic of China,
Germany, the Netherlands, the Republic of Korea, Taiwan, the Republic
of Turkey, and the United Kingdom: Initiation of Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable February 7, 2023.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun (Canada), Emily Halle or
Samuel Frost (the People's Republic of China (China)), George McMahon
or Carolyn Adie (Germany); Jacob Saude (the Republic of Korea (Korea)),
Brittany Bauer (the Netherlands), Elfi Blum (Taiwan), Alice Maldonado
or Ann Marie Caton (the Republic of Turkey (Turkey)), and Charles
DeFilippo (the United Kingdom), AD/CVD Operations, Offices II, V, VI,
and VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5760, (202) 482-0176 or
(202) 482-8180, (202) 482-1167 or (202) 482-6250, (202) 482-0981, (202)
482-3860, (202) 482-0197, (202) 482-4682 or (202) 482-2607, and (202)
482-3797, respectively.
SUPPLEMENTARY INFORMATION:
The Petitions
On January 18, 2023, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of tin mill
products from Canada, China, Germany, the Netherlands, Korea, Taiwan,
Turkey, and the United Kingdom, filed in proper form on behalf of
Cleveland-Cliffs Inc. and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union (the petitioners), a domestic producer of tin mill
products and a certified union, which represents the workers engaged in
the production of tin mill products in the United States.\1\ These AD
petitions were accompanied by a countervailing duty (CVD) petition
concerning imports of tin mill products from China.\2\
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\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Certain Tin Mill
Products from Canada, China, Germany, Netherlands, South Korea,
Taiwan, Turkey, and the United Kingdom,'' dated January 18, 2023
(Petitions).
\2\ Id.
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On January 23 and 31, and February 6, 2023, Commerce requested
supplemental information pertaining to certain aspects of the
Petitions.\3\ The petitioners filed timely responses to these requests
on January 27, 2023, and February 1, 2023.\4\
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\3\ See Commerce's Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties on Imports of Tin Mill
Products from Canada, the People's Republic of China, Germany, the
Netherlands, the Republic of Korea, Taiwan, the Republic of Turkey,
and the United Kingdom: Supplemental Questions,'' dated January 23,
2023 (General Issues Supplemental Questionnaire); see also Country-
Specific Supplemental Questionnaires: Canada Supplemental, China
Supplemental, Germany Supplemental, Netherlands Supplemental, Korea
Supplemental, Taiwan Supplemental, Turkey Supplemental, and United
Kingdom Supplemental, dated January 23, 2023; Memorandum, ``Phone
Call with Counsel to the Petitioners,'' dated January 31, 2023; and
Memorandum, ``Phone Call with Counsel to the Petitioners,'' dated
February 7, 2023 (Scope Memorandum).
\4\ See Petitioners' Country-Specific Supplemental Responses,
dated January 27, 2023; see also Petitioner's Letters, ``Tin Mill
Products from Canada, China, Germany, Netherlands, South Korea,
Taiwan, Turkey, and the United Kingdom/Petitioners' Response to
Supplemental Volume I Questionnaire,'' dated January 27, 2023
(General Issues Supplement); and ``Tin Mill Products from Canada,
China, Germany, Netherlands, South Korea, Taiwan, Turkey, and the
United Kingdom/Petitioners' Response to Second Supplemental
Questionnaire,'' dated February 1, 2023 (Second General Issues
Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of tin mill
products from Canada, China, Germany, the Netherlands, Korea, Taiwan,
Turkey, and the United Kingdom are being, or are likely to be, sold in
the United States at less than fair value (LTFV) within the meaning of
section 731 of the Act, and that imports of such products are
materially injuring, or threatening material injury to, the tin mill
products industry in the United States. Consistent with section
732(b)(1) of the Act, the Petitions are accompanied by information
reasonably available to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petition on behalf of
the domestic industry, because the petitioners are interested parties,
as defined in sections 771(9)(C) and (D) of the Act.\5\ Commerce also
finds that the petitioners demonstrated sufficient industry support for
the initiation of the requested AD investigations.\6\
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\5\ See Petitions at Volume I (pages 1-4).
\6\ See infra, at section on ``Determination of Industry Support
for the Petitions.''
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Periods of Investigations
Because the Petitions were filed on January 18, 2023, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for the Canada,
Germany, Netherlands, Korea, Taiwan, Turkey, and United Kingdom AD
investigations is January 1, 2022, through December 31, 2022. Because
China is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the POI for the China AD investigation is July 1, 2022,
through December 31, 2022.
Scope of the Investigations
The products covered by these investigations are tin mill products
from Canada, China, Germany, Korea, the Netherlands, Taiwan, Turkey,
and the United Kingdom. For a full description of the scope of these
investigations, see the appendix to this notice.
[[Page 9482]]
Comments on the Scope of the Investigations
On January 23 and 31, and February 6, 2023, Commerce requested
further information and clarification from the petitioners regarding
the proposed scope to ensure that the scope language in the Petitions
is an accurate reflection of the products for which the domestic
industry is seeking relief.\7\ On January 27, and February 1 and 6,
2023, the petitioners revised the scope.\8\ The description of the
merchandise covered by these investigations, as described in the
appendix to this notice, reflects these clarifications.
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\7\ See General Issues Supplemental Questionnaire at 3-4; see
also Scope Memorandum.
\8\ See First General Issues Supplement at 2-3 and Exhibit I-S3;
see also Second General Issues Supplement at 2 and Exhibit I-2S2;
and Scope Memorandum.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period of time for interested parties to raise issues
regarding product coverage (i.e., scope).\9\ Commerce will consider all
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that all interested parties submit such comments by
5:00 p.m. Eastern Time (ET) on February 27, 2023, which is 20 calendar
days from the signature date of this notice. Any rebuttal comments,
which may include factual information, must be filed by 5:00 p.m. ET on
March 9, 2023, which is ten calendar days from the initial comment
deadline.
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of the investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party may contact Commerce and
request permission to submit the additional information. All such
submissions must be filed simultaneously on the records of the
concurrent AD and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically using
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\11\ An electronically-filed document must be received
successfully in its entirety by the time and date it is due.\12\
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\11\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on help using
ACCESS can be found at <a href="https://access.trade.gov/help.aspx">https://access.trade.gov/help.aspx</a> and a
handbook can be found at <a href="https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf">https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf</a>.
\12\ See 19 CFR 351.303(b)(1).
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of tin mill products to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant factors of
production (FOP) or costs of production (COP) accurately, as well as to
develop appropriate product comparison criteria where appropriate.
Subsequent to the publication of this notice, Commerce intends to
release a proposed list of physical characteristics and product-
comparison criteria, and interested parties may provide any information
or comments that they feel are relevant to the development of an
accurate list of physical characteristics. Specifically, they may
provide comments as to which characteristics are appropriate to use as:
(1) general product characteristics; and (2) product comparison
criteria. We note that it is not always appropriate to use all product
characteristics as product comparison criteria. We base product
comparison criteria on meaningful commercial differences among
products. In other words, although there may be some physical product
characteristics utilized by manufacturers to describe tin mill
products, it may be that only a select few product characteristics take
into account commercially meaningful physical characteristics. In
addition, interested parties may comment on the order in which the
physical characteristics should be used in matching products.
Generally, Commerce attempts to list the most important physical
characteristics first and the least important characteristics last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, Commerce intends to
establish a deadline for relevant comments and submissions at the time
it releases the proposed list of physical characteristics and product-
comparison criteria. All comments and submissions to Commerce must be
filed electronically using ACCESS, as explained above, on the record of
each of the AD investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the Act directs
Commerce to look to producers and workers who produce the domestic like
product. The U.S. International Trade Commission (ITC), which is
responsible for determining whether ``the domestic industry'' has been
injured, must also determine what constitutes a domestic like product
in order to define the industry. While both Commerce and the ITC must
apply the same statutory definition regarding the domestic like
product,\13\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the
[[Page 9483]]
decision of either agency contrary to law.\14\
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\13\ See section 771(10) of the Act.
\14\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\15\ Based on our analysis of the information
submitted on the record, we have determined that tin mill products, as
defined in the scope, constitute a single domestic like product, and we
have analyzed industry support in terms of that domestic like
product.\16\
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\15\ See Petitions at Volume I (pages 20 and 22-25); see also
First General Issues Supplement at 1 and Exhibit I-S1 (containing
Tin- and Chromium-Coated Steel Sheet from Japan, Inv. Nos. 731-TA-
860 (Preliminary), USITC Pub. 3264 (December 1999), at 5; and Tin-
and Chromium-Coated Steel Sheet from Japan, Inv. No. 731-TA-860
(Third Review), USITC Pub. 4795 (June 2018) (Tin Mill Products Third
Review), at 6); and Second General Issues Supplement at 1 and
Exhibit I-2S1 ((containing Tin- and Chromium-Coated Steel Sheet from
Japan, Inv. No. 731-TA-860 (Final), USITC Pub. 3337 (August 2000),
at 5)).
\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see, individually, Antidumping Duty Investigation Initiation
Checklists, ``Tin Mill Products from Canada, the People's Republic
of China, Germany, the Netherlands, the Republic of Korea, Taiwan,
the Republic of Turkey, and the United Kingdom,'' dated concurrently
with this notice (Country-Specific AD Initiation Checklists), at
Attachment II (Analysis of Industry Support for the Antidumping and
Countervailing Duty Petitions Covering Tin Mill Products from
Canada, the People's Republic of China, Germany, the Netherlands,
the Republic of Korea, Taiwan, the Republic of Turkey and the United
Kingdom).
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
Cleveland-Cliffs' production of tin mill products in 2022 and estimated
the 2022 production of the remaining U.S. producers of tin mill
products.\17\ The petitioners stated that the USW represents workers
accounting for all U.S. production of tin mill products, and as such,
the supporters of the Petitions account for all U.S. production of tin
mill products.\18\ We relied on data provided by the petitioners for
purposes of measuring industry support.\19\
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\17\ See Petitions at Volume I (pages 5-6 and Exhibit I-5); see
also First General Issues Supplement at 3-5 and Exhibit I-S4; Second
General Issues Supplement at 2 and Exhibit I-2S3; and Petitioners'
Letter, ``Tin Mill products from Canada, China, Germany,
Netherlands, South Korea, Taiwan, Turkey, and the United Kingdom/
Petitioners' Comments Regarding Industry Support,'' dated February
2, 2023 (Petitioners' Letter).
\18\ See Petitions at Volume I (pages 2-6 and Exhibits I-5 and
I-10 through I-12); see also First General Issues Supplement at 4-5.
\19\ See Petitions at Volume I (pages 2-6 and Exhibits I-5 and
I-10 through I-12); see also First General Issues Supplement at 1,
3-5 and Exhibits I-S1 (containing Tin Mill Products Third Review)
and I-S4; Second General Issues Supplement at 2 and Exhibit I-2S3;
and Petitioners Letter. For further discussion, see Attachment II of
the Country-Specific AD Initiation Checklists.
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On January 31, 2023, we received comments on industry support from
United States Steel Corporation (U.S. Steel), a U.S. producer of tin
mill products.\20\ On February 2, 2023, the petitioners responded to
the comments from U.S. Steel.\21\
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\20\ See U.S. Steel's Letter, ``Tin Mill Products from Canada,
the People's Republic of China, Germany, the Netherlands, the
Republic of Korea, Taiwan, the Republic of Turkey, and the United
Kingdom: Comments on Industry Support,'' dated January 31, 2023
(U.S. Steel Letter).
\21\ See Petitioners Letter.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, the Second General Issues Supplement, the
Petitioners Letter, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\22\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\23\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\24\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\25\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\26\
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\22\ See Petitions at Volume I (pages 4-6 and Exhibits I-5 and
I-10 through I-12); see also First General Issues Supplement at 3-5
and Exhibits I-S1 (containing Tin Mill Products Third Review) and I-
S4; Second General Issues Supplement at 2 and Exhibit I-2S3; U.S.
Steel Letter; and Petitioners Letter. For further discussion, see
Attachment II of the Country-Specific AD Initiation Checklists.
\23\ See Attachment II of the Country-Specific AD Initiation
Checklists; see also section 732(c)(4)(D) of the Act.
\24\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\25\ Id.
\26\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\27\
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\27\ See Petitions at Volume I (pages 28-29 and Exhibit I-26).
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The petitioners contend that the industry's injured condition is
illustrated by the significant volume of subject imports; declining
market share; underselling and price depression and/or suppression;
lost sales and revenues; and adverse impact on the domestic industry's
employment variables and profitability.\28\ We assessed the allegations
and supporting evidence regarding material injury, threat of material
injury, causation, as well as negligibility, and we have determined
that these allegations are properly supported by adequate evidence and
meet the statutory requirements for initiation.\29\
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\28\ Id. at 25-48 and Exhibits I-3, I-5, I-9, I-19, and I-25
through I-28; see also First General Issues Supplement at 1, and 5-9
and Exhibits I-S1 (containing Tin Mill Products Third Review), I-S5,
and I-S8.
\29\ See Country-Specific AD Initiation Checklists at Attachment
III, Analysis of Allegations and Evidence of Material Injury and
Causation for the Antidumping and Countervailing Duty Petitions
Covering Tin Mill Products from Canada, the People's Republic of
China, Germany, the Netherlands, the Republic of Korea, Taiwan, the
Republic of Turkey, and the United Kingdom (Attachment III).
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate
[[Page 9484]]
AD investigations of imports of tin mill products from Canada, China,
Germany, Korea, the Netherlands, Taiwan, Turkey, and the United
Kingdom. The sources of data for the deductions and adjustments
relating to U.S. price and normal value (NV) are discussed in greater
detail in the Country-Specific AD Initiation Checklists.
U.S. Price
For Canada, China, Germany, the Netherlands, Taiwan, Turkey, and
the United Kingdom, the petitioners based export price (EP) on the POI
average unit values (AUVs) derived from official U.S. import data for
imports of tin mill products produced in and exported from each
country. For the Netherlands, Taiwan, and Turkey, the petitioners also
based EP on month- and port-specific AUVs derived from official import
data and tied to ship manifest data obtained from Datamyne. For Korea,
the petitioners based EP on month- and port-specific AUVs derived from
official import data and tied to ship manifest data obtained from
Datamyne alone. The petitioners made certain adjustments to U.S. price
to calculate a net ex-factory U.S. price, where applicable.\30\
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\30\ See Country-Specific AD Initiation Checklists for Canada,
Germany, Korea, the Netherlands, Taiwan, Turkey, and the United
Kingdom.
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Normal Value <SUP>31</SUP>
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\31\ In accordance with section 773(b)(2) of the Act, for these
investigations, Commerce will request information necessary to
calculate the constructed value and cost of production (COP) to
determine whether there are reasonable grounds to believe or suspect
that sales of the foreign like product have been made at prices that
represent less than the COP of the product.
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For Canada, Germany, Korea, the Netherlands, Taiwan, Turkey, and
the United Kingdom, the petitioners were unable to obtain home market
prices for tin mill products produced and sold in the subject
countries. Therefore, for these countries, the petitioners based NV on
AUVs of publicly-available export data for exports of tin mill products
from the subject countries to third countries.\32\ For each of the
countries, the petitioners provided information showing that the AUVs
were below the COP and, therefore, the petitioners calculated NV based
on constructed value (CV).\33\ For further discussion of CV, see the
section ``Normal Value Based on Constructed Value.''
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\32\ See Country-Specific AD Initiation Checklists for Canada,
Germany, Korea, the Netherlands, Taiwan, Turkey, and the United
Kingdom.
\33\ Id.
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Commerce considers China to be an NME country.\34\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of this investigation. Accordingly, NV in
China is appropriately based on FOPs valued in surrogate market economy
countries, in accordance with section 773(c) of the Act.
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\34\ See Antidumping Duty Investigation of Certain Aluminum Foil
from the People's Republic of China: Affirmative Preliminary
Determination of Sales at Less-Than-Fair Value and Postponement of
Final Determination, 82 FR 50858, 50861 (November 2, 2017), and
accompanying Preliminary Decision Memorandum, unchanged in Certain
Aluminum Foil from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value, 83 FR 9282 (March 5,
2018).
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The petitioners claim that Turkey is an appropriate surrogate
country for China because Turkey is a market economy country that is at
a level of economic development comparable to that of China and is a
significant producer of identical merchandise.\35\ The petitioners
provided publicly-available information from Turkey to value all
FOPs.\36\ Based on the information provided by the petitioners, we
determine that it is appropriate to use Turkey as a surrogate country
for initiation purposes.
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\35\ See Country-Specific AD Initiation Checklists for China.
\36\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioners used product-specific consumption rates from a U.S.
producer of tin mill products as a surrogate to value Chinese
manufacturers' FOPs.\37\ Additionally, the petitioners calculated
factory overhead; selling, general and administrative (SG&A) expenses;
and profit based on the experience of a Turkish producer of identical
merchandise.\38\
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\37\ Id.
\38\ Id.
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Normal Value Based on Constructed Value
As noted above, the petitioners demonstrated that the third country
export AUVs for Canada, Germany, Korea, the Netherlands, Taiwan,
Turkey, and the United Kingdom were below COP. Accordingly, the
petitioners based NV on CV.\39\ Pursuant to section 773(e) of the Act,
the petitioners calculated CV as the sum of the cost of manufacturing,
SG&A expenses, financial expenses, and profit.\40\
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\39\ See Country-Specific AD Initiation Checklists for Canada,
Germany, Korea, the Netherlands, Taiwan, Turkey, and the United
Kingdom for details of the calculations.
\40\ Id.
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In calculating the cost of manufacturing, the petitioners relied on
the production experience and input consumption rates of a U.S.
producer of tin mill products, valued using publicly-available
information applicable to each respective country.\41\ In calculating
SG&A expenses, financial expenses, and profit ratios (where
applicable), the petitioners relied on the fiscal year 2021-2022
financial statements of a producer of identical or comparable
merchandise domiciled in each respective subject country, where
appropriate.\42\
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\41\ Id.
\42\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of tin mill products from Canada, China, Germany,
Korea, the Netherlands, Taiwan, Turkey, and the United Kingdom, are
being, or are likely to be, sold in the United States at LTFV. Based on
comparisons of EP to NV in accordance with sections 772 and 773 of the
Act, the estimated dumping margins for tin mill products for each of
the countries covered by this initiation are as follows: (1) Canada--
79.59 percent; (2) China--122.52 percent; (3) Germany--70.15 percent;
(4) Korea--13.28 to 110.50 percent; (5) the Netherlands--125.10 to
296.04 percent; (6) Taiwan--46.76 to 59.61 percent; (7) Turkey--87.73
to 97.21 percent; and (8) the United Kingdom--111.92 percent.\43\
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\43\ See Country-Specific AD Initiation Checklists for details
of the calculations.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating AD investigations to determine
whether imports of tin mill products from Canada, China, Germany,
Korea, the Netherlands, Taiwan, Turkey, and the United Kingdom are
being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no
[[Page 9485]]
later than 140 days after the date of this initiation.
Respondent Selection
Canada, Germany, the Netherlands, Taiwan, and the United Kingdom
In the Petitions, the petitioners identified one company in Canada
as a producer/exporter of tin mill products (i.e., ArcelorMittal
Dofasco G.P.), one company in Germany as a producer/exporter of tin
mill products (i.e., ThyssenKrupp Rasselstein GmbH), two companies in
the Netherlands as producers/exporters of tin mill products (i.e., Tata
Steel Netherlands and Tata Steel Ijmuiden, B.V.), one company in Taiwan
as a producer/exporter of tin mill products (i.e., Ton Yi Industrial
Corporation), and one company in the United Kingdom as a producer/
exporter of tin mill products (i.e., Tata Steel UK Limited), and
provided independent third-party information as support.\44\ We
currently know of no additional producers/exporters of tin mill
products from Canada, Germany, the Netherlands, Taiwan, and the United
Kingdom.
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\44\ See Petitions at Volume I (page 21 and Exhibit I-21); see
also Petitions at Volume II (Exhibit II-3); Petitions at Volume IV
(Exhibit IV-4); Petitions at Volume V (Exhibit V-3); and First
General Issues Supplement at Exhibit I-S2.
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Accordingly, Commerce intends to individually examine all known
producers/exporters in the investigations from these countries (i.e.,
the companies cited above). We invite interested parties to comment on
this issue. Such comments may include factual information within the
meaning of 19 CFR 351.102(b)(21). Parties wishing to comment must do so
within three business days of the publication of this notice in the
Federal Register. Comments must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Because
we intend to examine all known producers/exporters in Canada, Germany,
the Netherlands, Taiwan, and the United Kingdom, if no comments are
received or if comments received further support the existence of these
sole producers/exporters in Canada, Germany, the Netherlands, Taiwan,
and the United Kingdom, respectively, we do not intend to conduct
respondent selection and will proceed to issuing the initial AD
questionnaires to the companies identified. However, if comments are
received which create a need for a respondent selection process, we
intend to finalize our decisions regarding respondent selection within
20 days of publication of this notice.
Korea and Turkey
In the Petitions, the petitioners identified three companies in
Korea as producers/exporters of tin mill products and three companies
in Turkey as producers/exporters of tin mill products.\45\ Following
standard practice in AD investigations involving market economy
countries, in the event Commerce determines that the number of
exporters or producers is large such that Commerce cannot individually
examine each company based on its resources, where appropriate,
Commerce intends to select mandatory respondents in these cases based
on U.S. Customs and Border Protection (CBP) data for U.S. imports under
the appropriate Harmonized Tariff Schedule of the United States
subheadings listed in the ``Scope of the Investigation,'' in the
appendix.
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\45\ See Petitions at Volume I (Exhibit I-21); see also First
General Issues Supplement at 1-2 and Exhibits I-S2, S-6, and S-7;
and Second General Issues Supplement at 1-2.
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On February 2, 2023, Commerce released CBP data on imports of tin
mill products from Korea and Turkey under administrative protective
order (APO) to all parties with access to information protected by APO
and indicated that interested parties wishing to comment on CBP data
must do so within three business days of the publication date of the
notice of initiation of these investigations.\46\ Comments must be
filed electronically using ACCESS. An electronically-filed document
must be received successfully in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
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\46\ See Memoranda, ``Antidumping Duty Petition on Imports of
Tin Mill Products from the Republic of Korea: Release of U.S.
Customs and Border Protection Data,'' dated February 2, 2023; and
``Antidumping Duty Petition on Imports of Tin Mill Products from the
Republic of Turkey: Release of U.S. Customs and Border Protection
Data,'' dated February 2, 2023.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>.
China
In the Petitions, the petitioners named 19 companies in China as
producers and/or exporters of tin mill products.\47\ In accordance with
our standard practice for respondent selection in AD investigations
involving NME countries, Commerce selects respondents based on quantity
and value (Q&V) questionnaires in cases where it has determined that
the number of companies is large and it cannot individually examine
each company based upon its resources. Therefore, considering the
number of producers and/or exporters identified in the Petitions,
Commerce will solicit Q&V information that can serve as a basis for
selecting exporters for individual examination in the event that
Commerce decides to limit the number of respondents individually
examined pursuant to section 777A(c)(2) of the Act. Because there are
19 Chinese producers and/or exporters identified in the Petitions,
Commerce has determined that it will issue Q&V questionnaires to each
potential respondent for which the petitioners have provided a complete
address.
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\47\ See Petitions at Volume I (Exhibit I-21).
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In addition, Commerce will post the Q&V questionnaires along with
filing instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-case-announcements">https://www.trade.gov/ec-adcvd-case-announcements</a>. Producers/exporters of tin mill products from
China that do not receive Q&V questionnaires may still submit a
response to the Q&V questionnaire and can obtain a copy of the Q&V
questionnaire from Commerce's website. Additional information on Q&V
questionnaires can be found on Commerce's website at <a href="https://enforcement.trade.gov/questionnaires/questionnaires-ad.html">https://enforcement.trade.gov/questionnaires/questionnaires-ad.html</a>. In
accordance with the standard practice for respondent selection in AD
cases involving NME countries, in the event Commerce decides to limit
the number of respondents individually investigated, Commerce intends
to base respondent selection on the responses to the Q&V questionnaire
that it receives.
Responses to the Q&V questionnaire must be submitted by the
relevant Chinese producers/exporters no later than 5:00 p.m. ET on
February 21, 2023, which is two weeks from the signature date of this
notice. All Q&V questionnaire responses must be filed electronically
via ACCESS. An electronically-filed document must be received
successfully, in its entirety, by ACCESS no later than 5:00 p.m. ET on
the deadline noted above.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at <a href="https://enforcement.trade.gov/apo">https://enforcement.trade.gov/apo</a>. Commerce intends to make its decisions
regarding respondent selection within 20 days of publication of this
notice.
[[Page 9486]]
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application.\48\
The specific requirements for submitting a separate rate application in
an NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://enforcement.trade.gov/nme/nme-sep-rate.html">https://enforcement.trade.gov/nme/nme-sep-rate.html</a>. The separate rate
application will be due 30 days after publication of this initiation
notice.\49\ Exporters and producers who submit a separate rate
application and have been selected as mandatory respondents will be
eligible for consideration for separate rate status only if they
respond to all parts of Commerce's AD questionnaire as mandatory
respondents. Commerce requires that companies from China submit a
response both to the Q&V questionnaire and to the separate rate
application by the respective deadlines in order to receive
consideration for separate rate status. Companies not filing a timely
Q&V questionnaire response will not receive separate rate
consideration.
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\48\ See Enforcement and Compliance's Policy Bulletin 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005) (Policy Bulletin 05.1), available at <a href="https://enforcement.trade.gov/policy/bull05-1.pdf">https://enforcement.trade.gov/policy/bull05-1.pdf</a>.
\49\ Although in past investigations this deadline was 60 days,
consistent with 19 CFR 351.301(a), which states that ``the Secretary
may request any person to submit factual information at any time
during a proceeding,'' this deadline is now 30 days.
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Use of Combination Rates
Commerce will calculate combination rates for respondents that are
eligible for a separate rate in an NME investigation. The Separate
Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that {Commerce{time}
will now assign in its NME Investigation will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the {weighted average{time} of the individually
calculated rates. This practice is referred to as the application of
``combination rates'' because such rates apply to specific
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.\50\
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\50\ See Policy Bulletin 05.1 at 6 (emphasis added).
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Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the AD Petitions have been
provided to the governments of Canada, China, Germany, the Netherlands,
Korea, Taiwan, Turkey, and the United Kingdom via ACCESS. To the extent
practicable, we will attempt to provide a copy of the public version of
the AD Petitions to each exporter named in the AD Petitions, as
provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of its initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the AD Petitions were filed, whether there is a reasonable
indication that imports of tin mill products from Canada, China,
Germany, the Netherlands, Korea, Taiwan, Turkey, and/or the United
Kingdom, are materially injuring, or threatening material injury to, a
U.S. industry.\51\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\52\ Otherwise, these AD investigations will proceed according
to statutory and regulatory time limits.
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\51\ See section 733(a) of the Act.
\52\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \53\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\54\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in this investigation.
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\53\ See 19 CFR 351.301(b).
\54\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act, Commerce will respond to such a submission consistent with 19
CFR 351.301(c)(2)(v). If Commerce finds that a PMS exists under section
773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of PMS allegations and supporting
factual information. However, in order to administer section 773(e) of
the Act, Commerce must receive PMS allegations and supporting factual
information with enough time to consider the submission. Thus, should
an interested party wish to submit a PMS allegation and supporting new
factual information pursuant to section 773(e) of the Act, it must do
so no later than 20 days after submission of a respondent's initial
response to section D of the AD questionnaire.
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301. For submissions that are due
from multiple parties simultaneously, an extension request will be
considered untimely if it is filed after 10:00 a.m. ET on the due date.
Under certain circumstances, Commerce may elect to specify a different
time limit by which extension requests will be considered untimely for
submissions which are due
[[Page 9487]]
from multiple parties simultaneously. In such a case, Commerce will
inform parties in a letter or memorandum of the deadline (including a
specified time) by which extension requests must be filed to be
considered timely. An extension request must be made in a separate,
stand-alone submission; under limited circumstances, Commerce will
grant untimely-filed requests for the extension of time limits. Parties
should review Commerce's regulations concerning the extension of time
limits and the Time Limits Final Rule prior to submitting factual
information in these investigations.\55\
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\55\ See 19 CFR 351.302; see also, e.g., Extension of Time
Limits; Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits
Final Rule), available at <a href="http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">http://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\56\
Parties must use the certification formats provided in 19 CFR
351.303(g).\57\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\56\ See section 782(b) of the Act.
\57\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Answers to
frequently asked questions regarding the Final Rule are available at
<a href="http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf">http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_07172013.pdf</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\58\
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\58\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: February 7, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigations
The products within the scope of these investigations are tin
mill flat-rolled products that are coated or plated with tin,
chromium, or chromium oxides. Flat-rolled steel products coated with
tin are known as tinplate. Flat-rolled steel products coated with
chromium or chromium oxides are known as tin-free steel or
electrolytic chromium-coated steel. The scope includes all the noted
tin mill products regardless of thickness, width, form (in coils or
cut sheets), coating type (electrolytic or otherwise), edge
(trimmed, untrimmed or further processed, such as scroll cut),
coating thickness, surface finish, temper, coating metal (tin,
chromium, chromium oxide), reduction (single- or double-reduced),
and whether or not coated with a plastic material.
All products that meet the written physical description are
within the scope of these investigations unless specifically
excluded. The following products are outside and/or specifically
excluded from the scope of these investigations:
<bullet> Single reduced electrolytically chromium coated steel
with a thickness 0.238 mm (85 pound base box) (<plus-minus>10%) or
0.251 mm (90 pound base box) (<plus-minus>10%) or 0.255 mm (<plus-
minus>10%) with 770 mm (minimum width) (<plus-minus>1.588 mm) by 900
mm (maximum length if sheared) sheet size or 30.6875 inches (minimum
width) (<plus-minus>\1/16\ inch) and 35.4 inches (maximum length if
sheared) sheet size; with type MR or higher (per ASTM) A623 steel
chemistry; batch annealed at T2 \1/2\ anneal temper, with a yield
strength of 31 to 42 kpsi (214 to 290 Mpa); with a tensile strength
of 43 to 58 kpsi (296 to 400 Mpa); with a chrome coating restricted
to 32 to 150 mg/m\2\; with a chrome oxide coating restricted to 6 to
25 mg/m\2\ with a modified 7B ground roll finish or blasted roll
finish; with roughness average (Ra) 0.10 to 0.35 micrometers,
measured with a stylus instrument with a stylus radius of 2 to 5
microns, a trace length of 5.6 mm, and a cut-off of 0.8 mm, and the
measurement traces shall be made perpendicular to the rolling
direction; with an oil level of 0.17 to 0.37 grams/base box as type
BSO, or 2.5 to 5.5 mg/m\2\ as type DOS, or 3.5 to 6.5 mg/m\2\ as
type ATBC; with electrical conductivity of static probe voltage drop
of 0.46 volts drop maximum, and with electrical conductivity
degradation to 0.70 volts drop maximum after stoving (heating to 400
degrees F for 100 minutes followed by a cool to room temperature).
<bullet> Single reduced electrolytically chromium- or tin-coated
steel in the gauges of 0.0040 inch nominal, 0.0045 inch nominal,
0.0050 inch nominal, 0.0061 inch nominal (55 pound base box weight),
0.0066 inch nominal (60 pound base box weight), and 0.0072 inch
nominal (65 pound base box weight), regardless of width, temper,
finish, coating or other properties.
<bullet> Single reduced electrolytically chromium coated steel
in the gauge of 0.024 inch, with widths of 27.0 inches or 31.5
inches, and with T-1 temper properties.
<bullet> Single reduced electrolytically chromium coated steel,
with a chemical composition of 0.005% max carbon, 0.030% max
silicon, 0.25% max manganese, 0.025% max phosphorous, 0.025% max
sulfur 0.070% max aluminum, and the balance iron, with a metallic
chromium layer of 70-130 mg/m\2\, with a chromium oxide layer of 5-
30 mg/m\2\, with a tensile strength of 260-440 N/mm\2\, with an
elongation of 28-48%, with a hardness (HR-30T) of 40-58, with a
surface roughness of 0.5-1.5 microns Ra, with magnetic properties of
Bm (kg) 10.0 minimum, Br (kg) 8.0 minimum, Hc (Oe) 2.5-3.8, and MU
1400 minimum, as measured with a Riken Denshi DC magnetic
characteristic measuring machine, Model BHU-60.
<bullet> Bright finish tin-coated sheet with a thickness equal
to or exceeding 0.0299 inch, coated to thickness of \3/4\ pound
(0.000045 inch) and 1 pound (0.00006 inch).
<bullet> Electrolytically chromium coated steel having ultra
flat shape defined as oil can maximum depth of \5/64\ inch (2.0 mm)
and edge wave maximum of \5/64\ inch (2.0 mm) and no wave to
penetrate more than 2.0 inches (51.0 mm) from the strip edge and
coilset or curling requirements of average maximum of \5/64\ inch
(2.0 mm) (based on six readings, three across each cut edge of a 24
inches (61 cm) long sample with no single reading exceeding \4/32\
inch (3.2 mm) and no more than two readings at \4/32\ inch (3.2 mm))
and (for 85 pound base box item only: crossbuckle maximums of 0.001
inch (0.0025 mm) average having no reading above 0.005 inch (0.127
mm)), with a camber maximum of \1/4\ inch (6.3 mm) per 20 feet (6.1
meters), capable of being bent 120 degrees on a 0.002 inch radius
without cracking, with a chromium coating weight of metallic
chromium at 100 mg/m\2\ and chromium oxide of 10 mg/m\2\, with a
chemistry of 0.13% maximum carbon, 0.60% maximum manganese, 0.15%
maximum silicon, 0.20% maximum copper, 0.04% maximum phosphorous,
0.05% maximum sulfur, and 0.20% maximum aluminum, with a surface
finish of Stone Finish 7C, with a DOS-A oil at an aim level of 2 mg/
square meter, with not more than 15 inclusions/foreign matter in 15
feet (4.6 meters) (with inclusions not to exceed \1/32\ inch (0.8
mm) in width and \3/64\ inch (1.2 mm) in length), with thickness/
temper combinations of either 60 pound base box (0.0066 inch) double
reduced CADR8 temper in widths of 25.00 inches, 27.00 inches, 27.50
inches, 28.00 inches, 28.25 inches, 28.50 inches, 29.50 inches,
29.75 inches, 30.25 inches, 31.00 inches, 32.75 inches, 33.75
inches, 35.75 inches, 36.25 inches, 39.00 inches, or 43.00 inches,
or 85 pound base box (0.0094 inch) single reduced CAT4 temper in
widths of 25.00 inches, 27.00 inches, 28.00 inches, 30.00 inches,
33.00 inches, 33.75 inches, 35.75 inches, 36.25 inches, or 43.00
inches, with width tolerance of \1/8\ inch, with a thickness
tolerance of 0.0005 inch, with a maximum coil weight of 20,000
pounds (9071.0 kg), with a minimum coil weight of 18,000 pounds
(8164.8 kg), with a coil inside diameter of 16 inches (40.64 cm)
with a steel
[[Page 9488]]
core, with a coil maximum outside diameter of 59.5 inches (151.13
cm), with a maximum of one weld (identified with a paper flag) per
coil, with a surface free of scratches, holes, and rust.
<bullet> Electrolytically tin coated steel having differential
coating with 1.00 pound/base box equivalent on the heavy side, with
varied coating equivalents in the lighter side (detailed below),
with a continuous cast steel chemistry of type MR, with a surface
finish of type 7B or 7C, with a surface passivation of 0.7 mg/square
foot of chromium applied as a cathodic dichromate treatment, with
coil form having restricted oil film weights of 0.3-0.4 grams/base
box of type DOS-A oil, coil inside diameter ranging from 15.5 to 17
inches, coil outside diameter of a maximum 64 inches, with a maximum
coil weight of 25,000 pounds, and with temper/coating/dimension
combinations of: (1) CAT4 temper, 1.00/.050 pound/base box coating,
70 pound/base box (0.0077 inch) thickness, and 33.1875 inch ordered
width; or (2) CAT5 temper, 1.00/0.50 pound/base box coating, 75
pound/base box (0.0082 inch) thickness, and 34.9375 inch or 34.1875
inch ordered width; or (3) CAT5 temper, 1.00/0.50 pound/base box
coating, 107 pound/base box (0.0118 inch) thickness, and 30.5625
inch or 35.5625 inch ordered width; or (4) CADR8 temper, 1.00/0.50
pound/base box coating, 85 pound/base box (0.0093 inch) thickness,
and 35.5625 inch ordered width; or (5) CADR8 temper, 1.00/0.25
pound/base box coating, 60 pound/base box (0.0066 inch) thickness,
and 35.9375 inch ordered width; or (6) CADR8 temper, 1.00/0.25
pound/base box coating, 70 pound/base box (0.0077 inch) thickness,
and 32.9375 inch, 33.125 inch, or 35.1875 inch ordered width.
<bullet> Electrolytically tin coated steel having differential
coating with 1.00 pound/base box equivalent on the heavy side, with
varied coating equivalents on the lighter side (detailed below),
with a continuous cast steel chemistry of type MR, with a surface
finish of type 7B or 7C, with a surface passivation of 0.5 mg/square
foot of chromium applied as a cathodic dichromate treatment, with
ultra flat scroll cut sheet form, with CAT5 temper with 1.00/0.10
pound/base box coating, with a lithograph logo printed in a uniform
pattern on the 0.10 pound coating side with a clear protective coat,
with both sides waxed to a level of 15-20 mg/216 sq. inch, with
ordered dimension combinations of (1) 75 pound/base box (0.0082
inch) thickness and 34.9375 inch x 31.748 inch scroll cut
dimensions; or (2) 75 pound/base box (0.0082 inch) thickness and
34.1875 inch x 29.076 inch scroll cut dimensions; or (3) 107 pound/
base box (0.0118 inch) thickness and 30.5625 inch x 34.125 inch
scroll cut dimension.
<bullet> Tin-free steel coated with a metallic chromium layer
between 100-200 mg/m\2\ and a chromium oxide layer between 5-30 mg/
m\2\; chemical composition of 0.05% maximum carbon, 0.03% maximum
silicon, 0.60% maximum manganese, 0.02% maximum phosphorous, and
0.02% maximum sulfur; magnetic flux density (Br) of 10 kg minimum
and a coercive force (Hc) of 3.8 Oe minimum.
<bullet> Tin-free steel laminated on one or both sides of the
surface with a polyester film, consisting of two layers (an
amorphous layer and an outer crystal layer), that contains no more
than the indicated amounts of the following environmental hormones:
1 mg/kg BADGE (BisPhenol--A Di-glycidyl Ether), 1 mg/kg BFDGE
(BisPhenol--F Di-glycidyl Ether), and 3 mg/kg BPA (BisPhenol--A).
The merchandise subject to these investigations is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS), under HTSUS subheadings 7210.11.0000, 7210.12.0000,
7210.50.0020, 7210.50.0090, 7212.10.0000, and 7212.50.0000 if of
non-alloy steel and under HTSUS subheadings 7225.99.0090, and
7226.99.0180 if of alloy steel. Although the subheadings are
provided for convenience and customs purposes, the written
description of the scope of the investigations is dispositive.
[FR Doc. 2023-03085 Filed 2-13-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on February 14, 2023.
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.