Notice2023-08604
Invitation for Comment on the Agreement Suspending the Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel Plate From the Russian Federation
Primary source
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Published
April 24, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On March 30, 2023, Nucor Corporation, Cleveland-Cliffs Inc., and SSAB Enterprises LLC (collectively, domestic interested parties), filed with the U.S. Department of Commerce (Commerce) a request to terminate the 2003 Agreement Suspending the Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation (Agreement). For the reasons stated in this notice, Commerce is requesting comments on whether the Agreement is no longer meeting its statutory requirements.
Full Text
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<title>Federal Register, Volume 88 Issue 78 (Monday, April 24, 2023)</title>
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[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24756-24757]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08604]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-808]
Invitation for Comment on the Agreement Suspending the
Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel
Plate From the Russian Federation
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 30, 2023, Nucor Corporation, Cleveland-Cliffs Inc.,
and SSAB Enterprises LLC (collectively, domestic interested parties),
filed with the U.S. Department of Commerce (Commerce) a request to
terminate the 2003 Agreement Suspending the Antidumping Duty
Investigation of Certain Cut-to-Length Carbon Steel Plate from the
Russian Federation (Agreement). For the reasons stated in this notice,
Commerce is requesting comments on whether the Agreement is no longer
meeting its statutory requirements.
DATES: Applicable April 24, 2023.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell,
Bilateral Agreements Unit, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-0162 or (202)
482-0408, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 23, 2003, Commerce and producers/exporters accounting
for substantially all imports of certain cut-to-length carbon steel
plate (CTL plate) from the Russian Federation entered into the
Agreement under section 734(b) of the Tariff Act of 1930, as amended
(the Act).\1\ In entering into the Agreement, Commerce determined,
under section 734(b) of the Act, that the Agreement would eliminate
completely sales at less than fair value of the imported subject
merchandise and, under section 734(d) of the Act, that the Agreement
was in the public interest and could be monitored effectively.
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\1\ See Suspension of Antidumping Duty Investigation of Certain
Cut-to-Length Carbon Steel Plate from the Russian Federation, 68 FR
3859 (January 27, 2003).
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On March 30, 2023, the domestic interested parties filed a request
that Commerce terminate the Agreement and impose an antidumping duty
order on imports of CTL plate from the Russia Federation.\2\ The
domestic interested parties argue that the Agreement is no longer
meeting the requirements of sections 734(b) and section 734(d) of the
Act.
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\2\ See Domestic Interested Parties' Letter, ``Request to
Terminate Suspension Agreement,'' dated March 30, 2023.
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Scope of Agreement
The products covered by the Agreement are CTL plate from the
Russian Federation. This merchandise is currently classified in the
Harmonized Tariff Schedule of the United States (HTS) under item
numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, and 7212.50.0000. Although the HTS
subheadings are provided for convenience and customs purposes, our
written description of the scope of the Agreement is dispositive. For a
full description of the scope of this Agreement, see Appendix B of the
Agreement.
Invitation for Comment
As discussed above, Commerce has received a request to terminate
the Agreement from the domestic interested parties and is currently
evaluating the request. The Agreement, at Section F, provides that
``{i{time} f the Department determines that the Agreement is being or
has been violated or no longer meets the requirements of section 734(b)
or (d) of the Act, Commerce shall take action it determines appropriate
under section 734(i) of the Act and the regulations.''
Section 734(i) of the Act provides that where, as here, the
investigation was completed,\3\ Commerce shall suspend liquidation and
issue an antidumping duty order under section 736(a) of the Act if
Commerce determines that there has been a violation of the Agreement,
or if the Agreement no longer meets the statutory requirements.
Pursuant to 19 CFR 351.209(c)(1), if Commerce has reason to believe
that a suspension agreement no longer meets the requirements of section
734(d) of the Act, it will publish a notice inviting comment on the
suspension agreement. Based on the domestic interested parties' request
to terminate, we find that the requirements of 19 CFR 351.209(c)(1)
have been met, and as such, are issuing this notice to seek comments to
determine if suspension of the investigation no longer meets the
statutory requirements.
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\3\ See Notice of Final Determination of Sales at Less Than Fair
Value: Certain Cut-to-Length Carbon Steel Plate from the Russian
Federation, 62 FR 61787 (November 19, 1997).
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After consideration of comments received, Commerce will determine
whether the Agreement no longer meets the statutory requirements and,
if appropriate, take necessary action in accordance with section 734(i)
of the Act and 19 CFR 351.209(c).
Public Comment
Interested parties may submit comments via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS) no later than 30 days after the date of
publication of this notice. ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. Rebuttal comments, limited to issues raised
in the affirmative comments, may be submitted via ACCESS no later than
seven days after the deadline for comments. Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\4\
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\4\ 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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When submitting comments via ACCESS, interested parties must upload
their submissions to the segment in ACCESS entitled ``Suspension
Agreement'' and Segment Specific Information identified as ``2003.''
Notification to Interested Parties
Commerce is issuing this notice in accordance with 734(i) of the
Act and 19 CFR 351.209(c).
[[Page 24757]]
Dated: April 19, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-08604 Filed 4-21-23; 8:45 am]
BILLING CODE 3510-DS-P
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