Notice2023-12320
Certain Cut-to-Length Carbon-Quality Steel Plate From India, Indonesia, and the Republic of Korea: Final Results of Expedited Fourth Sunset Reviews of Countervailing Duty Orders
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
June 9, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) orders on certain cut-to- length carbon-quality steel plate (CTL plate) from India, Indonesia, and the Republic of Korea (Korea) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the "Final Results of Review" section of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 111 (Friday, June 9, 2023)</title>
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[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Notices]
[Pages 37856-37858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12320]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-533-818, C-560-806, C-580-837]
Certain Cut-to-Length Carbon-Quality Steel Plate From India,
Indonesia, and the Republic of Korea: Final Results of Expedited Fourth
Sunset Reviews of Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) finds that
revocation of the countervailing duty (CVD) orders on certain cut-to-
length carbon-quality steel plate (CTL plate) from India, Indonesia,
and the Republic of Korea (Korea) would be likely to lead to
continuation or recurrence of a countervailable subsidy at the levels
indicated in the ``Final Results of Review'' section of this notice.
DATES: Applicable June 9, 2023.
FOR FURTHER INFORMATION CONTACT: Kate Sliney, AD/CVD Operations, Office
III, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-243.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, the U.S. Department of Commerce (Commerce)
published the CVD orders on CTL plate from Korea, India and
Indonesia.\1\ On February 1, 2023, Commerce initiated sunset reviews of
the Orders, pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\2\ Commerce
[[Page 37857]]
received notices of intent to participate in each of these reviews from
the following domestic interested parties: Cleveland-Cliffs Inc.
(Cleveland-Cliffs), Nucor Corporation (Nucor), and SSAB Enterprises LLC
(SSAB) (collectively, the domestic interested parties) within the
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic
interested parties claimed interested party status under section
771(9)(C) of the Act.\4\
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\1\ See Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate from France, India, Indonesia,
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000)
(Orders).
\2\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700,
(February 1, 2023).
\3\ See Cleveland-Cliff's Letter, ``Five-Year (``Sunset'')
Reviews Of Antidumping and Countervailing Duty Orders On Certain
Cut-To-Length Carbon-Quality Steel Plate from India, Indonesia, and
Korea: Notice Of Intent To Participate In Sunset Reviews,'' dated
February 9, 2023 (Cleveland-Cliffs Notice of Intent); see also
Nucor's Letters, ``Certain Cut-To-Length Carbon-Quality Steel Plate
from Indonesia: Notice of Intent to Participate in Sunset Review,''
dated February 15, 2023; ``Certain Cut-To-Length Carbon-Quality
Steel Plate from Indonesia: Notice of Intent to Participate in
Sunset Review,'' dated February 15, 2023; and ``Certain Cut-To-
Length Carbon-Quality Steel Plate from the Republic of Korea: Notice
of Intent to Participate in Sunset Review,'' dated February 15, 2023
(collectively, Nucor's Notice of Intent); ``SSAB's Letters, ``Notice
of Intent to Participate in the Fourth Five-Year Review of the
Countervailing Duty Order on Certain Cut-To-Length Carbon-Quality
Steel Plate from Korea,'' dated February 7, 2023; ``Notice of Intent
to Participate in the Fourth Five-Year Review of the Countervailing
Duty Order on Certain Cut-To-Length Carbon-Quality Steel Plate from
India,'' dated February 7, 2023; and ``Notice of Intent to
Participate in the Fourth Five-Year Review of the Countervailing
Duty Order on Certain Cut-To-Length Carbon-Quality Steel Plate from
Indonesia,'' dated February 7, 2023 (collectively, SSAB's Notice of
Intent).
\4\ See Cleveland-Cliffs Notice of Intent at 2; see also Nucor's
Notice of Intent at 2; and SSAB's Notice of Intent at 2.
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Commerce received adequate substantive responses from the domestic
interested parties within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\5\ Commerce did not receive a substantive response
from any government or respondent interested party to these
proceedings. On March 23, 2023, Commerce notified the U.S.
International Trade Commission that it did not receive an adequate
substantive response from respondent interested parties.\6\ As a
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), Commerce determined that the respondent
interested parties did not provide an adequate response to the notice
of initiation and, therefore, conducted expedited (120-day) sunset
reviews of the Orders.
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\5\ See Domestic Interested Parties' Letters, ``Certain Cut-to-
Length Carbon-Quality Steel Plate from the Republic of Korea:
Substantive Response to Notice of Initiation of Sunset Review,''
dated March 2, 2023; ``Fourth Five-Year (``Sunset'') Review of the
Countervailing Duty Order on Certain Cut-To-Length Carbon-Quality
Steel Plate from India: Domestic Interested Parties' Substantive
Response,'' dated March 3, 2023; and ``Five-Year (``Sunset'') Review
Of Countervailing Duty Order On Certain Cut-To-Length Carbon-Quality
Steel Plate from Indonesia: Domestic Industry Substantive
Response,'' dated February 27, 2023.
\6\ See Commerce's Letter, ``Sunset Reviews Initiated on
February 1, 2023,'' dated March 23, 2023.
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Scope of the Orders
The product covered by the Orders is certain cut-to-length carbon-
quality steel plate from Korea, India and Indonesia. For a complete
description of the scope of the Orders, see the Issues and Decision
Memoranda.\7\
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\7\ See Memoranda, ``Issues and Decision Memorandum for the
Final Results of the Fourth Expedited Sunset Review of the
Countervailing Duty Order on Certain Cut-To-Length Carbon-Quality
Steel Plate from the Republic of Korea,'' dated concurrently with,
and hereby adopted by, this notice; ``Issues and Decision Memorandum
for the Final Results of the Fourth Expedited Sunset Review of the
Countervailing Duty Order on Certain Cut-to-Length Carbon-Quality
Steel Plate from India,'' dated concurrently with, and hereby
adopted by, this notice; and ``Issues and Decision Memorandum for
the Final Results of the Fourth Expedited Sunset Review of the
Countervailing Duty Order on Certain Cut-to-Length Carbon-Quality
Steel Plate from Indonesia,'' dated concurrently with, and hereby
adopted by, this notice (collectively, Issues and Decision
Memoranda).
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Analysis of the Comments Received
A complete discussion of all issues raised in these sunset reviews,
including the likelihood of continuation or recurrence of subsidization
in the event of revocation of the Orders and the countervailable
subsidy rates likely to prevail if the Orders were to be revoked, is
provided in the Issues and Decision Memoranda. A list of topics
discussed in each Issues and Decision Memoranda is included as the
appendix to this notice. The Issues and Decision Memoranda are public
documents and are on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, complete versions of the Issues
and Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Final Results of Sunset Reviews
Pursuant to sections 751(c)(1) and 52(b) of the Act, Commerce
determines that revocation of the CVD order on CTL plate from Korea
would be likely to lead to continuation or recurrence of a
countervailable subsidies at the following net countervailable subsidy
rates:
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Subsidy rate
Producers/exporters (percent ad
valorem)
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Dongkuk Steel Mill, Ltd. (DSM).......................... 2.02
All Others.............................................. 1.99
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Pursuant to sections 751(c)(1) and 52(b) of the Act, Commerce
determines that revocation of the CVD order on CTL plate from India
would be likely to lead to continuation or recurrence of a
countervailable subsidies at the following net countervailable subsidy
rates:
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Subsidy rate
Producers/exporters (percent ad
valorem)
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Steel Authority of India (SAIL)......................... 12.82
All Others.............................................. 12.82
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Pursuant to sections 751(c)(1) and 52(b) of the Act, Commerce
determines that revocation of the CVD order on CTL plate from Indonesia
would be likely to lead to continuation or recurrence of a
countervailable subsidies at the following net countervailable subsidy
rates:
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Subsidy rate
Producers/exporters (percent ad
valorem)
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P.T. Krakatau Steel..................................... 47.71
All Others \8\.......................................... 15.90
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Administrative Protective Order (APO)
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\8\ P.T. Gunawan Steel and P.T. Jaya Pari were excluded from the
CVD order because they received a de minimis net subsidy rate of
0.00 percent ad valorem. See Final Affirmative Countervailing Duty
Determination: Certain Cut-to-Length Carbon-Quality Steel Plate from
Indonesia, 64 FR 73155 (December 29, 1999).
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This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the disposition of proprietary
information disclosed under APO in accordance with 19 CFR 351.305,
which continues to govern business proprietary information in this
segment of the proceeding. Timely notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and the
terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing these final results and this
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the
Act, and 19 CFR 351.218(e)(1)(ii)(C)(2).
[[Page 37858]]
Dated: May 25, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memoranda
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1: Likelihood of Continuation of Recurrence of a Countervailable
Subsidy
2: Net Countervailable Subsidy Rates Likely to Prevail
3: Nature of the Subsidy
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2023-12320 Filed 6-8-23; 8:45 am]
BILLING CODE 3510-DS-P
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