Notice2023-17407
Certain Cut-to-Length Carbon Steel Plate From the Russian Federation: Termination of the Suspension Agreement and Issuance of Antidumping Duty Order
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 14, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is terminating the Agreement Suspending the Antidumping Duty Investigation on Certain Cut- to-Length Carbon Steel Plate (CTL plate) from the Russian Federation (Russia) (2003 Agreement). Accordingly, Commerce is issuing an antidumping duty (AD) order on CTL plate from Russia. Commerce is directing the suspension of liquidation and collection of cash deposits to begin on the date of publication of this notice.
Full Text
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<title>Federal Register, Volume 88 Issue 155 (Monday, August 14, 2023)</title>
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[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Notices]
[Pages 55012-55013]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17407]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-808]
Certain Cut-to-Length Carbon Steel Plate From the Russian
Federation: Termination of the Suspension Agreement and Issuance of
Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is terminating the
Agreement Suspending the Antidumping Duty Investigation on Certain Cut-
to-Length Carbon Steel Plate (CTL plate) from the Russian Federation
(Russia) (2003 Agreement). Accordingly, Commerce is issuing an
antidumping duty (AD) order on CTL plate from Russia. Commerce is
directing the suspension of liquidation and collection of cash deposits
to begin on the date of publication of this notice.
DATES: Applicable August 14, 2023.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell,
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 December 3, 1996, Commerce initiated an AD investigation under
section 732 of the Tariff Act of 1930, as amended (the Act) on CTL
plate from Russia.\1\ Commerce suspended the AD investigation on
October 24, 1997, on the basis of an agreement between Commerce and the
Government of Russia (GOR) under section 734(l) of the Act to restrict
the volume of direct and indirect exports to the United States of CTL
plate from all Russian producers/exporters and to revise its prices to
eliminate completely sales of this merchandise to the United States at
less than fair value.\2\ In the Final Determination, Commerce
calculated weighted-average dumping margins of 53.81 percent for Joint
Stock Company Severstal (Severstal) and 185.00 percent for the
``Russia-wide'' entity.\3\ In December 1997, the U.S. International
Trade Commission (ITC) determined that an industry in the United States
was threatened with material injury by reason of imports of CTL plate
from China, Russia, South Africa, and Ukraine.\4\
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\1\ See Initiation of Antidumping Duty Investigations: Certain
Cut-To-Length Carbon Steel Plate from the People's Republic of
China, Ukraine, the Russian Federation, and the Republic of South
Africa, 61 FR 64051 (December 3, 1996).
\2\ See Suspension of Antidumping Duty Investigation: Certain
Cut-to-Length Carbon Steel Plate from the Russian Federation, 62 FR
61780 (November 19, 1997) (1997 Suspension Agreement).
\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, 61794 (November 19, 1997) (Final
Determination).
\4\ See Certain Carbon Steel Plate from China, Russia, South
Africa, and Ukraine, Inv. Nos. 731-TA-753- 756 (Final), USITC Pub.
3076 (December 1997) (ITC Determination).
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On June 6, 2002, based on the evidence of Russian economic reforms
to that date, Commerce revoked Russia's status as a non-market economy
(NME) country under section 771(18)(B) of the Act, effective on April
1, 2002.\5\ On December 20, 2002, Commerce and three Russian CTL plate
producers, Severstal, JSC Magnitogorsk Iron and Steel Works, and JSC
NOSTA (OKIW) Integrated Iron-Steel Works, signed a revised suspension
agreement pursuant to section 734(b) of the Act. The effective date of
the 2003 Agreement was January 23, 2003.\6\
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\5\ See Memorandum, ``Inquiry into the Status of the Russian
Federation as a Non-Market Economy Country Under the U.S.
Antidumping Law,'' dated June 6, 2002.
\6\ 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 November 9, 2022, Commerce revoked Russia's market-economy
status in the AD investigation into Emulsion Styrene-Butadiene Rubber
from the Russian Federation.\7\ On March 30, 2023, domestic producers
Nucor Corporation, Cleveland-Cliffs Inc., and SSAB Enterprises LLC
(collectively, domestic parties) filed a request to terminate the 2003
Agreement.\8\ They argue that the 2003 Agreement is no longer in the
public interest primarily because in November 2022 Commerce
reclassified Russia as an NME country.
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\7\ See Emulsion Styrene-Butadiene Rubber from the Russian
Federation, 87 FR 69002 (November 17, 2022) (final and
classification of the Russian Federation as an NME).
\8\ See Domestic Parties' Letter, ``Request to Terminate
Suspension Agreement,'' dated March 30, 2023.
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We asked interested parties to comment on the request in a Federal
Register notice published on April 24, 2023.\9\ We received comments
from the domestic parties and the GOR. We received rebuttal comments
from the domestic parties. These comments are summarized and addressed
in the
[[Page 55013]]
accompanying Issues and Decision Memorandum (IDM). For the reasons
addressed in the IDM, Commerce is terminating the 2003 Agreement and
instituting an AD order.
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\9\ See Invitation for Comment on the Agreement Suspending the
Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel
Plate from the Russian Federation, 88 FR 24756 (April 24, 2023).
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Antidumping Duty Order
As noted above, the underlying investigation in this proceeding was
continued pursuant to section 734(g) of the Act. Commerce made a final
affirmative AD determination, and the ITC found material injury.\10\
Therefore, in light of the termination of the 2003 Agreement and the
final affirmative determinations issued by Commerce and ITC, in
accordance with section 735(c)(2) of the Act, Commerce is issuing an AD
order and will instruct U.S. Customs and Border Protection (CBP) to
suspend liquidation of entries of subject merchandise, entered, or
withdrawn from warehouse, for consumption on after the date of
publication of this Notice. These suspension-of-liquidation
instructions will remain in effect until further notice.
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\10\ See Final Determination, and ITC Determination,
respectively.
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In accordance with section 736(a)(1) of the Act, Commerce is
directing CBP to assess, upon further instruction by Commerce,
antidumping duties equal to the amount by which the normal value of the
merchandise exceeds the export price (or constructed export price) of
the merchandise, for all entries of CTL plate from Russia subject to
the scope of this order in the appendix below.
Commerce also shall instruct CBP to require a cash deposit for each
entry equal to the AD estimated weighted-average margin rates found in
Commerce's Final Determination, as listed below. Accordingly, for
entries of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the date of publication of this Federal
Register notice, CBP will require, at the same time as importers would
normally deposit estimated duties on the subject merchandise, a cash
deposit equal to the estimated weighted-average dumping margins listed
below. Therefore, effective on the date of publication of this notice,
CBP shall require a cash deposit equal to the cash deposit rates shown
below. These suspension of liquidation and cash deposit instructions
will remain in effect until further notice.
The ad valorem rates for this AD order are as follows:
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Estimated
weighted-
Producer/exporter average
dumping margin
(percent)
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Joint Stock Company Severstal........................... 53.81
Russia-wide Rate........................................ 185.00
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The Russia-Wide Rate
A Russia-wide rate was assigned to certain CTL plate based on the
average margin contained in the petition. The Russia-wide rate applies
to all entries of subject merchandise except for entries from
exporters/factories that are identified individually above.
Notification to Interested Parties
This notice constitutes the AD order with respect to CTL plate from
Russia pursuant to section 736(a) of the Act. Interested parties can
find a list of AD orders currently in effect at <a href="https://enforcement.trade.gov/stats/iastats1.html">https://enforcement.trade.gov/stats/iastats1.html</a>. This order is issued and
published in accordance with section 736(a) of the Act and 19 CFR
351.211(b).
Dated: August 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Order
The scope of the order includes hot-rolled iron and non-alloy
steel universal mill plates (i.e., flat-rolled products rolled on
four faces or in a closed box pass, of a width exceeding 150 mm but
not exceeding 1250 mm and of a thickness of not less than 4 mm, not
in coils and without patterns in relief), of rectangular shape,
neither clad, plated nor coated with metal, whether or not painted,
varnished, or coated with plastics or other nonmetallic substances;
and certain iron and non-alloy steel flat-rolled products not in
coils, of rectangular shape, hot-rolled, neither clad, plated, nor
coated with metal, whether or not painted, varnished, or coated with
plastics or other nonmetallic substances, 4.75 mm or more in
thickness and of a width which exceeds 150 mm and measures at least
twice the thickness.
Included as subject merchandise in the order are flat-rolled
products of nonrectangular cross-section where such cross-section is
achieved subsequent to the rolling process (i.e., products which
have been ``worked after rolling'') for example, products which have
been beveled or rounded at the edges.
This merchandise is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS) 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 HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of the order
is dispositive. Specifically excluded from subject merchandise
within the scope of this order is grade X-70 steel plate.
[FR Doc. 2023-17407 Filed 8-11-23; 8:45 am]
BILLING CODE 3510-DS-P
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