Notice2023-18027
Tin Mill Products From Canada: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Determination of Critical Circumstances, Postponement of Final Determination, and Extension of Provisional Measures
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 22, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that tin mill products from Canada are being, or likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is January 1, 2022, through December 31, 2022. Interested parties are invited to comment on this preliminary determination.
Full Text
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<title>Federal Register, Volume 88 Issue 161 (Tuesday, August 22, 2023)</title>
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[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Notices]
[Pages 57081-57084]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18027]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-869]
Tin Mill Products From Canada: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Preliminary Negative
Determination of Critical Circumstances, Postponement of Final
Determination, and Extension of Provisional Measures
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that tin mill products from Canada are being, or likely to
be, sold in the United States at less than fair value (LTFV). The
period of investigation is January 1, 2022, through December 31, 2022.
Interested parties are invited to comment on this preliminary
determination.
DATES: Applicable August 22, 2023.
FOR FURTHER INFORMATION CONTACT: Yang Jin Chun, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5760.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce
published the notice of initiation of this LTFV investigation on
February 14, 2023.\1\ On May 31, 2023, Commerce postponed the
preliminary determination of this investigation and the revised
deadline is now August 16, 2023.\2\ For a complete description of the
events that followed the initiation of this investigation, see the
Preliminary Decision Memorandum.\3\ A list of topics included
[[Page 57082]]
in the Preliminary Decision Memorandum is included as Appendix II to
this notice. The Preliminary Decision Memorandum is a public document
and is 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, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See 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, 88 FR 9481 (February 14, 2023)
(Initiation Notice).
\2\ See 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: Postponement of
Preliminary Determinations in the Less-Than-Fair-Value
Investigations, 88 FR 34827 (May 31, 2023).
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Determination of Sales at Less Than Fair Value and
Preliminary Negative Determination of Critical Circumstances in the
Investigation of Tin Mill Products from Canada,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Investigation
The products covered by this investigation are tin mill products
from Canada. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,\4\ in
the Initiation Notice, Commerce set aside a period of time for parties
to raise issues regarding product coverage (i.e., scope).\5\ Certain
interested parties commented on the scope of the investigation as it
appeared in the Initiation Notice. For a summary of the product
coverage comments and rebuttal responses submitted to the record for
this investigation, and accompanying discussion and analysis of all
comments timely received, see the Preliminary Scope Decision
Memorandum.\6\ As discussed in the Preliminary Scope Decision
Memorandum, Commerce preliminarily did not modify the scope language as
it appeared in the Initiation Notice. In the Preliminary Scope Decision
Memorandum, Commerce established the deadline for parties to submit
scope case and rebuttal briefs.
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\4\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997).
\5\ See Initiation Notice, 88 FR at 9482.
\6\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated concurrently with this notice (Preliminary Scope Decision
Memorandum).
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Methodology
Commerce is conducting this investigation in accordance with
section 731 of the Act. Commerce calculated export prices in accordance
with section 772(a) of the Act. Normal value is calculated in
accordance with section 773 of the Act. For a full description of the
methodology underlying the preliminary determination, see the
Preliminary Decision Memorandum.
Preliminary Negative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206,
Commerce preliminarily finds that critical circumstances do not exist
for ArcelorMittal Dofasco G.P. (Dofasco) and all other Canadian
producers and exporters. For a full description of the methodology and
results of Commerce's critical circumstances analysis, see the
Preliminary Decision Memorandum.
All-Others Rate
Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in
the preliminary determination, Commerce shall determine an estimated
all-others rate for all exporters and producers not individually
examined. This rate shall be an amount equal to the weighted average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
and de minimis margins, and any margins determined entirely under
section 776 of the Act. Commerce calculated an individual estimated
weighted-average dumping margin for Dofasco, the only individually
examined exporter/producer in this investigation. Because the only
individually calculated dumping margin is not zero, de minimis, or
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for Dofasco is the margin assigned to
all other producers and exporters, pursuant to section 735(c)(5)(A) of
the Act.
Preliminary Determination
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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ArcelorMittal Dofasco G.P................................... 5.29
All Others.................................................. 5.29
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Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will
direct U.S. Customs and Border Protection (CBP) to suspend liquidation
of entries of subject merchandise, as described in Appendix I, entered,
or withdrawn from warehouse, for consumption on or after the date of
publication of this notice in the Federal Register. Further, pursuant
to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will
instruct CBP to require a cash deposit equal to the estimated weighted-
average dumping margin or the estimated all-others rate, as follows:
(1) the cash deposit rate for the respondent listed above will be equal
to the company-specific estimated weighted-average dumping margins
determined in this preliminary determination; (2) if the exporter is
not a respondent identified above, but the producer is, then the cash
deposit rate will be equal to the company-specific estimated weighted-
average dumping margin established for that producer of the subject
merchandise; and (3) the cash deposit rate for all other producers and
exporters will be equal to the all-others estimated weighted-average
dumping margin.
Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary determination
within five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in the Federal Register, in accordance with 19 CFR 351.224(b).
Verification
As provided in section 782(i)(1) of the Act, Commerce intends to
verify the information relied upon in making its final determination.
Public Comment
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance no
later than seven days after the date on which the last verification
report is issued in this investigation. Rebuttal briefs, limited to
issues raised in case briefs, may be submitted no later than seven days
after the deadline date for case briefs.\7\ Note that Commerce has
temporarily modified certain of its requirements for serving documents
containing business proprietary information, until further notice.\8\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case
briefs or rebuttal briefs in this investigation are encouraged to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.
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\7\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
\8\ 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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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the
[[Page 57083]]
case and rebuttal briefs, must submit a written request to the
Assistant Secretary for Enforcement and Compliance, U.S. Department of
Commerce, within 30 days after the date of publication of this notice
in the Federal Register. Requests should contain the party's name,
address, and telephone number, the number of participants, whether any
participant is a foreign national, and a list of the issues to be
discussed. If a request for a hearing is made, Commerce intends to hold
the hearing at a time and date to be determined. Parties should confirm
by telephone the date, time, and location of the hearing two days
before the scheduled date.
Postponement of Final Determination and Extension of Provisional
Measures
Section 735(a)(2) of the Act provides that a final determination
may be postponed until not later than 135 days after the date of the
publication of the preliminary determination in the Federal Register
if, in the event of an affirmative preliminary determination, a request
for such postponement is made by exporters who account for a
significant proportion of exports of the subject merchandise, or in the
event of a negative preliminary determination, a request for such
postponement is made by the petitioner. Section 351.210(e)(2) of
Commerce's regulations requires that a request by an exporter for
postponement of the final determination be accompanied by a request for
extension of provisional measures from a four-month period to a period
not more than six months in duration.
On August 2, 2023, pursuant to 19 CFR 351.210(e), Dofasco requested
that Commerce postpone the final determination and that provisional
measures be extended to a period not to exceed six months.\9\ In
accordance with section 735(a)(2)(A) of the Act and 19 CFR
351.210(b)(2)(ii), because: (1) the preliminary determination is
affirmative; (2) the requesting exporter accounts for a significant
proportion of exports of the subject merchandise; and (3) no compelling
reasons for denial exist, Commerce is postponing the final
determination and extending the provisional measures from a four-month
period to a period not greater than six months. Accordingly, Commerce
will make its final determination no later than 135 days after the date
of publication of this preliminary determination in the Federal
Register, pursuant to section 735(a)(2) of the Act.\10\
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\9\ See Dofasco's Letter, ``Request to Postpone Final
Determination,'' dated August 2, 2023.
\10\ See 19 CFR 351.210(e).
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U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the International Trade Commission (ITC) of its preliminary
determination. If the final determination is affirmative, the ITC will
determine before the later of 120 days after the date of this
preliminary determination or 45 days after the final determination
whether these imports of tin mill products from Canada are materially
injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: August 16, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products within the scope of this investigation 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 this investigation unless specifically excluded.
The following products are outside and/or specifically excluded from
the scope of this investigation:
<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
[[Page 57084]]
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 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 this investigation 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 investigation is dispositive.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Discussion of the Methodology
VI. Preliminary Negative Determination of Critical Circumstances
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2023-18027 Filed 8-21-23; 8:45 am]
BILLING CODE 3510-DS-P
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