Tin Mill Products From Canada, China, Germany, the Netherlands, South Korea, Taiwan, Turkey, and the United Kingdom; Scheduling of the Final Phase of Countervailing Duty and Antidumping Duty Investigations
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Abstract
The Commission hereby gives notice of the scheduling of the final phase of countervailing and antidumping duty investigation Nos. 701-TA-685 and 731-TA-1599-1606 (Final) pursuant to the Tariff Act of 1930 ("the Act") to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of tin mill products from Canada, China, Germany, the Netherlands, South Korea, Taiwan, Turkey, and the United Kingdom, provided for in subheadings 7210.11.00, 7210.12.00, 7210.50.00, 7212.10.00, 7212.50.00, 7225.99.00, and 7226.99.01 of the Harmonized Tariff Schedule of the United States. The Department of Commerce ("Commerce") has preliminary determined imports of tin mill products from China to be subsidized and imports of tin mill products from Canada, China, and Germany to be sold at less-than-fair value. In addition, Commerce has made negative preliminary determinations of sales at less-than-fair value in the antidumping duty investigations on tin mill products from the Netherlands, South Korea, Taiwan, Turkey, and the United Kingdom.
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<title>Federal Register, Volume 88 Issue 169 (Friday, September 1, 2023)</title>
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[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60484-60486]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18914]
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INTERNATIONAL TRADE COMMISSION
[Investigation Nos. 701-TA-685 and 731-TA-1599-1606 (Final)]
Tin Mill Products From Canada, China, Germany, the Netherlands,
South Korea, Taiwan, Turkey, and the United Kingdom; Scheduling of the
Final Phase of Countervailing Duty and Antidumping Duty Investigations
AGENCY: International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of countervailing and antidumping duty investigation Nos.
701-TA-685 and 731-TA-1599-1606 (Final) pursuant to the Tariff Act of
1930 (``the Act'') to determine whether an industry in the United
States is materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of imports of tin mill products from Canada, China,
Germany, the Netherlands, South Korea, Taiwan, Turkey, and the United
Kingdom, provided for in subheadings 7210.11.00, 7210.12.00,
7210.50.00, 7212.10.00, 7212.50.00, 7225.99.00, and 7226.99.01 of the
Harmonized Tariff Schedule of the United States. The Department of
Commerce (``Commerce'') has preliminary determined imports of tin mill
products from China to be subsidized and imports of tin mill products
from Canada, China, and Germany to be sold at less-than-fair value. In
addition, Commerce has made negative preliminary determinations of
sales at less-than-fair value in the antidumping duty investigations on
tin mill products from the Netherlands, South Korea, Taiwan, Turkey,
and the United Kingdom.
DATES: August 22, 2023.
FOR FURTHER INFORMATION CONTACT: Caitlyn Hendricks (202-205-2058),
Office of Investigations, U.S. International Trade Commission, 500 E
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain
information on this matter by contacting the Commission's TDD terminal
on 202-205-1810. Persons with mobility impairments who will need
special assistance in gaining access to the Commission should contact
the Office of the Secretary at 202-205-2000. General information
concerning the Commission may also be obtained by accessing its
internet server (<a href="https://www.usitc.gov">https://www.usitc.gov</a>). The public record for
[[Page 60485]]
these investigations may be viewed on the Commission's electronic
docket (EDIS) at <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Scope.--For purposes of these investigations, Commerce has defined
the subject merchandise as ``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.'' \1\
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\1\ A full description of the subject merchandise covered in the
scope of these investigations is contained in the Federal Register
notices of Commerce's preliminary countervailing and antidumping
duty determinations on tin mill products. 88 FR 41373, June 26,
2023; 88 FR 57078, 88 FR 57081, 88 FR 57084, 88 FR 57087, 88 FR
57090, 88 FR 57093, 88 FR 57096, 88 FR 57099, August 22, 2023.
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Background.--The final phase of these investigations is being
scheduled pursuant to sections 705(b) and 731(b) of the Act (19 U.S.C.
1671d(b) and 1673d(b)), as a result of affirmative preliminary
determinations by Commerce that certain benefits which constitute
subsidies within the meaning of Sec. 703 of the Act (19 U.S.C. 1671b)
are being provided to manufacturers, producers, or exporters in China
of tin mill products, and that such products from Canada, China, and
Germany are being sold in the United States at less than fair value
within the meaning of Sec. 733 of the Act (19 U.S.C. 1673b).\2\ The
investigations were requested in petitions filed on January 18, 2023,
by Cleveland-Cliffs Inc., Cleveland, Ohio and the United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers International Union, Pittsburgh, Pennsylvania.
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\2\ While Commerce has preliminarily determined that imports of
tin mill products from the Netherlands, South Korea, Taiwan, Turkey,
and the United Kingdom are not being and are not likely to be sold
in the United States at less-than-fair value, the Commission is
continuing its investigative activities pursuant to Sec. 207.21 of
the Commission's Rules of Practice and Procedure (19 CFR 207.21(c)).
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For further information concerning the conduct of this phase of the
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A and B (19 CFR part 201), and part 207, subparts A and C (19
CFR part 207).
Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if
the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of these
investigations as parties must file an entry of appearance with the
Secretary to the Commission, as provided in Sec. 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigations need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigations.
Please note the Secretary's Office will accept only electronic
filings during this time. Filings must be made through the Commission's
Electronic Document Information System (EDIS, <a href="https://edis.usitc.gov">https://edis.usitc.gov</a>).
No in-person paper-based filings or paper copies of any electronic
filings will be accepted until further notice.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary
will make BPI gathered in the final phase of these investigations
available to authorized applicants under the APO issued in the
investigations, provided that the application is made no later than 21
days prior to the hearing date specified in this notice. Authorized
applicants must represent interested parties, as defined by 19 U.S.C.
1677(9), who are parties to the investigations. A party granted access
to BPI in the preliminary phase of the investigations need not reapply
for such access. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Staff report.--The prehearing staff report in the final phase of
these investigations will be placed in the nonpublic record on October
18, 2023, and a public version will be issued thereafter, pursuant to
Sec. 207.22 of the Commission's rules.
Hearing.--The Commission will hold a hearing in connection with the
final phase of these investigations beginning at 9:30 a.m. on November
1, 2023. Requests to appear at the hearing should be filed in writing
with the Secretary to the Commission on or before October 26, 2023. Any
requests to appear as a witness via videoconference must be included
with your request to appear. Requests to appear via videoconference
must include a statement explaining why the witness cannot appear in
person; the Chairman, or other person designated to conduct the
investigation, may in their discretion for good cause shown, grant such
a request. Requests to appear as remote witness due to illness or a
positive COVID-19 test result may be submitted by 3 p.m. the business
day prior to the hearing. Further information about participation in
the hearing will be posted on the Commission's website at <a href="https://www.usitc.gov/calendarpad/calendar.html">https://www.usitc.gov/calendarpad/calendar.html</a>.
A nonparty who has testimony that may aid the Commission's
deliberations may request permission to present a short statement at
the hearing. All parties and nonparties desiring to appear at the
hearing and make oral presentations should attend a prehearing
conference, if deemed necessary, to be held at 9:30 a.m. on October 30,
2023. Parties shall file and serve written testimony and presentation
slides in connection with their presentation at the hearing by no later
than 4:00 p.m. on October 31, 2023. Oral testimony and written
materials to be submitted at the public hearing are governed by
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules.
Parties must submit any request to present a portion of their hearing
testimony in camera no later than 7 business days prior to the date of
the hearing.
Written submissions.--Each party who is an interested party shall
submit a prehearing brief to the Commission. Prehearing briefs must
conform with the provisions of Sec. 207.23 of the Commission's rules;
the deadline for filing is October 25, 2023. Parties shall also file
written testimony in connection with their presentation at the hearing,
and posthearing briefs, which must conform with the provisions of Sec.
207.25 of the Commission's rules. The deadline for filing posthearing
briefs is November 8, 2023. In addition, any person who has not entered
an appearance as a party to the investigations may submit a written
statement of information pertinent to the subject of the
investigations, including statements of support or opposition to the
petitions, on or before November 8, 2023. On November 22, 2023, the
Commission will make available to parties all information on which they
have not had an opportunity to comment. Parties may submit final
comments on this
[[Page 60486]]
information on or before November 27, 2023, but such final comments
must not contain new factual information and must otherwise comply with
Sec. 207.30 of the Commission's rules. All written submissions must
conform with the provisions of Sec. 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of Sec. Sec. 201.6, 207.3, and 207.7 of the Commission's
rules. The Commission's Handbook on Filing Procedures, available on the
Commission's website at <a href="https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf</a>, elaborates upon the Commission's
procedures with respect to filings.
Additional written submissions to the Commission, including
requests pursuant to Sec. 201.12 of the Commission's rules, shall not
be accepted unless good cause is shown for accepting such submissions,
or unless the submission is pursuant to a specific request by a
Commissioner or Commission staff.
In accordance with Sec. Sec. 201.16(c) and 207.3 of the
Commission's rules, each document filed by a party to the
investigations must be served on all other parties to the
investigations (as identified by either the public or BPI service
list), and a certificate of service must be timely filed. The Secretary
will not accept a document for filing without a certificate of service.
Authority: These investigations are being conducted under authority
of title VII of the Act; this notice is published pursuant to Sec.
207.21 of the Commission's rules.
By order of the Commission.
Issued: August 28, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023-18914 Filed 8-31-23; 8:45 am]
BILLING CODE 7020-02-P
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