Notice2023-19387
Certain Cut-To-Length Carbon-Quality Steel Plate From India, Indonesia, and the Republic of Korea: Continuation of Antidumping and 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
September 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order and 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 likely lead to the continuation or recurrence of dumping and countervailable subsidies, and material injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 88 Issue 173 (Friday, September 8, 2023)</title>
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[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62060-62061]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-19387]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-533-817, C-533-818, A-560-805, C-560-806, A-580-836, C-580-837]
Certain Cut-To-Length Carbon-Quality Steel Plate From India,
Indonesia, and the Republic of Korea: Continuation of Antidumping and
Countervailing Duty Orders
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order and 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 likely lead to the continuation or recurrence of dumping and
countervailable subsidies, and material injury to an industry in the
United States, Commerce is publishing a notice of continuation of these
AD and CVD orders.
DATES: Applicable August 28, 2023.
FOR FURTHER INFORMATION CONTACT: Nathan Araya (AD) or Katherine Sliney
(CVD), AD/CVD Operations, Offices II and III respectively, Enforcement
and Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-3401 or (202) 482-2437, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2000, Commerce published in the Federal Register
the AD and CVD orders on certain CTL plate from India, Indonesia, and
Korea.\1\ On February 1, 2023, the ITC instituted,\2\ and Commerce
initiated,\3\ the fourth sunset reviews of the Orders, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act). As a
result of its reviews, Commerce determined that revocation of the
Orders would likely lead to the continuation or recurrence of dumping
or countervailable subsidies, and therefore, notified the ITC of the
magnitude of the margins of dumping and countervailable subsidies
likely to prevail should the Orders be revoked.\4\
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\1\ See Notice of Amendment of Final Determinations of Sales at
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products from France, India,
Indonesia, Italy, Japan, and the Republic of Korea, 65 FR 6585
(February 10, 2000); and 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) (collectively, Orders).
\2\ See Cut-to-Length Carbon-Quality Steel Plate (CTL Plate)
from India, Indonesia, and South Korea; Institution of Five-Year
Reviews, 88 FR 6781 (February 1, 2023).
\3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700
(February 1, 2023).
\4\ See Certain Cut-to-Length Carbon-Quality Steel Plate from
India, Indonesia, and the Republic of Korea: Final Results of the
Expedited Fourth Sunset Reviews of the Antidumping Duty Orders, 88
FR 36530 (June 5, 2023); see also 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, 88 FR 37856 (June 9, 2023).
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On August 28, 2023, the ITC published its determination, pursuant
to sections 751(c) and 752(a) of the Act, that revocation of the Orders
would likely lead to continuation or recurrence of material injury to
an industry in the United States within a reasonably foreseeable
time.\5\
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\5\ See Cut-to-Length Carbon-Quality Steel Plate from India,
Indonesia, and South Korea Determinations, 88 FR 58619 (August 28,
2023) (CTL Plate from India, Indonesia, and South Korea); See also
Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, and
South Korea Determinations, Inv. Nos. 701-TA-388, 389, and 391 and
731-TA-817, 818, and 821, 88 FR 58619 USITC Pub. 5455 (August 2023)
(Fourth Sunset Review) (ITC Sunset Review Determination).
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Scope of the Orders
The products covered by the Orders are certain hot-rolled carbon-
quality steel: (1) 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 nominal or actual thickness of
not less than 4 mm, which are cut-to-length (not in coils) and without
patterns in relief), of iron or non-alloy-quality steel; and (2) flat-
rolled products, hot-rolled, of a nominal or actual thickness of 4.75
mm or more and of a width which exceeds 150 mm and measures at least
twice the thickness, and which are cut-to-length (not in coils).
Steel products to be included in the scope of the Orders are of
rectangular, square, circular or other shape and of rectangular or non-
rectangular cross-section where such non-rectangular cross-section is
achieved subsequent to the rolling process (i.e., products which
[[Page 62061]]
have been ``worked after rolling'')--for example, products which have
been beveled or rounded at the edges. Steel products that meet the
noted physical characteristics that are painted, varnished or coated
with plastic or other non-metallic substances are included within this
scope. Also, specifically included in the scope of the Orders is high
strength, low alloy (HSLA) steels. HSLA steels are recognized as steels
with micro-alloying levels of elements such as chromium, copper,
niobium, titanium, vanadium, and molybdenum.
Steel products to be included in this scope, regardless of
Harmonized Tariff Schedule of the United States (HTSUS) definitions,
are products in which: (1) iron predominates, by weight, over each of
the other contained elements; (2) the carbon content is two percent or
less, by weight; and (3) none of the elements listed below is equal to
or exceeds the quantity, by weight, respectively indicated: 1.80
percent of manganese, or 1.50 percent of silicon, or 1.00 percent of
copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or
0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of
nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or
0.10 percent of niobium, or 0.41 percent of titanium, or 0.15 percent
of vanadium, or 0.15 percent zirconium. All products that meet the
written physical description, and in which the chemistry quantities do
not equal or exceed any one of the levels listed above, are within the
scope of these Orders unless otherwise specifically excluded. The
following products are specifically excluded from the Orders: (1)
products clad, plated, or coated with metal, whether or not painted,
varnished or coated with plastic or other non-metallic substances; (2)
SAE grades (formerly AISI grades) of series 2300 and above; (3)
products made to ASTM A710 and A736 or their proprietary equivalents;
(4) abrasion-resistant steels (i.e., USS AR 400, USS AR 500); (5)
products made to ASTM A202, A225, A514 grade S, A517 grade S, or their
proprietary equivalents; (6) ball bearing steels; (7) tool steels; and
(8) silicon manganese steel or silicon electric steel.
The merchandise subject to the Orders is currently classifiable in
the HTSUS under subheadings: 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, 7212.50.0000, 7225.40.3050,
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000,
7226.91.8000, 7226.99.0000. Although the HTSUS subheadings are provided
for convenience and customs purposes, the written description of the
merchandise covered by the Orders is dispositive.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the Orders would likely lead to continuation or
recurrence of dumping, countervailable subsidies, and material injury
to an industry in the United States, pursuant to section 751(d)(2) of
the Act, Commerce hereby orders the continuation of the Orders. U.S.
Customs and Border Protection will continue to collect AD and CVD cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise.
The effective date of the continuation of the Orders will be August
28, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year reviews
of the Orders not later than 30 days prior to fifth anniversary of the
date of the last determination by the Commission.
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\6\ See ITC Sunset Review Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
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 terms of an APO is a violation which
is subject to sanction.
Notification to Interested Parties
These five-year (sunset) reviews and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published in
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).
Dated: September 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19387 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P
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