Notice2023-20817
Tin- and Chromium-Coated Steel Sheet From Japan; Denial of Request To Institute a Section 751(b) Review Concerning the Commission's Affirmative Determination
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 26, 2023
Issuing agencies
International Trade Commission
Abstract
The Commission hereby gives notice that it has declined to institute a review pursuant to section 751(b) of the Tariff Act of 1930.
Full Text
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<title>Federal Register, Volume 88 Issue 185 (Tuesday, September 26, 2023)</title>
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[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Notices]
[Page 66052]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20817]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-860 (Final)]
Tin- and Chromium-Coated Steel Sheet From Japan; Denial of
Request To Institute a Section 751(b) Review Concerning the
Commission's Affirmative Determination
AGENCY: United States International Trade Commission.
ACTION: Notice.
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SUMMARY: The Commission hereby gives notice that it has declined to
institute a review pursuant to section 751(b) of the Tariff Act of
1930.
DATES: September 19, 2023.
FOR FURTHER INFORMATION CONTACT: Alejandro Orozco (202-205-3177),
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="http://www.usitc.gov">http://www.usitc.gov</a>). The public record for this
matter may be viewed on the Commission's electronic docket (EDIS) at
<a href="http://edis.usitc.gov">http://edis.usitc.gov</a>.
SUPPLEMENTARY INFORMATION:
Background.--In August 2000, the Commission determined that a U.S.
industry was materially injured by reason of imports of tin- and
chromium-coated steel sheet (``TCCSS'') from Japan found by the U.S.
Department of Commerce (Commerce) to be sold in the United States at
less than fair value. Tin- and Chromium-Coated Steel Sheet from Japan,
Inv. No. 731-TA-860 (Final), USITC Pub. 3337 (August 2000). The
Commission's affirmative determination was the subject of several
appeals and three remand proceedings. Ultimately, in accordance with
the Federal Circuit's mandate, the U.S. Court of International Trade
(CIT) affirmed the Commission's second remand determination and thus
reinstated the Commission's affirmative material injury determination.
See Nippon Steel Corporation, et al. v. United States, 31 CIT 1588, 433
F. Supp. 2d 1336 (Ct. Int'l Trade 2007).
In the first, second, and third full five-year reviews, the
Commission found that revocation of the antidumping duty order on TCCSS
from Japan would be likely to lead to continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time. Tin- and Chromium-Coated Steel Sheet from Japan, Inv.
No. 731-TA-860 (Review), USITC Pub. 3860 (June 2006); Tin- and
Chromium-Coated Steel Sheet from Japan, Inv. No. 731-TA-860 (Second
Review), USITC Pub. 4325 (May 2012); Tin- and Chromium-Coated Steel
Sheet from Japan, Inv. No. 731-TA-860 (Third Review), USITC Pub. 4795
(June 2018).
On August 5, 2022, a request for a changed circumstances review of
the Commission's affirmative determination regarding TCCSS from Japan
was filed by the Can Manufacturers Institute (``CMI''), Silgan
Containers, LLC (``Silgan''), Sonoco Product Company (``Sonoco''),
Trivium Packaging USA Inc. (``Trivium''), Crown Holdings, Inc.
(``Crown''), and Nippon Steel Corporation (``NSC'') (collectively,
``CMI''). CMI's request alleges that there have been significant
changed circumstances since the Commission's affirmative determination
in the third five-year review. Specifically, CMI claims that there has
been a dramatic reduction in the domestic industry's production
capacity for TCCSS since 2018. CMI further contends that subject
producers in Japan have reduced their TCCSS capacity since the last
reviews and no longer possess excess capacity.
On October 28, 2022, the Commission published a Federal Register
notice inviting comments from the public on whether changed
circumstances exist sufficient to warrant the institution of a changed
circumstances review (87 FR 65248, Oct. 28, 2022). Comments in response
to this notice were filed on December 15, 2022. The Commission received
separate submissions opposing the institution of a changed
circumstances review filed on behalf of Cleveland-Cliffs Inc. and U.S.
Steel Corporation. The Commission also received separate submissions in
favor of instituting a changed circumstances review on behalf of The
Consumer Brands Association (``CBA''), the Steel Tinplate Against
Tariffs Coalition (``STAT''), and U.S. Representative Claudia Tenney.
U.S. Representatives Salud Carbajal, Jim Costa, Mark DeSaulnier, and
John Garamendi filed joint comments in support of initiating a changed
circumstances review.
On January 15, 2023, the Commission voted unanimously to waive its
45-day rule for determining whether to institute a changed
circumstances review.
On June 1, 2023, Commerce initiated, and the Commission instituted,
the fourth five-year sunset review of the antidumping duty order on
TCCSS from Japan. 88 FR 35832; 88 FR 35920. On September 5, 2023, the
Commission voted unanimously to conduct a full review of the
antidumping duty order on TCCSS from Japan. 88 FR 64464 (Sept. 19,
2023).
On September 19, 2023, the Commission determined not to institute a
changed circumstances review of the antidumping duty order on TCCSS
from Japan. The Commission found that conducting a changed
circumstances review was unwarranted because it would be duplicative of
the pending full five-year review. See Eveready Battery Co. Inc., v.
United States, 77 F. Supp. 2d 1327, 1334 (Ct. Int'l Trade, Nov. 23,
1999) (finding that a request for a changed circumstances review was
rendered moot by the Commission's institution of a full five-year
review); see also Diamond Sawblades and Parts Thereof from China, 79 FR
35568-69 (June 23, 2014) (denying request for changed circumstances
review because it would be duplicative of the ongoing full five-year
review).
Authority: This notice is published pursuant to section 207.45 of
the Commission's Rules of Practice and Procedure.
By order of the Commission.
Issued: September 20, 2023.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2023-20817 Filed 9-25-23; 8:45 am]
BILLING CODE 7020-02-P
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</html>Indexed from Federal Register on September 26, 2023.
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