Notice2024-00326
Tin Mill Products From Taiwan: Final Negative Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances
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
January 10, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that tin mill products from Taiwan are not being, or are not likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) January 1, 2022, through December 31, 2022.
Full Text
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<title>Federal Register, Volume 89 Issue 7 (Wednesday, January 10, 2024)</title>
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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1526-1529]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00326]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-583-870]
Tin Mill Products From Taiwan: Final Negative Determination of
Sales at Less Than Fair Value and Final Negative Determination of
Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that tin
mill products from Taiwan are not being, or are not likely to be, sold
in the United States at less than fair value (LTFV) for the period of
investigation
[[Page 1527]]
(POI) January 1, 2022, through December 31, 2022.
DATES: Applicable January 10, 2024.
FOR FURTHER INFORMATION CONTACT: Jacob Saude, AD/CVD Operations, Office
VII, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-0981.
SUPPLEMENTARY INFORMATION:
Background
On August 22, 2023, Commerce published in the Federal Register the
preliminary determination in the LTFV investigation of tin mill
products from Taiwan, in which it also postponed the final
determination until January 4, 2024.\1\ Commerce invited interested
parties to submit case and rebuttal briefs on the Preliminary
Determination.\2\
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\1\ See Tin Mill Products from the United Kingdom: Preliminary
Negative Determination of Sales at Less Than Fair Value and
Postponement of Final Determination, 88 FR 57090 (August 22, 2023)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
\2\ Id., 88 FR at 57091.
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A summary of the events that occurred since Commerce published the
Preliminary Determination, as well as a full discussion of the issues
raised by parties for this final determination, may be found in the
Issues and Decision Memorandum.\3\ The Issues and 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 Issues
and 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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\3\ See Memorandum, ``Decision Memorandum for the Final Negative
Determination of Sales at Less Than Fair Value and Final Negative
Determination of Critical Circumstances in the Investigation of Tin
Mill Products from Taiwan,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The products covered by this investigation are tin mill products
from Taiwan. For a complete description of the scope of this
investigation, see Appendix I.
Scope Comments
During the course of this investigation, Commerce received scope
comments from parties. Commerce issued a Preliminary Scope Decision
Memorandum to address these comments and set aside a period of time for
parties to address scope issues in scope specific case and rebuttal
briefs.\4\ We received comments from parties on the Preliminary Scope
Decision Memorandum, which we address in the Final Scope Decision
Memorandum.\5\ We did not make any changes to the scope of the
investigation from the scope published in the Preliminary
Determination, as noted in Appendix I.
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\4\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated August 16, 2023 (Preliminary Scope Decision Memorandum).
\5\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
concurrently with this memorandum (Final Scope Decision Memorandum).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by
interested parties in this investigation are addressed in the Issues
and Decision Memorandum. A list of the issues addressed in the Issues
and Decision Memorandum is attached to this notice as Appendix II.
Verification
Commerce conducted verification of the information relied upon in
making its final determination in this investigation, in accordance
with section 782(i) of the Tariff Act of 1930, as amended (the Act).
Specifically, Commerce conducted on-site verifications of the home
market sales, U.S. sales, and cost of production responses submitted by
Ton Yi Industrial Corporation (Ton Yi).\6\
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\6\ See Memoranda, ``Verification of the Cost Response of Ton Yi
Industrial Corporation in the Antidumping Duty Investigation of Tin
Mill Products from Taiwan,'' dated October 24, 2023; and
``Verification of the Sales Response of Ton Yi Industrial
Corporation in the Antidumping Duty Investigation of Tin Mill
Products from Taiwan,'' dated November 20, 2023.
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Changes Since the Preliminary Determination
During the on-site verification, Ton Yi presented minor corrections
to its U.S. sales database.\7\ We accepted these minor corrections and
included these changes in the margin calculations for the final
determination.\8\ These minor corrections did not result in a change to
the estimated weighted-average dumping margin calculated for Ton Yi
from the Preliminary Determination.
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\7\ See Ton Yi's Letter, ``Sales Verification Minor
Corrections,'' dated October 24, 2023.
\8\ For a discussion of the minor verification corrections
accepted for the final determination, see memorandum, ``Final
Determination Calculation Memorandum for Ton Yi,'' dated
concurrently with this notice.
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Final Negative Determination of Critical Circumstances
In accordance with section 735(a)(3) of the Act and 19 CFR 351.206,
Commerce continues to find that critical circumstances do not exist for
Ton Yi. For a full description of the methodology and results of
Commerce's critical circumstances analysis, see the Issues and Decision
Memorandum.\9\
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\9\ See Issues and Decision Memorandum at 2-3.
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Final Determination
Commerce determines that the final estimated weighted-average
dumping margin exists:
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Estimated
weighted-
average
Exporter/producer dumping
margin
(percent)
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Ton Yi Industrial Corporation............................... 0.00
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Consistent with sections 735(c)(1)(B) and (c)(5) of the Act,
Commerce has not calculated an estimated weighted-average dumping
margin for all other producers and exporters because it has not made an
affirmative final determination of sales at LTFV.
Disclosure
Commerce intends to disclose the calculations performed in
connection with this final determination to interested parties 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 accordance with 19 CFR 351.224(b).
Suspension of Liquidation
In the Preliminary Determination, the estimated weighted-average
dumping margin for Ton Yi was zero percent and, therefore, we did not
suspend liquidation of entries of tin mill products from Taiwan.\10\
Because Commerce has made a final negative determination of sales at
LTFV with regard to the subject merchandise, Commerce will not direct
U.S. Customs and Border Protection to suspend liquidation or to require
a cash deposit of estimated antidumping duties for entries of tin mill
products from Taiwan.
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\10\ See Preliminary Determination, 88 FR 57091.
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U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the U.S. International Trade Commission of its final negative
determination of sales at
[[Page 1528]]
LTFV. As our final determination is negative, this proceeding is
terminated in accordance with section 735(c)(2) of the Act.
Administrative Protective Order
This notice will serve as a reminder to the parties subject to an
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of 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 sanctionable violation.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: January 4, 2024.
Abdelali Elouaradia,
Deputy 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/m2; with a chrome oxide coating
restricted to 6 to 25 mg/m2 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 cutoff 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/m2 as type DOS, or 3.5 to 6.5 mg/m2 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/m2, with a chromium oxide layer of 5-30
mg/m2, with a tensile strength of 260-440 N/mm2, 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/m2 and chromium oxide of 10 mg/m2, with a chemistry of 0.13%
maximum carbon, 0.60% maximum 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
[[Page 1529]]
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/m2 and a chromium oxide layer between 5-30 mg/m2;
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Final Negative Determination of Critical Circumstances
VII. Discussion of the Issues
Comment 1: Ocean Freight and Marine Insurance Revenue
Comment 2: Per-Unit Cost of Production Based on Theoretical
Weight or Actual Weight
Comment 3: Scrap Offset Adjustment
Comment 4: Cost of Goods Sold (COGS) Adjustment
Comment 5: Application of Adverse Facts Available (AFA)
VIII. Recommendation
[FR Doc. 2024-00326 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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