Notice2024-00327
Tin Mill Products From the Republic of Turkey: Final Negative Determination of Sales at Less Than Fair Value
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 the Republic of Turkey (Turkey) 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 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 1520-1523]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00327]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-848]
Tin Mill Products From the Republic of Turkey: Final Negative
Determination of Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
[[Page 1521]]
tin mill products from the Republic of Turkey (Turkey) 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 January 1, 2022, through
December 31, 2022.
DATES: Applicable January 10, 2024.
FOR FURTHER INFORMATION CONTACT: Rebecca Janz, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2972.
SUPPLEMENTARY INFORMATION:
Background
On August 22, 2023, Commerce published in the Federal Register its
preliminary determination in the LTFV investigation of tin mill
products from Turkey, in which we also postponed the final
determination until January 4, 2023.\1\ We invited interested parties
to comment on the Preliminary Determination.\2\ No interested party
submitted comments. Accordingly, the final determination of the LTFV
investigation remains unchanged from the Preliminary Determination and
no Issues and Decision Memorandum accompanies this notice.
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\1\ See Tin Mill Products from the Republic of Turkeys:
Preliminary Negative Determination of Sales at Less Than Fair Value
and Postponement of Final Determination, 88 FR 57087 (August 22,
2023) (Preliminary Determination), and accompanying Preliminary
Decision Memorandum.
\2\ See Preliminary Determination.
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Scope of the Investigation
The products covered by this investigation are tin mill products
from Turkey. For a complete description of the scope of this
investigation, see the appendix to this notice.
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.\3\ We received comments from parties on the Preliminary Scope
Decision Memorandum, which we address in the Final Scope Decision
Memorandum.\4\ We did not make any changes to the scope of the
investigation from the scope published in the Preliminary
Determination, as noted in the appendix to this notice.
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\3\ See Memorandum, ``Preliminary Scope Decision Memorandum,''
dated August 16, 2023 (Preliminary Scope Decision Memorandum).
\4\ See Memorandum, ``Final Scope Decision Memorandum,'' dated
concurrently with this memorandum (Final Scope Decision Memorandum).
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in September and October 2023, we conducted verifications of
the sales and cost information submitted by Toscelik Profil ve Sac
Endustrisi A.S. and Tosyali Toyo Celik A.S., collectively, Tosyali
Toyo/Toscelik Profil,\5\ for use in our final determination. We used
standard verification procedures, including an examination of relevant
sales and accounting records, and original source documents provided by
Tosyali Toyo/Toscelik Profil.\6\
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\5\ In the Preliminarily Determination, we determined the
following companies comprise a single entity: Tosyali Toyo Celik
A.S. and Toscelik Profil ve Sac Endustrisi A.S. (i.e., Tosyali Toyo/
Toscelik Profil). See Memorandum, ``Preliminary Affiliation and
Collapsing Analysis Memorandum for Tosyali Toyo Celik A.S. and
Toscelik Profil ve Sac Endustrisi A.S.,'' dated August 16, 2023. No
party challenged this determination for the final determination.
Accordingly, we continue to treat these companies as part of a
single entity for the purposes of this investigation.
\6\ See Memorandum, ``Verification of the Sales Response,''
dated November 1, 2023; and Memorandum, ``Verification of the Cost
Response,'' dated November 3, 2023.
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Changes Since the Preliminary Determination
We are incorporating Tosyali Toyo/Toscelik Profil's revised
databases, submitted at Commerce's request, into this final
determination, which reflect changes based on minor corrections Tosyali
Toyo/Toscelik Profil submitted at verification, as well as minor
discrepancies found by Commerce.\7\ For additional details, see the
Final Analysis Memorandum.\8\
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\7\ See Tosyali Toyo/Toscelik Profil's Letter, ``Tosyali Toyo
Response to Request for Revised Databases,'' dated November 6, 2023.
\8\ See Memorandum, ``Analysis for the Final Determination for
Tosyali Toyo Celik A.S. and Toscelik Profil ve Sac Endustrisi
A.S.,'' dated concurrently with, and hereby adopted by, this notice
(Final Analysis Memorandum).
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Final Determination
The final estimated weighted-average dumping margin is as follows:
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Estimated
weighted-
average
Exporter/Producer dumping
margin
(percent)
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Tosyali Toyo Celik A.S.; Toscelik Profil ve Sac Endustrisi 0.00
A.S........................................................
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Consistent with section 735(a)(4) of the Act, Commerce disregards
de minimis rates. Accordingly, Commerce determines that the single
entity comprised of Tosyali Toyo Celik A.S. and Toscelik Profil ve Sac
Endustrisi A.S., i.e., the only individually examined respondent, has
not made sales of subject merchandise at LTFV.
Furthermore, Commerce has not calculated an estimated weighted-
average dumping margin for all other producers and exporters pursuant
to sections 735(c)(1)(B) and (c)(5) of the Act because it has not made
an affirmative determination of sales at LTFV.
Disclosure
Commerce intends to disclose its calculations performed in this
final determination within five days of its 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 Tosyali Toyo/Toscelik Profil was zero percent and,
therefore, we did not suspend liquidation of entries of tin mill
products from Turkey.\9\ Because Commerce has now 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 Turkey.
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\9\ See Preliminary Determination, 88 FR at 57088.
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U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
U.S. International Trade Commission of this final negative
determination of sales at 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 the final reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the destruction 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 the terms of an APO is a violation which is subject
to sanction.
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Notification to Interested Parties
This determination and this notice are issued and published
pursuant to 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--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 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%
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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.
[FR Doc. 2024-00327 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 10, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.