Notice2025-05694
Certain Corrosion-Resistant Steel Products From the United Arab Emirates and South Africa: Preliminary Affirmative Determination, in Part, of Critical Circumstances
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Published
April 3, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that critical circumstances exist with respect to imports of certain corrosion-resistant steel products (CORE) from the United Arab Emirates (UAE) and that critical circumstances do not exist with respect to imports of CORE from South Africa. The period of investigation (POI) is July 1, 2023, through June 30, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 63 (Thursday, April 3, 2025)</title>
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[Federal Register Volume 90, Number 63 (Thursday, April 3, 2025)]
[Notices]
[Pages 14599-14601]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05694]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-520-811, A-791-829]
Certain Corrosion-Resistant Steel Products From the United Arab
Emirates and South Africa: Preliminary Affirmative Determination, in
Part, of Critical Circumstances
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that critical circumstances exist with respect to imports of
certain corrosion-resistant steel products (CORE) from the United Arab
Emirates (UAE) and that critical circumstances do not exist with
respect to imports of CORE from South Africa. The period of
investigation (POI) is July 1, 2023, through June 30, 2024.
DATES: Applicable April 3, 2025.
FOR FURTHER INFORMATION CONTACT: Jacob Saude or Thomas Cloyd, 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 or (202) 482-1246,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 2025, Commerce initiated the less-than-fair-value
(LTFV) investigations of CORE from the UAE and South Africa.\1\ On
February 18, 2025, Nucor Corporation, United States Steel Corporation,
Wheeling-Nippon Steel, Inc., Steel Dynamics, Inc., and the United
Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union, AFL-CIO, CLC
(collectively, the petitioners), timely alleged that critical
circumstances exist with respect to imports of CORE from the UAE and
South Africa.\2\ For a complete description of the events that followed
the initiation of this investigation with respect to critical
circumstances, see the Preliminary Critical Circumstances Decision
Memorandum.\3\ The Preliminary Critical Circumstances 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 Preliminary Critical Circumstances 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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\1\ See Certain Corrosion-Resistant Steel Products from
Australia, Brazil, Canada, Mexico, the Netherlands, South Africa,
Taiwan, the Republic of T[uuml]rkiye, the United Arab Emirates, and
the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-
Value Investigations, 89 FR 80196 (October 2, 2024).
\2\ See Petitioners' Letter, ``Certain Corrosion-Resistant Steel
Products From South Africa and the United Arab Emirates: Critical
Circumstances Allegation,'' dated February 18, 2025.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Affirmative Critical Circumstances Determination in the Less-Than-
Fair-Value Investigations of Certain Corrosion-Resistant Steel
Products from the United Arab Emirates and South Africa,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Critical Circumstances Decision Memorandum).
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Scope of the Investigation
The product covered by these investigations is CORE from the UAE
and South Africa. For a complete description of the scope of this
investigation, see Appendix I.
Preliminary Affirmative Determination of Critical Circumstances, in
Part
In accordance with section 733(e) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.206, Commerce preliminarily finds
that critical
[[Page 14600]]
circumstances exist for certain companies. For a full description of
the methodology and results of Commerce's critical circumstances
analysis, see the Preliminary Critical Circumstances Decision
Memorandum. Our findings are summarized as follows:
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Affirmative critical Negative critical
Country Case No. circumstances circumstances
determination determination
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UAE..................................... A-520-811 All Other Producers....... Al-Ghurair Iron & Steel
LLC.
United Iron & Steel
Company LLC.
South Africa............................ A-791-829 .......................... Duferco Steel Processing
PTY Ltd.
All Other Producers.
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Suspension of Liquidation
In accordance with sections 733(e)(2) of the Act, we have
preliminarily found that critical circumstances exist with regard to
shipments of CORE exported by certain producers and exporters from the
UAE. If we make an affirmative preliminary determination that sales at
LTFV have been made by these same producers/exporters at above de
minimis rates,\4\ we will instruct U.S. Customs and Border Protection
(CBP) to suspend liquidation of all entries of subject merchandise from
these producers/exporters that are entered, or withdrawn from
warehouse, for consumption on or after the date that is 90 days prior
to the effective date of ''provisional measures'' (e.g., the date of
publication in the Federal Register of the notice of an affirmative
preliminary determination of sales at LTFV at above de minimis rates).
At such time, we will also instruct CBP to require a cash deposit equal
to the estimated preliminary dumping margins reflected in the
preliminary determination published in the Federal Register. This
suspension of liquidation will remain in effect until further notice.
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\4\ The preliminary determinations concerning sales at LTFV are
currently scheduled to be issued on April 3, 2025.
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties in this preliminary critical
circumstances determination 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 the Federal Register, in accordance with
19 CFR 351.224(b).
Public Comment
All interested parties will have the opportunity to address these
determinations in case briefs to be submitted after completion of the
preliminary determinations in these LTFV investigations. The timeline
for the submission of case briefs and written comments will be notified
to interested parties at a later date.
U.S. International Trade Commission (ITC) Notification
In accordance with section 733(f) of the Act, Commerce will notify
the ITC of its preliminary critical circumstances determination.
Final Critical Circumstances Determinations
We will issue final critical circumstances determinations in
conjunction with our final determinations in these LTFV investigations.
All interested parties will have the opportunity to address these
determinations in case briefs to be submitted after completion of the
preliminary LTFV determinations
Notification to Interested Parties
This determination is issued and published in accordance with
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).
Dated: March 24, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix I
Scope of the Investigations
The products covered by these investigations are certain flat-
rolled steel products, either clad, plated, or coated with
corrosion-resistant metals such as zinc, aluminum, or zinc-,
aluminum-, nickel- or iron-based alloys, whether or not corrugated
or painted, varnished, laminated, or coated with plastics or other
non-metallic substances in addition to the metallic coating. The
products covered include coils that have a width of 12.7 mm or
greater, regardless of form of coil (e.g., in successively
superimposed layers, spirally oscillating, etc.). The products
covered also include products not in coils (e.g., in straight
lengths) of a thickness less than 4.75 mm and a width that is 12.7
mm or greater and that measures at least 10 times the thickness. The
products covered also include products not in coils (e.g., in
straight lengths) of a thickness of 4.75 mm or more and a width
exceeding 150 mm and measuring at least twice the thickness. The
products described above may be rectangular, square, circular, or
other shape and include products of either rectangular or non-
rectangular cross-section where such cross-section is achieved
subsequent to the rolling process, i.e., products which have been
``worked after rolling'' (e.g., products which have been beveled or
rounded at the edges).
For purposes of the width and thickness requirements referenced
above:
(1) Where the nominal and actual measurements vary, a product is
within the scope if application of either the nominal or actual
measurement would place it within the scope based on the definitions
set forth above, and
(2) where the width and thickness vary for a specific product
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape,
etc.), the measurement at its greatest width or thickness applies.
Steel products included in the scope of this investigation are
products in which: (1) iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is 2
percent or less, by weight.
Subject merchandise also includes corrosion-resistant steel that
has been further processed in a third country, including but not
limited to annealing, tempering, painting, varnishing, trimming,
cutting, punching and/or slitting or any other processing that would
not otherwise remove the merchandise from the scope of the
investigations if performed in the country of manufacture of the in-
scope corrosion resistant steel.
All products that meet the written physical description are
within the scope of this investigation unless specifically excluded.
The following products are outside of and/or specifically excluded
from the scope of this investigation:
<bullet> Flat-rolled steel products either plated or coated with
tin, lead, chromium, chromium oxides, both tin and lead (``terne
plate'') or both chromium and chromium oxides (``tin free steel''),
whether or not painted, varnished or coated with plastics or other
nonmetallic substances in addition to the metallic coating;
<bullet> Clad products in straight lengths of 4.7625 mm or more
in composite thickness and of a width which exceeds 150 mm and
measures at least twice the thickness;
<bullet> Certain clad stainless flat-rolled products, which are
three-layered corrosion-resistant carbon steel flat-rolled products
less than 4.75 mm in composite thickness that consist of a carbon
steel flat-rolled product
[[Page 14601]]
clad on both sides with stainless steel in a 20%-60%-20% ratio; and
Also excluded from the scope of the antidumping duty
investigations on corrosion resistant steel from Taiwan are any
products covered by the existing antidumping duty order on
corrosion-resistant steel from Taiwan. See Certain Corrosion-
Resistant Steel Products from India, Italy, the People's Republic of
China, the Republic of Korea and Taiwan: Amended Final Affirmative
Antidumping Determination for India and Taiwan, and Antidumping Duty
Orders, 81 FR 48390 (July 25, 2016); Corrosion-Resistant Steel
Products from Taiwan: Notice of Third Amended Final Determination of
Sales at Less Than Fair Value Pursuant to Court Decision and Partial
Exclusion from Antidumping Duty Order, 88 FR 58245 (August 25,
2023).
Also excluded from the scope of the antidumping duty
investigations on corrosion-resistant steel from the UAE and the
antidumping duty and countervailing duty investigations on
corrosion-resistant steel from the Socialist Republic of Vietnam are
any products covered by the existing antidumping and countervailing
duty orders on corrosion-resistant steel from the People's Republic
of China and the Republic of Korea and the antidumping duty order on
corrosion-resistant steel from Taiwan. See Certain Corrosion-
Resistant Steel Products from India, Italy, the People's Republic of
China, the Republic of Korea and Taiwan: Amended Final Affirmative
Antidumping Determination for India and Taiwan, and Antidumping Duty
Orders, 81 FR 48390 (July 25, 2016); see also Certain Corrosion-
Resistant Steel Products from India, Italy, Republic of Korea and
the People's Republic of China: Countervailing Duty Order, 81 FR
48387 (July 25, 2016). This exclusion does not apply to imports of
corrosion-resistant steel that are entered, or withdrawn from
warehouse, for consumption in the United States for which the
relevant importer and exporter certifications have been completed
and maintained and all other applicable certification requirements
have been met such that the entry is entered into the United States
as not subject to the antidumping and countervailing duty orders on
corrosion-resistant steel from the People's Republic of China, the
antidumping and countervailing duty orders on corrosion-resistant
steel from the Republic of Korea, or the antidumping duty order on
corrosion resistant steel from Taiwan.
The products subject to the investigations are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7210.30.0030, 7210.30.0060,
7210.41.0000, 7210.49.0030, 7210.49.0040, 7210.49.0045,
7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000,
7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.6000,
7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7212.60.0000, 7225.91.0000, 7225.92.0000,
7226.99.0110, and 7226.99.0130.
The products subject to the investigations may also enter under
the following HTSUS item numbers: 7210.90.1000, 7215.90.1000,
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530,
7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7225.99.0090, 7226.99.0180, 7228.60.6000,
7228.60.8000, and 7229.90.1000.
The HTSUS subheadings above are provided for convenience and
customs purposes only. The written description of the scope of the
investigations is dispositive.
[FR Doc. 2025-05694 Filed 4-2-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on April 3, 2025.
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