Notice2025-16603
Certain Corrosion-Resistant Steel Products From Canada: Final Affirmative Determination of Sales at Less Than Fair Value
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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
August 29, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that imports of certain corrosion-resistant steel products (CORE) from Canada are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation (POI) of July 1, 2023, to June 30, 2024.
Full Text
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<title>Federal Register, Volume 90 Issue 166 (Friday, August 29, 2025)</title>
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[Federal Register Volume 90, Number 166 (Friday, August 29, 2025)]
[Notices]
[Pages 42194-42198]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16603]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-871]
Certain Corrosion-Resistant Steel Products From Canada: Final
Affirmative 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
imports of certain corrosion-resistant steel products (CORE) from
Canada are being, or are likely to be, sold in the United States at
less than fair value
[[Page 42195]]
(LTFV) for the period of investigation (POI) of July 1, 2023, to June
30, 2024.
DATES: Applicable August 29, 2025.
FOR FURTHER INFORMATION CONTACT: Benjamin Blythe or Reginald Anadio,
AD/CVD Operations, Office IV, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-3457 or (202)
482-3166, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 10, 2025, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of CORE
from Canada,\1\ in which it also postponed the final determination
until August 25, 2025, and invited interested parties to comment on the
Preliminary Determination.\2\ On July 18, 2025, Commerce issued a post-
preliminary analysis memorandum in which it made certain changes to its
differential pricing analysis.\3\ We invited interested parties to
comment on the Post-Preliminary Analysis.\4\
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\1\ See Certain Corrosion-Resistant Steel Products from Canada:
Preliminary Affirmative Determination of Sales at Less Than Fair
Value, Postponement of Final Determination, and Extension of
Provisional Measures, 90 FR 15337, (April 10, 2025) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum
(PDM).
\2\ See Preliminary Determination, 90 FR at 15337.
\3\ See Memorandum, ``Post-Preliminary Analysis for the
Affirmative Determination in the Less-Than-Fair-Value Investigation
of Certain Corrosion-Resistant Steel Products from Canada,'' dated
July 18, 2025 (Post-Preliminary Analysis).
\4\ See Memorandum, ``Briefing Schedule,'' dated July 21, 2025.
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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.\5\ 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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\5\ See Memorandum, ``Decision Memorandum for the Final
Affirmative Determination of Sales at Less Than Fair Value in the
Investigation of Corrosion-Resistant Steel Products from Canada,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is CORE from Canada. For
a complete description of the scope of this investigation, see Appendix
I.
Scope Comments
In the Preliminary Scope Memorandum, we set aside a period of time
for parties to raise issues regarding product coverage (i.e., scope) in
scope-specific case briefs or other written comments.\6\ We received
scope case and rebuttal briefs from multiple interested parties. For a
summary of the product coverage comments and rebuttal responses
submitted to the record for this final determination, and accompanying
discussion and analysis of all comments timely received, see the Final
Scope Memorandum.\7\ In the Final Scope Memorandum, Commerce made no
changes to the scope language as it appeared in the Initiation
Notice.\8\ See Appendix I.
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\6\ See Memorandum, ``Less-Than-Fair-Value Investigations of
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, and Countervailing Duty Investigations of
Certain Corrosion-Resistant Steel Products from Brazil, Canada,
Mexico, and the Socialist Republic of Vietnam: Preliminary Scope
Decision Memorandum,'' dated April 3, 2025 (Preliminary Scope
Memorandum).
\7\ See Memorandum, ``Less-Than-Fair-Value Investigations of
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, and Countervailing Duty Investigations of
Certain Corrosion-Resistant Steel Products from Brazil, Canada,
Mexico, and the Socialist Republic of Vietnam: Final Scope Decision
Memorandum,'' dated concurrently with this notice (Final Scope
Memorandum).
\8\ 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) (Initiation
Notice).
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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 sales and
cost information submitted by ArcelorMittal G.P. (AMD) and
ArcelorMittal Coteau-du-Lac Limited Partnership (ACDLP) (collectively,
AMD/ACDLP) and Stelco Inc. (Stelco). We used standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by AMD/ACDLP and
Stelco.
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.
Changes Since the Preliminary Determination
We made certain changes to the dumping margin calculations for AMD/
ACDLP and Stelco since the Preliminary Determination. For a discussion
of these changes, see the Issues and Decision Memorandum.
Use of Adverse Facts Available
We continue to find that the application of adverse facts
available, pursuant to sections 776(a) and (b) of the Act, is warranted
to determine the estimated weighted-average dumping margin for Nova
Steel Inc.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that Commerce shall
determine an estimated all-others rate for all exporters and producers
not individually examined. This rate shall be an amount equal to the
weighted average of the estimated weighted-average dumping margins
established for exporters and producers individually investigated,
excluding any zero and de minimis dumping margins, and any dumping
margins determined entirely under section 776 of the Act.
Commerce calculated individual estimated weighted-average dumping
margins for Stelco and AMD/ACDLP that are not zero, de minimis, or
based entirely on facts otherwise available. Therefore, Commerce
calculated the all-others rate by weight averaging the estimated
weighted-average dumping margins that it calculated for Stelco and AMD/
ACDLP by each company's publicly-ranged values of sales of subject
merchandise during the POI.\9\
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\9\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sales
values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. As complete publicly ranged sales data were available,
Commerce based the all-others rate on the publicly ranged sales data
of the mandatory respondents. For a complete analysis of the data,
see Memorandum, ``Final Determination All-Others Rate Calculation,''
dated concurrently with this memorandum.
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Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Cash deposit
Weighted- rate
average (adjusted for
Exporter/producer dumping subsidy
margin offset(s))
(percent) (percent)
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Stelco Inc.............................. 8.13 8.13
ArcelorMittal Dofasco G.P./ArcelorMittal 5.59 5.59
Coteau-du-Lac Limited Partnership \10\.
Nova Steel Inc.......................... * 52.08 \11\ 50.25
All Others.............................. 5.79 5.79
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* Based on facts available with adverse inferences.
Disclosure
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\10\ In the Preliminary Determination, Commerce preliminarily
determined that these companies are a single entity. See Preliminary
Determination PDM at 4-5; see also Memorandum, ``Preliminary
Affiliation and Collapsing Memorandum,'' dated April 3, 2025. No
parties commented on this determination; thus, we continue to treat
these companies as a single entity for purposes of this final
determination.
\11\ See unpublished Federal Register notice, ``Certain
Corrosion-Resistant Steel Products from Canada: Final Affirmative
Countervailing Duty Determination,'' dated concurrently with this
notice and accompanying Issues and Decision Memorandum (IDM) at
Comment 31.
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Commerce intends to disclose the calculations and analysis
performed in connection with this final determination to parties to the
proceeding 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).
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, Commerce will
instruct U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all entries of subject merchandise, as described
in Appendix I of this notice, which were entered, or withdrawn from
warehouse, for consumption on or after April 10, 2025, which is the
date of publication of the Preliminary Determination in the Federal
Register.
Pursuant to sections 735(c)(1)(B)(ii) and 735(c)(5)(A) of the Act,
and 19 CFR 351.210(d), upon the publication of this notice, we will
instruct CBP to require a cash deposit for estimated antidumping duties
for such entries as follows: (1) the cash deposit rates for the
companies listed in the table above will be equal to the company-
specific estimated weighted-average dumping margins determined in this
final determination; (2) if the exporter is not a company identified in
the table above, but the producer is, then the cash deposit rate will
be equal to the company-specific estimated weighted-average dumping
margin established for that producer of the subject merchandise; and
(3) the cash deposit rate for all other producers and exporters will be
equal to the estimated weighted-average dumping margin for ``All
Others'' in the table above. These suspension of liquidation
instructions will remain in effect until further notice.
To determine the cash deposit rates in LTFV investigations,
Commerce normally adjusts the estimated weighted-average dumping
margins by the amount of export subsidies countervailed in the
companion countervailing duty (CVD) investigation when CVD provisional
measures are in effect. Accordingly, where Commerce has made a final
affirmative determination of countervailable export subsides, Commerce
offsets the estimated weighted-average dumping margins in the companion
LTFV investigation by the appropriate export subsidy rate. Here,
Commerce normally would have adjusted the estimated weighted-average
dumping margins that are listed in the table above by the appropriate
export subsidy rate determined in the companion CVD investigation to
determine the cash deposit rate. However, the suspension of liquidation
of provisional measures in the companion CVD investigation has been
discontinued.\12\ Therefore, at this time Commerce is instructing CBP
to collect cash deposits based on the ``Weighted-Average Dumping
Margin'' listed in the above table rather than the ``Cash Deposit Rate
(Adjusted for Subsidy Offset(s))'' listed in the above table. If the
U.S. International Trade Commission (ITC) makes a final affirmative
determination of injury due to both dumping and subsidies, then the
cash deposit rates will be revised effective as of the date of
publication of the ITC's final affirmative determination in the Federal
Register to be the ``Cash Deposit Rate (Adjusted for Subsidy
Offset(s))'' listed in the table above.
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\12\ See section 703(d) of the Act, which states that the
provisional measures may not be in effect for more than four months,
which in the companion CVD investigation is 120 days after the
publication of the preliminary determination in the Federal
Register, or June 9, 2025 (i.e., the last day provisional measures
are in effect).
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ITC Notification
In accordance with section 735(d) of the Act, Commerce will notify
ITC of its final affirmative determination of sales at LTFV. Because
Commerce's final determination is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports or
sales (or the likelihood of sales) of CORE for importation from Canada
no later than 45 days after this final determination. If the ITC
determines that such injury does not exist, this proceeding will be
terminated, all cash deposits posted will be refunded, and suspension
of liquidation will be lifted. If the ITC determines that such injury
does exist, Commerce will issue an antidumping duty order directing CBP
[[Page 42197]]
to assess, upon further instruction by Commerce, antidumping duties on
all imports of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the effective date of the
suspension of liquidation, as discussed in the ``Continuation of
Suspension of Liquidation'' section above.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to an
APO of their responsibility concerning the disposition of proprietary
information disclosed under the APO in accordance with 19 CFR
351.305(a)(3). 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 sanctionable violation.
Notification to Interested Parties
This final determination and notice are issued and published in
accordance with sections 735(d) and 777(i) of the Act and 19 CFR
351.210(c).
Dated: August 25, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
Scope of the Investigation
The products covered by the investigation 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 the 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
investigation 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 the investigation unless specifically excluded.
The following products are outside of and/or specifically excluded
from the scope of the 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
non-metallic 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 clad on both sides with stainless steel in
a 20%-60%-20% ratio; and
Also excluded from the scope of the antidumping duty
investigation 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
investigation on corrosion-resistant steel from the United Arab
Emirates 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 investigation 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 investigation 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
investigation is dispositive.
Appendix II
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Changes Since the Preliminary Determination
IV. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Zeroing and Revise Its
Differential Pricing Methodology
Comment 2: Whether Commerce Improperly Initiated This
Investigation
Comment 3: Whether Commerce Acted Unlawfully by Providing the
GOC Only Two Days To Respond to Petitioners' Case Brief
Comment 4: Whether To Apply Partial AFA to AMD
[[Page 42198]]
Comment 5: Whether To Grant and Correct AMD's Retroactive Sales
Billing Adjustments
Comment 6: Whether Commerce Should Apply Partial AFA With
Respect to AMD's Early Payment Discounts and Deny Certain Rebates
Comment 7: Whether Commerce Made Certain Ministerial Errors
Comment 8: Whether Commerce Should Revise AMD's Financial Ratio
and Treat All Foreign Exchange Losses as Financial Expenses
Comment 9: Whether Commerce Should Adjust AMD's Reported Cost
for Affiliate Purchases of Steel Slab Pursuant to the Major Input
Rule
Comment 10: Whether Commerce Should Disallow AMD's Claimed
Offset for Insurance Proceeds Related to a Prior Period
Comment 11: Whether To Apply AFA to Nova Steel Inc.
V. Recommendation
[FR Doc. 2025-16603 Filed 8-28-25; 8:45 am]
BILLING CODE 3510-DS-P
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