Notice2025-16604
Certain Corrosion-Resistant Steel Products From Canada: Final Affirmative Countervailing Duty 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
August 29, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that countervailable subsidies are being provided to producers and exporters of certain corrosion-resistant steel products (CORE) from Canada. The period of investigation is January 1, 2023, through December 31, 2023.
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 42200-42204]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16604]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-872]
Certain Corrosion-Resistant Steel Products From Canada: Final
Affirmative Countervailing Duty Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of certain corrosion-resistant steel products (CORE) from Canada. The
[[Page 42201]]
period of investigation is January 1, 2023, through December 31, 2023.
DATES: Applicable August 29, 2025.
FOR FURTHER INFORMATION CONTACT: Peter Shaw or Colin Thrasher, AD/CVD
Operations, Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0697 or (202) 482-3004.
SUPPLEMENTARY INFORMATION:
Background
On February 10, 2025, Commerce published in the Federal Register
the Preliminary Determination and invited interested parties to
comment.\1\ On July 16, 2025, Commerce issued a post-preliminary
analysis.\2\
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\1\ See Certain Corrosion-Resistant Steel Products from Canada:
Preliminary Affirmative Countervailing Duty Determination and
Alignment of Final Determination With Antidumping Duty
Determination, 90 FR 9231 (February 10, 2025) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Post-Preliminary Analysis Memorandum,''
dated July 16, 2025.
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For a complete description 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, see 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="http://access.trade.gov">http://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, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Countervailing Duty
Investigation of Certain 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.\4\ We received
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.\5\ In the Final Scope Memorandum, Commerce made no
changes to the scope language as it appeared in the Initiation
Notice.\6\ See Appendix I.
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\4\ 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).
\5\ 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).
\6\ See Certain Corrosion-Resistant Steel Products from Brazil,
Canada, Mexico, and the Socialist Republic of Vietnam: Initiation of
Countervailing Duty Investigations, 89 FR 80204 (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, we conducted on-site verifications of the subsidy
information reported by ArcelorMittal Dofasco G.P. (AMD), Stelco, Inc.
(Stelco) and the Government of Ontario in May 2025 using standard
verification procedures, including an examination of relevant sales and
accounting records, and original source documents provided by the
company respondents and the Government of Ontario.\7\
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\7\ See Memorandum, ``Verification of ArcelorMittal Dofasco G.P.
Questionnaire Responses,'' dated July 14, 2025; see also Memorandum,
``Verification of Stelco, Inc. Questionnaire Responses,'' dated July
10, 2025; and Memorandum, ``Verification of Questionnaire Responses
of the Government of Ontario,'' dated July 14, 2025.
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Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation, and the issues raised in
the case and rebuttal briefs that were submitted by parties in this
investigation, are discussed in the Issues and Decision Memorandum. For
a list of the issues raised by parties, to which we responded in the
Issues and Decision Memorandum, see Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received from interested
parties and our verification findings, we made certain changes to the
countervailable subsidy rate calculations for AMD, Stelco, and for all
other producers/exporters. For a discussion of these changes, see the
Issues and Decision Memorandum.
Methodology
Commerce conducted this investigation in accordance with section
701 the Act. For each of the subsidy programs found to be
countervailable, Commerce determines that there is a subsidy, i.e., a
financial contribution by an ``authority'' that gives rise to a benefit
to the recipient, and that the subsidy is specific.\8\ For a full
description of the methodology underlying our final determination, see
the Issues and Decision Memorandum.
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\8\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; see also section 771(5)(E) of the Act
regarding benefit; and section 771(5A) of the Act regarding
specificity.
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In making this final determination, Commerce relied, in part, on
facts available, including adverse facts available (AFA), pursuant to
sections 776(a) and (b) of the Act. For a full discussion of our
application of AFA, see the section ``Use of Facts Otherwise Available
and Application of Adverse Inferences'' in the Issues and Decision
Memorandum.
All-Others Rate
Pursuant to section 705(c)(5)(A)(i) of the Act, Commerce will
determine an all-others rate equal to the weighted-average
countervailable subsidy rates established for exporters and/or
producers individually investigated, excluding any rates that are zero,
de minimis, or rates based entirely under section 776 of the Act.
For this final determination, Commerce has calculated individual
estimated countervailable subsidy rates for AMD and Stelco that are not
zero, de minimis, or based entirely on facts otherwise available.
Therefore, we calculated the all-others rate using a weighted average
of the estimated subsidy rates calculated for the individually
investigated respondents, AMD and Stelco, using each company's publicly
ranged value for their exports to the United States of subject
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merchandise, in accordance with section 705(c)(5)(A)(i) of the Act.\9\
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\9\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated subsidy rates
calculated for the examined respondents; (B) a simple average of the
estimated subsidy rates calculated for the examined respondents; and
(C) a weighted-average of the estimated subsidy rates calculated for
the examined respondents using each company's publicly ranged U.S.
sale values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closer 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, ``Calculation of the All-Others Rate for the Final
Determination,'' dated concurrently with this notice.
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Final Determination
Commerce determines that the following estimated countervailable
subsidy rates exist for the period January 1, 2023, through December
31, 2023:
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Subsidy rate
Company (percent ad
valorem)
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ArcelorMittal Dofasco G.P.\10\.......................... 1.14
Stelco, Inc............................................. 1.50
Nova Steel Inc.......................................... * 34.55
All Others.............................................. 1.16
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* Rate based on facts available with adverse inferences
Disclosure
Commerce intends to disclose its calculations performed to
interested parties 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 the Federal Register,
in accordance with 19 CFR 351.224(b).
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\10\ Commerce found ArcelorMittal Dofasco G.P., ArcelorMittal
Canada Holdings Inc., ArcelorMittal Canada Inc., ArcelorMittal
Canada MP Inc., ArcelorMittal Long Products Canada G.P.,
ArcelorMittal Mining Canada GP, ArcelorMittal Exploitation Miniere
Canada s.e.n.c., and ArcelorMittal Coteau-du-Lac Limited Partnership
to be cross-owned entities.
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Continuation of Suspension of Liquidation
As a result of our Preliminary Determination, and pursuant to
sections 703(d)(1)(B) and (d)(2) of the Act, we instructed U.S. Customs
and Border Protection (CBP) to collect cash deposits and suspend
liquidation of entries of subject merchandise, as described in the
scope of the investigation section, that were entered, or withdrawn
from warehouse, for consumption on or after February 10, 2025, the date
of publication of the Preliminary Determination in the Federal
Register. In accordance with section 703(d) of the Act, we instructed
CBP to discontinue the suspension of liquidation of all entries of
subject merchandise entered or withdrawn from warehouse, on or after
June 10, 2025, the first day provisional measures were no longer in
effect, but to continue the suspension of liquidation of all entries of
subject merchandise between February 10, 2025, and June 9, 2025.
If the U.S. International Trade Commission (ITC) issues a final
affirmative injury determination, we will issue a countervailing duty
(CVD) order, reinstate the suspension of liquidation under section
706(a) of the Act, and require a cash deposit of estimated
countervailing duties for such entries of subject merchandise in the
amounts indicated above. If the ITC determines that material injury, or
threat of material injury, does not exist, this proceeding will be
terminated, and all estimated duties deposited or securities posted as
a result of the suspension of liquidation will be refunded or canceled.
ITC Notification
In accordance with section 705(d) of the Act, Commerce will notify
the ITC of its final affirmative determination that countervailable
subsidies are being provided to producers and exporters of CORE from
Canada. Because the final determination is affirmative, in accordance
with section 705(b) 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 of CORE from Canada no later than 45 days after this final
determination. In addition, we are making available to the ITC all non-
privileged and nonproprietary information related to this
investigation. We will allow the ITC access to all privileged and
business proprietary information in our files, provided the ITC
confirms that it will not disclose such information, either publicly or
under an administrative protective order (APO), without the written
consent of the Assistant Secretary for Enforcement and Compliance. If
the ITC determines that material injury or threat of material injury
does not exist, this proceeding will be terminated and all cash
deposits will be refunded.
If the ITC determines that such injury does exist, Commerce will
issue a CVD order directing CBP to assess, upon further instruction by
Commerce, countervailing duties on all imports of the subject
merchandise that are entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Administrative Protective Order
In the event that the ITC issues a final negative injury
determination, this notice will serve as the only reminder to parties
subject to an 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 the return/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 violation which is subject to sanction.
Notification to Interested Parties
This determination is issued and published pursuant to sections
705(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 this 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).
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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 these investigations 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 these investigations unless specifically
excluded. The following products are outside of and/or specifically
excluded from the scope of these investigations:
<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 this 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 this 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. Calculation of the All-Others Rate
V. Use of Facts Otherwise Available and Application of Adverse
Inferences
VI. Subsidies Valuation Information
VII. Interest Rates and Benchmarks
VIII. Analysis of Programs
IX. Discussion of the Issues
Comment 1: Whether Commerce Improperly Initiated This
Investigation
Comment 2: Whether To Apply Adverse Facts Available (AFA) to
Nova Steel
Comment 3: Whether Stelco's Non-Recurring Subsidies Were
Extinguished With the Change-In-Ownership (CIO)
Comment 4: Whether Stelco's Pension Restructuring Is
Countervailable
Comment 5: Whether the New Subsidy Allegation (NSA) Programs Are
Countervailable
Comment 6: Whether the Ontario Tax Credit for Manufacturing and
Processing (OTCMP) Program Is Countervailable
Comment 7: Whether To Revise the Denominators for Certain Tax
Programs Used by AMD
Comment 8: Whether the Federal Scientific Research and
Experimental Development Tax Program (FSR&ED) Is Countervailable
Comment 9: Whether the Class 53 Accelerated Capital Cost
Allowances (ACCA) Program Is Countervailable
Comment 10: Whether Commerce Erred in its Benefit Calculations
for the Class 53 ACCA Program
Comment 11: Whether the Class 1 Assets Program Is
Countervailable
Comment 12: Whether the ACCA for Class 29 Assets Program Is
Countervailable
Comment 13: Whether the ACCA for Class 43.1 and Class 43.2
Assets Program Is Countervailable
Comment 14: Whether the Qu[eacute]bec Additional Depreciation
for Class 53 and Class 50 Assets Program Is Countervailable
Comment 15: Whether the Investment and Innovation Tax Credit Is
Countervailable
Comment 16: Whether the Federal Apprenticeship Job Creation Tax
Credit (AJCTC) Program Is Countervailable
Comment 17: Whether the Strategic Innovation Fund (SIF) Support
for the Steel Sector Program Is Countervailable
Comment 18: Whether the Ontario Energy-Savings Grants
(Industrial Accelerator (IAP)) Program Is Countervailable
Comment 19: Whether the Ontario Independent Electricity System
Operator (IESO) Capacity Auction Program Is Countervailable
Comment 20: Whether the Ontario Achievement Incentive Grant
Program Is Countervailable
Comment 21: Whether the Hydro-Qu[eacute]bec Interruptible
Electricity Option (IEO) Is Countervailable
Comment 22: Whether the Electricity Discount Program for Capital
Investments (EDL) Program Is Countervailable
Comment 23: Whether the [Eacute]nergir Feasibility Study and
Implementation Program Is Countervailable
Comment 24: Whether the Net-Zero Accelerator Assistance (NZA) to
AMD Program Is Countervailable
Comment 25: Whether the Energy Efficiency for Industry (EEI)
Grant Program Is Countervailable
Comment 26: Whether the EcoENERGY Retrofit Incentive Program for
Industry (EERII) Is Countervailable
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Comment 27: Whether the Retrofit Program of Ontario's IESO Is
Countervailable
Comment 28: Whether the Clean Growth Program Is Countervailable
Comment 29: Whether the Global Innovation Clusters Advanced
Manufacturing Program Is Countervailable
Comment 30: Whether the Duty Drawback on Obsolete or Surplus
Goods Program Is Countervailable
Comment 31: Whether the Programs Administered by Export
Development Canada (EDC) Are Countervailable
X. Recommendation
[FR Doc. 2025-16604 Filed 8-28-25; 8:45 am]
BILLING CODE 3510-DS-P
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