Notice2025-16608
Certain Corrosion-Resistant Steel Products From South Africa: Final Affirmative Determination of Sales at Less Than Fair Value and Final Affirmative Determination of Critical Circumstances, in Part
Primary source
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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 South Africa are being, or are likely to be, sold in the United States at less than fair value (LTFV). 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 166 (Friday, August 29, 2025)</title>
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[Federal Register Volume 90, Number 166 (Friday, August 29, 2025)]
[Notices]
[Pages 42198-42200]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16608]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-791-829]
Certain Corrosion-Resistant Steel Products From South Africa:
Final Affirmative Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstances, in Part
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 South
Africa are being, or are likely to be, sold in the United States at
less than fair value (LTFV). The period of investigation (POI) is July
1, 2023, through June 30, 2024.
DATES: Applicable August 29, 2025.
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 April 10, 2025, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of CORE
from South Africa,\1\ in which we 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 we made certain
changes to our differential pricing analysis.\3\ We invited interested
parties to comment on general issues, sales issues, and the changes to
the differential pricing analysis.\4\
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\1\ See Certain Corrosion-Resistant Steel Products from South
Africa: Preliminary Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination, and Extension of
Provisional Measures, 90 FR 15330 (April 10, 2025) (Preliminary
Determination), and accompanying Preliminary Decision Memorandum.
\2\ See Preliminary Determination, 90 FR at 15331-2.
\3\ See Memorandum, ``Post-Preliminary Analysis,'' dated July
18, 2025.
\4\ See Memorandum, ``Briefing Schedule for Post-Preliminary
Determination,'' dated July 18, 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, ``Issues and Decision Memorandum for the
Final Affirmative Determination in the Less-Than-Fair-Value
Investigation of Certain Corrosion-Resistant Steel Products from
South Africa,'' 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 South
Africa. 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 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 sales and cost
information submitted by Duferco Steel Processing PTY Ltd. (DSP), for
use in our final determination.\9\ We used standard verification
procedures, including an examination of relevant sales and accounting
records, and original source documents provided by DSP.
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\9\ See Memoranda, ``Verification of the Cost Responses of
Duferco Steel Processing (PTY) Limited in the Less Than Fair Value
Investigation of Certain Corrosion-Resistant Steel Products from
South Africa,'' dated May 18, 2025; and ``Verification of the Sales
Response of Duferco Steel Processing Pty Ltd. in the Antidumping
Investigation of Certain Corrosion-Resistant Steel Products from
South Africa,'' dated June 24, 2025.
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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.
Final Affirmative Determination of Critical Circumstances, In Part
Commerce preliminarily determined, in accordance with section
733(e)(1) of
[[Page 42199]]
the Act and 19 CFR 351.206, that critical circumstances do not exist
with respect to imports of CORE from South Africa produced and exported
by DSP and all other producers and exporters.\10\ For the final
determination, pursuant to sections 735(a)(3)(A) and (B) of the Act and
19 CFR 351.206, we find that critical circumstances exist for all other
producers and exporters. Furthermore, we continue to find that critical
circumstances do not exist for DSP. For a discussion and analysis of
comments regarding Commerce's critical circumstances analysis, see the
Issues and Decision Memorandum.
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\10\ See Certain Corrosion-Resistant Steel Products From the
United Arab Emirates and South Africa: Preliminary Affirmative
Determination, in Part, of Critical Circumstances, 90 FR 14599
(April 3, 2025).
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Changes Since the Preliminary Determination
Based on our analysis of the comments received and additional
information obtained since the Preliminary Determination, we made
certain changes to the margin calculation for this final determination.
For a discussion of these changes, see the Issues and Decision
Memorandum.
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 margins, and any margins determined
entirely under section 776 of the Act.
In this investigation, Commerce calculated an individual estimated
weighted-average dumping margin for DSP, the only individually examined
exporter/producer in this investigation, that is not zero, de minimis,
or based entirely on facts otherwise available. Therefore, because the
only individually calculated dumping margin is not zero, de minimis, or
based entirely on facts otherwise available, the estimated weighted-
average dumping margin calculated for DSP is the margin assigned to all
other producers and exporters, pursuant to section 735(c)(5)(A) of the
Act.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Duferco Steel Processing PTY Ltd............................ 19.21
All Others.................................................. 19.21
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Disclosure
Commerce intends to disclose its calculations and analysis
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 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 CORE, as described in Appendix I
of this notice, which were entered, or withdrawn from warehouse, for
consumption on or after April 10, 2025, 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
as follows: (1) the cash deposit rate for the companies listed in the
table above that exported the subject merchandise 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; and (3) the cash
deposit rate for all other producers and exporters will be equal to the
estimated weighted-average dumping margin for all other producers and
exporters listed in the table above. These suspension of liquidation
instructions will remain in effect until further notice.
U.S. International Trade Commission (ITC) Notification
In accordance with section 735(d) of the Act, Commerce will notify
the ITC of its final affirmative determination of sales at LTFV.
Because the 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) for importation of CORE from South
Africa 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
to assess, upon further instruction by Commerce, antidumping duties on
all imports of CORE from South Africa 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 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 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
[[Page 42200]]
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
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, 81FR 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. Final Affirmative Determination of Critical Circumstances, In
Part
IV. Changes from the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether Commerce Should Apply Zeroing to All Sales
Comparisons and Deny Offsets by Assigning a Value of Zero to Non-
Dumped Sales
Comment 2: Whether Commerce Should Maintain its Determination
That Critical Circumstances Do Not Exist for CORE From South Africa
Comment 3: Whether Commerce Should Not Exclude Two Post-Sale
Adjustments Because Both Excluded Discounts Are Supported by Record
Evidence
Comment 4: Whether Commerce Should Update the Margin Program to
Rely on CONNUM2U for U.S. Sales, and CONNUMU as the Link to the Cost
Comment 5: Whether DSP's Unaffiliated Hot Rolled Coil (HRC)
Purchases Are Distorted and Cannot be Relied on as a Market Price in
the Transactions Disregarded Analysis
Comment 6: Whether Commerce Should Correct a Methodological
Error in its Calculation of the Transactions Disregarded Adjustment
to DSP's Purchases of HRC From Affiliated Parties
Comment 7: Whether Commerce Should Continue to Impute Interest
Expenses on DSP's Interest-Free Shareholder Loans
Comment 8: Whether Commerce Should Continue to Adjust DSP's
Purchases of Electricity From an Affiliated Party
Comment 9: Whether Commerce Should Reduce the Denominator of the
General and Administrative (G&A) and Financial Expenses Ratios for
Scrap Recoveries
Comment 10: Whether Commerce Should Continue to Grant Offsets to
DSP's G&A Expenses
VI. Recommendation
[FR Doc. 2025-16608 Filed 8-28-25; 8:45 am]
BILLING CODE 3510-DS-P
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