Notice2026-08745
Tin Mill Products From the People's Republic of China, Taiwan, and the Republic of Türkiye: Initiation of Less-Than-Fair-Value Investigations
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
May 5, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Full Text
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<title>Federal Register, Volume 91 Issue 86 (Tuesday, May 5, 2026)</title>
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[Federal Register Volume 91, Number 86 (Tuesday, May 5, 2026)]
[Notices]
[Pages 24157-24162]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08745]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-228, A-583-883, A-489-857]
Tin Mill Products From the People's Republic of China, Taiwan,
and the Republic of T[uuml]rkiye: Initiation of Less-Than-Fair-Value
Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable April 29, 2026.
FOR FURTHER INFORMATION CONTACT: Blair Hood at (202) 482-8329 (the
People's Republic of China (China)), Carter Sherwin at (202) 482-4260
(Taiwan), and Robert Bolling at (202) 482-3434 (the Republic of
T[uuml]rkiye (T[uuml]rkiye)), AD/CVD Operations, Enforcement and
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On April 9, 2026, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of tin mill
products from China, Taiwan, and T[uuml]rkiye, filed in proper form on
behalf of United States Steel Corporation and the United Steel, Paper
and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and
Service Workers Union (the petitioners), a domestic producer of tin
mill products and a certified union, which represents the workers
engaged in the production of tin mill products in the United States.\1\
The AD Petitions were accompanied by a countervailing duty (CVD)
petition concerning imports of tin mill products from China.\2\
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\1\ See Petitioners' Letter, ``Petition for the Imposition of
Antidumping and Countervailing Duties,'' dated April 9, 2026
(Petitions).
\2\ Id.
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Between April 15 and April 27, 2026, Commerce requested
supplemental information pertaining to certain aspects of the Petitions
in supplemental questionnaires.\3\ Between April 20 and 28, 2026, the
petitioners filed timely responses to these requests for additional
information.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
April 15, 2026 (First General Issues Supplemental Questionnaire);
First Country-Specific AD Supplemental Questionnaires: China AD
Supplemental, Taiwan AD Supplemental, and T[uuml]rkiye AD
Supplemental dated April 16, 2026; ``Supplemental Questions,'' dated
April 22, 2026 (Second General Issues Questionnaire); Second
Country-Specific AD Supplemental Questionnaires: Second China AD
Supplemental, Second Taiwan AD Supplemental, and Second T[uuml]rkiye
AD Supplemental, dated April 23, 2026; and Third Country-Specific AD
Supplemental Questionnaires: Third China AD Supplemental and Third
T[uuml]rkiye AD Supplemental dated April 27, 2026; see also
Memorandum, ``Teleconference with Counsel to the Petitioners,''
dated April 24, 2026 (April 24, 2026, Memorandum).
\4\ See Petitioners' Letters, ``Response to Supplemental
Questions,'' dated April 20, 2026 (First General Issues Supplement);
Country-Specific AD Supplemental Responses: First China AD
Supplement, First Taiwan AD Supplement, and First T[uuml]rkiye AD
Supplement, dated April 21, 2026; ``Response to Second General
Issues Supplemental Questions,'' dated April 23, 2026 (Second
General Issues Supplement); Second Country-Specific AD Supplemental
Responses: Second China AD Supplement, Second Taiwan AD Supplement,
and Second T[uuml]rkiye AD Supplement dated April 27, 2026; and
Third Country-Specific AD Supplemental Responses: Third China AD
Supplement and Third T[uuml]rkiye AD Supplement, dated April 28,
2026.
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of tin mill
products from China, Taiwan, and the Republic of T[uuml]rkiye are
being, or are likely to be, sold in the United States at less than fair
value (LTFV) within the meaning of section 731 of the Act, and that
imports of such products are materially injuring, or threatening
material injury to, the tin mill products industry in the United
States. Consistent with section 732(b)(1) of the Act, the Petitions
were accompanied by information reasonably available to the petitioners
supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(C) and (D) of the Act. Commerce
also finds that the petitioners demonstrated sufficient industry
support for the initiation of the requested LTFV investigations.\5\
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\5\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigations (POI)
Because the Petitions were filed on April 9, 2026, pursuant to 19
CFR 351.204(b)(1), the POI for the Taiwan and T[uuml]rkiye LTFV
investigations is April 1, 2025, through March 31, 2026. Because China
is a non-market economy (NME) country, pursuant to 19 CFR
351.204(b)(1), the POI for the China LTFV investigation is October 1,
2025, through March 31, 2026.
Scope of the Investigations
The products covered by these investigations are tin mill products
from China, Taiwan, and T[uuml]rkiye. For a full description of the
scope of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\6\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information, all such factual information should be limited to public
information.\7\ Commerce requests
[[Page 24158]]
that interested parties provide at the beginning of their scope
comments a public executive summary for each comment or issue raised in
their submission. Commerce further requests that interested parties
limit their public executive summary of each comment or issue to no
more than 450 words, not including citations. Commerce intends to use
the public executive summaries as the basis of the comment summaries
included in the analysis of scope comments. To facilitate preparation
of its questionnaires, Commerce requests that scope comments be
submitted by 5:00 p.m. Eastern Time (ET) on May 19, 2026, which is 20
calendar days from the signature date of this notice. Any rebuttal
comments, which may include factual information, and should also be
limited to public information, must be filed by 5:00 p.m. ET on May 29,
2026, which is 10 calendar days from the initial comment deadline.
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\6\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\7\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\8\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\8\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance; Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014), for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at <a href="https://access.trade.gov/help">https://access.trade.gov/help</a> and a handbook can be
found at <a href="https://access.trade.gov/ACCESSHandbookonElectronicFilingProcedures_March2026.pdf">https://access.trade.gov/ACCESSHandbookonElectronicFilingProcedures_March2026.pdf</a>.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of tin mill products to be
reported in response to Commerce's AD questionnaires. This information
will be used to identify the key physical characteristics of the
subject merchandise in order to report the relevant factors of
production (FOP) or cost of production (COP) accurately, as well as to
develop appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe tin mill products, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on May 19, 2026,
which is 20 calendar days from the signature date of this notice. Any
rebuttal comments must be filed by 5:00 p.m. ET on May 29, 2026, which
is 10 calendar days from the initial comment deadline. All comments and
submissions to Commerce must be filed electronically using ACCESS, as
explained above, on the record of each of the LTFV investigations.
Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\9\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\10\
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\9\ See section 771(10) of the Act.
\10\ See USEC, Inc. v. United States, 132 F.Supp.2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.Supp. 2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\11\ Based on our analysis
[[Page 24159]]
of the information submitted on the record, we have determined that tin
mill products, as defined in the scope, constitute a single domestic
like product, and we have analyzed industry support in terms of that
domestic like product.\12\
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\11\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Tin Mill Products from the People's Republic of China,
Taiwan, and the Republic of T[uuml]rkiye,'' dated concurrently with,
and hereby adopted by, this notice (Country-Specific AD Initiation
Checklists), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Tin Mill
Products from the People's Republic of China, Taiwan, and the
Republic of T[uuml]rkiye (Attachment II). These checklists are on
file electronically via ACCESS.
\12\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
their own production of tin mill products in 2025.\13\ The petitioners
stated that the USW represents workers accounting for all U.S.
production of tin mill products, and as such, the supporters of the
Petitions account for 100 percent of U.S. production of the domestic
like product in 2025.\14\ We relied on data provided by the petitioners
for purposes of measuring industry support.\15\
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\13\ Id.
\14\ Id.
\15\ Id.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, and other information readily available to Commerce
indicates that the petitioners have established industry support for
the Petitions.\16\ First, the Petitions established support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product and, as such,
Commerce is not required to take further action in order to evaluate
industry support (e.g., polling).\17\ Second, the domestic producers
(or workers) have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers (or
workers) who support the Petitions account for at least 25 percent of
the total production of the domestic like product.\18\ Finally, the
domestic producers (or workers) have met the statutory criteria for
industry support under section 732(c)(4)(A)(ii) of the Act because the
domestic producers (or workers) who support the Petitions account for
more than 50 percent of the production of the domestic like product
produced by that portion of the industry expressing support for, or
opposition to, the Petitions.\19\ Accordingly, Commerce determines that
the Petitions were filed on behalf of the domestic industry within the
meaning of section 732(b)(1) of the Act.\20\
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\16\ Id.
\17\ Id.; see also section 732(c)(4)(D) of the Act.
\18\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\19\ Id.
\20\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, the petitioners allege that
subject imports exceed the negligibility threshold provided for under
section 771(24)(A) of the Act.\21\
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\21\ For further discussion, see Country-Specific AD Initiation
Checklists at Attachment III, Analysis of Allegations and Evidence
of Material Injury and Causation for the Antidumping and
Countervailing Duty Petitions Covering Tin Mill Products from the
People's Republic of China, Taiwan, and the Republic of
T[uuml]rkiye.
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The petitioners contend that the industry's injured condition is
illustrated by a significant increase in the volume of subject imports;
increased market share of subject imports; underselling and price
depression and/or suppression; idled facilities; lost sales and
revenues; and adverse impact on operational and financial
performance.\22\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation, as
well as negligibility, and we have determined that these allegations
are properly supported by adequate evidence, and meet the statutory
requirements for initiation.\23\
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\22\ Id.
\23\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of tin mill products from China, Taiwan, and T[uuml]rkiye.
The sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Country-Specific AD Initiation Checklists.
U.S. Price
For China, the petitioners based export price (EP) on POI average
unit values (AUVs) derived from official import statistics.\24\ For
Taiwan and T[uuml]rkiye, the petitioners based EP on (1) POI AUVs
derived from official import statistics and (2) transaction-specific
AUVs (i.e., month- and port-specific AUVs) derived from official import
statistics and tied to ship manifest data.\25\ The petitioners made
certain adjustments to U.S. price to calculate a net ex-factory U.S.
price, where applicable.\26\
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\24\ See China AD Initiation Checklist.
\25\ See Country-Specific Initiation Checklists.
\26\ See Country-Specific AD Initiation Checklists.
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Normal Value <SUP>27</SUP>
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\27\ In accordance with section 773(b)(2) of the Act, for the
Taiwan and T[uuml]rkiye investigations, Commerce will request
information necessary to calculate the constructed value (CV) and
COP to determine whether there are reasonable grounds to believe or
suspect that sales of the foreign like product have been made at
prices that represent less than the COP of the product.
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For Taiwan and T[uuml]rkiye, the petitioners calculated NV on home
market pricing information they obtained for tin mill products produced
in and sold, or offered for sale, in each country during the POI.\28\
The petitioners provided information indicating that the prices for tin
mill products sold or offered for sale in Taiwan and T[uuml]rkiye were
below the COP.\29\ Therefore, for each country, the petitioners
calculated NV based on CV.\30\ For further discussion of CV, see the
section ``Normal Value Based on Constructed Value.''
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\28\ See Country-Specific AD Initiation Checklists.
\29\ Id.
\30\ Id.
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Commerce considers China to be an NME country.\31\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat China as an NME country for
purposes of the initiation of the LTFV investigation. Accordingly, we
base NV on FOPs valued in a surrogate market economy country in
accordance with section 773(C) of the Act.
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\31\ See, e.g., Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value and Preliminary
Affirmative Determination of Critical Circumstances, 88 FR 15372
(March 13, 2023), and accompanying Preliminary Decision Memorandum
at 5, unchanged in Certain Freight Rail Couplers and Parts Thereof
from the People's Republic of China: Final Affirmative Determination
of Sales at Less-Than-Fair Value and Final Affirmative Determination
of Critical Circumstances, 88 FR 34485 (May 30, 2023).
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The petitioners claim that Brazil, Mexico, and T[uuml]rkiye are
appropriate surrogate countries for China because they are market
economy countries that are at a level of economic development
comparable to that of China and are significant producers of comparable
merchandise.\32\ The petitioners
[[Page 24160]]
provided publicly available information from Brazil, Malaysia, and
T[uuml]rkiye to value all FOPs, where applicable.\33\ Based on the
information provided by the petitioners, we believe it is appropriate
to use Brazil, Mexico, and T[uuml]rkiye as the primary surrogate
countries for China to value FOPs for initiation purposes.
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\32\ See China AD Initiation Checklist.
\33\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Chinese producers/exporters was not reasonably available, the
petitioners used their own production experience and product-specific
consumptions rates for tin mill products as a surrogate to value
Chinese manufacturers' FOPs.\34\ Additionally, the petitioners
calculated factory overhead, SG&A, and profit based on the experience
of Brazilian, Mexican, and Turkish producers of comparable
merchandise.\35\
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\34\ Id.
\35\ Id.
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Normal Value Based on Constructed Value
As noted above for Taiwan and T[uuml]rkiye, the petitioners
provided information indicating the prices for tin mill products sold
or offered for sale in Taiwan and T[uuml]rkiye were below the COP.
Therefore, the petitioners calculated NV based on CV.\36\
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\36\ See Country-Specific AD Initiation Checklists.
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Pursuant to section 773(e) of the Act, the petitioners calculated
CV as the sum of the cost of manufacturing, SG&A expenses, financial
expenses, and profit.\37\ For Taiwan and T[uuml]rkiye, in calculating
the cost of manufacturing, the petitioners relied on their own
production experience and input consumption rates for tin mill
products, valued using publicly available information applicable to the
respective countries.\38\ For Taiwan, in calculating SG&A expenses,
financial expenses, and profit ratios, the petitioners relied on the
fiscal year 2024 financial statements of a producer of identical
merchandise domiciled in Taiwan.\39\ For T[uuml]rkiye, in calculating
SG&A expenses, financial expenses, and profit ratios, the petitioners
relied on the fiscal year 2025 financial statements of a producer of
identical merchandise domiciled in T[uuml]rkiye.\40\
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\37\ Id.
\38\ Id.
\39\ See Taiwan AD Initiation Checklist.
\40\ See T[uuml]rkiye AD Initiation Checklist.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of tin mill products from China, Taiwan, and
T[uuml]rkiye are being, or are likely to be, sold in the United States
at LTFV. Based on comparisons of EP to NV in accordance with sections
772 and 773 of the Act, the estimated dumping margins for tin mill
products for each of the countries covered by the initiation are as
follows: (1) China (Brazil surrogate)--136.52 percent; (2) China
(Mexico surrogate)--121.29 percent; (3) China (T[uuml]rkiye
surrogate)--85.87 percent; (4) Taiwan--60.68 to 137.24 percent; and (5)
T[uuml]rkiye--41.11 to 198.04 percent.\41\
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\41\ See Country-Specific AD Initiation Checklists.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of tin mill products from China, Taiwan, and
T[uuml]rkiye are being, or are likely to be, sold in the United States
at LTFV. In accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of this
initiation.
Respondent Selection
China
In the Petitions, the petitioners identified 53 companies in China
as producers and/or exporters of tin mill products.\42\ Our standard
practice for respondent selection in AD investigations involving NME
countries is to select respondents based on quantity and value (Q&V)
questionnaires in cases where Commerce has determined that the number
of companies is large, and it cannot individually examine each company
based upon its resources. Therefore, considering the number of
producers and/or exporters identified in the Petitions, Commerce will
solicit Q&V information that can serve as a basis for selecting
exporters for individual examination in the event that Commerce
determines that the number is large and decides to limit the number of
respondents individually examined pursuant to section 777A(c)(2) of the
Act. Because there are 53 Chinese producers and/or exporters identified
in the Petitions, Commerce has determined that it will issue Q&V
questionnaires to the largest producers and/or exporters in China that
are identified in the U.S. Customs and Border Protection POI entry data
for which there is complete address information on the record.\43\
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\42\ See Petitions at Volume I (page 14 and Exhibit I-6); see
also First General Issues Supplement at 1 and Exhibit I-S1; and
Second General Issues Supplement at 1-3 and 5 and Exhibits I-SQR2-1
through I-SQR2-4.
\43\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data {China{time} ,'' dated April 28, 2026.
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Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at <a href="https://www.trade.gov/ec-adcvd-qv-questionnaire">https://www.trade.gov/ec-adcvd-qv-questionnaire</a>. Producers/exporters of tin mill products from China
that do not receive Q&V questionnaires may still submit a response to
the Q&V questionnaire and can obtain a copy of the Q&V questionnaire
from Commerce's website. Responses to the Q&V questionnaire must be
submitted by the relevant Chinese producers/exporters no later than
5:00 p.m. ET on May 13, 2026, which is two weeks from the signature
date of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
administrative protective order (APO) in accordance with 19 CFR
351.305(b). Instructions for filing such applications may be found on
Commerce's website at <a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Taiwan and T[uuml]rkiye
In the Petitions, the petitioners identified two companies in
Taiwan, and three companies in T[uuml]rkiye.\44\ Following standard
practice in LTFV investigations involving market economy countries, in
the event Commerce determines that the number of companies is large,
and it cannot individually examine each company based upon Commerce's
resource, where appropriate, Commerce intends to select mandatory
respondents based on CBP data for imports under the appropriate
Harmonized Tariff Schedule of the United States (HTSUS)
[[Page 24161]]
subheadings listed in the ``Scope of the Investigations,'' in the
appendix.
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\44\ See Petitions at Volume I (page 14 and Exhibit I-6); see
also First General Issues Supplement at 1 and Exhibit I-S1; and
Second General Issues Supplement at 3-5 and Exhibits I-SQR2-1 and I-
SQR2-5.
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On April 28, 2026, Commerce released CBP data on imports of tin
mill products from Taiwan \45\ and T[uuml]rkiye \46\ under APO to all
parties with access to information protected by APO and indicated that
interested parties wishing to comment on CBP data and/or respondent
selection must do so within three business days of the publication date
of the notice of initiation of these investigations. Comments must be
filed electronically using ACCESS. An electronically filed document
must be received successfully in its entirety via ACCESS by 5:00 p.m.
ET on the specified deadline. Commerce will not accept rebuttal
comments regarding the CBP data or respondent selection.
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\45\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data {Taiwan{time} ,'' dated April 28, 2026.
\46\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data {T[uuml]rkiye{time} ,'' dated April 28, 2026.
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Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). As stated above, instructions
for filing such applications may be found on Commerce's website at
<a href="https://www.trade.gov/administrative-protective-orders">https://www.trade.gov/administrative-protective-orders</a>.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at <a href="https://www.trade.gov/non-market-economy-separate-rate-applications-and-certifications">https://www.trade.gov/non-market-economy-separate-rate-applications-and-certifications</a>. Note that
Commerce recently promulgated new regulations pertaining to separate
rates, including the separate rate application deadline and eligibility
for separate rate status, in 19 CFR 351.108.\47\ Pursuant to 19 CFR
351.108(d)(1), the separate rate application will be due 21 days after
publication of this initiation notice.\48\ Exporters and producers must
file a timely separate rate application if they want to be considered
for individual examination. In addition, pursuant to 19 CFR 351.108(e),
exporters and producers who submit a separate rate application and have
been selected as mandatory respondents will be eligible for
consideration for separate rate status only if they fully respond to
all parts of Commerce's AD questionnaire and participate in the LTFV
proceeding as mandatory respondents.\49\ Commerce requires that
companies from China submit a response both to the Q&V questionnaire
and to the separate rate application by the respective deadlines to
receive consideration for separate rate status. Companies not filing a
timely Q&V questionnaire response will not receive separate rate
consideration.
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\47\ See Regulations Enhancing the Administration of the
Antidumping and Countervailing Duty Trade Remedy Laws, 89 FR 101694,
101759-60 (December 16, 2024).
\48\ See 19 CFR 351.108(d)(1).
\49\ See 19 CFR 351.108(e).
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Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate
rates only to exporters, all separate rates that {Commerce{time}
will now assign in its NME investigation will be specific to those
producers that supplied the exporter during the period of
investigation. Note, however, that one rate is calculated for the
exporter and all of the producers which supplied subject merchandise
to it during the period of investigation. This practice applies both
to mandatory respondents receiving an individually calculated
separate rate as well as the pool of non-investigated firms
receiving the {weighted average{time} of the individually
calculated rates. This practice is referred to as the application of
``combination rates'' because such rates apply to specific
combinations of exporters and one or more producers. The cash-
deposit rate assigned to an exporter will apply only to merchandise
both exported by the firm in question and produced by a firm that
supplied the exporter during the period of investigation.\50\
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\50\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005), at 6 (emphasis added), available on Commerce's website at
<a href="https://www.trade.gov/enforcement-and-compliance-policy-bulletins-0">https://www.trade.gov/enforcement-and-compliance-policy-bulletins-0</a>.
Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the Governments of China, Taiwan, and T[uuml]rkiye via
ACCESS. To the extent practicable, we will attempt to provide a copy of
the public version of the Petitions to each exporter named in the
Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of tin mill products from China, Taiwan, and
T[uuml]rkiye are materially injuring, or threatening material injury
to, a U.S. industry.\51\ Negative ITC determinations for any country
will result in the investigation being terminated with respect to that
country.\52\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
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\51\ See section 733(a) of the Act.
\52\ Id.
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Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \53\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
correct.\54\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
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\53\ See 19 CFR 351.301(b).
\54\ See 19 CFR 351.301(b)(2).
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Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested
[[Page 24162]]
party submits a PMS allegation pursuant to section 773(e) of the Act
(i.e., a cost-based PMS allegation), the submission must be filed in
accordance with the requirements of 19 CFR 351.416(b), and Commerce
will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\55\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\56\
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\55\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013(Time Limits Final Rule),
available at <a href="https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm">https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm</a>.
\56\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
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Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\57\
Parties must use the certification formats provided in 19 CFR
351.303(g).\58\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
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\57\ See section 782(b) of the Act.
\58\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2023) (Final Rule). Additional
information regarding the Final Rule is available at <a href="https://www.trade.gov/anyone-seeking-information-us-adcvd-orders-and-ongoing-proceedings">https://www.trade.gov/anyone-seeking-information-us-adcvd-orders-and-ongoing-proceedings</a>.
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Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\59\
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\59\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: April 29, 2026.
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
Scope of the Investigations
The products within the scope of these investigations are tin
mill flat-rolled products that are coated or plated with tin,
chromium, or chromium oxides. Flat-rolled steel products coated with
tin are known as tinplate. Flat-rolled steel products coated with
chromium or chromium oxides are known as tin-free steel or
electrolytic chromium-coated steel. The scope includes all the noted
tin mill products regardless of thickness, width, form (in coils or
cut sheets), coating type (electrolytic or otherwise), edge
(trimmed, untrimmed or further processed, such as scroll cut),
coating thickness, surface finish, temper, coating metal (tin,
chromium, chromium oxide), reduction (single- or double-reduced),
and whether or not coated with a plastic material.
The merchandise subject to these investigations is currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS), under HTSUS subheadings 7210.11.0000, 7210.12.0000,
7210.50.0020, 7210.50.0090, 7212.10.0000, 7212.50.0000, if of non-
alloy steel and under HTSUS subheadings 7225.99.0090, and
7226.99.0180 if of alloy steel. Although the subheadings are
provided for convenience and customs purposes, the written
description of the scope of the investigations is dispositive.
[FR Doc. 2026-08745 Filed 5-4-26; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 5, 2026.
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