[Federal Register Volume 86, Number 167 (Wednesday, September 1, 2021)]
[Notices]
[Pages 49057-49060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18785]


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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-545-546 and 731-TA-1291-1297 (Review), and 
731-TA-808 (Fourth Review)]


Hot-Rolled Steel Flat Products From Australia, Brazil, Japan, 
Korea, the Netherlands, Russia, Turkey, and the United Kingdom; 
Institution of Five-Year Reviews

AGENCY: United States International Trade Commission.

ACTION: Notice.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to the Tariff Act of 1930 (``the Act''), as amended, 
to determine whether revocation of the countervailing duty orders on 
imports of hot-rolled steel flat products (``hot-rolled steel'') from 
Brazil and Korea and revocation of the antidumping duty orders on hot-
rolled steel from Australia, Brazil, Japan, Korea, the Netherlands, 
Russia, Turkey, and the United Kingdom would be likely to lead to 
continuation or recurrence of material injury. Pursuant to the Act, 
interested parties are requested to respond to this notice by 
submitting the information specified below to the Commission.

DATES: Instituted September 1, 2021. To be assured of consideration, 
the deadline for responses is October 1, 2021. Comments on the adequacy 
of responses may be filed with the Commission by November 16, 2021.

FOR FURTHER INFORMATION CONTACT: Lawrence Jones (202-205-3358), Office 
of Investigations, U.S. International Trade Commission, 500 E Street 
SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (https://www.usitc.gov). The public record for this 
proceeding may be viewed on the Commission's electronic docket (EDIS) 
at https://edis.usitc.gov.

SUPPLEMENTARY INFORMATION:

Background

    Effective July 12, 1999, the Department of Commerce (``Commerce'') 
suspended the antidumping duty investigation on hot-rolled steel 
imports from Russia (64 FR 38642, July 19,

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1999). Following first five-year reviews by Commerce and the 
Commission, effective May 12, 2005, Commerce issued a continuation of 
the suspended investigation on imports of hot-rolled steel from Russia 
(70 FR 32571, June 3, 2005). Following second five-year reviews by 
Commerce and the Commission, effective June 17, 2011, Commerce issued a 
continuation of the suspended investigation on imports of hot-rolled 
steel from Russia (76 FR 35400, June 17, 2011). Effective December 19, 
2014, Commerce terminated the agreement suspending the antidumping duty 
investigation on hot-rolled steel from Russia and issued an antidumping 
duty order (79 FR 77455, December 24, 2014). Following the expedited, 
third five-year reviews by Commerce and the Commission, effective 
October 20, 2016, Commerce issued a continuation of the antidumping 
duty order on imports of hot-rolled steel from Russia (81 FR 72569, 
October 20, 2016).
    On October 3, 2016, Commerce issued countervailing duty orders on 
imports of hot-rolled steel from Brazil and Korea and antidumping duty 
orders on imports of hot-rolled steel from Australia, Brazil, Japan, 
Korea, the Netherlands, Turkey, and the United Kingdom (81 FR 67960 and 
81 FR 67962).
    The Commission is conducting first five-year reviews of the orders 
concerning Australia, Brazil, Japan, Korea, the Netherlands, Turkey, 
and the United Kingdom and a fourth five-year review of the order 
concerning Russia pursuant to section 751(c) of the Act, as amended (19 
U.S.C. 1675(c)), to determine whether revocation of the orders would be 
likely to lead to continuation or recurrence of material injury to the 
domestic industry within a reasonably foreseeable time. Provisions 
concerning the conduct of this proceeding may be found in the 
Commission's Rules of Practice and Procedure at 19 CFR part 201, 
subparts A and B, and 19 CFR part 207, subparts A and F. The Commission 
will assess the adequacy of interested party responses to this notice 
of institution to determine whether to conduct a full review or an 
expedited review. The Commission's determination in any expedited 
review will be based on the facts available, which may include 
information provided in response to this notice.

Definitions

    The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of these five-year reviews, as defined by the 
Department of Commerce.
    (2) The Subject Countries in these reviews are Australia, Brazil, 
Japan, Korea, the Netherlands, Russia, Turkey, and the United Kingdom.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determination and its first, second, and third five-year review 
determinations (Russia), and in its original determinations (Australia, 
Brazil, Japan, Korea, the Netherlands, Turkey, and the United Kingdom), 
the Commission defined a single Domestic Like Product consisting of all 
hot-rolled steel, coextensive with Commerce's scope.
    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determination and 
its first, second, and third five-year review determinations (Russia), 
and in its original determinations (Australia, Brazil, Japan, Korea, 
the Netherlands, Turkey, and the United Kingdom), the Commission 
defined the Domestic Industry as all domestic producers of hot-rolled 
steel.
    (5) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.

Participation in the Proceeding and Public Service List

    Persons, including industrial users of the Subject Merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the proceeding as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in Sec.  201.11(b)(4) of the Commission's rules, no later than 
21 days after publication of this notice in the Federal Register. The 
Secretary will maintain a public service list containing the names and 
addresses of all persons, or their representatives, who are parties to 
the proceeding.
    Former Commission employees who are seeking to appear in Commission 
five-year reviews are advised that they may appear in a review even if 
they participated personally and substantially in the corresponding 
underlying original investigation or an earlier review of the same 
underlying investigation. The Commission's designated agency ethics 
official has advised that a five-year review is not the same particular 
matter as the underlying original investigation, and a five-year review 
is not the same particular matter as an earlier review of the same 
underlying investigation for purposes of 18 U.S.C. 207, the post-
employment statute for Federal employees, and Commission rule 201.15(b) 
(19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 
2008). Consequently, former employees are not required to seek 
Commission approval to appear in a review under Commission rule 19 CFR 
201.15, even if the corresponding underlying original investigation or 
an earlier review of the same underlying investigation was pending when 
they were Commission employees. For further ethics advice on this 
matter, contact Charles Smith, Office of the General Counsel, at 202-
205-3408.

Limited Disclosure of Business Proprietary Information (BPI) Under an 
Administrative Protective Order (APO) and APO Service List

    Pursuant to Sec.  207.7(a) of the Commission's rules, the Secretary 
will make BPI submitted in this proceeding available to authorized 
applicants under the APO issued in the proceeding, provided that the 
application is made no later than 21 days after publication of this 
notice in the Federal Register. Authorized applicants must represent 
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to 
the proceeding. A separate service list will be maintained by the 
Secretary for those parties authorized to receive BPI under the APO.

Certification

    Pursuant to Sec.  207.3 of the Commission's rules, any person 
submitting information to the Commission in connection with this 
proceeding must certify that the information is accurate and complete 
to the best of the submitter's knowledge. In making the certification, 
the submitter will acknowledge that information submitted in response 
to this request for information and throughout this proceeding or other 
proceeding may be disclosed to and used: (i) By the Commission, its 
employees and Offices, and contract personnel (a) for developing or 
maintaining the records of this or a related proceeding, or (b) in 
internal investigations, audits, reviews, and evaluations relating to 
the programs, personnel, and operations of

[[Page 49059]]

the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. 
government employees and contract personnel, solely for cybersecurity 
purposes. All contract personnel will sign appropriate nondisclosure 
agreements.

Written Submissions

    Pursuant to Sec.  207.61 of the Commission's rules, each interested 
party response to this notice must provide the information specified 
below. The deadline for filing such responses is October 1, 2021. 
Pursuant to Sec.  207.62(b) of the Commission's rules, eligible parties 
(as specified in Commission rule 207.62(b)(1)) may also file comments 
concerning the adequacy of responses to the notice of institution and 
whether the Commission should conduct an expedited or full review. The 
deadline for filing such comments is November 16, 2021. All written 
submissions must conform with the provisions of Sec.  201.8 of the 
Commission's rules; any submissions that contain BPI must also conform 
with the requirements of Sec. Sec.  201.6, 207.3, and 207.7 of the 
Commission's rules. The Commission's Handbook on Filing Procedures, 
available on the Commission's website at https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf, elaborates upon the 
Commission's procedures with respect to filings. Also, in accordance 
with Sec. Sec.  201.16(c) and 207.3 of the Commission's rules, each 
document filed by a party to the proceeding must be served on all other 
parties to the proceeding (as identified by either the public or APO 
service list as appropriate), and a certificate of service must 
accompany the document (if you are not a party to the proceeding you do 
not need to serve your response).
    Please note the Secretary's Office will accept only electronic 
filings at this time. Filings must be made through the Commission's 
Electronic Document Information System (EDIS, https://edis.usitc.gov). 
No in-person paper-based filings or paper copies of any electronic 
filings will be accepted until further notice.
    No response to this request for information is required if a 
currently valid Office of Management and Budget (``OMB'') number is not 
displayed; the OMB number is 3117 0016/USITC No. 21-5-498, expiration 
date June 30, 2023. Public reporting burden for the request is 
estimated to average 15 hours per response. Please send comments 
regarding the accuracy of this burden estimate to the Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436.

Inability To Provide Requested Information

    Pursuant to Sec.  207.61(c) of the Commission's rules, any 
interested party that cannot furnish the information requested by this 
notice in the requested form and manner shall notify the Commission at 
the earliest possible time, provide a full explanation of why it cannot 
provide the requested information, and indicate alternative forms in 
which it can provide equivalent information. If an interested party 
does not provide this notification (or the Commission finds the 
explanation provided in the notification inadequate) and fails to 
provide a complete response to this notice, the Commission may take an 
adverse inference against the party pursuant to Sec.  776(b) of the Act 
(19 U.S.C. 1677e(b)) in making its determination in the review.

Information To Be Provided in Response to This Notice of Institution

    If you are a domestic producer, union/worker group, or trade/
business association; import/export Subject Merchandise from more than 
one Subject Country; or produce Subject Merchandise in more than one 
Subject Country, you may file a single response. If you do so, please 
ensure that your response to each question includes the information 
requested for each pertinent Subject Country. As used below, the term 
``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address) and name, telephone number, fax number, and Email 
address of the certifying official.
    (2) A statement indicating whether your firm/entity is an 
interested party under 19 U.S.C. 1677(9) and if so, how, including 
whether your firm/entity is a U.S. producer of the Domestic Like 
Product, a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association (a majority of whose 
members are interested parties under the statute), or another 
interested party (including an explanation). If you are a union/worker 
group or trade/business association, identify the firms in which your 
workers are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in this proceeding by providing information requested by 
the Commission.
    (4) A statement of the likely effects of the revocation of the 
countervailing and the antidumping duty orders on the Domestic Industry 
in general and/or your firm/entity specifically. In your response, 
please discuss the various factors specified in Sec.  752(a) of the Act 
(19 U.S.C. 1675a(a)) including the likely volume of subject imports, 
likely price effects of subject imports, and likely impact of imports 
of Subject Merchandise on the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
the Domestic Like Product. Identify any known related parties and the 
nature of the relationship as defined in Sec.  771(4)(B) of the Act (19 
U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in 
each Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries after October 2016.
    (7) A list of 3-5 leading purchasers in the U.S. market for the 
Domestic Like Product and the Subject Merchandise (including street 
address, World Wide Web address, and the name, telephone number, fax 
number, and Email address of a responsible official at each firm).
    (8) A list of known sources of information on national or regional 
prices for the Domestic Like Product or the Subject Merchandise in the 
U.S. or other markets.
    (9) If you are a U.S. producer of the Domestic Like Product, 
provide the following information on your firm's operations on that 
product during calendar year 2020, except as noted (report quantity 
data in short tons and value data in U.S. dollars, f.o.b. plant). If 
you are a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of the Domestic Like Product 
accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm to produce the Domestic Like 
Product (that is, the level of production that your establishment(s) 
could reasonably have expected to attain during the year, assuming 
normal operating conditions (using equipment and machinery in place and 
ready to operate), normal operating levels (hours per week/weeks per 
year), time for downtime, maintenance, repair, and cleanup, and a 
typical or representative product mix);

[[Page 49060]]

    (c) the quantity and value of U.S. commercial shipments of the 
Domestic Like Product produced in your U.S. plant(s);
    (d) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s); 
and
    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), 
(iii) gross profit, (iv) selling, general and administrative (SG&A) 
expenses, and (v) operating income of the Domestic Like Product 
produced in your U.S. plant(s) (include both U.S. and export commercial 
sales, internal consumption, and company transfers) for your most 
recently completed fiscal year (identify the date on which your fiscal 
year ends).
    (10) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from any Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 2020 (report quantity data in short tons 
and value data in U.S. dollars). If you are a trade/business 
association, provide the information, on an aggregate basis, for the 
firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') imports;
    (b) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from each Subject Country; and
    (c) the quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from each Subject Country.
    (11) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in any 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 2020 (report quantity 
data in short tons and value data in U.S. dollars, landed and duty-paid 
at the U.S. port but not including antidumping or countervailing 
duties). If you are a trade/business association, provide the 
information, on an aggregate basis, for the firms which are members of 
your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in each Subject 
Country accounted for by your firm's(s') production;
    (b) Capacity (quantity) of your firm(s) to produce the Subject 
Merchandise in each Subject Country (that is, the level of production 
that your establishment(s) could reasonably have expected to attain 
during the year, assuming normal operating conditions (using equipment 
and machinery in place and ready to operate), normal operating levels 
(hours per week/weeks per year), time for downtime, maintenance, 
repair, and cleanup, and a typical or representative product mix); and
    (c) the quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from each Subject Country accounted for by your firm's(s') exports.
    (12) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for the Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in each Subject Country after October 2016 and significant 
changes, if any, that are likely to occur within a reasonably 
foreseeable time. Supply conditions to consider include technology; 
production methods; development efforts; ability to increase production 
(including the shift of production facilities used for other products 
and the use, cost, or availability of major inputs into production); 
and factors related to the ability to shift supply among different 
national markets (including barriers to importation in foreign markets 
or changes in market demand abroad). Demand conditions to consider 
include end uses and applications; the existence and availability of 
substitute products; and the level of competition among the Domestic 
Like Product produced in the United States, Subject Merchandise 
produced in each Subject Country, and such merchandise from other 
countries.
    (13) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.
    Authority: This proceeding is being conducted under authority of 
Title VII of the Tariff Act of 1930; this notice is published pursuant 
to Sec.  207.61 of the Commission's rules.

    By order of the Commission.

    Issued: August 25, 2021.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2021-18785 Filed 8-31-21; 8:45 am]
BILLING CODE 7020-02-P