[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Notices]
[Pages 62784-62786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24649]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-824]


Certain Cold-Rolled Steel Flat Products From the United Kingdom: 
Final Results of Antidumping Duty Administrative Review; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the sole 
producer or exporter subject to this review made sales of subject 
merchandise in the United States at less than normal value during the 
period of review (POR), September 1, 2019, through August 31, 2020.

DATES: Applicable November 12, 2021.

FOR FURTHER INFORMATION CONTACT: Claudia Cott, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington DC 20230; telephone: (202) 482-4270.

SUPPLEMENTARY INFORMATION:

Background

    On July 8, 2021, Commerce published the Preliminary Results of the 
2019-2020 administrative review of the antidumping duty order on 
certain cold-rolled steel flat products (cold-rolled steel) from the 
United Kingdom.\1\ This administrative review covers one producer or 
exporter of the subject merchandise, Liberty Performance Steels, Ltd. 
(Liberty). We invited parties to comment on the Preliminary Results.\2\ 
No party submitted comments. On August 9, 2021, AK Steel Corporation 
(AK Steel, a domestic producer and one of the companies which comprised 
the original petitioner group) requested that a hearing be held in this 
review, pursuant to 19 CFR 351.310(c). On September 15, 2021, AK Steel 
withdrew its request.\3\
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    \1\ See Certain Cold-Rolled Steel Flat Products from the United 
Kingdom: Preliminary Results of Antidumping Duty Administrative 
Review; 2019-2020, 86 FR 36095 (July 8, 2021) (Preliminary Results).
    \2\ Id.
    \3\ See AK Steel's Letters, ``Cold-Rolled Steel Flat Products 
from the United Kingdom/Petitioner's Request for a Hearing,'' dated 
August 9, 2021; and ``Cold-Rolled Steel Flat Products from the 
United Kingdom/Petitioner's Withdrawal of Its Hearing Request,'' 
dated September 15, 2021.
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    Commerce conducted this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The products covered by this Order \4\ are certain cold-rolled 
(cold-reduced), flat-rolled steel products, whether or not annealed, 
painted, varnished, or coated with plastics or other non-metallic 
substances. The products covered do not include those that are clad, 
plated, or coated with metal. The products covered include coils that 
have a width or other lateral measurement (``width'') of 12.7 mm or 
greater, regardless of form of coil (e.g., in successively superimposed 
layers, spirally oscillating, etc.). The products covered also include 
products not in coils (e.g., in straight lengths) of a thickness less 
than 4.75 mm and a width that is 12.7 mm or greater and that measures 
at least 10 times the thickness. The products covered also include 
products not in coils (e.g., in straight lengths) of a thickness of 
4.75 mm or more and a width exceeding 150 mm and measuring at least 
twice the thickness. The products described above may be rectangular, 
square, circular, or other shape and include products of either 
rectangular or non-rectangular cross-section where such cross-section 
is achieved subsequent to the rolling process, i.e., products which 
have been ``worked after rolling'' (e.g., products which have been 
beveled or rounded at the edges). For purposes of the width and 
thickness requirements referenced above:
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    \4\ See Certain Cold-Rolled Steel Flat Products from Brazil, 
India, the Republic of Korea, and the United Kingdom: Amended Final 
Affirmative Antidumping Determinations for Brazil and the United 
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20, 
2016) (Order).
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    (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 Order are products in 
which: (1) Iron predominates, by weight, over each of the other 
contained elements; (2) the carbon content is 2 percent or less, by 
weight; and (3) none of the elements listed below exceeds the quantity, 
by weight, respectively indicated:
     2.50 percent of manganese, or
     3.30 percent of silicon, or
     1.50 percent of copper, or
     1.50 percent of aluminum, or
     1.25 percent of chromium, or
     0.30 percent of cobalt, or
     0.40 percent of lead, or
     2.00 percent of nickel, or
     0.30 percent of tungsten (also called wolfram), or
     0.80 percent of molybdenum, or
     0.10 percent of niobium (also called columbium), or
     0.30 percent of vanadium, or
     0.30 percent of zirconium.
    Unless specifically excluded, products are included in this scope 
regardless of levels of boron and titanium.
    For example, specifically included in this scope are vacuum 
degassed, fully stabilized (commonly referred to as interstitial-free 
(IF)) steels, high strength

[[Page 62785]]

low alloy (HSLA) steels, motor lamination steels, Advanced High 
Strength Steels (AHSS), and Ultra High Strength Steels (UHSS). IF 
steels are recognized as low carbon steels with micro-alloying levels 
of elements such as titanium and/or niobium added to stabilize carbon 
and nitrogen elements. HSLA steels are recognized as steels with micro-
alloying levels of elements such as chromium, copper, niobium, 
titanium, vanadium, and molybdenum. Motor lamination steels contain 
micro-alloying levels of elements such as silicon and aluminum. AHSS 
and UHSS are considered high tensile strength and high elongation 
steels, although AHSS and UHSS are covered whether or not they are high 
tensile strength or high elongation steels.
    Subject merchandise includes cold-rolled 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 Order if 
performed in the country of manufacture of the cold-rolled steel.
    All products that meet the written physical description, and in 
which the chemistry quantities do not exceed any one of the noted 
element levels listed above, are within the scope of the Order unless 
specifically excluded. The following products are outside of and/or 
specifically excluded from the scope of the Order:
     Ball bearing steels; \5\
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    \5\ Ball bearing steels are defined as steels which contain, in 
addition to iron, each of the following elements by weight in the 
amount specified: (i) Not less than 0.95 nor more than 1.13 percent 
of carbon; (ii) not less than 0.22 nor more than 0.48 percent of 
manganese; (iii) none, or not more than 0.03 percent of sulfur; (iv) 
none, or not more than 0.03 percent of phosphorus; (v) not less than 
0.18 nor more than 0.37 percent of silicon; (vi) not less than 1.25 
nor more than 1.65 percent of chromium; (vii) none, or not more than 
0.28 percent of nickel; (viii) none, or not more
    than 0.38 percent of copper; and (ix) none, or not more than 
0.09 percent of molybdenum.
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     Tool steels; \6\
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    \6\ Tool steels are defined as steels which contain the 
following combinations of elements in the quantity by weight 
respectively indicated: (i) More than 1.2 percent carbon and more 
than 10.5 percent chromium; or (ii) not less than 0.3 percent carbon 
and 1.25 percent or more but less than 10.5 percent chromium; or 
(iii) not less than 0.85 percent carbon and 1 percent to 1.8 
percent, inclusive, manganese; or (iv) 0.9 percent to 1.2 percent, 
inclusive, chromium and 0.9 percent to 1.4 percent, inclusive, 
molybdenum; or (v) not less than 0.5 percent carbon and not less 
than 3.5 percent molybdenum; or (vi) not less than 0.5 percent 
carbon and not less than 5.5 percent tungsten.
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     Silico-manganese steel; \7\
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    \7\ Silico-manganese steel is defined as steels containing by 
weight: (i) Not more than 0.7 percent of carbon; (ii) 0.5 percent or 
more but not more than 1.9 percent of manganese, and (iii) 0.6 
percent or more but not more than 2.3 percent of silicon.
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     Grain-oriented electrical steels (GOES) as defined in the 
final determination of the U.S. Department of Commerce in Grain-
Oriented Electrical Steel From Germany, Japan, and Poland.\8\
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    \8\ See Grain-Oriented Electrical Steel from Germany, Japan, and 
Poland: Final Determinations of Sales at Less Than Fair Value and 
Certain Final Affirmative Determination of Critical Circumstances, 
79 FR 42501, 42503 (July 22, 2014). This determination defines 
grain-oriented electrical steel as ``a flat-rolled alloy steel 
product containing by weight at least 0.6 percent but not more than 
6 percent of silicon, not more than 0.08 percent of carbon, not more 
than 1.0 percent of aluminum, and no other element in an amount that 
would give the steel the characteristics of another alloy steel, in 
coils or in straight lengths.''
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     Non-Oriented Electrical Steels (NOES), as defined in the 
antidumping orders issued by the U.S. Department of Commerce in Non-
Oriented Electrical Steel From the People's Republic of China, Germany, 
Japan, the Republic of Korea, Sweden, and Taiwan.\9\
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    \9\ See Non-Oriented Electrical Steel from the People's Republic 
of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan: 
Antidumping Duty Orders, 79 FR 71741, 71741-42 (December 3, 2014). 
The orders define NOES as ``cold-rolled, flat-rolled, alloy steel 
products, whether or not in coils, regardless of width, having an 
actual thickness of 0.20 mm or more, in which the core loss is 
substantially equal in any direction of magnetization in the plane 
of the material. The term `substantially equal' means that the cross 
grain direction of core loss is no more than 1.5 times the straight 
grain direction (i.e., the rolling direction) of core loss. NOES has 
a magnetic permeability that does not exceed 1.65 Tesla when tested 
at a field of 800 A/m (equivalent to 10 Oersteds) along (i.e., 
parallel to) the rolling direction of the sheet (i.e., B800 value). 
NOES contains by weight more than 1.00 percent of silicon but less 
than 3.5 percent of silicon, not more than 0.08 percent of carbon, 
and not more than 1.5 percent of aluminum. NOES has a surface oxide 
coating, to which an insulation coating may be applied.''
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    The products subject to the Order are currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under 
subheadings: 7209.15.0000, 7209.16.0030, 7209.16.0060, 7209.16.0070, 
7209.16.0091, 7209.17.0030, 7209.17.0060, 7209.17.0070, 7209.17.0091, 
7209.18.1530, 7209.18.1560, 7209.18.2510, 7209.18.2520, 7209.18.2580, 
7209.18.6020, 7209.18.6090, 7209.25.0000, 7209.26.0000, 7209.27.0000, 
7209.28.0000, 7209.90.0000, 7210.70.3000, 7211.23.1500, 7211.23.2000, 
7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060, 7211.23.6090, 
7211.29.2030, 7211.29.2090, 7211.29.4500, 7211.29.6030, 7211.29.6080, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7225.50.6000, 7225.50.8080, 
7225.99.0090, 7226.92.5000, 7226.92.7050, and 7226.92.8050. The 
products subject to the Order may also enter under the following HTSUS 
subheadings: 7210.90.9000, 7212.50.0000, 7215.10.0010, 7215.10.0080, 
7215.50.0016, 7215.50.0018, 7215.50.0020, 7215.50.0061, 7215.50.0063, 
7215.50.0065, 7215.50.0090, 7215.90.5000, 7217.10.1000, 7217.10.2000, 
7217.10.3000, 7217.10.7000, 7217.90.1000, 7217.90.5030, 7217.90.5060, 
7217.90.5090, 7225.19.0000, 7226.19.1000, 7226.19.9000, 7226.99.0180, 
7228.50.5015, 7228.50.5040, 7228.50.5070, 7228.60.8000, and 
7229.90.1000.
    The HTSUS subheadings above are provided for convenience and U.S. 
Customs purposes only. The written description of the scope of the 
Order is dispositive.

Final Results of Review

    As noted above, Commerce received no comments concerning the 
Preliminary Results. As there are no changes from, or comments upon, 
the Preliminary Results, Commerce finds that there is no reason to 
modify its analysis and calculations. Accordingly, we adopt the 
analysis and explanation in our Preliminary Results for the purposes of 
these final results of review and we have not prepared an Issues and 
Decision Memorandum to accompany this Federal Register notice. In 
addition, we find that the final weighted-average dumping margin of 
8.65 percent exists for entries of subject merchandise that were 
produced or exported by Liberty Performance Steels, Ltd. during the 
POR.

Assessment Rates

    Commerce intends to determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries covered by this review, in accordance with section 751(a)(2)(C) 
of the Act and 19 CFR 351.212(b). Commerce intends to issue assessment 
instructions to CBP no earlier than 35 days after the date of 
publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
    For Liberty, we calculated importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
each importer's examined

[[Page 62786]]

sales and the total entered value of those sales in accordance with 19 
CFR 351.212(b)(1).\10\ Where an importer-specific assessment rate is de 
minimis (i.e., less than 0.5 percent), the entries by that importer 
will be liquidated without reference to antidumping duties.
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    \10\ In these final results, Commerce applied the assessment 
rate calculation method adopted in Antidumping Proceedings: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 
FR 8101 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by 
Liberty for which it did not know that its merchandise was destined for 
the United States, we intend to instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\11\
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    \11\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of cold-rolled steel from the United Kingdom entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this administrative review in the 
Federal Register, as provided by section 751(a)(2) of the Act: (1) The 
cash deposit rate for Liberty will be equal to the weighted-average 
dumping margin listed above for the final results of this 
administrative review; (2) for merchandise exported by companies not 
covered in this review, but covered in the most recently completed 
segment of this proceeding, the cash deposit rate will continue to be 
the company-specific rate published for the most recent period; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original investigation, but the producer is, then the cash deposit 
rate will be the company-specific rate established for the most 
recently completed segment for the producer of the merchandise; (4) the 
cash deposit rate for all other producers or exporters will continue to 
be 22.58 percent, the all-others rate established in the less-than-
fair-value investigation.\12\
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    \12\ See Order, 81 FR at 64434.
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    These cash deposit requirements, when imposed, shall remain in 
effect until further notice.

Disclosure

    Normally, Commerce discloses to the parties in a proceeding the 
calculations performed in connection with a final results of review 
within five days after public announcement of final results.\13\ 
However, because Commerce made no adjustments to the margin calculation 
methodology used in the Preliminary Results, there are no revised 
calculations to disclose for the final results of review.
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    \13\ See 19 CFR 351.224(b).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).

    Dated: November 5, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-24649 Filed 11-10-21; 8:45 am]
BILLING CODE 3510-DS-P