[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Notices]
[Pages 77-78]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28402]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-844]


Certain Cold-Rolled Steel Flat Products of Brazil: Final Results 
of the Expedited First Sunset Review of the Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of this expedited sunset review, the Department of 
Commerce (Commerce) finds that revocation of the countervailing duty 
(CVD) order on certain cold-rolled steel flat products (CRS) from 
Brazil would be likely to lead to continuation or recurrence of 
countervailable subsidies at the levels as indicated in the ``Final 
Results of Sunset Review'' section of this notice.

DATES: Applicable January 3, 2022.

FOR FURTHER INFORMATION CONTACT: Alex Wood or Steven Seifert, AD/CVD 
Operations, Office II, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1959 or (202) 482-3350, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 20, 2016, Commerce published in the Federal Register a 
notice of the CVD order on CRS from Brazil.\1\ On June 1, 2021, 
Commerce published the notice of initiation of the first five-year 
(sunset) review of the Order, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\2\ Commerce received notices of 
intent to participate from Cleveland-Cliffs Inc., Nucor Corporation, 
Steel Dynamics Inc., and United States Steel Corporation (collectively, 
domestic interested parties) within the deadline specified in 19 CFR 
351.218(d)(1)(i).\3\

[[Page 78]]

The domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act as manufacturers or producers of the 
domestic like product.\4\
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    \1\ See Certain Cold-Rolled Steel Flat Products from Brazil, 
India, and the Republic of Korea: Amended Final Affirmative 
Countervailing Duty Determination and Countervailing Duty Order (the 
Republic of Korea) and Countervailing Duty Orders (Brazil and 
India), 81 FR 64436 (September 20, 2016) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 29239 
(June 1, 2021) (Initiation Notice).
    \3\ See Cleveland-Cliffs Inc.'s Letter, ``Notice of Intent to 
Participate in Sunset Review,'' dated June 14, 2021; Nucor 
Corporation's Letter, ``Notice of Intent to Participate in Sunset 
Review,'' dated June 16, 2021; United States Steel Corporation's 
Letter, ``Notice of Intent to Participate,'' dated June 16, 2021; 
Steel Dynamic Inc.'s Letter, ``Notice of Intent to Participate,'' 
dated June 16, 2021.
    \4\ See id.
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    On July 1, 2021, Commerce received an adequate substantive response 
to the Initiation Notice from the domestic interested parties within 
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\5\ Commerce 
also received a response from the Government of Brazil (GOB).\6\ 
However, we did not receive a substantive response from any other 
interested party in this proceeding. On July 22, 2021, Commerce 
notified the U.S. International Trade Commission that it did not 
receive an adequate substantive response from respondent interested 
parties.\7\ As a result, Commerce conducted an expedited (120-day) 
sunset review of the Order. On September 1, 2021, officials from 
Commerce and the GOB met to discuss certain procedural aspects of the 
expedited sunset review on CRS from Brazil.\8\
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    \5\ See Domestic Interested Parties' Letter, ``Domestic 
Industry's Substantive Response to Notice of Initiation,'' dated 
July 1, 2021.
    \6\ See GOB's Letter, ``Initial Comments,'' dated August 31, 
2021. The GOB initially filed its comments on June 30, 2021, but we 
subsequently requested that the GOB revise the bracketing of certain 
information in its submission and refile it. See Commerce's Letter, 
``Five-Year (``Sunset'') Review of Cold-Rolled Steel Flat Products 
from Brazil: Rejection of Response to Notice of Initiation,'' dated 
August 25, 2021.
    \7\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1, 
2021,'' dated July 22, 2021.
    \8\ See Memorandum, ``Meeting with Government of Brazil,'' dated 
September 7, 2021.
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Scope of the Order

    The products covered by this order 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 subject to this order are currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers: 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 this order may also enter under the following HTSUS 
numbers: 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.\9\
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    \9\ For a complete description of the scope of the Order, see 
Memorandum, ``Issues and Decision Memorandum for the Final Results 
of the First Sunset Review of the Countervailing Duty Order on 
Certain Hot-Rolled Steel Flat Products from Brazil,'' dated 
concurrently with, and herby adopted by, this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
including the likelihood of continuation or recurrence of subsidization 
in the event of revocation of the Order and the countervailable subsidy 
rates likely to prevail if the Order were to be revoked, is provided in 
the Issues and Decision Memorandum. A list of the topics discussed in 
the Issues and Decision Memorandum is attached as an appendix to this 
notice. 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 http://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, Commerce 
determines that revocation of the Order would be likely to lead to 
continuation or recurrence of countervailable subsidies at the 
following rates:

 
------------------------------------------------------------------------
                                                               Net
                                                         countervailable
             Manufacturer/producer/exporter                  subsidy
                                                            (percent)
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Companhia Siderurgica Nacional (CSN)...................            11.31
Usinas Siderurgicas de Minas Gerais S.A. (Usiminas)....            11.09
All Others.............................................            11.20
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Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305, which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    Commerce is issuing and publishing these final results and notice 
in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act.

    Dated: December 27, 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.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidiesy
VII. Final Results of the Sunset Review
VIII. Recommendation

[FR Doc. 2021-28402 Filed 12-30-21; 8:45 am]
BILLING CODE 3510-DS-P