[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16457-16458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06075]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-791-806]


Stainless Steel Plate in Coils From South Africa: Final Results 
of the Expedited Fourth Five-Year Sunset Review of the Countervailing 
Duty Order

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

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the countervailing duty (CVD) order 
on stainless steel plate in coils (SSPC) from South Africa would be 
likely to lead to continuation or recurrence of countervailable 
subsidies at the levels indicated in the ``Final Results of Sunset 
Review'' section of this notice.

DATES: Applicable March 23, 2022.

FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-4793.

SUPPLEMENTARY INFORMATION:

Background

    On May 11, 1999, Commerce published in the Federal Register a 
notice of the CVD order on SSPC from South Africa.\1\ On December 1, 
2021, Commerce published the notice of initiation of the fourth sunset 
review of the Order, pursuant to section 751(c) of the Tariff Act of 
1930, as amended (the Act).\2\ On December 15, 2021, Commerce received 
notices of intent to participate from ATI Flat Rolled Products 
Holdings, LLC (ATI) and Outokumpu Stainless USA LLC (Outokumpu) 
(collectively, the domestic interested parties) within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\3\ The domestic interested 
parties claimed interested party status within the meaning of section 
771(9)(C) of the Act and 19 CFR 351.102(b)(29)(v) as domestic producers 
of SSPC in the United States.
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    \1\ See Notice of Amended Final Determinations: Stainless Steel 
Plate in Coils from Belgium and South Africa; and Notice of 
Countervailing Duty Orders: Stainless Steel Plate in Coils from 
Belgium, Italy and South Africa, 64 FR 25288 (May 11, 1999) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 68220 
(December 1, 2021).
    \3\ See ATI's Letter, ``Five-Year (Sunset) Review of the 
Countervailing Duty Order on Stainless Steel Plate in Coils from 
South Africa--Domestic Interested Party's Notice of Intent to 
Participate,'' dated December 15, 2021; see also Outokumpu's Letter, 
``Five-Year (Sunset) Review of the Countervailing Duty Order on 
Stainless Steel Plate in Coils from South Africa--Outokumpu's Notice 
of Intent to Participate,'' dated December 15, 2021.
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    On January 3, 2022, Commerce received an adequate substantive 
response from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i).\4\ Commerce did not 
receive a substantive response from either the Government of South 
Africa or a respondent interested party to this proceeding. On January 
20, 2022, Commerce notified the U.S. International Trade Commission 
that it did not receive an adequate substantive response from 
respondent interested parties.\5\ As a result, Commerce conducted an 
expedited (120-day) sunset review of the Order, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B)(2) and (C)(2).
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    \4\ See Domestic Interested Parties' Letter, ``Five-Year 
(Sunset) Review of the Countervailing Duty Order on Stainless Steel 
Plate in Coils from South Africa--Domestic Interested Parties' 
Substantive Response to Notice of Initiation,'' dated January 3, 
2022.
    \5\ See Commerce's Letter, ``Sunset Reviews Initiated On 
December 1, 2021,'' dated January 20, 2022.
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Scope of the Order

    The merchandise subject to the Order is certain stainless steel 
plate in coils. Stainless steel is an alloy steel containing, by 
weight, 1.2 percent or less of carbon and 10.5 percent or more of 
chromium, with or without other elements. The subject plate products 
are flat-rolled products, 254 mm or over in width and 4.75 mm or more 
in thickness, in coils, and annealed or otherwise heat treated and 
pickled or otherwise descaled. The subject plate may also be further 
processed (e.g., cold-rolled, polished, etc.) provided that it 
maintains the specified dimensions of plate following such processing. 
Excluded from the scope of the Order are the following: (1) Plate not 
in coils, (2) plate that is not annealed or otherwise heat treated and 
pickled or otherwise descaled, (3) sheet and strip, and (4) flat bars.
    The merchandise subject to the Order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (HTSUS) at 
subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.06, 
7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56, 
7219.12.00.66, 7219.12.00.71, 7219.12.00.81, 7219.31.00.10, 
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60, 
7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15, 
7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10, 
7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10, 
7220.90.00.15, 7220.90.00.60, and 7220.90.00.80.
    Although the HTSUS subheadings are provided for convenience and 
customs purposes, the written description of the merchandise subject to 
the Order is dispositive.\6\
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    \6\ For a complete discussion of the scope, see Memorandum, 
``Issues and Decision Memorandum for the Final Results of the Fourth 
Sunset Review of the Countervailing Duty Order on Stainless Steel 
Plate in Coils from South Africa,'' dated concurrently with, and 
hereby 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), 
which is available to registered users at https://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, we determine 
that revocation of the Order would be likely to lead to continuation or 
recurrence of countervailable subsidies at the following net 
countervailable subsidy rates:

[[Page 16458]]



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                                                                Subsidy
                                                                 rate
                      Producer/exporter                        (percent
                                                              ad valorem
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Columbus Stainless Steel Company (the operating division of         3.95
 the Columbus Joint Venture)................................
All Others..................................................        3.95
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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 the return or destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    Commerce is issuing and publishing these final results and this 
notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the 
Act and 19 CFR 351.218.

    Dated: March 16, 2022.
Lisa W. Wang,
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 Likely to Prevail
    3. Nature of the Subsidy
VII. Final Results of the Sunset Review
VIII. Recommendation.

[FR Doc. 2022-06075 Filed 3-22-22; 8:45 am]
BILLING CODE 3510-DS-P