[Federal Register Volume 87, Number 149 (Thursday, August 4, 2022)]
[Notices]
[Pages 47714-47716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16727]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-026]


Corrosion-Resistant Steel Products From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review; 
2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Metalco S.A. (Metalco), the sole company subject to 
this administrative review of the antidumping duty (AD) order on 
corrosion-resistant steel products (CORE) from the People's Republic of 
China (China), is part of the China-wide entity because it did not file 
a separate rate application (SRA). The period of review (POR) is July 
1, 2020, through June 30, 2021. We invite interested parties to comment 
on these preliminary results.

DATES: Applicable August 4, 2022.

FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3586.

SUPPLEMENTARY INFORMATION:

Background

    On July 25, 2016, Commerce published the AD order on CORE from 
China in the Federal Register.\1\ On July 1, 2021, Commerce published a 
notice of opportunity to request an administrative review of the Order 
covering the POR.\2\ On September 7, 2021, in response to a timely 
request from California Steel Industries, Cleveland-Cliffs Inc., Nucor 
Corporation, Steel Dynamics, Inc., and United States Steel Corporation 
(collectively, Domestic Interested Parties),\3\ Commerce initiated an 
administrative review of the Order with respect to Metalco.\4\
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    \1\ See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016) (Order). The Order was subsequently modified to correct 
unintended errors regarding the estimated weighted-average dumping 
margins for China and the date that the extended period of 
provisional measures expired. See Certain Corrosion-Resistant Steel 
Products from India, Italy, the People's Republic of China, the 
Republic of Korea, and Taiwan; Notice of Correction to the 
Antidumping Duty Orders, 81 FR 58475 (August 25, 2016) (Corrected 
Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 86 FR 35065 (July 1, 2021).
    \3\ See Domestic Interested Parties' Letter, ``Corrosion-
Resistant Steel Products from the People's Republic of China: 
Request for Administrative Review of Antidumping Duty Order,'' dated 
July 30, 2021.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 50034 (September 7, 2021) (Initiation 
Notice).
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    On September 24, 2021, we placed on the record U.S. Customs and 
Border Protection (CBP) entry data under administrative protective 
order (APO) for all interested parties having APO access.\5\ The 
deadline for Metalco to submit a no-shipment certification or SRA \6\ 
was October 7, 2021.\7\ Metalco did not submit a no-shipment 
certification or an SRA.
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    \5\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Corrosion-Resistant Steel Products from the People's 
Republic of China, 2020-2021: Release of U.S. Customs and Border 
Protection (CBP) Data,'' dated September 24, 2021.
    \6\ Metalco currently does not have a separate rate with respect 
to this AD order, and, therefore, was not eligible to file a 
separate rate certification.
    \7\ See Initiation Notice, 86 FR at 50034 (``If a producer or 
exporter named in this notice of initiation had no exports, sales, 
or entries during the period of review (POR), it must notify 
Commerce within 30 days of publication of this notice in the Federal 
Register. . . . Separate Rate Applications are due to Commerce no 
later than 30 calendar days after publication of this Federal 
Register notice.''). Thirty calendar days after the Initiation 
Notice published in the Federal Register was October 7, 2021.
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Scope of the Order

    The products covered by this order are certain flat-rolled steel 
products, either clad, plated, or coated with corrosion-resistant 
metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-
based alloys, whether or not corrugated or painted, varnished, 
laminated, or coated with plastics or other non-metallic substances in 
addition to the metallic coating. The products covered include coils 
that have a 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

[[Page 47715]]

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:
    (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 and high strength low alloy (HSLA) steels. 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.
    Furthermore, this scope also includes Advanced High Strength Steels 
(AHSS) and Ultra High Strength Steels (UHSS), both of which are 
considered high tensile strength and high elongation steels.
    Subject merchandise also includes corrosion-resistant 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 in-scope corrosion 
resistant 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 this order unless 
specifically excluded. The following products are outside of and/or 
specifically excluded from the scope of this order:
    Flat-rolled steel products either plated or coated with tin, lead, 
chromium, chromium oxides, both tin and lead (``terne plate''), or both 
chromium and chromium oxides (``tin free steel''), whether or not 
painted, varnished or coated with plastics or other non-metallic 
substances in addition to the metallic coating;
    Clad products in straight lengths of 4.7625 mm or more in composite 
thickness and of a width which exceeds 150 mm and measures at least 
twice the thickness; and
    Certain clad stainless flat-rolled products, which are three-
layered corrosion-resistant flat-rolled steel products less than 4.75 
mm in composite thickness that consist of a flat-rolled steel product 
clad on both sides with stainless steel in a 20 percent-60 percent-20 
percent ratio.
    The products subject to the order are currently classified in the 
Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 
7210.49.0091, 7210.49.0095, 7210.61.0000, 7210.69.0000, 7210.70.6030, 
7210.70.6060, 7210.70.6090, 7210.90.6000, 7210.90.9000, 7212.20.0000, 
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 
7212.40.5000, 7212.50.0000, and 7212.60.0000.
    The products subject to the order may also enter under the 
following HTSUS item numbers: 7210.90.1000, 7215.90.1000, 7215.90.3000, 
7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 
7217.90.5030, 7217.90.5060, 7217.90.5090, 7225.91.0000, 7225.92.0000, 
7225.99.0090, 7226.99.0110, 7226.99.0130, 7226.99.0180, 7228.60.6000, 
7228.60.8000, and 7229.90.1000.
    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
order is dispositive.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.213.

Preliminary Results of Review

    Metalco, the sole company subject to this administrative review, 
did not file a no-shipment certification or an SRA. Thus, Commerce 
preliminarily determines that Metalco has not demonstrated its 
eligibility for separate rate status. As such, Commerce also 
preliminarily determines that Metalco is part of the China-wide entity.
    In addition, Commerce no longer considers the non-market economy 
(NME) entity as an exporter conditionally subject to an AD 
administrative review.\8\ Accordingly, the NME entity will not be under 
review unless Commerce specifically receives a request for, or self-
initiates, a review of the NME entity. In this administrative review, 
no party requested a review of the China-wide entity and we have not 
self-initiated a review of the China-wide entity. Because no review of 
the China-wide entity is being conducted, the China-wide entity's 
entries are not subject to this review, and the rate applicable to the 
NME entity is not subject to change as a result of this review. The 
China-wide entity rate is 199.43 percent.\9\
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    \8\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Non-Market Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \9\ See Order, unchanged in Corrected Order.
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Public Comment

    Interested parties are invited to comment on these preliminary 
results and may submit case briefs and/or written comments, filed 
electronically via Enforcement and Compliance's

[[Page 47716]]

Antidumping Duty and Countervailing Duty Centralized Electronic Service 
System (ACCESS), within 30 days after the date of publication of these 
preliminary results of review.\10\ ACCESS is available to registered 
users at https://access.trade.gov. Rebuttal briefs, limited to issues 
raised in the case briefs, must be filed within seven days after the 
time limit for filing case briefs.\11\ Parties who submit case or 
rebuttal briefs in this proceeding are requested to submit with each 
argument a statement of the issue, a brief summary of the argument, and 
a table of authorities.\12\
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    \10\ See 19 CFR 351.309(c)(1)(ii).
    \11\ See 19 CFR 351.309(d)1) and (2). Commerce has temporarily 
modified certain of its requirements for serving documents 
containing business proprietary information until further notice. 
See Temporary Rule Modifying AD/CVD Service Requirements Due to 
COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \12\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the 
publication of this notice.\13\ Requests should contain: (1) the 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
and rebuttal briefs. If a request for a hearing is made, parties will 
be notified of the time and date for the hearing to be held.\14\ 
Commerce intends to issue the final results of this administrative 
review, which will include the results of our analysis of all issues 
raised in the case briefs, within 120 days of publication of these 
preliminary results in the Federal Register, unless extended, pursuant 
to section 751(a)(3)(A) of the Act.
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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 310(d).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP will assess, antidumping duties on all appropriate 
entries covered by this review.\15\ We intend to instruct CBP to 
liquidate entries of subject merchandise exported by Metalco at the 
China-wide entity rate of 199.43 percent.\16\
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    \15\ See 19 CFR 351.212(b)(1).
    \16\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) for previously investigated or reviewed Chinese and non-
Chinese exporters who are not under review in this segment of the 
proceeding but who have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (2) for all Chinese exporters of subject merchandise that have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be the China-wide rate of 199.43 percent; and (3) for all non-
Chinese exporters of subject merchandise which have not received their 
own rate, the cash deposit rate will be the rate applicable to the 
Chinese exporter(s) that supplied that non-Chinese exporter. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a preliminary 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 double antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(h) and 19 CFR 351.221(b)(4).

    Dated: July 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-16727 Filed 8-3-22; 8:45 am]
BILLING CODE 3510-DS-P