[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Notices]
[Pages 78642-78644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27839]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-809, A-351-845, A-588-874, A-580-883, A-421-813, A-489-826, A-
412-825, C-351-846, C-580-884]


Certain Hot-Rolled Steel Flat Products From Australia, Brazil, 
Japan, the Republic of Korea, the Netherlands, the Republic of Turkey, 
and the United Kingdom: Continuation of Antidumping Duty Orders 
(Australia, Japan, Korea, the Netherlands, Turkey, and United Kingdom) 
and Countervailing Duty Order (Korea) and Revocation of Antidumping and 
Countervailing Duty Orders (Brazil)

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

SUMMARY: As a result of the determinations by the U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) orders on certain hot-
rolled steel flat products (hot-rolled steel) from Australia, Japan, 
the Republic of Korea (Korea), the Netherlands, the Republic of Turkey 
(Turkey), and the United Kingdom would likely lead to continuation or 
recurrence of dumping and material injury to an industry in the United 
States, Commerce is publishing a notice of continuation of the AD 
orders for these countries. Further, as a result of Commerce's and the 
ITC's determinations that the countervailing duty (CVD) order on hot-
rolled steel from Korea would likely lead to continuation or recurrence 
of net countervailable subsidies and material injury to an industry in 
the United States, Commerce is publishing a notice of continuation CVD 
order for Korea. Finally, as a result of the ITC's determination that 
revocation of the AD and CVD orders on hot-rolled steel from Brazil is 
not likely to lead to continuation or recurrence of material injury to 
an industry in the United States, Commerce is revoking the AD and CVD 
orders on hot-rolled steel from Brazil.

DATES: Applicable December 22, 2022.

FOR FURTHER INFORMATION CONTACT: Zachary Le Vene, 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) 482-0056.

SUPPLEMENTARY INFORMATION:

Background

    On October 3, 2016, Commerce published in the Federal Register the 
AD orders on hot-rolled steel from Australia, Brazil, Japan, Korea, the 
Netherlands, Turkey, and the United Kingdom (AD Orders) \1\ and the CVD 
orders on hot-rolled steel from Brazil and Korea (CVD Orders, 
collectively with AD Orders, Orders).\2\ On September 1, 2021, Commerce 
published the notice of initiation of the sunset reviews of the Orders 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\3\ Commerce conducted expedited (120-day) sunset reviews of the 
Orders, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2). As a result of its reviews, Commerce 
determined, pursuant to sections 751(c)(1) and 752(c) of the Act, that 
revocation of the Orders would likely lead to continuation or 
recurrence of dumping and countervailable subsidies. Commerce also 
notified the ITC of the magnitude of the dumping margins and net 
countervailable subsidies likely to prevail should the Orders be 
revoked.\4\
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    \1\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016), as amended by Certain Hot-Rolled Steel Flat 
Products from Turkey: Notice of Court Decision Not in Harmony with 
the Amended Final Determination in the Less-Than-Fair-Value 
Investigation; Notice of Amended Final Determination, Amended 
Antidumping Duty Order, Notice of Revocation of Antidumping Duty 
Order in Part; and Discontinuation of the 2017-18 and 2018-19 
Antidumping Duty Administrative Reviews, in Part, 85 FR 29399 (May 
15, 2020) (AD Orders).
    \2\ See Certain Hot-Rolled Steel Flat Products from Brazil and 
the Republic of Korea: Amended Final Affirmative Countervailing Duty 
Determinations and Countervailing Duty Orders, 81 FR 67960 (October 
3, 2016) (CVD Orders).
    \3\ See Initiation Notice of Five-Year (Sunset) Reviews, 86 FR 
48983 (September 1, 2021) (Initiation Notice).
    \4\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Final Results of the Expedited 
Sunset Reviews of the Antidumping Duty Orders, 87 FR 751 (January 6, 
2022); Certain Hot-Rolled Steel Flat Products of Brazil: Final 
Results of the Expedited First Sunset Review of the Countervailing 
Duty Order, 87 FR 750 (January 6, 2022); and Certain Hot-Rolled 
Steel Flat Products From the Republic of Korea: Final Results of the 
Expedited First Sunset Review of the Countervailing Duty Order, 87 
FR 428 (January 5, 2022).
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    On December 2, 2022, the ITC published its determination, pursuant 
to

[[Page 78643]]

section 751(c) of the Act, that revocation of the AD orders on hot-
rolled steel from Australia, Japan, the Netherlands, Turkey, and the 
United Kingdom, and the AD and CVD orders on hot-rolled steel from 
Korea, would be likely to lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time, and that revocation of the AD and CVD orders on hot-
rolled steel from Brazil would not be likely to lead to continuation or 
recurrence of material injury within a reasonably foreseeable time.\5\
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    \5\ See Hot-Rolled Steel from Australia, Brazil, Japan, 
Netherlands, Russia, South Korea, Turkey, and the United Kingdom, 87 
FR 74167 (December 2, 2022).
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Scope of the Orders

    The products covered by these Orders are certain hot-rolled, flat-
rolled steel products, with or without patterns in relief, and 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 thickness, and 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 of 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 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 unless the resulting measurement makes the product 
covered by the existing antidumping \6\ or countervailing duty \7\ 
orders on Certain Cut-To-Length Carbon-Quality Steel Plate Products 
from the Republic of Korea (A-580-836; C-580-837), and
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    \6\ See Notice of Amendment of Final Determinations of Sales at 
Less Than Fair Value and Antidumping Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate Products from France, India, 
Indonesia, Italy, Japan and the Republic of Korea, 65 FR 6585 
(February 10, 2000).
    \7\ See Notice of Amended Final Determinations: Certain Cut-to-
Length Carbon-Quality Steel Plate from India and the Republic of 
Korea; and Notice of Countervailing Duty Orders: Certain Cut-To-
Length Carbon-Quality Steel Plate from France, India, Indonesia, 
Italy, and the Republic of Korea, 65 FR 6587 (February 10, 2000).
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    (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 these Orders 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, or
     0.80 percent of molybdenum, or
     0.10 percent of niobium, or
     0.30 percent of vanadium, or
     0.30 percent of zirconium.
    Unless specifically excluded, products are included in these scopes 
regardless of levels of boron and titanium. For example, specifically 
included in these scopes are vacuum degassed, fully stabilized 
(commonly referred to as interstitial-free (IF)) steels, high strength 
low alloy (HSLA) steels, the substrate for 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. The substrate for motor 
lamination steels contains 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 hot-rolled steel that has been further 
processed in a third country, including but not limited to pickling, 
oiling, levelling, annealing, tempering, temper rolling, skin passing, 
painting, varnishing, trimming, cutting, punching, and/or slitting, or 
any other processing that would not otherwise remove the merchandise 
from the scope of these Orders if performed in the country of 
manufacture of the hot-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 these Orders 
unless specifically excluded. The following products are outside of 
and/or specifically excluded from the scope of these Orders:
     Universal mill plates (i.e., hot-rolled, flat-rolled 
products not in coils that have been rolled on four faces or in a 
closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, 
of a thickness not less than 4.0 mm, and without patterns in relief);
     Products that have been cold-rolled (cold-reduced) after 
hot-rolling; \8\
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    \8\ For purposes of this scope exclusion, rolling operations 
such as a skin pass, levelling, temper rolling or other minor 
rolling operations after the hot-rolling process for purposes of 
surface finish, flatness, shape control, or gauge control do not 
constitute cold-rolling sufficient to meet this exclusion.
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     Ball bearing steels; \9\
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    \9\ 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; \10\ and
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    \10\ 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 steels.\11\
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    \11\ 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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    The products covered by these Orders are currently classified in 
the Harmonized Tariff Schedule of the United States (HTSUS) under item 
numbers: 7208.10.1500, 7208.10.3000,

[[Page 78644]]

7208.10.6000, 7208.25.3000, 7208.25.6000, 7208.26.0030, 7208.26.0060, 
7208.27.0030, 7208.27.0060, 7208.36.0030, 7208.36.0060, 7208.37.0030, 
7208.37.0060, 7208.38.0015, 7208.38.0030, 7208.38.0090, 7208.39.0015, 
7208.39.0030, 7208.39.0090, 7208.40.6030, 7208.40.6060, 7208.53.0000, 
7208.54.0000, 7208.90.0000, 7210.70.3000, 7211.14.0030, 7211.14.0090, 
7211.19.1500, 7211.19.2000, 7211.19.3000, 7211.19.4500, 7211.19.6000, 
7211.19.7530, 7211.19.7560, 7211.19.7590, 7225.11.0000, 7225.19.0000, 
7225.30.3050, 7225.30.7000, 7225.40.7000, 7225.99.0090, 7226.11.1000, 
7226.11.9030, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.5000, 
7226.91.7000, and 7226.91.8000. The products covered by these Orders 
may also enter under the following HTSUS numbers: 7210.90.9000, 
7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.91.0015, 
7214.91.0060, 7214.91.0090, 7214.99.0060, 7214.99.0075, 7214.99.0090, 
7215.90.5000, 7226.99.0180, and 7228.60.6000. The HTSUS subheadings 
above are provided for convenience and U.S. Customs purposes only. The 
written description of the scope of these Orders is dispositive.

Continuation of the AD Orders on Hot-Rolled Steel From Australia, 
Japan, the Netherlands, Turkey, and the United Kingdom and the 
Continuation of the AD and CVD Orders on Hot-Rolled Steel From Korea

    As a result of the determinations by Commerce and the ITC that 
revocation of the AD orders on hot-rolled steel from Australia, Japan, 
the Netherlands, Turkey, and the United Kingdom, and the AD and CVD 
orders on hot-rolled steel from Korea would likely lead to continuation 
or recurrence of dumping, countervailable subsidies, and material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the 
continuation of the AD orders on hot-rolled steel from Australia, 
Japan, the Netherlands, Turkey, and the United Kingdom, and the AD and 
CVD orders on hot-rolled steel from Korea. U.S. Customs and Border 
Protection (CBP) will continue to collect AD and CVD cash deposits at 
the rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the AD orders on hot-
rolled steel from Australia, Japan, the Netherlands, Turkey, and the 
United Kingdom, and the AD and CVD orders on hot-rolled steel from 
Korea will be the date of publication in the Federal Register of this 
notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 
CFR 351.218(c)(2), Commerce intends to initiate the next sunset review 
of the AD orders on hot-rolled steel from Australia, Japan, the 
Netherlands, Turkey, and the United Kingdom, and the AD and CVD orders 
on hot-rolled steel from Korea not later than 30 days prior to the 
fifth anniversary of the effective date of continuation.

Revocation of the AD and CVD Orders on Hot-Rolled Steel From Brazil

    As a result of the determination by the ITC that revocation of the 
AD and CVD orders on hot-rolled steel from Brazil would not be likely 
to lead to continuation or recurrence of material injury to an industry 
in the United States, pursuant to section 751(d)(2) of the Act, 19 CFR 
351.222(i)(1)(iii), and 19 CFR 351.218(a), Commerce is revoking the AD 
and CVD orders on hot-rolled steel from Brazil. Pursuant to section 
751(d)(3) of the Act and 19 CFR 351.222(i)(2)(i), the effective date of 
revocation is October 3, 2021 (i.e., the fifth anniversary of the date 
of publication in the Federal Register of the notice of the 
Orders).\12\
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    \12\ See Orders.
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Cash Deposits and Assessment of Duties on Hot-Rolled Steel From Brazil

    Commerce intends to notify CBP to terminate the suspension of 
liquidation and to discontinue the collection of AD and CVD cash 
deposits on entries of hot-rolled steel from Brazil, entered or 
withdrawn from warehouse, on or after October 3, 2021. Commerce intends 
to further instruct CBP to refund with interest all cash deposits on 
unliquidated entries made on or after October 3, 2021. Entries of 
subject merchandise prior to the effective date of revocation will 
continue to be subject to suspension of liquidation and AD and CVD 
deposit requirements and assessments.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
APO of their responsibility concerning the return, destruction, or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to 
comply is a violation of the APO which may be subject to sanctions.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
sections 751(c) and 751(d)(2) of the Act and this notice is published 
pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: December 15, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-27839 Filed 12-21-22; 8:45 am]
BILLING CODE 3510-DS-P