[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Pages 24756-24757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08604]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-808]


Invitation for Comment on the Agreement Suspending the 
Antidumping Duty Investigation of Certain Cut-to-Length Carbon Steel 
Plate From the Russian Federation

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

SUMMARY: On March 30, 2023, Nucor Corporation, Cleveland-Cliffs Inc., 
and SSAB Enterprises LLC (collectively, domestic interested parties), 
filed with the U.S. Department of Commerce (Commerce) a request to 
terminate the 2003 Agreement Suspending the Antidumping Duty 
Investigation of Certain Cut-to-Length Carbon Steel Plate from the 
Russian Federation (Agreement). For the reasons stated in this notice, 
Commerce is requesting comments on whether the Agreement is no longer 
meeting its statutory requirements.

DATES: Applicable April 24, 2023.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or David Cordell, 
Bilateral Agreements Unit, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0162 or (202) 
482-0408, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 23, 2003, Commerce and producers/exporters accounting 
for substantially all imports of certain cut-to-length carbon steel 
plate (CTL plate) from the Russian Federation entered into the 
Agreement under section 734(b) of the Tariff Act of 1930, as amended 
(the Act).\1\ In entering into the Agreement, Commerce determined, 
under section 734(b) of the Act, that the Agreement would eliminate 
completely sales at less than fair value of the imported subject 
merchandise and, under section 734(d) of the Act, that the Agreement 
was in the public interest and could be monitored effectively.
---------------------------------------------------------------------------

    \1\ See Suspension of Antidumping Duty Investigation of Certain 
Cut-to-Length Carbon Steel Plate from the Russian Federation, 68 FR 
3859 (January 27, 2003).
---------------------------------------------------------------------------

    On March 30, 2023, the domestic interested parties filed a request 
that Commerce terminate the Agreement and impose an antidumping duty 
order on imports of CTL plate from the Russia Federation.\2\ The 
domestic interested parties argue that the Agreement is no longer 
meeting the requirements of sections 734(b) and section 734(d) of the 
Act.
---------------------------------------------------------------------------

    \2\ See Domestic Interested Parties' Letter, ``Request to 
Terminate Suspension Agreement,'' dated March 30, 2023.
---------------------------------------------------------------------------

Scope of Agreement

    The products covered by the Agreement are CTL plate from the 
Russian Federation. This merchandise is currently classified in the 
Harmonized Tariff Schedule of the United States (HTS) under item 
numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 
7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 
7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 
7212.40.1000, 7212.40.5000, and 7212.50.0000. Although the HTS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope of the Agreement is dispositive. For a 
full description of the scope of this Agreement, see Appendix B of the 
Agreement.

Invitation for Comment

    As discussed above, Commerce has received a request to terminate 
the Agreement from the domestic interested parties and is currently 
evaluating the request. The Agreement, at Section F, provides that 
``{i{time} f the Department determines that the Agreement is being or 
has been violated or no longer meets the requirements of section 734(b) 
or (d) of the Act, Commerce shall take action it determines appropriate 
under section 734(i) of the Act and the regulations.''
    Section 734(i) of the Act provides that where, as here, the 
investigation was completed,\3\ Commerce shall suspend liquidation and 
issue an antidumping duty order under section 736(a) of the Act if 
Commerce determines that there has been a violation of the Agreement, 
or if the Agreement no longer meets the statutory requirements. 
Pursuant to 19 CFR 351.209(c)(1), if Commerce has reason to believe 
that a suspension agreement no longer meets the requirements of section 
734(d) of the Act, it will publish a notice inviting comment on the 
suspension agreement. Based on the domestic interested parties' request 
to terminate, we find that the requirements of 19 CFR 351.209(c)(1) 
have been met, and as such, are issuing this notice to seek comments to 
determine if suspension of the investigation no longer meets the 
statutory requirements.
---------------------------------------------------------------------------

    \3\ See Notice of Final Determination of Sales at Less Than Fair 
Value: Certain Cut-to-Length Carbon Steel Plate from the Russian 
Federation, 62 FR 61787 (November 19, 1997).
---------------------------------------------------------------------------

    After consideration of comments received, Commerce will determine 
whether the Agreement no longer meets the statutory requirements and, 
if appropriate, take necessary action in accordance with section 734(i) 
of the Act and 19 CFR 351.209(c).

Public Comment

    Interested parties may submit comments via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS) no later than 30 days after the date of 
publication of this notice. ACCESS is available to registered users at 
https://access.trade.gov. Rebuttal comments, limited to issues raised 
in the affirmative comments, may be submitted via ACCESS no later than 
seven days after the deadline for comments. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\4\
---------------------------------------------------------------------------

    \4\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
---------------------------------------------------------------------------

    When submitting comments via ACCESS, interested parties must upload 
their submissions to the segment in ACCESS entitled ``Suspension 
Agreement'' and Segment Specific Information identified as ``2003.''

Notification to Interested Parties

    Commerce is issuing this notice in accordance with 734(i) of the 
Act and 19 CFR 351.209(c).


[[Page 24757]]


    Dated: April 19, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-08604 Filed 4-21-23; 8:45 am]
BILLING CODE 3510-DS-P