[Federal Register Volume 88, Number 173 (Friday, September 8, 2023)]
[Notices]
[Pages 62060-62061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19387]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-533-817, C-533-818, A-560-805, C-560-806, A-580-836, C-580-837]


Certain Cut-To-Length Carbon-Quality Steel Plate From India, 
Indonesia, and the Republic of Korea: Continuation of Antidumping and 
Countervailing Duty Orders

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) order and countervailing 
duty (CVD) orders on certain cut-to-length carbon-quality steel plate 
(CTL plate) from India, Indonesia, and the Republic of Korea (Korea) 
would likely lead to the continuation or recurrence of dumping and 
countervailable subsidies, and material injury to an industry in the 
United States, Commerce is publishing a notice of continuation of these 
AD and CVD orders.

DATES: Applicable August 28, 2023.

FOR FURTHER INFORMATION CONTACT: Nathan Araya (AD) or Katherine Sliney 
(CVD), AD/CVD Operations, Offices II and III respectively, Enforcement 
and Compliance, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: 
(202) 482-3401 or (202) 482-2437, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 10, 2000, Commerce published in the Federal Register 
the AD and CVD orders on certain CTL plate from India, Indonesia, and 
Korea.\1\ On February 1, 2023, the ITC instituted,\2\ and Commerce 
initiated,\3\ the fourth sunset reviews of the Orders, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act). As a 
result of its reviews, Commerce determined that revocation of the 
Orders would likely lead to the continuation or recurrence of dumping 
or countervailable subsidies, and therefore, notified the ITC of the 
magnitude of the margins of dumping and countervailable subsidies 
likely to prevail should the Orders be revoked.\4\
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    \1\ 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); and 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) (collectively, Orders).
    \2\ See Cut-to-Length Carbon-Quality Steel Plate (CTL Plate) 
from India, Indonesia, and South Korea; Institution of Five-Year 
Reviews, 88 FR 6781 (February 1, 2023).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 
(February 1, 2023).
    \4\ See Certain Cut-to-Length Carbon-Quality Steel Plate from 
India, Indonesia, and the Republic of Korea: Final Results of the 
Expedited Fourth Sunset Reviews of the Antidumping Duty Orders, 88 
FR 36530 (June 5, 2023); see also Certain Cut-to-Length Carbon-
Quality Steel Plate from India, Indonesia, and the Republic of 
Korea: Final Results of Expedited Fourth Sunset Reviews of 
Countervailing Duty Orders, 88 FR 37856 (June 9, 2023).
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    On August 28, 2023, the ITC published its determination, pursuant 
to sections 751(c) and 752(a) of the Act, that revocation of the Orders 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
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    \5\ See Cut-to-Length Carbon-Quality Steel Plate from India, 
Indonesia, and South Korea Determinations, 88 FR 58619 (August 28, 
2023) (CTL Plate from India, Indonesia, and South Korea); See also 
Cut-to-Length Carbon-Quality Steel Plate from India, Indonesia, and 
South Korea Determinations, Inv. Nos. 701-TA-388, 389, and 391 and 
731-TA-817, 818, and 821, 88 FR 58619 USITC Pub. 5455 (August 2023) 
(Fourth Sunset Review) (ITC Sunset Review Determination).
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Scope of the Orders

    The products covered by the Orders are certain hot-rolled carbon-
quality steel: (1) universal mill plates (i.e., flat-rolled products 
rolled on four faces or in a closed box pass, of a width exceeding 150 
mm but not exceeding 1250 mm, and of a nominal or actual thickness of 
not less than 4 mm, which are cut-to-length (not in coils) and without 
patterns in relief), of iron or non-alloy-quality steel; and (2) flat-
rolled products, hot-rolled, of a nominal or actual thickness of 4.75 
mm or more and of a width which exceeds 150 mm and measures at least 
twice the thickness, and which are cut-to-length (not in coils).
    Steel products to be included in the scope of the Orders are of 
rectangular, square, circular or other shape and of rectangular or non-
rectangular cross-section where such non-rectangular cross-section is 
achieved subsequent to the rolling process (i.e., products which

[[Page 62061]]

have been ``worked after rolling'')--for example, products which have 
been beveled or rounded at the edges. Steel products that meet the 
noted physical characteristics that are painted, varnished or coated 
with plastic or other non-metallic substances are included within this 
scope. Also, specifically included in the scope of the Orders is high 
strength, low alloy (HSLA) steels. HSLA steels are recognized as steels 
with micro-alloying levels of elements such as chromium, copper, 
niobium, titanium, vanadium, and molybdenum.
    Steel products to be included in this scope, regardless of 
Harmonized Tariff Schedule of the United States (HTSUS) definitions, 
are products in which: (1) iron predominates, by weight, over each of 
the other contained elements; (2) the carbon content is two percent or 
less, by weight; and (3) none of the elements listed below is equal to 
or exceeds the quantity, by weight, respectively indicated: 1.80 
percent of manganese, or 1.50 percent of silicon, or 1.00 percent of 
copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 
0.30 percent of cobalt, or 0.40 percent of lead, or 1.25 percent of 
nickel, or 0.30 percent of tungsten, or 0.10 percent of molybdenum, or 
0.10 percent of niobium, or 0.41 percent of titanium, or 0.15 percent 
of vanadium, or 0.15 percent zirconium. All products that meet the 
written physical description, and in which the chemistry quantities do 
not equal or exceed any one of the levels listed above, are within the 
scope of these Orders unless otherwise specifically excluded. The 
following products are specifically excluded from the Orders: (1) 
products clad, plated, or coated with metal, whether or not painted, 
varnished or coated with plastic or other non-metallic substances; (2) 
SAE grades (formerly AISI grades) of series 2300 and above; (3) 
products made to ASTM A710 and A736 or their proprietary equivalents; 
(4) abrasion-resistant steels (i.e., USS AR 400, USS AR 500); (5) 
products made to ASTM A202, A225, A514 grade S, A517 grade S, or their 
proprietary equivalents; (6) ball bearing steels; (7) tool steels; and 
(8) silicon manganese steel or silicon electric steel.
    The merchandise subject to the Orders is currently classifiable in 
the HTSUS under subheadings: 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, 7212.50.0000, 7225.40.3050, 
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 
7226.91.8000, 7226.99.0000. Although the HTSUS subheadings are provided 
for convenience and customs purposes, the written description of the 
merchandise covered by the Orders is dispositive.

Continuation of the Orders

    As a result of the determinations by Commerce and the ITC that 
revocation of the Orders 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, Commerce hereby orders the continuation of the Orders. U.S. 
Customs and Border Protection 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 Orders will be August 
28, 2023.\6\ Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year reviews 
of the Orders not later than 30 days prior to fifth anniversary of the 
date of the last determination by the Commission.
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    \6\ See ITC Sunset Review Determination.
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Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), 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 terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

    These five-year (sunset) reviews and this notice are in accordance 
with sections 751(c) and 751(d)(2) of the Act and published in 
accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4).

    Dated: September 1, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-19387 Filed 9-7-23; 8:45 am]
BILLING CODE 3510-DS-P