[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Notices]
[Pages 80196-80204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22592]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-812, A-351-862, A-122-871, A-201-863, A-421-818, A-791-829, A-
583-878, A-489-855, A-520-811, A-552-843]
Certain Corrosion-Resistant Steel Products From Australia,
Brazil, Canada, Mexico, the Netherlands, South Africa, Taiwan, the
Republic of T[uuml]rkiye, the United Arab Emirates, and the Socialist
Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable September 25, 2024.
FOR FURTHER INFORMATION CONTACT: Maisha Cryor at (202) 482-5831
(Australia and Canada), Nathan Araya at (202) 482-3401 (Brazil),
William Horn at (202) 482-4868 (Mexico), Kabir Archuletta at (202) 482-
2593 (the Netherlands), Jacob Saude at (202) 482-0981 (South Africa),
Fred Baker and Monique Cummings at (202) 482-2924 and (202) 482-3996,
respectively (Taiwan), Brittany Bauer at (202) 482-3860 (the Republic
of T[uuml]rkiye (T[uuml]rkiye)), Toni Page at (202) 482-1398 (the
United Arab Emirates (UAE)), and Jacob Waddell at (202) 482-1369 (the
Socialist Republic of Vietnam (Vietnam)), AD/CVD Operations,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
The Petitions
On September 5, 2024, the U.S. Department of Commerce (Commerce)
received antidumping duty (AD) petitions concerning imports of certain
corrosion-resistant steel products (CORE) from Australia, Brazil,
Canada, Mexico, the Netherlands, South Africa, Taiwan, T[uuml]rkiye,
the UAE, and Vietnam filed in proper form on behalf of Steel Dynamics,
Inc. (SDI), Nucor Corporation (Nucor), United States Steel Corporation
(U.S. Steel), Wheeling-Nippon Steel, Inc. (Wheeling-Nippon), and the
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers International Union, AFL-CIO, CLC (the
USW), domestic producers of CORE and a certified union, which
represents workers engaged in the production of CORE in the United
States (collectively,
[[Page 80197]]
the petitioners).\1\ The AD Petitions were accompanied by
countervailing duty (CVD) petitions concerning imports of CORE from
Brazil, Canada, Mexico, and Vietnam.\2\
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\1\ See Petitioners' Letter, ``Petitions for the Imposition of
Antidumping and Countervailing Duties,'' dated September 5, 2024
(the Petitions). Nucor is not a petitioner with respect to the AD/
CVD petitions on CORE from Mexico. U.S. Steel, Wheeling-Nippon, and
the USW are not petitioners with respect to the AD/CVD petitions on
CORE from Canada.
\2\ Id.
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Between September 9 and 19, 2024, Commerce requested supplemental
information pertaining to certain aspects of the Petitions in
supplemental questionnaires.\3\ The petitioners responded to Commerce's
supplemental questionnaires between September 12 and 20, 2024.\4\
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\3\ See Commerce's Letters, ``Supplemental Questions,'' dated
September 9, 2024 (General Issues Questionnaire); see also Country-
Specific AD Supplemental Questionnaires: Australia Supplemental,
Brazil Supplemental, Canada Supplemental, Mexico Supplemental, the
Netherlands Supplemental, South Africa Supplemental, Taiwan
Supplemental, T[uuml]rkiye Supplemental, UAE Supplemental, and
Vietnam Supplemental, dated September 9, 2024; Commerce's Letter,
``Second Supplemental Questions,'' dated September 16, 2024 (Second
General Issues Questionnaire); Second Country-Specific AD
Supplemental Questionnaires: the Netherlands Second Supplemental and
Vietnam Second Supplemental, dated September 17, 2024; and
Memorandum, ``Phone Call,'' dated September 19, 2024.
\4\ See Petitioners' Letters, ``Response to General Issues
Questionnaire and Amendment to Volume I of Petitions,'' dated
September 12, 2024 (First General Issues Supplement); see also
Country-Specific AD Supplemental Responses: Australia AD Supplement,
Brazil AD Supplement, Canada AD Supplement, Mexico AD Supplement,
the Netherlands AD Supplement, South Africa AD Supplement, Taiwan AD
Supplement, T[uuml]rkiye AD Supplement, UAE AD Supplement, and
Vietnam AD Supplement, dated September 12, 2024; Petitioners'
Letter, ``Petitioner's Response to Second General Issues
Supplemental Questionnaire and Amendment to Volume I of Petitions,''
dated September 18, 2024 (Second General Issues Supplement);
Country-Specific AD Supplemental Responses: Second Netherlands AD
Supplement and Second Vietnam AD Supplement, dated September 18,
2024; and Petitioners' Letter, ``Response to Third General Issues
Questionnaire and Amendment to Volume I of Petitions,'' dated
September 20, 2024 (Third General Issues Supplement).
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In accordance with section 732(b) of the Tariff Act of 1930, as
amended (the Act), the petitioners allege that imports of CORE from
Australia, Brazil, Canada, Mexico, the Netherlands, South Africa,
Taiwan, T[uuml]rkiye, the UAE, and Vietnam are being, or are likely to
be, sold in the United States at less than fair value (LTFV) within the
meaning of section 731 of the Act, and that imports of such products
are materially injuring, or threatening material injury to, the CORE
industry in the United States. Consistent with section 732(b)(1) of the
Act, the Petitions were accompanied by information reasonably available
to the petitioners supporting their allegations.
Commerce finds that the petitioners filed the Petitions on behalf
of the domestic industry, because the petitioners are interested
parties, as defined in sections 771(9)(C) and (D) of the Act.\5\
Commerce also finds that the petitioners demonstrated sufficient
industry support for the initiation of the requested LTFV
investigations.\6\
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\5\ SDI, Nucor, U.S. Steel, and Wheeling-Nippon are interested
parties under section 771(9)(C) of the Act, while the USW is an
interested party under section 771(9)(D) of the Act.
\6\ See section on ``Determination of Industry Support for the
Petitions,'' infra.
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Periods of Investigation
Because the Petitions were filed on September 5, 2024, pursuant to
19 CFR 351.204(b)(1), the period of investigation (POI) for Australia,
Brazil, Canada, Mexico, the Netherlands, South Africa, Taiwan,
T[uuml]rkiye, and the UAE LTFV investigations is July 1, 2023, through
June 30, 2024. Because Vietnam is a non-market economy (NME) country,
pursuant to 19 CFR 351.204(b)(1), the POI for the Vietnam LTFV
investigation is January 1, 2024, through June 30, 2024.
Scope of the Investigations
The product covered by these investigations is CORE from Australia,
Brazil, Canada, Mexico, the Netherlands, South Africa, Taiwan,
T[uuml]rkiye, the UAE, and Vietnam. For a full description of the scope
of these investigations, see the appendix to this notice.
Comments on the Scope of the Investigations
On September 9 and 16, 2024, Commerce requested information and
clarification from the petitioners regarding the proposed scope to
ensure that the scope language in the Petitions is an accurate
reflection of the products for which the domestic industry is seeking
relief.\7\ On September 12 and 18, 2024, the petitioners provided
clarifications and revised the scope.\8\ The description of merchandise
covered by these investigations, as described in the appendix to this
notice, reflects these clarifications.
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\7\ See General Issues Questionnaire; see also Second General
Issues Questionnaire.
\8\ See First General Issues Supplement at 7-9 and Exhibit Supp.
I-55; see also Second General Issues Supplement at 2-3 and Exhibit
2nd Supp I-7.
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As discussed in the Preamble to Commerce's regulations, we are
setting aside a period for interested parties to raise issues regarding
product coverage (i.e., scope).\9\ Commerce will consider all scope
comments received from interested parties and, if necessary, will
consult with interested parties prior to the issuance of the
preliminary determinations. If scope comments include factual
information,\10\ all such factual information should be limited to
public information. To facilitate preparation of its questionnaires,
Commerce requests that scope comments be submitted by 5:00 p.m. Eastern
Time (ET) on October 15, 2024, which is 20 calendar days from the
signature date of this notice.\11\ Any rebuttal comments, which may
include factual information, and should also be limited to public
information, must be filed by 5:00 p.m. ET on October 25, 2024, which
is 10 calendar days from the initial comment deadline.
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\9\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble); see also 19 CFR
351.312.
\10\ See 19 CFR 351.102(b)(21) (defining ``factual
information'').
\11\ See 19 CFR 351.303(b)(1).
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Commerce requests that any factual information that parties
consider relevant to the scope of these investigations be submitted
during that period. However, if a party subsequently finds that
additional factual information pertaining to the scope of the
investigations may be relevant, the party must contact Commerce and
request permission to submit the additional information. All scope
comments must be filed simultaneously on the records of the concurrent
LTFV and CVD investigations.
Filing Requirements
All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), unless an exception
applies.\12\ An electronically filed document must be received
successfully in its entirety by the time and date it is due.
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011); see also Enforcement and
Compliance: Change of Electronic Filing System Name, 79 FR 69046
(November 20, 2014) for details of Commerce's electronic filing
requirements, effective August 5, 2011. Information on using ACCESS
can be found at https://access.trade.gov/help.aspx and a handbook
can be found at https://access.trade.gov/help/Handbook_on_Electronic_Filing_Procedures.pdf.
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Comments on Product Characteristics
Commerce is providing interested parties an opportunity to comment
on the appropriate physical characteristics of CORE to be reported in
response to Commerce's AD questionnaires. This
[[Page 80198]]
information will be used to identify the key physical characteristics
of the subject merchandise in order to report the relevant factors of
production (FOP) or cost of production (COP) accurately, as well as to
develop appropriate product comparison criteria.
Interested parties may provide any information or comments that
they feel are relevant to the development of an accurate list of
physical characteristics. Specifically, they may provide comments as to
which characteristics are appropriate to use as: (1) general product
characteristics; and (2) product comparison criteria. We note that it
is not always appropriate to use all product characteristics as product
comparison criteria. We base product comparison criteria on meaningful
commercial differences among products. In other words, although there
may be some physical product characteristics utilized by manufacturers
to describe CORE, it may be that only a select few product
characteristics take into account commercially meaningful physical
characteristics. In addition, interested parties may comment on the
order in which the physical characteristics should be used in matching
products. Generally, Commerce attempts to list the most important
physical characteristics first and the least important characteristics
last.
In order to consider the suggestions of interested parties in
developing and issuing the AD questionnaires, all product
characteristics comments must be filed by 5:00 p.m. ET on October 15,
2024, which is 20 calendar days from the signature date of this
notice.\13\ Any rebuttal comments must be filed by 5:00 p.m. ET on
October 25, 2024, which is 10 calendar days from the initial comment
deadline. All comments and submissions to Commerce must be filed
electronically using ACCESS, as explained above, on the record of each
of the LTFV investigations.
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\13\ See 19 CFR 351.303(b)(1).
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Determination of Industry Support for the Petitions
Section 732(b)(1) of the Act requires that a petition be filed on
behalf of the domestic industry. Section 732(c)(4)(A) of the Act
provides that a petition meets this requirement if the domestic
producers or workers who support the petition account for: (i) at least
25 percent of the total production of the domestic like product; and
(ii) more than 50 percent of the production of the domestic like
product produced by that portion of the industry expressing support
for, or opposition to, the petition. Moreover, section 732(c)(4)(D) of
the Act provides that, if the petition does not establish support of
domestic producers or workers accounting for more than 50 percent of
the total production of the domestic like product, Commerce shall: (i)
poll the industry or rely on other information in order to determine if
there is support for the petition, as required by subparagraph (A); or
(ii) determine industry support using a statistically valid sampling
method to poll the ``industry.''
Section 771(4)(A) of the Act defines the ``industry'' as the
producers as a whole of a domestic like product. Thus, to determine
whether a petition has the requisite industry support, the statute
directs Commerce to look to producers and workers who produce the
domestic like product. The U.S. International Trade Commission (ITC),
which is responsible for determining whether ``the domestic industry''
has been injured, must also determine what constitutes a domestic like
product in order to define the industry. While both Commerce and the
ITC apply the same statutory definition regarding the domestic like
product,\14\ they do so for different purposes and pursuant to a
separate and distinct authority. In addition, Commerce's determination
is subject to limitations of time and information. Although this may
result in different definitions of the like product, such differences
do not render the decision of either agency contrary to law.\15\
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\14\ See section 771(10) of the Act.
\15\ See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (CIT
2001) (citing Algoma Steel Corp., Ltd. v. United States, 688 F.
Supp. 639, 644 (CIT 1988), aff'd Algoma Steel Corp., Ltd. v. United
States, 865 F.2d 240 (Fed. Cir. 1989)).
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Section 771(10) of the Act defines the domestic like product as ``a
product which is like, or in the absence of like, most similar in
characteristics and uses with, the article subject to an investigation
under this title.'' Thus, the reference point from which the domestic
like product analysis begins is ``the article subject to an
investigation'' (i.e., the class or kind of merchandise to be
investigated, which normally will be the scope as defined in the
petition).
With regard to the domestic like product, the petitioners do not
offer a definition of the domestic like product distinct from the scope
of the investigations.\16\ Based on our analysis of the information
submitted on the record, we have determined that CORE, as defined in
the scope, constitutes a single domestic like product, and we have
analyzed industry support in terms of that domestic like product.\17\
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\16\ For a discussion of the domestic like product analysis as
applied to these cases and information regarding industry support,
see Checklists, ``Antidumping Duty Investigation Initiation
Checklists: Certain Corrosion-Resistant Steel Products from
Australia, Brazil, Canada, Mexico, the Netherlands, South Africa,
Taiwan, the Republic of T[uuml]rkiye, the United Arab Emirates, and
the Socialist Republic of Vietnam,'' dated concurrently with, and
hereby adopted by, this notice (Country-Specific AD Initiation
Checklists), at Attachment II, Analysis of Industry Support for the
Antidumping and Countervailing Duty Petitions Covering Certain
Corrosion-Resistant Steel Products from Australia, Brazil, Canada,
Mexico, the Netherlands, South Africa, Taiwan, the Republic of
T[uuml]rkiye, the United Arab Emirates, and the Socialist Republic
of Vietnam (Attachment II). These checklists are on file
electronically via ACCESS.
\17\ See Attachment II of the Country-Specific AD Initiation
Checklists.
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In determining whether the petitioners have standing under section
732(c)(4)(A) of the Act, we considered the industry support data
contained in the Petitions with reference to the domestic like product
as defined in the ``Scope of the Investigations,'' in the appendix to
this notice. To establish industry support, the petitioners provided
the 2023 total shipments of the domestic like product for the U.S.
producers and workers that support the Petitions and compared this to
the estimated total 2023 shipments of the domestic like product for the
entire domestic industry.\18\ The petitioners estimated total shipments
of the domestic like product for the entire domestic industry based on
shipment data from the American Iron and Steel Institute and made
certain adjustments to these data to approximate total shipments of the
domestic like product in 2023.\19\ Because total industry production
data for the domestic like product for 2023 are not reasonably
available to the petitioners, and the petitioners have established that
shipments are a reasonable proxy for production data,\20\ we have
relied on the data provided by the petitioners for purposes of
measuring industry support.\21\
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\18\ Id.
\19\ Id.
\20\ Id.
\21\ Id.
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On September 18, 2024, we received timely filed comments on
industry support from several parties: Stelco, Inc. (Stelco), a
Canadian producer/exporter of CORE; \22\ ArcelorMittal Dofasco G.P.
(Dofasco), a Canadian producer and exporter of CORE; \23\ Ternium USA
and Ternium Mexico S.A. de C.V. (collectively, Ternium), a U.S.
producer
[[Page 80199]]
and importer of CORE and a Mexican producer/exporter of CORE,
respectively; \24\ and Government of Canada (GOC) and the Government of
Ontario (collectively).\25\ In its September 18, 2024, submission,
Ternium stated that it opposed the Mexico AD Petition.\26\ In addition,
in consultations held by Commerce officials with representatives of the
GOC on September 19, 2024, regarding the Canada CVD Petition, the GOC
raised industry support concerns relating to both the CVD and AD
Petitions.\27\ On September 20, 2024, the petitioners responded to the
comments from Stelco, GOC, Dofasco, and Ternium in timely filed
rebuttal submissions.\28\ Also on September 20, 2024, Stelco, Dofasco,
and Ternium submitted additional comments.\29\ On September 24, 2024,
Ternium submitted additional comments and provided its 2023 shipments
and production.\30\
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\22\ See Stelco's Letter, ``Comments on Industry Support for the
Petitions and Request for Polling,'' dated September 18, 2024.
\23\ See Dofasco's Letter, ``Comments on Industry Support and
Request for Industry Polling,'' dated September 18, 2024.
\24\ See Ternium's Letters, ``Comments on Petitioners'
Standing,'' dated September 18, 2024 (Ternium Letter I), and ``Entry
of Appearance,'' dated September 13, 2024.
\25\ See GOC and Government of Ontario's Letter, ``Industry
Support Comments,'' dated September 18, 2024.
\26\ See Ternium Letter I at 3.
\27\ See Memorandum, ``Consultations with Officials from the
Government of Canada.,'' dated September 19, 2024; see also GOC's
Letter, ``Government of Canada's Consultations Materials,'' dated
September 20, 2024.
\28\ See Petitioners' Letters, ``Response to Comments on
Industry Support and Request for Polling,'' dated September 20, 2024
(Petitioners' Response I), ``Response to Comments on Industry
Support,'' dated September 20, 2024 (Petitioners' Response II), and
``Response to Comments on Petitioners' Standing,'' dated September
20, 2024 (Petitioners' Response III).
\29\ See Stelco's Letter, ``Rebuttal Comments on Industry
Support for the Petitions and Request for Polling,'' dated September
20, 2024; see also Dofasco's Letter, ``Rebuttal Comments to
Petitioners' Response to the Second General Issues Questionnaire and
Amendment to Volume I of Petitions,'' dated September 20, 2024; and
Ternium's Letter, ``Ternium's Second Comments on Petitioners'
Standing,'' dated September 20, 2024.
\30\ See Ternium's Letter, ``Ternium's Third Comments on
Petitioners' Standing,'' dated September 24, 2024.
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Our review of the data provided in the Petitions, the First General
Issues Supplement, Second General Issues Supplement, the Third General
Issues Supplement, Petitioners' Response I, Petitioners' Response II,
Petitioners' Response III, and other information readily available to
Commerce, indicates that the petitioners have established industry
support for the Petitions.\31\ With respect to the Australia, Brazil,
Mexico, Netherlands, South Africa, Taiwan, T[uuml]rkiye, UAE, and
Vietnam AD Petitions, we determine that the domestic producers and
workers that support these AD Petitions account for more than 50
percent of the total production of the domestic like product and, as
such, Commerce is not required to take further action to evaluate
industry support (e.g., polling).\32\ Second, the domestic producers
and workers have met the statutory criteria for industry support under
section 732(c)(4)(A)(i) of the Act because the domestic producers and
workers who support the Australia, Brazil, Mexico, Netherlands, South
Africa, Taiwan, T[uuml]rkiye, UAE, and Vietnam AD Petitions account for
at least 25 percent of the total production of the domestic like
product.\33\ Finally, the domestic producers and workers have met the
statutory criteria for industry support under section 732(c)(4)(A)(ii)
of the Act because the domestic producers and workers who support the
Australia, Brazil, Mexico, Netherlands, South Africa, Taiwan,
T[uuml]rkiye, UAE, and Vietnam AD Petitions account for more than 50
percent of the production of the domestic like product produced by that
portion of the industry expressing support for, or opposition to, the
Petitions.\34\ Accordingly, Commerce determines that the Australia,
Brazil, Mexico, Netherlands, South Africa, Taiwan, T[uuml]rkiye, UAE,
and Vietnam AD Petitions were filed on behalf of the domestic industry
within the meaning of section 732(b)(1) of the Act.\35\
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\31\ For further discussion, see Attachment II of the Country-
Specific AD Initiation Checklists.
\32\ Id.; see also section 732(c)(4)(D) of the Act.
\33\ See Attachment II of the Country-Specific AD Initiation
Checklists.
\34\ Id.
\35\ Id.
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With respect to the Canada AD Petition, based on information
provided in the Petition and supplemental responses thereto, we
determine that the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(i)
of the Act, because the domestic producers (or workers) who support the
Canada AD Petition account for at least 25 percent of the total
production of the domestic like product.\36\ Because the Canada AD
Petition and supplemental submissions did not establish support from
domestic producers (or workers) accounting for more than 50 percent of
the total production of the domestic like product, Commerce was
required to take further action in order to evaluate industry
support.\37\ In this case, Commerce was able to rely on other
information, in accordance with section 732(c)(4)(D)(i) of the Act, to
determine industry support.\38\ Based on information provided in the
Petitions, supplemental responses, and other information readily
available to Commerce, the domestic producers (or workers) have met the
statutory criteria for industry support under section 732(c)(4)(A)(ii)
of the Act because the domestic producers (or workers) who support the
Canada AD Petition account for more than 50 percent of the production
of the domestic like product produced by that portion of the industry
expressing support for, or opposition to, the Canada AD Petition.\39\
Accordingly, Commerce determines that the Canada AD Petition was filed
on behalf of the domestic industry within the meaning of section
732(b)(1) of the Act.\40\
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\36\ See Attachment II of the Canada AD Initiation Checklist.
\37\ Id.; see also section 732(c)(4)(D) of the Act.
\38\ See Attachment II of the Canada AD Initiation Checklist.
\39\ Id.
\40\ Id.
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Allegations and Evidence of Material Injury and Causation
The petitioners allege that the U.S. industry producing the
domestic like product is being materially injured, or is threatened
with material injury, by reason of the imports of the subject
merchandise sold at LTFV. In addition, with respect to Brazil, Canada,
Mexico, Taiwan, and Vietnam, the petitioners allege that subject
imports exceed the negligibility threshold provided for under section
771(24)(A) of the Act.\41\ With respect to Australia, the Netherlands,
South Africa, T[uuml]rkiye, and the UAE, while the allegedly dumped
imports from each of these countries do not individually exceed the
statutory requirements for negligibility, the petitioners provided data
demonstrating that the aggregate import share from these five countries
is 9.01 percent, which exceeds the seven percent threshold established
by the exception in section 771(24)(A)(ii) of the Act.\42\
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\41\ For further information regarding negligibility and the
injury allegation, see Country-Specific AD Initiation Checklists at
Attachment III, Analysis of Allegations and Evidence of Material
Injury and Causation for the Antidumping and Countervailing Duty
Petitions Covering Certain Corrosion-Resistant Steel Products from
Australia, Brazil, Canada, Mexico, the Netherlands, South Africa,
Taiwan, the Republic of T[uuml]rkiye, the United Arab Emirates, and
the Socialist Republic of Vietnam (Attachment III).
\42\ See Attachment III of the Country-Specific AD Initiation
Checklists.
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The petitioners contend that the industry's injured condition is
illustrated by the significant volume of subject imports; reduced
market share; underselling and price depression and/or suppression; and
low and declining capacity utilization; and declines in U.S. commercial
shipment values, net sales values, operating income, and net
[[Page 80200]]
income.\43\ We assessed the allegations and supporting evidence
regarding material injury, threat of material injury, causation,
cumulation, as well as negligibility, and we have determined that these
allegations are properly supported by adequate evidence and meet the
statutory requirements for initiation.\44\
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\43\ Id.
\44\ Id.
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Allegations of Sales at LTFV
The following is a description of the allegations of sales at LTFV
upon which Commerce based its decision to initiate LTFV investigations
of imports of CORE from Australia, Brazil, Canada, Mexico, the
Netherlands, South Africa, Taiwan, T[uuml]rkiye, the UAE, and Vietnam.
The sources of data for the deductions and adjustments relating to U.S.
price and normal value (NV) are discussed in greater detail in the
Country-Specific AD Initiation Checklists.
U.S. Price
For Australia, Brazil, Canada, Mexico, the Netherlands, South
Africa, T[uuml]rkiye, the UAE, and Vietnam, the petitioners based
export price (EP) on the POI average unit values (AUVs) derived from
official U.S. import statistics for imports of CORE produced in and
exported from each country.\45\ For Taiwan, the petitioners based EP on
a transaction-specific AUV (i.e., month- and port-specific AUV) derived
from official import statistics and tied to ship manifest data.\46\ For
each country, the petitioners made certain adjustments to U.S. price to
calculate a net ex-factory U.S. price, where applicable.\47\
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\45\ See Country-Specific AD Initiation Checklists.
\46\ See Taiwan AD Initiation Checklist.
\47\ See Country-Specific AD Initiation Checklists.
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Normal Value 48
For Australia, Brazil, Canada, Mexico, the Netherlands, Taiwan,
T[uuml]rkiye, and the UAE, the petitioners based NV on home market
pricing information they obtained for CORE produced in and sold, or
offered for sale, in the respective countries during the applicable
time period.\49\ For Canada, the Netherlands, and the UAE, the
petitioners provided information indicating that the prices for CORE
sold or offered for sale in the respective countries were below the
COP. Therefore, for Canada, the Netherlands, and the UAE, the
petitioners based NV on constructed value (CV).\50\ For South Africa,
the petitioners stated that they were unable to obtain home market or
third country pricing information for CORE to use as a basis for
NV.\51\ Therefore, for South Africa, the petitioners calculated NV
based on CV.\52\ For further discussion of CV for Canada, the
Netherlands, South Africa, and the UAE, see the section ``Normal Value
Based on Constructed Value,'' below.
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\48\ In accordance with section 773(b)(2) of the Act, for the
Australia, Brazil, Canada, Mexico, the Netherlands, South Africa,
Taiwan, T[uuml]rkiye, and the UAE investigations, Commerce will
request information necessary to calculate the constructed value
(CV) and COP to determine whether there are reasonable grounds to
believe or suspect that sales of the foreign like product have been
made at prices that represent less than the COP of the product.
\49\ See Country-Specific AD Initiation Checklists.
\50\ Id.
\51\ See South Africa AD Initiation Checklist.
\52\ Id.
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Commerce considers Vietnam to be an NME country.\53\ In accordance
with section 771(18)(C)(i) of the Act, any determination that a foreign
country is an NME country shall remain in effect until revoked by
Commerce. Therefore, we continue to treat Vietnam as an NME country for
purposes of the initiation of the Vietnam LTFV investigation.
Accordingly, we base NV on FOPs valued in a surrogate market economy
country in accordance with section 773(c) of the Act.
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\53\ See, e.g., Raw Honey from the Socialist Republic of
Vietnam: Final Results of Antidumping Duty Changed Circumstances
Review, 89 FR 64411 (August 7, 2024), and accompanying NME Analysis
Memorandum at 5.
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The petitioners claim that Morocco is an appropriate surrogate
country for Vietnam because it is a market economy that is at a level
of economic development comparable to that of Vietnam and is a
significant producer of comparable merchandise.\54\ The petitioners
provided publicly available information from Morocco to value all
FOPs.\55\ Based on the information provided by the petitioners, we
believe it is appropriate to use Morocco as a surrogate country for
Vietnam to value all FOPs for initiation purposes.
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\54\ See Vietnam AD Initiation Checklist.
\55\ Id.
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Interested parties will have the opportunity to submit comments
regarding surrogate country selection and, pursuant to 19 CFR
351.301(c)(3)(i), will be provided an opportunity to submit publicly
available information to value FOPs within 30 days before the scheduled
date of the preliminary determination.
Factors of Production
Because information regarding the volume of inputs consumed by
Vietnamese producers/exporters was not reasonably available, the
petitioners used product-specific consumption rates from a U.S.
producer of CORE as a surrogate to value Vietnamese manufacturers'
FOPs.\56\ Additionally, the petitioners calculated factory overhead,
selling, general, and administrative (SG&A) expenses, and profit based
on the experience of a Moroccan producer of comparable merchandise.\57\
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\56\ Id.
\57\ Id.
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Normal Value Based on Constructed Value
As noted above for Canada, the Netherlands, and the UAE, the
petitioners provided information indicating that the prices for CORE
sold or offered for sale in the respective countries were below the
COP. Also as noted above, for South Africa, the petitioners stated that
they were unable to obtain home market or third-country prices for CORE
to use as a basis for NV. Therefore, for Canada, the Netherlands, South
Africa, and the UAE, the petitioners calculated NV based on CV.\58\
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\58\ See Country-Specific AD Initiation Checklists.
---------------------------------------------------------------------------
Pursuant to section 773(e) of the Act, the petitioners calculated
CV as the sum of the cost of manufacturing, SG&A expenses, financial
expenses, and profit.\59\ For Canada, the Netherlands, South Africa,
and the UAE, in calculating the cost of manufacturing, the petitioners
relied on the production experience and input consumption rates of a
U.S. producer of CORE, valued using publicly available information
applicable to the respective countries, where applicable.\60\ In
calculating SG&A expenses, financial expenses, and profit ratios, the
petitioners relied on the fiscal year 2023 financial statements of
producers of comparable merchandise domiciled in each country,
respectively.\61\
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\59\ Id.
\60\ Id.
\61\ Id.
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Fair Value Comparisons
Based on the data provided by the petitioners, there is reason to
believe that imports of CORE from Australia, Brazil, Canada, Mexico,
the Netherlands, South Africa, Taiwan, T[uuml]rkiye, the UAE, and
Vietnam are being, or are likely to be, sold in the United States at
LTFV. Based on comparisons of EP to NV in accordance with sections 772
and 773 of the Act, the estimated dumping margins for CORE for each of
the countries covered by this initiation are as follows: (1)
Australia--45.86 to 51.79 percent; (2) Brazil--52.03 to 107.67 percent;
(3) Canada--19.73 to 52.08 percent; (4)
[[Page 80201]]
Mexico--27.46 to 41.94 percent; (5) the Netherlands--12.70 to 20.51
percent; (6) South Africa--53.81 to 53.86 percent ; (7) Taiwan--67.81
percent; (8) T[uuml]rkiye--18.30 to 34.59 percent; (9) the UAE--77.09
to 78.53 percent; and (10) Vietnam--195.23 percent.\62\
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\62\ Id.
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Initiation of LTFV Investigations
Based upon the examination of the Petitions and supplemental
responses, we find that they meet the requirements of section 732 of
the Act. Therefore, we are initiating LTFV investigations to determine
whether imports of CORE from Australia, Brazil, Canada, Mexico, the
Netherlands, South Africa, Taiwan, T[uuml]rkiye, the UAE, and Vietnam
are being, or are likely to be, sold in the United States at LTFV. In
accordance with section 733(b)(1)(A) of the Act and 19 CFR
351.205(b)(1), unless postponed, we will make our preliminary
determinations no later than 140 days after the date of these
initiations.
Respondent Selection
Australia, Brazil, Canada, Mexico, the Netherlands, South Africa, and
T[uuml]rkiye
In the Petitions, the petitioners identified six companies in
Australia, eight companies in Brazil, five companies in Canada, six
companies in Mexico, seven companies in the Netherlands, three
companies in South Africa, and 27 companies in T[uuml]rkiye as
producers/exporters of CORE.\63\ Following standard practice in LTFV
investigations involving market economy countries, in the event
Commerce determines that the number of companies is large, and it
cannot individually examine each company based upon Commerce's
resources, where appropriate, Commerce intends to select mandatory
respondents based on U.S. Customs and Border Protection (CBP) data for
imports under the appropriate Harmonized Tariff Schedule of the United
States (HTSUS) subheading(s) listed in the ``Scope of the
Investigations,'' in the appendix.
---------------------------------------------------------------------------
\63\ See Petitions at Volume I (page 27 and Exhibits I-9 through
I-14 and I-16); see also First General Issues Supplement at 7 and
Exhibits Supp. I-14 and Supp. I-16.
---------------------------------------------------------------------------
On September 23 and 25, 2024, Commerce released CBP data on imports
of CORE from Australia, Brazil, Canada, Mexico, the Netherlands, South
Africa, and T[uuml]rkiye under administrative protective order (APO) to
all parties with access to information protected by APO and indicated
that interested parties wishing to comment on CBP data and/or
respondent selection must do so within three business days of the
publication date of the notice of initiation of these
investigations.\64\ Comments must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety via ACCESS by 5:00 p.m. ET on the specified deadline. Commerce
will not accept rebuttal comments regarding the CBP data or respondent
selection.
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\64\ See Country-Specific Memoranda, ``Release of U.S. Customs
and Border Protection Entry Data,'' dated September 23 and 25, 2024.
---------------------------------------------------------------------------
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). Instructions for filing such
applications may be found on Commerce's website at https://www.trade.gov/administrative-protective-orders.
Taiwan
In the Petitions, the petitioners identified 13 companies in Taiwan
as producers and/or exporters of CORE.\65\ In the event that Commerce
determines that the number of companies is large, and it cannot
individually examine each company based upon Commerce's resources,
where appropriate, Commerce intends to select mandatory respondents
based on quantity and value (Q&V) questionnaires issued to potential
respondents. Following standard practice in LTFV investigations
involving market economy countries, Commerce would normally select
respondents based on CBP entry data for imports under the appropriate
HTSUS subheading(s) listed in the ``Scope of the Investigations'' in
the Appendix. However, for the Taiwan LTFV investigation, due to the
existing AD order on imports of CORE from Taiwan,\66\ we cannot rely on
CBP data in selecting respondents. Accordingly, for Taiwan, Commerce
will send Q&V questionnaires to each producer and/or exporter for which
there is complete address information on the record.
---------------------------------------------------------------------------
\65\ See Petitions at Volume I (page 27 and Exhibit I-15); see
also First General Issues Supplement at 7 and Exhibit Supp. I-15.
\66\ 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); see also Corrosion-Resistant Steel Products from Taiwan:
Notice of Third Amended Final Determination of Sales at Less Than
Fair Value Pursuant to Court Decision and Partial Exclusion from
Antidumping Duty Order, 88 FR 58245 (August 25, 2023).
---------------------------------------------------------------------------
Commerce will post the Q&V questionnaire along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of CORE from Taiwan that do not
receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Commerce's website. Responses to the Q&V questionnaire must be
submitted by the relevant Taiwanese producers/exporters no later than
5:00 p.m. ET on October 9, 2024, which is two weeks from the signature
date of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
UAE
In the Petitions, the petitioners named five companies in the UAE
as producers and/or exporters of CORE.\67\ In the event that Commerce
determines that the number of companies is large, and it cannot
individually examine each company based upon Commerce's resources,
where appropriate, Commerce intends to select mandatory respondents
based on Q&V questionnaires issued to potential respondents. Following
standard practice in LTFV investigations involving market economy
countries, Commerce would normally select respondents based on CBP
entry data for imports under the appropriate HTSUS subheading(s) listed
in the ``Scope of the Investigations'' in the Appendix. However, for
the UAE LTFV investigation, due to Commerce's determination that
certain imports of CORE from the UAE are circumventing the AD order on
CORE from the People's Republic of China,\68\ we cannot rely on CBP
data in selecting respondents. Accordingly, for the UAE, Commerce will
send Q&V questionnaires to each producer and/or exporter for which
there is complete address information on the record.
---------------------------------------------------------------------------
\67\ See Petitions at Volume I (page 27 and Exhibit I-17).
\68\ See Certain Corrosion-Resistant Steel Products from the
People's Republic of China: Affirmative Final Determination of
Circumvention Involving the United Arab Emirates, 85 FR 41957 (July
13, 2020).
---------------------------------------------------------------------------
Commerce will post the Q&V questionnaire along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of CORE from the UAE that do
not receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Commerce's website. Responses to the Q&V questionnaire must be
submitted by the relevant UAE producers/exporters no later than 5:00
p.m. ET on October 9, 2024, which is two weeks from the signature date
of
[[Page 80202]]
this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Vietnam
In the Petitions, the petitioners named 17 companies in Vietnam as
producers and/or exporters of CORE.\69\ Our standard practice for
respondent selection in AD investigations involving NME countries is to
select respondents based on quantity and value (Q&V) questionnaires in
cases where Commerce has determined that the number of companies is
large, and it cannot individually examine each company based upon its
resources. Therefore, considering the number of producers and/or
exporters identified in the Petitions, Commerce will solicit Q&V
information that can serve as a basis for selecting exporters for
individual examination in the event that Commerce determines that the
number is large and decides to limit the number of respondents
individually examined pursuant to section 777A(c)(2) of the Act. There
are 17 Vietnamese producers and/or exporters identified in the
Petitions. Commerce has determined that this number of producers and/or
exporters is large, and thus, it will issue Q&V questionnaires to each
potential respondent for which there is complete address information on
the record.
---------------------------------------------------------------------------
\69\ See Petitions at Volume I (page 27 and Exhibit I-18); see
also First General Issues Supplement at 7 and Exhibit Supp. I-18.
---------------------------------------------------------------------------
Commerce will post the Q&V questionnaires along with filing
instructions on Commerce's website at https://www.trade.gov/ec-adcvd-case-announcements. Producers/exporters of CORE from Vietnam that do
not receive Q&V questionnaires may still submit a response to the Q&V
questionnaire and can obtain a copy of the Q&V questionnaire from
Commerce's website. Responses to the Q&V questionnaire must be
submitted by the relevant Vietnamese producers/exporters no later than
5:00 p.m. ET on October 9, 2024, which is two weeks from the signature
date of this notice. All Q&V questionnaire responses must be filed
electronically via ACCESS. An electronically filed document must be
received successfully, in its entirety, by ACCESS no later than 5:00
p.m. ET on the deadline noted above.
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305(b). As stated above, instructions
for filing such applications may be found on Commerce's website at
https://www.trade.gov/administrative-protective-orders.
Separate Rates
In order to obtain separate rate status in an NME investigation,
exporters and producers must submit a separate rate application. The
specific requirements for submitting a separate rate application in an
NME investigation are outlined in detail in the application itself,
which is available on Commerce's website at https://access.trade.gov/Resources/nme/nme-sep-rate.html. The separate rate application will be
due 30 days after publication of this initiation notice. Exporters and
producers must file a timely separate rate application if they want to
be considered for individual examination. Exporters and producers who
submit a separate rate application and have been selected as mandatory
respondents will be eligible for consideration for separate rate status
only if they respond to all parts of Commerce's AD questionnaire as
mandatory respondents. Commerce requires that companies from Vietnam
submit a response both to the Q&V questionnaire and to the separate
rate application by the respective deadlines to receive consideration
for separate rate status. Companies not filing a timely Q&V
questionnaire response will not receive separate rate consideration.
Use of Combination Rates
Commerce will calculate combination rates for certain respondents
that are eligible for a separate rate in an NME investigation. The
Separate Rates and Combination Rates Bulletin states:
{w{time} hile continuing the practice of assigning separate rates
only to exporters, all separate rates that {Commerce{time} will now
assign in its NME investigation will be specific to those producers
that supplied the exporter during the period of investigation. Note,
however, that one rate is calculated for the exporter and all of the
producers which supplied subject merchandise to it during the period
of investigation. This practice applies both to mandatory
respondents receiving an individually calculated separate rate as
well as the pool of non-investigated firms receiving the {weighted
average{time} of the individually calculated rates. This practice
is referred to as the application of ``combination rates'' because
such rates apply to specific combinations of exporters and one or
more producers. The cash-deposit rate assigned to an exporter will
apply only to merchandise both exported by the firm in question and
produced by a firm that supplied the exporter during the period of
investigation.\70\
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\70\ See Enforcement and Compliance's Policy Bulletin No. 05.1,
regarding, ``Separate-Rates Practice and Application of Combination
Rates in Antidumping Investigation involving NME Countries,'' (April
5, 2005) at 6 (emphasis added), available on Commerce's website at
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Distribution of Copies of the Petitions
In accordance with section 732(b)(3)(A) of the Act and 19 CFR
351.202(f), copies of the public version of the Petitions have been
provided to the governments of Australia, Brazil, Canada, Mexico, the
Netherlands, South Africa, Taiwan, T[uuml]rkiye, the UAE, and Vietnam
via ACCESS. To the extent practicable, we will attempt to provide a
copy of the public version of the Petitions to each exporter named in
the Petitions, as provided under 19 CFR 351.203(c)(2).
ITC Notification
Commerce will notify the ITC of our initiation, as required by
section 732(d) of the Act.
Preliminary Determinations by the ITC
The ITC will preliminarily determine, within 45 days after the date
on which the Petitions were filed, whether there is a reasonable
indication that imports of CORE from Australia, Brazil, Canada, Mexico,
the Netherlands, South Africa, Taiwan, T[uuml]rkiye, the UAE, and/or
Vietnam are materially injuring, or threatening material injury to, a
U.S. industry.\71\ A negative ITC determination for any country will
result in the investigation being terminated with respect to that
country.\72\ Otherwise, these LTFV investigations will proceed
according to statutory and regulatory time limits.
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\71\ See section 733(a) of the Act.
\72\ Id.
---------------------------------------------------------------------------
Submission of Factual Information
Factual information is defined in 19 CFR 351.102(b)(21) as: (i)
evidence submitted in response to questionnaires; (ii) evidence
submitted in support of allegations; (iii) publicly available
information to value factors under 19 CFR 351.408(c) or to measure the
adequacy of remuneration under 19 CFR 351.511(a)(2); (iv) evidence
placed on the record by Commerce; and (v) evidence other than factual
information described in (i)-(iv). Section 351.301(b) of Commerce's
regulations requires any party, when submitting factual information, to
specify under which subsection of 19 CFR 351.102(b)(21) the information
is being submitted \73\ and, if the information is submitted to rebut,
clarify, or correct factual information already on the record, to
provide an explanation identifying the information already on the
record that the factual information seeks to rebut, clarify, or
[[Page 80203]]
correct.\74\ Time limits for the submission of factual information are
addressed in 19 CFR 351.301, which provides specific time limits based
on the type of factual information being submitted. Interested parties
should review the regulations prior to submitting factual information
in these investigations.
---------------------------------------------------------------------------
\73\ See 19 CFR 351.301(b).
\74\ See 19 CFR 351.301(b)(2).
---------------------------------------------------------------------------
Particular Market Situation Allegation
Section 773(e) of the Act addresses the concept of particular
market situation (PMS) for purposes of CV, stating that ``if a
particular market situation exists such that the cost of materials and
fabrication or other processing of any kind does not accurately reflect
the cost of production in the ordinary course of trade, the
administering authority may use another calculation methodology under
this subtitle or any other calculation methodology.'' When an
interested party submits a PMS allegation pursuant to section 773(e) of
the Act (i.e., a cost-based PMS allegation), the submission must be
filed in accordance with the requirements of 19 CFR 351.416(b), and
Commerce will respond to such a submission consistent with 19 CFR
351.301(c)(2)(v). If Commerce finds that a cost-based PMS exists under
section 773(e) of the Act, then it will modify its dumping calculations
appropriately.
Neither section 773(e) of the Act, nor 19 CFR 351.301(c)(2)(v),
sets a deadline for the submission of cost-based PMS allegations and
supporting factual information. However, in order to administer section
773(e) of the Act, Commerce must receive PMS allegations and supporting
factual information with enough time to consider the submission. Thus,
should an interested party wish to submit a cost-based PMS allegation
and supporting new factual information pursuant to section 773(e) of
the Act, it must do so no later than 20 days after submission of a
respondent's initial section D questionnaire response.
We note that a PMS allegation filed pursuant to sections
773(a)(1)(B)(ii)(III) or 773(a)(1)(C)(iii) of the Act (i.e., a sales-
based PMS allegation) must be filed within 10 days of submission of a
respondent's initial section B questionnaire response, in accordance
with 19 CFR 351.301(c)(2)(i) and 19 CFR 351.404(c)(2).
Extensions of Time Limits
Parties may request an extension of time limits before the
expiration of a time limit established under 19 CFR 351.301, or as
otherwise specified by Commerce. In general, an extension request will
be considered untimely if it is filed after the expiration of the time
limit established under 19 CFR 351.301, or as otherwise specified by
Commerce.\75\ For submissions that are due from multiple parties
simultaneously, an extension request will be considered untimely if it
is filed after 10:00 a.m. ET on the due date. Under certain
circumstances, Commerce may elect to specify a different time limit by
which extension requests will be considered untimely for submissions
which are due from multiple parties simultaneously. In such a case, we
will inform parties in a letter or memorandum of the deadline
(including a specified time) by which extension requests must be filed
to be considered timely. An extension request must be made in a
separate, standalone submission; under limited circumstances we will
grant untimely filed requests for the extension of time limits, where
we determine, based on 19 CFR 351.302, that extraordinary circumstances
exist. Parties should review Commerce's regulations concerning the
extension of time limits and the Time Limits Final Rule prior to
submitting factual information in these investigations.\76\
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\75\ See 19 CFR 351.301; see also Extension of Time Limits;
Final Rule, 78 FR 57790 (September 20, 2013) (Time Limits Final
Rule), available at https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/html/2013-22853.htm.
\76\ See 19 CFR 351.302; see also, e.g., Time Limits Final Rule.
---------------------------------------------------------------------------
Certification Requirements
Any party submitting factual information in an AD or CVD proceeding
must certify to the accuracy and completeness of that information.\77\
Parties must use the certification formats provided in 19 CFR
351.303(g).\78\ Commerce intends to reject factual submissions if the
submitting party does not comply with the applicable certification
requirements.
---------------------------------------------------------------------------
\77\ See section 782(b) of the Act.
\78\ See Certification of Factual Information to Import
Administration During Antidumping and Countervailing Duty
Proceedings, 78 FR 42678 (July 17, 2013) (Final Rule). Additional
information regarding the Final Rule is available at https://access.trade.gov/Resources/filing/index.html.
---------------------------------------------------------------------------
Notification to Interested Parties
Interested parties must submit applications for disclosure under
APO in accordance with 19 CFR 351.305. Parties wishing to participate
in these investigations should ensure that they meet the requirements
of 19 CFR 351.103(d) (e.g., by filing the required letter of
appearance). Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\79\
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\79\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069 (September 29, 2023).
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This notice is issued and published pursuant to sections 732(c)(2)
and 777(i) of the Act, and 19 CFR 351.203(c).
Dated: September 25, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
Scope of the Investigations
The products covered by these investigations 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 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 these investigations are
products in which: (1) iron predominates, by weight, over each of
the other contained elements; and (2) the carbon content is 2
percent or less, by weight.
Subject merchandise also includes corrosion-resistant steel that
has been further processed in a third country, including but not
limited to annealing, tempering, painting,
[[Page 80204]]
varnishing, trimming, cutting, punching and/or slitting or any other
processing that would not otherwise remove the merchandise from the
scope of the investigations if performed in the country of
manufacture of the in-scope corrosion resistant steel.
All products that meet the written physical description are
within the scope of these investigations unless specifically
excluded. The following products are outside of and/or specifically
excluded from the scope of these investigations:
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;
Certain clad stainless flat-rolled products, which are
three-layered corrosion-resistant carbon steel flat-rolled products
less than 4.75 mm in composite thickness that consist of a carbon
steel flat-rolled product clad on both sides with stainless steel in
a 20%-60%-20% ratio; and
Also excluded from the scope of the antidumping duty
investigation on corrosion resistant steel from Taiwan are any
products covered by the existing antidumping duty order on
corrosion-resistant steel from Taiwan. 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, 81FR 48390 (July 25, 2016); Corrosion-Resistant Steel
Products from Taiwan: Notice of Third Amended Final Determination of
Sales at Less Than Fair Value Pursuant to Court Decision and Partial
Exclusion from Antidumping Duty Order, 88 FR 58245 (August 25,
2023).
Also excluded from the scope of the antidumping duty
investigation on corrosion-resistant steel from the United Arab
Emirates and the antidumping duty and countervailing duty
investigations on corrosion-resistant steel from the Socialist
Republic of Vietnam are any products covered by the existing
antidumping and countervailing duty orders on corrosion-resistant
steel from the People's Republic of China and the Republic of Korea
and the antidumping duty order on corrosion-resistant steel from
Taiwan. 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); see also Certain Corrosion-Resistant Steel Products from
India, Italy, Republic of Korea and the People's Republic of China:
Countervailing Duty Order, 81 FR 48387 (July 25, 2016). This
exclusion does not apply to imports of corrosion-resistant steel
that are entered, or withdrawn from warehouse, for consumption in
the United States for which the relevant importer and exporter
certifications have been completed and maintained and all other
applicable certification requirements have been met such that the
entry is entered into the United States as not subject to the
antidumping and countervailing duty orders on corrosion-resistant
steel from the People's Republic of China, the antidumping and
countervailing duty orders on corrosion-resistant steel from the
Republic of Korea, or the antidumping duty order on corrosion-
resistant steel from Taiwan.
The products subject to the investigations 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, 7210.49.0040, 7210.49.0045,
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, 7212.60.0000, 7225.91.0000, 7225.92.0000,
7226.99.0110, and 7226.99.0130.
The products subject to the investigations 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, 7225.99.0090, 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
investigations is dispositive.
[FR Doc. 2024-22592 Filed 10-1-24; 8:45 am]
BILLING CODE 3510-DS-P