[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Pages 19677-19679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08163]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-855]
Certain Corrosion-Resistant Steel Products From the Republic of
T[uuml]rkiye: Amended Preliminary Determination of Sales at Less Than
Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On April 10, 2025, the U.S. Department of Commerce (Commerce)
published its preliminary determination in the less-than-fair-value
investigation of certain corrosion-resistant steel products (CORE) from
the Republic of T[uuml]rkiye (T[uuml]rkiye) in the Federal Register.
Commerce is amending this preliminary determination to correct a
significant ministerial error.
DATES: Applicable May 9, 2025.
FOR FURTHER INFORMATION CONTACT: Olivia Woolverton or Brittany Bauer,
AD/CVD Operations, Office V, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-7452 or (202)
482-3860, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 10, 2025, Commerce published in the Federal Register the
Preliminary Determination in the less-than-fair-value investigation of
CORE from T[uuml]rkiye.\1\ On April 14, 2025, Steel Dynamics, Inc.,
Nucor Corporation, United States Steel Corporation, Wheeling-Nippon
Steel, Inc., and the United Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied Industrial and Service Workers
International Union, AFL-CIO, CLC (collectively, the petitioners) filed
a timely ministerial error allegation concerning the Preliminary
Determination.\2\
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\1\ See Certain Corrosion-Resistant Steel Products from the
Republic of T[uuml]rkiye: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of Final Determination,
and Extension of Provisional Measures, 90 FR 15340 (April 10, 2025)
(Preliminary Determination), and accompanying Preliminary Decision
Memorandum.
\2\ See Petitioners' Letter, ``Petitioners' Comments on
Significant Ministerial Error in the Preliminary Determination,''
dated April 14, 2025 (Petitioners' Ministerial Error Allegation).
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Scope of the Investigation
The product covered by this investigation is CORE from
T[uuml]rkiye. For a complete description of the scope of this
investigation, see the appendix to this notice.
Legal Framework
A ministerial error is defined in 19 CFR 351.224(f) as ``an error
in addition, subtraction, or other arithmetic function, clerical error
resulting from inaccurate copying, duplication, or the like, and any
other similar type of unintentional error which the Secretary considers
ministerial.'' A significant ministerial error is defined as a
ministerial error, the correction of which, singly or in combination
with other errors, would result in: (1) a change of at least five
absolute percentage points in, but not less than 25 percent of, the
weighted-average dumping margin calculated in the original preliminary
determination; or (2) a difference between a weighted-average dumping
margin of zero or de minimis and a weighted-average dumping margin of
greater than de minimis or vice versa.\3\ In accordance with 19 CFR
351.224(e), Commerce ``will analyze any comments received and, if
appropriate, correct any significant ministerial error by amending the
preliminary determination.''
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\3\ See 19 CFR 351.224(g)(1) and (2).
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Analysis of Significant Ministerial Error
In the Preliminary Determination, Commerce calculated the foreign
unit price in dollars (FUPDOL) for Borcelik.\4\ The petitioners allege
that, in calculating Borcelik's FUPDOL, Commerce made a currency
conversion into U.S. dollars for certain values (i.e., the home market
net price and difference-in-merchandise adjustment), which were already
denominated in U.S. dollars.\5\ After analyzing this allegation, we
determine that we made an error with respect to the calculation of
Borcelik's FUPDOL. Further, we find that this miscalculation is ``an
error in addition, subtraction, or other arithmetic function'' that
resulted from Commerce not appropriately accounting for the currency in
which certain values are denominated. Thus, this error constitutes a
ministerial error in the Preliminary Determination.
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\4\ Commerce has determined that Borcelik is a single entity
which consists of Borcelik Celik Sanayii Ticaret A.S., ArcelorMittal
[Ccedil]elik Ticaret A.[Scedil]., Bamesa Celik Serv[inodot]s San. Ve
Tic. A.[Scedil]. and Bamesa Muradiye Demir [Ccedil]elik San. Ve Tic.
A.[Scedil]. See Memorandum, ``Single-Entity Analysis for Borcelik
Celik Sanayii Ticaret A.S. and Affiliated Companies,'' dated April
3, 2025.
\5\ See Petitioners' Ministerial Error Allegation.
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Lastly, pursuant to 19 CFR 351.224(g)(2), Commerce's ministerial
error in the calculation of Borcelik's FUPDOL is significant because
its correction results in a difference between a weighted-average
dumping margin of zero and a weighted-average dumping margin greater
than de minimis (i.e., a change from an estimated weighted-average
dumping margin of 0.00 percent to 2.04 percent). Therefore, we are
correcting this ministerial error and amending the Preliminary
Determination accordingly. For a detailed discussion of the
aforementioned ministerial error allegation, as well as Commerce's
analysis of the petitioners' comments, see the Ministerial Error
Memorandum.\6\
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\6\ See Memorandum, ``Less-Than-Fair-Value Investigation of
Certain Corrosion-Resistant Steel Products from the Republic of
T[uuml]rkiye--Analysis of Ministerial Error Allegation,'' dated
concurrently with, and hereby adopted by, this notice (Ministerial
Error Memorandum).
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All-Others Rate
Section 735(c)(5)(A) of the Tariff Act of 1930, as amended (the
Act), provides that Commerce shall determine an estimated all-others
rate for all exporters and producers not individually examined. This
rate shall be an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any zero and de minimis
margins, and any margins determined entirely under section 776 of the
Act.
As a result of this amended preliminary determination, in this
investigation Commerce calculated estimated weighted-average dumping
margins for both Borcelik and Y[inodot]ld[inodot]z Demir [Ccedil]elik
Sanayi A.S. and Y[inodot]ld[inodot]z Entegre A[gbreve]a[ccedil] Sanayi
ve Ticaret A.S. (collectively, YD[Ccedil]) that are not zero, de
minimis, or based entirely on facts otherwise available. Accordingly,
Commerce recalculated the all-others rate using a simple average of the
estimated weighted-average dumping margins calculated for Borcelik and
YD[Ccedil].\7\
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\7\ With two respondents under examination, Commerce normally
calculates: (A) a weighted-average of the estimated weighted-average
dumping margins calculated for the examined respondents; (B) a
simple average of the estimated weighted-average dumping margins
calculated for the examined respondents; and (C) a weighted-average
of the estimated weighted-average dumping margins calculated for the
examined respondents using each company's publicly-ranged U.S. sales
values for the merchandise under consideration. Commerce then
compares (B) and (C) to (A) and selects the rate closest to (A) as
the most appropriate rate for all other producers and exporters.
See, e.g., Ball Bearings and Parts Thereof from France, Germany,
Italy, Japan, and the United Kingdom: Final Results of Antidumping
Duty Administrative Reviews, Final Results of Changed-Circumstances
Review, and Revocation of an Order in Part, 75 FR 53661, 53662
(September 1, 2010), and accompanying Issues and Decision Memorandum
at Comment 1. For a complete analysis of the data, see Memorandum,
``Amended Calculation of All-Others Rate,'' dated concurrently with
this notice.
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[[Page 19678]]
Amended Preliminary Determination
As a result of the correction of the ministerial error, the revised
estimated weighted-average dumping margin for Borcelik and all other
producers and exporters are as follows:
------------------------------------------------------------------------
Estimated
weighted-
average
Exporter or producer dumping
margin
(percent)
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Borcelik Celik Sanayii Ticaret A.S., ArcelorMittal 2.04
[Ccedil]elik Ticaret A.[Scedil]., Bamesa Celik
Serv[inodot]s San. Ve Tic. A.[Scedil]. and Bamesa Muradiye
Demir [Ccedil]elik San. Ve Tic. A.[Scedil].................
Y[inodot]ld[inodot]z Demir [Ccedil]elik Sanayi A.S., 15.18
Y[inodot]ld[inodot]z Entegre A[gbreve]a[ccedil] Sanayi ve
Ticaret A.S................................................
All Others.................................................. 8.61
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Disclosure
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the amended
preliminary determination, in accordance with 19 CFR 351.224.
Amended Suspension of Liquidation and Cash Deposit Requirements
The suspension of liquidation and cash deposit requirements will be
revised according to this amended preliminary determination, in
accordance with section 733(d) of the Act. Because this amended
preliminary determination results in revised suspension of liquidation
and cash deposit requirements, these changes will be effective on the
date of publication of this notice in the Federal Register.
Specifically, subject merchandise that is produced and exported to the
United States by Borcelik is no longer excluded from the provisional
measures imposed by the Preliminary Determination. Rather, Commerce
will instruct U.S. Customs and Border Protection (CBP) to suspend
liquidation of shipments of subject merchandise produced and exported
by Borcelik, entered, or withdrawn from warehouse, for consumption on
or after publication of this notice, and require a cash deposit equal
to the revised estimated weighted-average dumping margin for Borcelik
(i.e., 2.04 percent).
Further, Commerce has revised the estimated weighted-average
dumping margin for all other producers and exporters of subject
merchandise. Accordingly, Commerce will instruct CBP, for shipments of
subject merchandise, not produced or exported by Borcelik or
YD[Ccedil], entered, or withdrawn from warehouse, for consumption on or
after publication of this notice, and require a cash deposit equal to
the revised estimated weighted-average dumping margin for all other
producers and exporters (i.e., 8.61 percent).
These suspension of liquidation instructions will remain in effect
until further notice.
U.S. International Trade Commission (ITC) Notification
In accordance with section 773(f) of the Act, we intend to notify
the ITC of our amended preliminary determination.
Notification to Interested Parties
This amended preliminary determination is issued and published in
accordance with sections 733(f) and 777(i) of the Act, and 19 CFR
351.224(e).
Dated: May 5, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
Scope of the Investigation
The products covered by this investigation 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, varnishing, trimming,
cutting, punching and/or slitting or any other processing that would
not otherwise remove the merchandise from the scope of the
investigation 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 the investigation unless specifically excluded.
The following products are outside of and/or specifically excluded
from the scope of this investigation:
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, 81 FR 48390 (July 25, 2016); Corrosion-Resistant Steel
Products from Taiwan: Notice of Third Amended Final Determination of
Sales at
[[Page 19679]]
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 investigation are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under subheadings: 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 investigation may also enter under
the following HTSUS subheadings: 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
investigation is dispositive.
[FR Doc. 2025-08163 Filed 5-8-25; 8:45 am]
BILLING CODE 3510-DS-P