[Federal Register Volume 90, Number 102 (Thursday, May 29, 2025)]
[Notices]
[Pages 22690-22692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09701]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-552-843]
Certain Corrosion-Resistant Steel Products From the Socialist
Republic of Vietnam: Amended Preliminary Affirmative Determination of
Sales at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending its
preliminarily affirmative determination in the less-than-fair-value
(LTFV) investigation of certain corrosion-resistant steel products
(CORE) from the Socialist Republic of Vietnam (Vietnam) to correct for
significant ministerial errors. The period of investigation (POI) is
January 1, 2024, through June 30, 2024.
DATES: Applicable May 29, 2025.
FOR FURTHER INFORMATION CONTACT: Jacob Waddell, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1369.
SUPPLEMENTARY INFORMATION:
Background
On April 10, 2024, Commerce published in the Federal Register its
preliminary affirmative determination in the LTFV investigation of CORE
from Vietnam.\1\ On April 14, 2025, the petitioners \2\ timely alleged
that Commerce made significant ministerial errors in the Preliminary
Determination.\3\ Also on April 14, 2025, Hoa Sen Group (HSG), Ton Dong
A Corporation (TDA), the Government of Vietnam, and Maruichi Sun Steel
Trading Company (Maruichi) timely alleged that Commerce made
ministerial
[[Page 22691]]
errors in the Preliminary Determination.\4\
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\1\ See Certain Corrosion-Resistant Steel Products from the
Socialist Republic of Vietnam: Preliminary Affirmative Determination
of Sales at Less Than Fair Value, Postponement of Final
Determination, and Extension of Provisional Measures, 90 FR 15343
(April 10, 2025) (Preliminary Determination), and accompanying
Preliminary Decision Memorandum.
\2\ The petitioners are 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.
\3\ See Petitioners' Letter, ``Petitioners' Comments on
Significant Ministerial Errors in the Preliminary Determination,''
dated April 14, 2025 (Petitioners' Allegation).
\4\ See HSG's Letter, ``Preliminary Determination Ministerial
Error Comments,'' dated April 14, 2025 (HSG's Allegation); see also
TDA's Letter, ``TDA's Ministerial Error Comments,'' dated April 14,
2025 (TDA's Allegation); see also Maruichi's Letter, ``Maruichi
Ministerial Error Comment,'' dated April 14, 2025 (Maruichi's
Allegation); see also Government of Vietnam's Letter, ``GOV's
Comments on the Preliminary Determination,'' dated April 14, 2025
(GOV's Allegation).
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Scope of the Investigation
The product covered by this investigation is CORE from Vietnam. For
a complete description of the scope of this investigation, see Appendix
I.
Legal Framework
A ministerial error is defined as including ``errors 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 {Commerce{time} considers
ministerial.'' \5\ A ministerial error is considered to be
``significant'' if its correction, either 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 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.\6\ Pursuant to 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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\5\ See section 735(e) of the Tariff Act of 1930, as amended
(the Act); see also 19 CFR 351.224(f).
\6\ See 19 CFR 351.224(g).
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Analysis of Significant Ministerial Errors
In the Preliminary Determination, we find that Commerce made
significant ministerial errors within the meaning of section 735(e) of
the Act and 19 CFR 351.224(f) and (g)(1) in calculating the estimated
weighted-average dumping margins for HSG and TDA. Accordingly, pursuant
to 19 CFR 351.224(e), Commerce is amending its Preliminary
Determination to correct for these significant ministerial errors by
revising the weighted-average dumping margins for HSG, TDA, the non-
individually examined separate rate companies, and the Vietnam-Wide
Entity. For a detailed discussion of the alleged ministerial errors, as
well as Commerce's analysis, see the Ministerial Error Memorandum.\7\
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\7\ See Memorandum, ``Ministerial Error Allegation Regarding the
Preliminary Determination,'' dated concurrently with this notice
(Ministerial Error Memorandum).
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Amended Preliminary Determination
As a result of correcting the significant ministerial errors,
Commerce determines that the following amended preliminary estimated
weighted-average dumping margins exist:
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Cash deposit rate
Weighted-average (adjusted for
Producer Exporter dumping margin subsidy offset(s))
(percent) (percent) \8\
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Hoa Sen Group/Hoa Sen Nghe An One Hoa Sen Group/Hoa Sen Nghe An 132.10 N/A
Member Limited Liabilities Company/Hoa One Member Limited Liabilities
Sen Nhon Hoi--Binh Dinh One Member Company/Hoa Sen Nhon Hoi--Binh
Limited Liabilities Company.\9\ Dinh One Member Limited
Liabilities Company.
Ton Dong A Corporation................. Ton Dong A Corporation......... 51.64 N/A
China Steel and Nippon Steel Viet Nam China Steel and Nippon Steel 91.87 N/A
Joint Stock Company. Viet Nam Joint Stock Company.
Hoa Phat Steel Sheet Limited Liability Hoa Phat Steel Sheet Limited 91.87 N/A
Company. Liability Company.
Maruichi Sun Steel Joint Stock Company. Maruichi Sun Steel Joint Stock 91.87 N/A
Company.
Nam Kim Steel Joint Stock Company...... Nam Kim Steel Joint Stock 91.87 N/A
Company.
Pomina Flat Steel Joint Stock Company.. Pomina Flat Steel Joint Stock 91.87 N/A
Company.
Sam Hwan Vina Co., Ltd................. Sam Hwan Vina Co., Ltd......... 91.87 N/A
Southern Steel Sheet Co., Ltd.......... Southern Steel Sheet Co., Ltd.. 91.87 N/A
Tay Nam Steel Manufacturing & Trading Tay Nam Steel Manufacturing & 91.87 N/A
Co., Ltd. Trading Co., Ltd.
TVP Steel Trading Joint Stock Company.. TVP Steel Trading Joint Stock 91.87 N/A
Company.
Viet Phap Steel Corrugated Joint Stock Viet Phap Steel Corrugated 91.87 N/A
Company. Joint Stock Company.
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Vietnam-Wide Entity..................................................... * 178.89 136.57
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* Rate based on facts available with adverse inferences.
Disclosure
We intend to disclose the calculations performed for this amended
preliminary determination to parties within five days after public
announcement or, if there is no public announcement, within five days
of the date of publication of this notice, in accordance with 19 CFR
351.224(b).
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\8\ We are not applying an export subsidy offset to the
mandatory respondents because Commerce found no export subsidies
were provided to HSG and TDA. See Certain Corrosion-Resistant Steel
Products from the Socialist Republic of Vietnam: Preliminary
Affirmative Countervailing Duty Determination, and Alignment of
Final Determination with Antidumping Duty Determination, 90 FR 9235
(February 10, 2025), and accompanying Preliminary Decision
Memorandum. Similarly, no offset applies to the separate rate
companies because their rate is based on the rates determined for
HSG and TDA. For the Vietnam-wide entity, we have determined the
amount of the offset based on the CVD Preliminary Determination for
the non-responsive companies subject to total AFA. See also
Memorandum, ``Calculation of CVD Subsidy Offset for the Vietnam-Wide
Entity,'' dated concurrently with this Federal Register Notice.
\9\ Commerce preliminarily determines that HSG, Hoa Sen Nghe An
One Member Limited Liabilities Company, and Hoa Sen Nhon Hoi--Binh
Dinh One Member Limited Liabilities Company are a single entity. See
Preliminary Decision Memorandum.
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Amended Cash Deposits and Suspension of Liquidation
The collection of cash deposits and suspension of liquidation will
be revised according to the rates calculated in this amended
preliminary determination, in accordance with section 733(d) of the
Act. Because this amended preliminary determination results in an
increased cash deposit rate, this rate will be effective on the date of
publication of this notice in the Federal Register. These suspension of
[[Page 22692]]
liquidation instructions will remain in effect until further notice.
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify
the U.S. International Trade Commission (ITC) of our amended
preliminary determination.
Notification to Interested Parties
This amended preliminary determination is issued and published in
accordance with sections 733(d) and 777(i)(1) of the Act and 19 CFR
351.224 (e).
Dated: May 22, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
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
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 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, 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 investigation 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 investigation 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
investigation is dispositive.
[FR Doc. 2025-09701 Filed 5-28-25; 8:45 am]
BILLING CODE 3510-DS-P