[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Notices]
[Pages 57099-57102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18036]



[[Page 57099]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-150]


Tin Mill Products From the People's Republic of China: 
Preliminary Affirmative Determination of Sales at Less Than Fair Value 
and Preliminary Affirmative Determination of Critical Circumstances

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that tin mill products from the People's Republic of China 
(China) are being, or are likely to be, sold in the United States at 
less than fair value (LTFV). The period of investigation (POI) is July 
1, 2022, through December 31, 2022. Interested parties are invited to 
comment on this preliminary determination.

DATES: Applicable August 22, 2023.

FOR FURTHER INFORMATION CONTACT: Samuel Frost, 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) 482-8180.

SUPPLEMENTARY INFORMATION:

Background

    This preliminary determination is made in accordance with section 
733(b) of the Tariff Act of 1930, as amended (the Act). Commerce 
published the notice of initiation of this LTFV investigation on 
February 14, 2023.\1\ On May 31, 2023, Commerce postponed the 
preliminary determination of this investigation and the revised 
deadline is now August 16, 2023.\2\ For a complete description of the 
events that followed the initiation of this investigation, see the 
Preliminary Decision Memorandum.\3\ A list of topics included in the 
Preliminary Decision Memorandum is included as Appendix II to this 
notice. The Preliminary Decision Memorandum is a public document and is 
on file electronically via Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at https://access.trade.gov. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Tin Mill Products from Canada, the People's Republic of 
China, Germany, the Netherlands, the Republic of Korea, Taiwan, the 
Republic of Turkey, and the United Kingdom: Initiation of Less-Than-
Fair-Value Investigations, 88 FR 9481 (February 14, 2023) 
(Initiation Notice).
    \2\ See Tin Mill Products from Canada, the People's Republic of 
China, Germany, the Netherlands, the Republic of Korea, Taiwan, the 
Republic of Turkey, and the United Kingdom: Postponement of 
Preliminary Determinations in the Less-Than-Fair-Value 
Investigations, 88 FR 34827 (May 31, 2023).
    \3\ See Memorandum, ``Decision Memorandum for Preliminary 
Affirmative Determination of Sales at Less Than Fair Value and 
Preliminary Affirmative Determination of Critical Circumstances in 
the Investigation of Tin Mill Products from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Investigation

    The products covered by this investigation are tin mill products 
from China. For a complete description of the scope of this 
investigation, see Appendix I.

Scope Comments

    In accordance with the preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. For a summary of product coverage comments and 
rebuttal responses submitted to the record for this investigation, and 
accompanying discussion and analysis of all comments timely received, 
see the Preliminary Scope Decision Memorandum.\6\ Commerce 
preliminarily did not modify the scope language as it appeared in the 
Initiation Notice. In the Preliminary Scope Decision Memorandum, 
Commerce established a deadline for parties to submit scope and 
rebuttal briefs.
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997).
    \5\ See Initiation Notice, 88 FR at 9482.
    \6\ See Memorandum, ``Preliminary Scope Decision Memorandum, 
dated concurrently with this preliminary determination (Preliminary 
Scope Decision Memorandum).
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Methodology

    Commerce is conducting this investigation in accordance with 
section 731 of the Act. Furthermore, pursuant to sections 776(a) and 
(b) of the Act, Commerce preliminarily has relied upon facts otherwise 
available, with adverse inferences, for the China-wide entity. For a 
full description of the methodology underlying Commerce's preliminary 
determination, see the Preliminary Decision Memorandum.

Preliminary Affirmative Determination of Critical Circumstances

    In accordance with section 733(e) of the Act and 19 CFR 351.206(c), 
Commerce preliminarily determines that critical circumstances exist 
with respect to imports of tin mill products from China for the China-
wide entity. For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see the Preliminary 
Decision Memorandum.

Combination Rates

    In the Initiation Notice,\7\ Commerce stated that it would 
calculate producer/exporter combination rates for the respondents that 
are eligible for a separate rate in this investigation. Policy Bulletin 
05.1 describes this practice.\8\ In this case, because no respondent 
qualified for a separate rate, we did not calculate any producer/
exporter combination rates. For a full description of the separate rate 
status of interested parties in this investigation, see the Preliminary 
Decision Memorandum.
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    \7\ See Initiation Notice, 88 FR at 9486.
    \8\ See Enforcement and Compliance's Policy Bulletin No. 05.1, 
regarding, ``Separate-Rates Practice and Application of Combination 
Rates in Antidumping Investigations involving Non-Market Economy 
Countries,'' (April 5, 2005) (Policy Bulletin 05.1), available at 
https://access.trade.gov/Resources/policy/bull05-1.pdf.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margin exists:

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                                                                    Estimated weighted-     Cash deposit rate
                         Producer/exporter                            average dumping     (adjusted for  subsidy
                                                                      margin (percent)      offset (percent))
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China-wide Entity.................................................              122.52                   111.98
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[[Page 57100]]

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of subject merchandise as described in the scope of the investigation 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of this notice in the Federal Register, as 
discussed below. Further, pursuant to section 733(d)(1)(B) of the Act 
and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash 
deposit equal to the weighted-average amount by which normal value 
exceeds U.S. price, as indicated in the chart above.
    Section 733(e)(2) of the Act provides that, given an affirmative 
determination of critical circumstances, any suspension of liquidation 
shall apply to unliquidated entries of merchandise entered, or 
withdrawn from warehouse, for consumption on or after the later of (a) 
the date which is 90 days before the date on which the suspension of 
liquidation was first ordered, or (b) the date on which notice of 
initiation of the investigation was published. Commerce preliminarily 
finds that critical circumstances exist for imports of subject 
merchandise from the China-wide entity. In accordance with section 
733(e)(2)(A) of the Act, the suspension of liquidation shall apply to 
all unliquidated entries of merchandise from all producers and/or 
exporters of tin mill products from China that were entered, or 
withdrawn from warehouse, for consumption on or after the date which is 
90 days before the publication of this notice in the Federal Register.
    To determine the cash deposit rate, Commerce normally adjusts the 
estimated weighted-average dumping margin by the amount of domestic 
subsidy pass-through and export subsidies determined in a companion 
countervailing duty (CVD) proceeding when CVD provisional measures are 
in effect. Accordingly, where Commerce has made a preliminary 
affirmative determination for domestic subsidy pass-through or export 
subsidies, Commerce has offset the calculated estimated weighted-
average dumping margin by the appropriate rate(s). As discussed in the 
Preliminary Decision Memorandum, we made no adjustment for domestic 
subsidy pass-through. Any such adjusted rates may be found in the 
Preliminary Determination Section's chart of estimated weighted-average 
dumping margins above.
    Should provisional measures in the companion CVD investigation 
expire prior to the expiration of provisional measures in this LTFV 
investigation, Commerce will direct CBP to begin collecting cash 
deposits at a rate equal to the estimated weighted-average dumping 
margin calculated in this preliminary determination unadjusted for 
export subsidies at the time the CVD provisional measures expire. These 
suspension of liquidation instructions will remain in effect until 
further notice.

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with a preliminary determination within five 
days of its 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). However, because Commerce 
preliminarily applied total adverse facts available (AFA) to the China-
wide entity in this investigation, in accordance with section 776 of 
the Act, and the applied AFA rate is based solely on the petition, 
there are no calculations to disclose.

Verification

    Because the China-wide entity in this investigation did not provide 
information requested by Commerce, and Commerce preliminarily 
determines that the China-wide entity was uncooperative, we will not 
conduct verification.

Public Comment

    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance no 
later than September 8, 2023. Rebuttal briefs, limited to issues raised 
in case briefs, may be submitted no later than seven days after the 
deadline date for case briefs.\9\ Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\10\ Pursuant to 
19 CFR 351.309(c)(2) and (d)(2), parties who submit case or rebuttal 
briefs in this investigation are encouraged to submit with each 
argument: (1) a statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities.
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    \9\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. If a request for a hearing is made, 
Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm the date and time of the hearing two 
days before the scheduled date.

Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that 
Commerce will issue the final determination within 75 days after the 
date of its preliminary determination. Accordingly, Commerce will make 
its final determination no later than 75 days after the signature date 
of this preliminary determination.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its preliminary 
determination. If the final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of this 
preliminary determination or 45 days after the final determination 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act, and 19 CFR 351.205(c).

    Dated: August 16, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products within the scope of the investigation are tin mill 
flat-rolled products that are coated or plated with tin, chromium, 
or chromium oxides. Flat-rolled steel products coated with tin are 
known as tinplate. Flat-rolled steel products coated with chromium 
or chromium oxides are known as tin-free steel or electrolytic 
chromium-coated steel. The scope includes all the noted tin mill 
products regardless of thickness, width, form (in coils or cut 
sheets), coating type (electrolytic or otherwise), edge (trimmed, 
untrimmed or further processed, such as scroll cut), coating 
thickness, surface finish, temper, coating metal (tin, chromium, 
chromium oxide), reduction (single- or

[[Page 57101]]

double- reduced), and whether or not coated with a plastic material.
    All products that meet the written physical description are 
within the scope of the investigation unless specifically excluded. 
The following products are outside and/or specifically excluded from 
the scope of the investigation:
    <bullet> Single reduced electrolytically chromium coated steel 
with a thickness 0.238 mm (85 pound base box) (<plus-minus>10%) or 
0.251 mm (90 pound base box) (<plus-minus>10%) or 0.255 mm (<plus-
minus>10%) with 770 mm (minimum width) (<plus-minus>1.588 mm) by 900 
mm (maximum length if sheared) sheet size or 30.6875 inches (minimum 
width) (<plus-minus>\1/16\ inch) and 35.4 inches (maximum length if 
sheared) sheet size; with type MR or higher (per ASTM) A623 steel 
chemistry; batch annealed at T2 \1/2\ anneal temper, with a yield 
strength of 31 to 42 kpsi (214 to 290 Mpa); with a tensile strength 
of 43 to 58 kpsi (296 to 400 Mpa); with a chrome coating restricted 
to 32 to 150 mg/m\2\; with a chrome oxide coating restricted to 6 to 
25 mg/m\2\ with a modified 7B ground roll finish or blasted roll 
finish; with roughness average (Ra) 0.10 to 0.35 micrometers, 
measured with a stylus instrument with a stylus radius of 2 to 5 
microns, a trace length of 5.6 mm, and a cut-off of 0.8 mm, and the 
measurement traces shall be made perpendicular to the rolling 
direction; with an oil level of 0.17 to 0.37 grams/base box as type 
BSO, or 2.5 to 5.5 mg/m\2\ as type DOS, or 3.5 to 6.5 mg/m\2\ as 
type ATBC; with electrical conductivity of static probe voltage drop 
of 0.46 volts drop maximum, and with electrical conductivity 
degradation to 0.70 volts drop maximum after stoving (heating to 400 
degrees F for 100 minutes followed by a cool to room temperature).
    <bullet> Single reduced electrolytically chromium- or tin-coated 
steel in the gauges of 0.0040 inch nominal, 0.0045 inch nominal, 
0.0050 inch nominal, 0.0061 inch nominal (55 pound base box weight), 
0.0066 inch nominal (60 pound base box weight), and 0.0072 inch 
nominal (65 pound base box weight), regardless of width, temper, 
finish, coating or other properties.
    <bullet> Single reduced electrolytically chromium coated steel 
in the gauge of 0.024 inch, with widths of 27.0 inches or 31.5 
inches, and with T-1 temper properties.
    <bullet> Single reduced electrolytically chromium coated steel, 
with a chemical composition of 0.005% max carbon, 0.030% max 
silicon, 0.25% max manganese, 0.025% max phosphorous, 0.025% max 
sulfur 0.070% max aluminum, and the balance iron, with a metallic 
chromium layer of 70-130 mg/m\2\, with a chromium oxide layer of 5-
30 mg/m\2\, with a tensile strength of 260-440 N/mm\2\, with an 
elongation of 28-48%, with a hardness (HR-30T) of 40-58, with a 
surface roughness of 0.5-1.5 microns Ra, with magnetic properties of 
Bm (kg) 10.0 minimum, Br (kg) 8.0 minimum, Hc (Oe) 2.5-3.8, and MU 
1400 minimum, as measured with a Riken Denshi DC magnetic 
characteristic measuring machine, Model BHU-60.
    <bullet> Bright finish tin-coated sheet with a thickness equal 
to or exceeding 0.0299 inch, coated to thickness of \3/4\ pound 
(0.000045 inch) and 1 pound (0.00006 inch).
    <bullet> Electrolytically chromium coated steel having ultra 
flat shape defined as oil can maximum depth of 5/64 inch (2.0 mm) 
and edge wave maximum of 5/64 inch (2.0 mm) and no wave to penetrate 
more than 2.0 inches (51.0 mm) from the strip edge and coilset or 
curling requirements of average maximum of 5/64 inch (2.0 mm) (based 
on six readings, three across each cut edge of a 24 inches (61 cm) 
long sample with no single reading exceeding 4/32 inch (3.2 mm) and 
no more than two readings at 4/32 inch (3.2 mm)) and (for 85 pound 
base box item only: crossbuckle maximums of 0.001 inch (0.0025 mm) 
average having no reading above 0.005 inch (0.127 mm)), with a 
camber maximum of \1/4\ inch (6.3 mm) per 20 feet (6.1 meters), 
capable of being bent 120 degrees on a 0.002 inch radius without 
cracking, with a chromium coating weight of metallic chromium at 100 
mg/m\2\ and chromium oxide of 10 mg/m\2\, with a chemistry of 0.13% 
maximum carbon, 0.60% maximum manganese, 0.15% maximum silicon, 
0.20% maximum copper, 0.04% maximum phosphorous, 0.05% maximum 
sulfur, and 0.20% maximum aluminum, with a surface finish of Stone 
Finish 7C, with a DOS-A oil at an aim level of 2 mg/square meter, 
with not more than 15 inclusions/foreign matter in 15 feet (4.6 
meters) (with inclusions not to exceed \1/32\ inch (0.8 mm) in width 
and 3/64 inch (1.2 mm) in length), with thickness/temper 
combinations of either 60 pound base box (0.0066 inch) double 
reduced CADR8 temper in widths of 25.00 inches, 27.00 inches, 27.50 
inches, 28.00 inches, 28.25 inches, 28.50 inches, 29.50 inches, 
29.75 inches, 30.25 inches, 31.00 inches, 32.75 inches, 33.75 
inches, 35.75 inches, 36.25 inches, 39.00 inches, or 43.00 inches, 
or 85 pound base box (0.0094 inch) single reduced CAT4 temper in 
widths of 25.00 inches, 27.00 inches, 28.00 inches, 30.00 inches, 
33.00 inches, 33.75 inches, 35.75 inches, 36.25 inches, or 43.00 
inches, with width tolerance of \1/8\ inch, with a thickness 
tolerance of 0.0005 inch, with a maximum coil weight of 20,000 
pounds (9071.0 kg), with a minimum coil weight of 18,000 pounds 
(8164.8 kg), with a coil inside diameter of 16 inches (40.64 cm) 
with a steel core, with a coil maximum outside diameter of 59.5 
inches (151.13 cm), with a maximum of one weld (identified with a 
paper flag) per coil, with a surface free of scratches, holes, and 
rust.
    <bullet> Electrolytically tin coated steel having differential 
coating with 1.00 pound/base box equivalent on the heavy side, with 
varied coating equivalents in the lighter side (detailed below), 
with a continuous cast steel chemistry of type MR, with a surface 
finish of type 7B or 7C, with a surface passivation of 0.7 mg/square 
foot of chromium applied as a cathodic dichromate treatment, with 
coil form having restricted oil film weights of 0.3-0.4 grams/base 
box of type DOS-A oil, coil inside diameter ranging from 15.5 to 17 
inches, coil outside diameter of a maximum 64 inches, with a maximum 
coil weight of 25,000 pounds, and with temper/coating/dimension 
combinations of: (1) CAT4 temper, 1.00/.050 pound/base box coating, 
70 pound/base box (0.0077 inch) thickness, and 33.1875 inch ordered 
width; or (2) CAT5 temper, 1.00/0.50 pound/base box coating, 75 
pound/base box (0.0082 inch) thickness, and 34.9375 inch or 34.1875 
inch ordered width; or (3) CAT5 temper, 1.00/0.50 pound/base box 
coating, 107 pound/base box (0.0118 inch) thickness, and 30.5625 
inch or 35.5625 inch ordered width; or (4) CADR8 temper, 1.00/0.50 
pound/base box coating, 85 pound/base box (0.0093 inch) thickness, 
and 35.5625 inch ordered width; or (5) CADR8 temper, 1.00/0.25 
pound/base box coating, 60 pound/base box (0.0066 inch) thickness, 
and 35.9375 inch ordered width; or (6) CADR8 temper, 1.00/0.25 
pound/base box coating, 70 pound/base box (0.0077 inch) thickness, 
and 32.9375 inch, 33.125 inch, or 35.1875 inch ordered width.
    <bullet> Electrolytically tin coated steel having differential 
coating with 1.00 pound/base box equivalent on the heavy side, with 
varied coating equivalents on the lighter side (detailed below), 
with a continuous cast steel chemistry of type MR, with a surface 
finish of type 7B or 7C, with a surface passivation of 0.5 mg/square 
foot of chromium applied as a cathodic dichromate treatment, with 
ultra flat scroll cut sheet form, with CAT5 temper with 1.00/0.10 
pound/base box coating, with a lithograph logo printed in a uniform 
pattern on the 0.10 pound coating side with a clear protective coat, 
with both sides waxed to a level of 15-20 mg/216 sq. inch, with 
ordered dimension combinations of (1) 75 pound/base box (0.0082 
inch) thickness and 34.9375 inch x 31.748 inch scroll cut 
dimensions; or (2) 75 pound/base box (0.0082 inch) thickness and 
34.1875 inch x 29.076 inch scroll cut dimensions; or (3) 107 pound/
base box (0.0118 inch) thickness and 30.5625 inch x 34.125 inch 
scroll cut dimension.
    <bullet> Tin-free steel coated with a metallic chromium layer 
between 100-200 mg/m\2\ and a chromium oxide layer between 5-30 mg/
m\2\; chemical composition of 0.05% maximum carbon, 0.03% maximum 
silicon, 0.60% maximum manganese, 0.02% maximum phosphorous, and 
0.02% maximum sulfur; magnetic flux density (Br) of 10 kg minimum 
and a coercive force (Hc) of 3.8 Oe minimum.
    <bullet> Tin-free steel laminated on one or both sides of the 
surface with a polyester film, consisting of two layers (an 
amorphous layer and an outer crystal layer), that contains no more 
than the indicated amounts of the following environmental hormones: 
1 mg/kg BADGE (BisPhenol--A Di-glycidyl Ether), 1 mg/kg BFDGE 
(BisPhenol--F Di-glycidyl Ether), and 3 mg/kg BPA (BisPhenol--A).
    The merchandise subject to the investigation is currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS), under HTSUS subheadings 7210.11.0000, 7210.12.0000, 
7210.50.0020, 7210.50.0090, 7212.10.0000, and 7212.50.0000 if of 
non-alloy steel and under HTSUS subheadings 7225.99.0090, and 
7226.99.0180 if of alloy steel. Although the subheadings are 
provided for convenience and customs purposes, the written 
description of the scope of the investigation is dispositive.

[[Page 57102]]

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of Investigation
V. Selection of Respondents
VI. Discussion of the Methodology
VII. Adjustment Under Section 777A(f) of the Act
VIII. Adjustment to Cash Deposit Rate for Export Subsidies
IX. Preliminary Determination of Critical Circumstances
X. Recommendation

[FR Doc. 2023-18036 Filed 8-21-23; 8:45 am]
BILLING CODE 3510-DS-P