[Federal Register Volume 88, Number 185 (Tuesday, September 26, 2023)]
[Notices]
[Page 66052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20817]


-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-860 (Final)]


Tin- and Chromium-Coated Steel Sheet From Japan; Denial of 
Request To Institute a Section 751(b) Review Concerning the 
Commission's Affirmative Determination

AGENCY: United States International Trade Commission.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice that it has declined to 
institute a review pursuant to section 751(b) of the Tariff Act of 
1930.

DATES: September 19, 2023.

FOR FURTHER INFORMATION CONTACT: Alejandro Orozco (202-205-3177), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW, Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record for this 
matter may be viewed on the Commission's electronic docket (EDIS) at 
http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: 
    Background.--In August 2000, the Commission determined that a U.S. 
industry was materially injured by reason of imports of tin- and 
chromium-coated steel sheet (``TCCSS'') from Japan found by the U.S. 
Department of Commerce (Commerce) to be sold in the United States at 
less than fair value. Tin- and Chromium-Coated Steel Sheet from Japan, 
Inv. No. 731-TA-860 (Final), USITC Pub. 3337 (August 2000). The 
Commission's affirmative determination was the subject of several 
appeals and three remand proceedings. Ultimately, in accordance with 
the Federal Circuit's mandate, the U.S. Court of International Trade 
(CIT) affirmed the Commission's second remand determination and thus 
reinstated the Commission's affirmative material injury determination. 
See Nippon Steel Corporation, et al. v. United States, 31 CIT 1588, 433 
F. Supp. 2d 1336 (Ct. Int'l Trade 2007).
    In the first, second, and third full five-year reviews, the 
Commission found that revocation of the antidumping duty order on TCCSS 
from Japan would be likely to lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. Tin- and Chromium-Coated Steel Sheet from Japan, Inv. 
No. 731-TA-860 (Review), USITC Pub. 3860 (June 2006); Tin- and 
Chromium-Coated Steel Sheet from Japan, Inv. No. 731-TA-860 (Second 
Review), USITC Pub. 4325 (May 2012); Tin- and Chromium-Coated Steel 
Sheet from Japan, Inv. No. 731-TA-860 (Third Review), USITC Pub. 4795 
(June 2018).
    On August 5, 2022, a request for a changed circumstances review of 
the Commission's affirmative determination regarding TCCSS from Japan 
was filed by the Can Manufacturers Institute (``CMI''), Silgan 
Containers, LLC (``Silgan''), Sonoco Product Company (``Sonoco''), 
Trivium Packaging USA Inc. (``Trivium''), Crown Holdings, Inc. 
(``Crown''), and Nippon Steel Corporation (``NSC'') (collectively, 
``CMI''). CMI's request alleges that there have been significant 
changed circumstances since the Commission's affirmative determination 
in the third five-year review. Specifically, CMI claims that there has 
been a dramatic reduction in the domestic industry's production 
capacity for TCCSS since 2018. CMI further contends that subject 
producers in Japan have reduced their TCCSS capacity since the last 
reviews and no longer possess excess capacity.
    On October 28, 2022, the Commission published a Federal Register 
notice inviting comments from the public on whether changed 
circumstances exist sufficient to warrant the institution of a changed 
circumstances review (87 FR 65248, Oct. 28, 2022). Comments in response 
to this notice were filed on December 15, 2022. The Commission received 
separate submissions opposing the institution of a changed 
circumstances review filed on behalf of Cleveland-Cliffs Inc. and U.S. 
Steel Corporation. The Commission also received separate submissions in 
favor of instituting a changed circumstances review on behalf of The 
Consumer Brands Association (``CBA''), the Steel Tinplate Against 
Tariffs Coalition (``STAT''), and U.S. Representative Claudia Tenney. 
U.S. Representatives Salud Carbajal, Jim Costa, Mark DeSaulnier, and 
John Garamendi filed joint comments in support of initiating a changed 
circumstances review.
    On January 15, 2023, the Commission voted unanimously to waive its 
45-day rule for determining whether to institute a changed 
circumstances review.
    On June 1, 2023, Commerce initiated, and the Commission instituted, 
the fourth five-year sunset review of the antidumping duty order on 
TCCSS from Japan. 88 FR 35832; 88 FR 35920. On September 5, 2023, the 
Commission voted unanimously to conduct a full review of the 
antidumping duty order on TCCSS from Japan. 88 FR 64464 (Sept. 19, 
2023).
    On September 19, 2023, the Commission determined not to institute a 
changed circumstances review of the antidumping duty order on TCCSS 
from Japan. The Commission found that conducting a changed 
circumstances review was unwarranted because it would be duplicative of 
the pending full five-year review. See Eveready Battery Co. Inc., v. 
United States, 77 F. Supp. 2d 1327, 1334 (Ct. Int'l Trade, Nov. 23, 
1999) (finding that a request for a changed circumstances review was 
rendered moot by the Commission's institution of a full five-year 
review); see also Diamond Sawblades and Parts Thereof from China, 79 FR 
35568-69 (June 23, 2014) (denying request for changed circumstances 
review because it would be duplicative of the ongoing full five-year 
review).
    Authority: This notice is published pursuant to section 207.45 of 
the Commission's Rules of Practice and Procedure.

    By order of the Commission.
    Issued: September 20, 2023.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2023-20817 Filed 9-25-23; 8:45 am]
BILLING CODE 7020-02-P