[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1529-1532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00322]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-851]


Tin Mill Products From Germany: Final Affirmative Determination 
of Sales at Less Than Fair Value and Final Negative Determination of 
Critical Circumstances

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
imports of tin mill products from Germany are being, or are likely to 
be, sold in the United States at less than fair value (LTFV). The 
period of investigation is January 1, 2022, through December 31, 2022.

DATES: Applicable January 10, 2024.

FOR FURTHER INFORMATION CONTACT: George McMahon or Carolyn Adie, 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) 482-1167 and (202) 482-6250, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 22, 2023, Commerce published in the Federal Register its 
preliminary affirmative determination in the LTFV investigation of tin 
mill products from Germany, in which it also postponed the final 
determination until January 4, 2024.\1\ We invited interested parties 
to comment on the Preliminary Determination.
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    \1\ See Tin Mill Products from Germany: Preliminary Affirmative 
Determination of Sales at Less Than Fair Value, Preliminary Negative 
Critical Circumstances Determination, Postponement of Final 
Determination, and Extension of Provisional Measures, 88 FR 57078 
(August 22, 2023) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.
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    A summary of the events that occurred since Commerce published the 
Preliminary Determination, as well as a full discussion of the issues 
raised by parties for this final determination, may be found in the 
Issues and Decision Memorandum.\2\ The Issues and 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 Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Affirmative Determination of Sales at Less Than Fair Value and 
Final Negative Determination of Critical Circumstances in the 
Investigation of Tin Mill Products from Germany,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Investigation

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

Scope Comments

    During the course of this investigation, Commerce received scope 
comments from parties. Commerce issued a Preliminary Scope Decision 
Memorandum to address these comments and set aside a period of time for 
parties to address scope issues in scope-specific case and rebuttal 
briefs.\3\ We received comments from parties on the Preliminary Scope 
Decision Memorandum, which we address in the Final Scope Decision 
Memorandum.\4\ We did not make any changes to the scope of the 
investigation from the scope published in the Preliminary 
Determination, as noted in Appendix I.
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    \3\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated August 16, 2023 (Preliminary Scope Decision Memorandum).
    \4\ See Memorandum, ``Final Scope Decision Memorandum,'' dated 
concurrently with this memorandum (Final Scope Decision Memorandum).
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Verification

    Commerce verified the information relied upon in making its final 
determination in this investigation, consistent with section 782(i) of 
the Tariff Act of 1930, as amended (the Act). Specifically, Commerce 
conducted on-site verifications of the information and data on home 
market sales, U.S. sales, and cost of production submitted by 
thyssenkrupp Rasselstein GmbH (TKR).\5\
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    \5\ See Memoranda, ``Verification of the Sales Response of 
thyssenkrupp Rasselstein GmbH,'' dated October 26, 2023; 
``Verification of the Sales Response of thyssenkrupp Steel North 
America Inc.,'' dated October 30, 2023; and ``Verification of the 
Cost Response of thyssenkrupp Rasselstein GmbH,'' dated November 2, 
2023.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs submitted by 
interested parties in this investigation are addressed in the Issues 
and Decision Memorandum. A list of the issues addressed in the Issues 
and Decision Memorandum is attached to this notice as Appendix II.

[[Page 1530]]

Changes Since the Preliminary Determination

    We made certain changes to the margin calculation for TKR since the 
Preliminary Determination. For a discussion of these changes, see the 
Issues and Decision Memorandum.

All-Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated 
weighted-average dumping margin for all other producers and exporters 
not individually investigated shall be equal to the weighted average of 
the estimated weighted-average dumping margins established for 
individually investigated exporters and producers, excluding rates that 
are zero, de minimis, or determined entirely under section 776 of the 
Act, i.e., facts otherwise available.
    In this investigation, Commerce calculated an individual estimated 
weighted-average dumping margin for the sole mandatory respondent, TKR, 
that is not zero, de minimis, or based entirely on facts otherwise 
available. Consequently, Commerce assigned the estimated weighted-
average dumping margin calculated for TKR to all other producers and 
exporters of the merchandise under consideration, pursuant to section 
735(c)(5)(A) of the Act.

Final Negative Determination of Critical Circumstances

    In accordance with section 735(a)(3) of the Act and 19 CFR 351.206, 
Commerce continues to find that critical circumstances do not exist for 
all companies in Germany. For a full description of the methodology and 
results of Commerce's critical circumstances analysis, see the Issues 
and Decision Memorandum.\6\
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    \6\ See Issues and Decision Memorandum at 4.
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Final Determination

    Commerce determines that the following estimated weighted-average 
dumping margins exist:

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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thyssenkrupp Rasselstein GmbH...............................        6.88
All Others..................................................        6.88
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with this final determination to interested parties within 
five days of any 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).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, Commerce will 
instruct U.S. Customs and Border Protection (CBP) to continue to 
suspend liquidation of all entries of subject merchandise, as described 
in Appendix I of this notice, which were entered, or withdrawn from 
warehouse, for consumption on or after August 22, 2023, the date of 
publication of the Preliminary Determination in the Federal Register. 
These suspension of liquidation instructions will remain in effect 
until further notice.
    Pursuant to section 735(c)(1)(B)(ii) of the Act and 19 CFR 
351.210(d), upon the publication of this notice, we will instruct CBP 
to require a cash deposit for estimated antidumping duties for such 
entries as follows: (1) the cash deposit rate for the respondent listed 
in the table above is the company-specific estimated weighted-average 
dumping margin listed for the respondent in the table; (2) if the 
exporter is not the respondent listed in the table above, but the 
producer is, then the cash deposit rate is the company-specific 
estimated weighted-average dumping margin listed for the producer of 
the subject merchandise in the table above; and (3) the cash deposit 
rate for all other producers and exporters is the all-others estimated 
weighted-average dumping margin listed in the table above.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission (ITC) of its final affirmative 
determination of sales at LTFV. Because Commerce's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will make its final determination as to whether the domestic 
industry in the United States is materially injured, or threatened with 
material injury, by reason of imports or sales (or the likelihood of 
sales) for importation of tin mill products no later than 45 days after 
this final determination. If the ITC determines that such injury does 
not exist, this proceeding will be terminated, all cash deposits posted 
will be refunded, and suspension of liquidation will be lifted. If the 
ITC determines that such injury does exist, Commerce will issue an 
antidumping duty order directing CBP to assess, upon further 
instruction by Commerce, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed in the ``Continuation of Suspension of 
Liquidation'' section above.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This final determination is issued and published in accordance with 
sections 735(d) and 777(i) of the Act and 19 CFR 351.210(c).

    Dated: January 4, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products within the scope of this 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 double-reduced), and whether 
or not coated with a plastic material.
    All products that meet the written physical description are 
within the scope of this investigation unless specifically excluded. 
The following products are outside and/or specifically excluded from 
the scope of this 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

[[Page 1531]]

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 this 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.

Appendix II

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Changes Since the Preliminary Determination
VI. Final Negative Determination of Critical Circumstances
VII. Discussion of the Issues
    Comment 1: Verification and Adverse Facts Available (AFA)
    Comment 2: U.S. Billing Adjustment
    Comment 3: Salvage Sales
    Comment 4: Major Input Cost Adjustment
    Comment 5: Application of the Cohen's d Test
    Comment 6: Denominator of the Cohen's d Test

[[Page 1532]]

    Comment 7: Differential Pricing Analysis Is World Trade 
Organization (WTO) Inconsistent
    Comment 8: The Domestic Tin Mill Industry
VIII. Recommendation

[FR Doc. 2024-00322 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P