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[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1526-1529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00326]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-870]

Tin Mill Products From Taiwan: Final Negative 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 tin 
mill products from Taiwan are not being, or are not likely to be, sold 
in the United States at less than fair value (LTFV) for the period of 
investigation

[[Page 1527]]

(POI) January 1, 2022, through December 31, 2022.

DATES: Applicable January 10, 2024.

FOR FURTHER INFORMATION CONTACT: Jacob Saude, AD/CVD Operations, Office 
VII, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-0981.

SUPPLEMENTARY INFORMATION:

Background

    On August 22, 2023, Commerce published in the Federal Register the 
preliminary determination in the LTFV investigation of tin mill 
products from Taiwan, in which it also postponed the final 
determination until January 4, 2024.\1\ Commerce invited interested 
parties to submit case and rebuttal briefs on the Preliminary 
Determination.\2\
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    \1\ See Tin Mill Products from the United Kingdom: Preliminary 
Negative Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 88 FR 57090 (August 22, 2023) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
    \2\ Id., 88 FR at 57091.
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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.\3\ 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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    \3\ See Memorandum, ``Decision Memorandum for the Final Negative 
Determination of Sales at Less Than Fair Value and Final Negative 
Determination of Critical Circumstances in the Investigation of Tin 
Mill Products from Taiwan,'' 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 Taiwan. 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.\4\ We received comments from parties on the Preliminary Scope 
Decision Memorandum, which we address in the Final Scope Decision 
Memorandum.\5\ 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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    \4\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated August 16, 2023 (Preliminary Scope Decision Memorandum).
    \5\ See Memorandum, ``Final Scope Decision Memorandum,'' dated 
concurrently with this memorandum (Final Scope Decision Memorandum).
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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.

Verification

    Commerce conducted verification of the information relied upon in 
making its final determination in this investigation, in accordance 
with section 782(i) of the Tariff Act of 1930, as amended (the Act). 
Specifically, Commerce conducted on-site verifications of the home 
market sales, U.S. sales, and cost of production responses submitted by 
Ton Yi Industrial Corporation (Ton Yi).\6\
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    \6\ See Memoranda, ``Verification of the Cost Response of Ton Yi 
Industrial Corporation in the Antidumping Duty Investigation of Tin 
Mill Products from Taiwan,'' dated October 24, 2023; and 
``Verification of the Sales Response of Ton Yi Industrial 
Corporation in the Antidumping Duty Investigation of Tin Mill 
Products from Taiwan,'' dated November 20, 2023.
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Changes Since the Preliminary Determination

    During the on-site verification, Ton Yi presented minor corrections 
to its U.S. sales database.\7\ We accepted these minor corrections and 
included these changes in the margin calculations for the final 
determination.\8\ These minor corrections did not result in a change to 
the estimated weighted-average dumping margin calculated for Ton Yi 
from the Preliminary Determination.
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    \7\ See Ton Yi's Letter, ``Sales Verification Minor 
Corrections,'' dated October 24, 2023.
    \8\ For a discussion of the minor verification corrections 
accepted for the final determination, see memorandum, ``Final 
Determination Calculation Memorandum for Ton Yi,'' dated 
concurrently with this notice.
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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 
Ton Yi. For a full description of the methodology and results of 
Commerce's critical circumstances analysis, see the Issues and Decision 
Memorandum.\9\
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    \9\ See Issues and Decision Memorandum at 2-3.
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Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Ton Yi Industrial Corporation...............................        0.00
------------------------------------------------------------------------

    Consistent with sections 735(c)(1)(B) and (c)(5) of the Act, 
Commerce has not calculated an estimated weighted-average dumping 
margin for all other producers and exporters because it has not made an 
affirmative final determination of sales at LTFV.

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).

Suspension of Liquidation

    In the Preliminary Determination, the estimated weighted-average 
dumping margin for Ton Yi was zero percent and, therefore, we did not 
suspend liquidation of entries of tin mill products from Taiwan.\10\ 
Because Commerce has made a final negative determination of sales at 
LTFV with regard to the subject merchandise, Commerce will not direct 
U.S. Customs and Border Protection to suspend liquidation or to require 
a cash deposit of estimated antidumping duties for entries of tin mill 
products from Taiwan.
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    \10\ See Preliminary Determination, 88 FR 57091.
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U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, Commerce will notify 
the U.S. International Trade Commission of its final negative 
determination of sales at

[[Page 1528]]

LTFV. As our final determination is negative, this proceeding is 
terminated in accordance with section 735(c)(2) of the Act.

Administrative Protective Order

    This notice will serve as a reminder to the 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 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 determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) 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:
     Single reduced electrolytically chromium coated steel 
with a thickness 0.238 mm (85 pound base box) ( 10%) or 
0.251 mm (90 pound base box) ( 10%) or 0.255 mm ( 10%) with 770 mm (minimum width) ( 1.588 mm) by 
900 mm (maximum length if sheared) sheet size or 30.6875 inches 
(minimum width) ( 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/m2; with a chrome oxide coating 
restricted to 6 to 25 mg/m2 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 cutoff 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/m2 as type DOS, or 3.5 to 6.5 mg/m2 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).
     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.
     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.
     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/m2, with a chromium oxide layer of 5-30 
mg/m2, with a tensile strength of 260-440 N/mm2, 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.
     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).
     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/m2 and chromium oxide of 10 mg/m2, 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.
     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.
     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

[[Page 1529]]

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.
     Tin-free steel coated with a metallic chromium layer 
between 100-200 mg/m2 and a chromium oxide layer between 5-30 mg/m2; 
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.
     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: Ocean Freight and Marine Insurance Revenue
    Comment 2: Per-Unit Cost of Production Based on Theoretical 
Weight or Actual Weight
    Comment 3: Scrap Offset Adjustment
    Comment 4: Cost of Goods Sold (COGS) Adjustment
    Comment 5: Application of Adverse Facts Available (AFA)
VIII. Recommendation

[FR Doc. 2024-00326 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P
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