[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1545-1548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00323]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-915]


Tin Mill Products From the Republic of Korea: Final 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) determines that tin 
mill products from the Republic of Korea (Korea) are being, or are 
likely to be, sold in the United States at less than fair value (LTFV) 
for the period of investigation (POI) January 1, 2022, through December 
31, 2022.

DATES: Applicable January 10, 2024.

FOR FURTHER INFORMATION CONTACT: Fred Baker or Preston Cox, 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) 482-2924 or (202) 482-5041, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 22, 2023, Commerce published in the Federal Register its 
preliminary negative determination in the LTFV investigation of tin 
mill products from Korea, in which we also postponed the final 
determination until January 4, 2023.\1\ We invited interested parties 
to comment on the Preliminary Determination.\2\ No interested party 
submitted comments. Consequently, no decision memorandum accompanies 
this notice.
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    \1\ See Tin Mill Products from the Republic of Korea: 
Preliminary Negative Determination of Sales at Less Than Fair Value 
and Postponement of Final Determination, 88 FR 57093 (August 22, 
2023) (Preliminary Determination), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Preliminary Determination, 88 FR at 57094.
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Scope of the Investigation

    The products covered by this investigation are tin mill products 
from Korea. For a complete description of the scope of this 
investigation, see the appendix to this notice.

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 this 
investigation from the scope published in the Preliminary 
Determination, as noted in the appendix to this notice.
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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 sales and cost information submitted by KG 
Dongbu Steel Co., Ltd. (KG Dongbu) and TCC Steel Corp. (TCC) for use in 
our final determination, consistent with section 782(i) of the Tariff 
Act of 1930, as amended (the Act). We used standard verification 
procedures, including an examination of relevant sales and accounting 
records, and original source documents provided by KG Dongbu and 
TCC.\5\
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    \5\ See Memoranda, ``Verification of the Cost Response of TCC 
Steel Corp.,'' dated November 6, 2023; ``Verification of the Cost 
Response of KG Dongbu Steel Co., Ltd.,'' dated November 28, 2023 (KG 
Dongbu Cost Verification Report); ``Sales Verification Report for KG 
Dongbu Steel Co., Ltd.,'' dated December 4, 2023 (KG Dongbu Sales 
Verification Report); ``Constructed Export Price Sales Verification 
Report for KG Steel USA,'' dated December 4, 2023 (KG Steel USA 
Sales Verification Report); ``Verification of the Sales Response of 
TCC Steel Corp.'' dated December 4, 2023 (TCC Sales Verification 
Report); and ``Verification of the Sales Response of TCC America 
Corporation,'' dated December 5, 2023 (TAC Sales Verification 
Report).
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Changes Since the Preliminary Determination

    We made certain changes to the preliminary weighted-average margin

[[Page 1546]]

calculations for KG Dongbu and TCC to incorporate the minor corrections 
submitted by each company at verification.\6\ For KG Dongbu, this 
resulted in no change to the company's preliminary weighted-average 
dumping margin (i.e., 0.00 percent).\7\ For TCC, this resulted in a 
change to the company's weighted-average dumping margin; for this final 
determination, we calculate a weighted-average dumping margin of 2.69 
percent. \8\
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    \6\ See KG Dongbu Cost Verification Report at 2; see also KG 
Dongbu Sales Verification Report at 2-3; KG Steel USA Sales 
Verification Report at 2-3; TCC Sales Verification Report at 2-3; 
and TAC Sales Verification Report at 2-3.
    \7\ See Memorandum, ``Final Determination Analysis Memorandum 
for KG Dongbu Steel Co., Ltd.,'' dated concurrently with this 
notice.
    \8\ See Memorandum, ``Final Analysis Memorandum for TCC Steel 
Corp.,'' dated concurrently with this notice (TCC Final Analysis 
Memorandum).
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    We revised the sales data reported by TCC to incorporate the 
corrections provided by the company at verification.\9\ Based on the 
revised data, the application of the Cohen's d confirms the existence 
of a pattern of prices that differ significantly among purchasers, 
regions, or time periods.\10\ This difference is meaningful because the 
weighted-average dumping margin crosses the de minimis threshold when 
calculated using the average-to-average method and when calculated 
using alternative comparison methods.\11\ Further, in accordance with 
Commerce's practice, if the value of sales to purchasers, regions, and 
time periods that pass the Cohen's d test accounts for more than 33 
percent and less than 66 percent of the value of total sales, then the 
results support applying an average-to-transaction method to those 
sales identified as passing the Cohen's d test as an alternative to the 
average-to-average method and application of the average-to-average 
method to those sales identified as not passing the Cohen's d test.\12\ 
On this basis, for purposes of this final determination, we are 
applying the average-to-transaction method to those U.S. sales which 
passed the Cohen's d test and the average-to-average method to those 
sales which did not pass the Cohen's d test to calculate the weighted-
average dumping margin for TCC (i.e., mixed-alternative method). This 
change from the Preliminary Determination \13\ results in an estimated 
weighted-average dumping margin for TCC of 2.69 percent for this final 
determination.\14\
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    \9\ TCC Sales Verification Report at 2-3.
    \10\ Id.
    \11\ Id.
    \12\ See Preliminary Determination PDM at 6.
    \13\ Id. at 7; see also Memorandum, ``Preliminary Analysis 
Memorandum for TCC Steel Corp.,'' dated August 16, 2023, at 3; and 
``Analysis of Ministerial Error Allegation for TCC Steel Corp.,'' 
dated September 22, 2023, at Attachment II.
    \14\ See TCC Final Analysis Memorandum.
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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 TCC that is not zero, de minimis, 
or based entirely on facts otherwise available. Consequently, Commerce 
assigned the estimated weighted-average dumping margin calculated for 
TCC to all other producers and exporters of the merchandise under 
consideration, pursuant to section 735(c)(5)(A) of the Act.

Final Determination

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

------------------------------------------------------------------------
                                                               Estimated
                                                               weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
KG Dongbu Steel Co., Ltd....................................        0.00
TCC Steel Corp..............................................        2.69
All Others..................................................        2.69
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with this final determination 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 accordance with section 733(d)(2) of the Act, Commerce will 
direct U.S. Customs and Border Protection (CBP) to suspend liquidation 
of all entries of tin mill products from Korea as described in the 
appendix, entered, or withdrawn from warehouse, for consumption on or 
after the date of publication of this notice in the Federal Register, 
except for those entries of subject merchandise produced and exported 
by KG Dongbu.
    Because the estimated weighted-average dumping margin for KG Dongbu 
as the producer and exporter is zero, entries of shipments of subject 
merchandise that are produced and exported by KG Dongbu will not be 
subject to suspension of liquidation or cash deposit requirements. 
Accordingly, Commerce will direct CBP not to suspend liquidation of 
entries of subject merchandise produced and exported by KG Dongbu. In 
accordance with section 735(a)(4) of the Act and 19 CFR 351.204(e)(1), 
should the investigation result in an antidumping duty order pursuant 
to section 736 of the Act, entries of shipments of subject merchandise 
from this producer/exporter combination will be excluded from the 
order. However, entries of shipments of subject merchandise from this 
company in any other producer/exporter combination, or by third parties 
that sourced subject merchandise from the excluded producer/exporter 
combination, will be subject to suspension of liquidation at the all-
others rate.
    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 estimated weighted-average dumping margin or the estimated all-
others rate, as follows: (1) the cash deposit rate for the respondents 
listed in the table above is the company-specific cash deposit rate 
listed for the respondent in the table; (2) if the exporter is not a 
respondent identified in the table above, but the producer is, then the 
cash deposit rate will be equal to the company-specific estimated 
weighted-average dumping margin established for that producer of the 
subject merchandise; and (3) the cash deposit rate for all other 
producers and exporters will be equal to the all-others estimated 
weighted-average dumping margin.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
U.S. International Trade Commission (ITC) of this 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

[[Page 1547]]

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 return or destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to 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

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 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

[[Page 1548]]

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.

[FR Doc. 2024-00323 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P