[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Notices]
[Pages 1524-1526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00324]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-421-816]


Tin Mill Products From the Netherlands: Final Negative 
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 Netherlands 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 January 1, 2022, through December 31, 2022.

DATES: Applicable January 10, 2024.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer, 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) 482-3860.

SUPPLEMENTARY INFORMATION:

Background

    On August 22, 2023, Commerce published in the Federal Register its 
preliminary determination in the LTFV investigation of tin mill 
products from the Netherlands, in which we also postponed the final 
determination until January 4, 2023.\1\ We invited interested parties 
to comment on the Preliminary Determination.\2\ We received comments on 
the Preliminary Determination from Cleveland-Cliffs Inc. (Cleveland 
Cliffs) and the United Steel, Paper and Forestry, Rubber, 
Manufacturing, Energy, Allied Industrial and Service Workers 
International Union (USW).\3\ On December 1, 2023, we received a 
rebuttal brief from Tata Steel IJmuiden BV (TSIJ).\4\
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    \1\ See Tin Mill Products from the Netherlands: Preliminary 
Negative Determination of Sales at Less Than Fair Value and 
Postponement of Final Determination, 88 FR 57096 (August 22, 2023) 
(Preliminary Determination), and accompanying Preliminary Decision 
Memorandum.
    \2\ See Preliminary Determination, 88 FR at 57097.
    \3\ See Cleveland-Cliffs' Letter, ``Case Brief Of Petitioner 
Cleveland-Cliffs Inc.,'' dated November 24, 2023; and USW's Letter, 
``Case Brief of Petitioner the United Steelworkers,'' dated November 
24, 2023.
    \4\ See TSIJ's Letter, ``Rebuttal Case Brief of Tata Steel 
IJmuiden BV,'' dated December 1, 2023.
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    For a complete description of the events that followed the 
Preliminary Determination, see the Issues and Decision Memorandum.\5\ 
The Issues and Decision Memorandum is a public document and is made 
available to the public via Enforcement and Compliance's Antidumping 
and Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://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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    \5\ See Memorandum, ``Decision Memorandum for the Final Negative 
Determination in the Less-Than-Fair-Value Investigation of Tin Mill 
Products from the Netherlands,'' 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 the Netherlands. 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.\6\

[[Page 1525]]

We received comments from parties on the Preliminary Scope Decision 
Memorandum, which we address in the Final Scope Decision Memorandum.\7\ 
We made no changes to the scope of the investigation from the scope 
published in the Preliminary Determination, as noted in Appendix I to 
this notice.
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    \6\ See Memorandum, ``Preliminary Scope Decision Memorandum,'' 
dated August 16, 2023 (Preliminary Scope Decision Memorandum).
    \7\ See Memorandum, ``Final Scope Decision Memorandum,'' dated 
concurrently with this memorandum (Final Scope Decision Memorandum).
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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(the Act), in September and October 2023, we conducted verifications of 
the sales and cost information submitted by TSIJ for use in our final 
determination. We used standard verification procedures, including an 
examination of relevant sales and accounting records, and original 
source documents provided by TSIJ.\8\
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    \8\ See Memorandum, ``Verification of the Sales Response of Tata 
Steel IJmuiden, B.V. in the Less-Than-Fair-Value Investigation of 
Tin Mill Products from the Netherlands,'' dated October 10, 2023; 
and Memorandum, ``Verification of the Cost Response of Tata Steel 
IJmuiden BV. in the Antidumping Duty Investigation of Tin Mill 
Products from the Netherlands,'' dated November 14, 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 as Appendix II to this notice.

Changes Since the Preliminary Determination

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

Final Determination

    The final estimated weighted-average dumping margin is as follows:

------------------------------------------------------------------------
                                                              Estimated
                                                              weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Tata Steel IJmuiden BV.....................................        0.00
------------------------------------------------------------------------

    Commerce determines that TSIJ, the only individually-examined 
respondent, has not made sales of subject merchandise at LTFV. 
Accordingly, Commerce has not calculated an estimated weighted-average 
dumping margin for all other producers and exporters pursuant to 
sections 735(c)(1)(B) and (c)(5) of the Act, because it has not made an 
affirmative determination of sales at LTFV.

Disclosure

    We intend to disclose the calculations performed in this final 
determination within five days of the date of publication of this 
notice to parties in this proceeding in accordance with 19 CFR 
351.224(b).

Suspension of Liquidation

    In the Preliminary Determination, we calculated an estimated 
weighted-average dumping margin for TSIJ that was zero percent, and, 
therefore, we did not suspend liquidation of entries of tin mill 
products from the Netherlands.\9\ Because Commerce has now 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 the 
Netherlands.
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    \9\ See Preliminary Determination, 88 FR at 57097.
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U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we will notify the 
International Trade Commission of this final negative determination of 
sales at 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 the final reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the destruction 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 the terms of an APO is a violation 
which is subject to sanction.

Notification to Interested Parties

    This determination and this notice are issued and published 
pursuant to 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:
    <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

[[Page 1526]]

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. Discussion of the Issues
    Comment 1: Whether Commerce Should Apply Total Adverse Facts 
Available (AFA) to TSIJ
    Comment 2: Whether Commerce Can Use TSIJ's Home Market Sales to 
Calculate Normal Value
    Comment 3: Whether Commerce Should Apply AFA for TSIJ's Alleged 
Failure to Report Product-Specific Costs
    Comment 4: Whether Commerce Should Apply AFA for TSIJ's Alleged 
Failure to Substantiate Operating Costs Attributable to Subject 
Merchandise
    Comment 5: Whether Commerce Should Use the Market Prices 
Provided by the Petitioners for Coal in Its Affiliated Input 
Analysis
VII. Recommendation

[FR Doc. 2024-00324 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P