[Federal Register Volume 87, Number 64 (Monday, April 4, 2022)]
[Notices]
[Pages 19484-19485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07002]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-504]


Heavy Iron Construction Castings From Brazil: Final Results of 
the Expedited Fifth Sunset Review of the Countervailing Duty Order

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

SUMMARY: As a result of this expedited sunset review, the Department of 
Commerce (Commerce) finds that revocation of the countervailing duty 
order (CVD) on heavy iron construction castings (iron castings) from 
Brazil would be likely to lead to continuation or recurrence of 
countervailable subsidies at the levels as indicated in the ``Final 
Results of Sunset Review'' section of this notice.

DATES: Applicable April 4, 2022.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-8362.

SUPPLEMENTARY INFORMATION:

Background

    On May 15, 1986, Commerce published in Federal Register the CVD 
order on iron castings from Brazil.\1\ On December 1, 2021, Commerce 
published the notice of initiation of the expedited fifth sunset review 
of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ On December 16, 2021, Commerce received a notice 
of intent to participate from D&L Foundry, Inc., EJ USA, Inc., Neenah 
Foundry Company, and U.S. Foundry & Manufacturing Corporation 
(collectively, ``domestic interested parties''), within the deadline 
specified in 19 CFR 351.218(d)(1)(i).\3\ Each of these companies 
claimed interested party status under section 771(9)(C) of the Act, as 
a domestic producer of the domestic like product.\4\ On December 30, 
2021, Commerce received a substantive response and notice of intent to 
participate from the Government of Brazil (GBR) within the deadline 
specified in 19 CFR 351.218(d)(3)(i).\5\
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    \1\ See Countervailing Duty Order; Certain Heavy Iron 
Construction Casting from Brazil, 51 FR 17786 (May 15, 1986) 
(Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 68220 
(December 1, 2021) (Initiation Notice).
    \3\ See Petitioners' Letter, ``Five Year (``Sunset'') Review of 
the Countervailing Duty Order on Heavy Iron Construction Castings 
from Brazil--Domestic Interested Parties' Notice of Intent to 
Participate,'' dated December 16, 2021.
    \4\ Id. at 3.
    \5\ See GBR's Letter, ``Iron Construction Castings. Sunset 
Review. Initial Comments,'' dated December 30, 2021.
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    On December 31, 2021, Commerce also received a substantive response 
to the Notice of Initiation from the domestic interested parties within 
the deadline specified in 19 CFR 351.218(d)(3)(i).\6\ Commerce did not 
receive any substantive response from a producer or exporter of subject 
merchandise in Brazil. On January 10, 2022, the domestic interested 
parties filed rebuttal comments in response to the GBR's substantive 
response.\7\ On January 20, 2022, Commerce notified the U.S. 
International Trade Commission that it did not receive a substantive 
response from respondent interested parties.\8\ As a result, Commerce 
has conducted an expedited (120-day) sunset review of the Order, 
pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2).
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    \6\ See Petitioners' Letter, ``Five Year (`Sunset') Review of 
the Countervailing Duty Order on Heavy Iron Construction Castings 
from Brazil--Domestic Interested Parties' Substantive Response,'' 
dated December 31, 2021.
    \7\ See Petitioners' Letter, ``Five Year (`Sunset') Review of 
the Countervailing Duty Order on Heavy Iron Construction Castings 
from Brazil--Domestic Interested Parties' Comments in Rebuttal to 
the Government of Brazil's Substantive Response,'' dated January 10, 
2022.
    \8\ See Commerce's Letter, ``Sunset Reviews Initiated on 
December 1, 2021,'' dated January 20, 2022.
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Scope of the Order <SUP>9</SUP>
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    \9\ The scope language contained in prior sunset proceedings for 
the Order has varied. For clarity, Commerce intends to use the scope 
listed above in all future proceedings involving the Order.
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    The products covered by the Order are certain heavy iron 
construction castings from Brazil, limited to manhole covers, rings, 
and frames, catch basin grates and frames, cleanout covers and frames 
used for drainage or access purposes for public utility, water and 
sanitary systems, classifiable as heavy castings under Harmonized 
Tariff Schedule (HTS) item numbers 7325.10.0010, 7325.10.0020, and 
7325.10.0025. Subject merchandise may also enter under 7325.99.1000. 
The HTS item numbers are provided for convenience and Customs purposes 
only. The written description remains dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review, 
including the likelihood of continuation or recurrence of subsidization 
in the event of revocation of the Order and the countervailable subsidy 
rates likely to prevail if the Order were to be revoked, is provided in 
the Issues and Decision Memorandum.\10\ A list of the topics discussed 
in the Issues and Decision Memorandum is attached as an appendix to 
this notice. 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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    \10\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Fifth Sunset Review of the 
Countervailing Duty Order on Heavy Iron Construction Castings from 
Brazil,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Final Results of Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine 
that revocation of the Order would be likely to lead to continuation or 
recurrence of a countervailable subsidy at the rate listed below:

 
------------------------------------------------------------------------
             Exporter/producer                 Subsidy rate (percent)
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Country-Wide Rate.........................  1.06 Ad Valorem.
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Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305, which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/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

    Commerce is issuing and publishing these final results and this 
notice in

[[Page 19485]]

accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 
19 CFR 351.218.

    Dated: March 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Issues and Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rate Likely to Prevail
    3. Nature of the Subsidy
VII. Final Results of Review
VIII. Recommendation

[FR Doc. 2022-07002 Filed 4-1-22; 8:45 am]
BILLING CODE 3510-DS-P