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[Federal Register Volume 90, Number 26 (Monday, February 10, 2025)]
[Notices]
[Pages 9235-9238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02380]

[[Page 9235]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[C-552-844]

Certain Corrosion-Resistant Steel Products From the Socialist 
Republic of Vietnam: Preliminary Affirmative Countervailing Duty 
Determination, and Alignment of Final Determination With Antidumping 
Duty Determination

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that countervailable subsidies are being provided to 
producers and exporters of certain corrosion-resistant steel products 
(CORE) from the Socialist Republic of Vietnam (Vietnam) during the 
period of investigation, January 1, 2023, through December 31, 2023. 
Interested parties are invited to comment on this preliminary 
determination.

DATES: Applicable February 10, 2025.

FOR FURTHER INFORMATION CONTACT: Ted Pearson and Mary Kolberg, AD/CVD 
Operations, Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2631 and (202) 482-1785, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This preliminary determination is made in accordance with section 
703(b) of the Tariff Act of 1930, as amended (the Act). On October 2, 
2024, Commerce published the notice of initiation of this 
countervailing duty (CVD) investigation.\1\ On November 14, 2024, 
Commerce postponed the preliminary determination until February 3, 
2025.\2\
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    \1\ See Certain Corrosion-Resistant Steel Products from Brazil, 
Canada, Mexico, and the Socialist Republic of Vietnam: Initiation of 
Countervailing Duty Investigations, 89 FR 80204 (October 2, 2024) 
(Initiation Notice).
    \2\ See Certain Corrosion-Resistant Steel Products from Brazil, 
Canada, Mexico, and the Socialist Republic of Vietnam: Postponement 
of Preliminary Determinations in the Countervailing Duty 
Investigations, 89 FR 89955 (November 14, 2024).
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    For a complete description of the events that followed the 
initiation of this investigation, see the Preliminary Decision 
Memorandum.\3\ A list of topics discussed in the Preliminary Decision 
Memorandum is included as Appendix II to this notice. The Preliminary 
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 Preliminary 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 Preliminary 
Affirmative Determination of the Countervailing Duty Investigation 
of Certain Corrosion-Resistant Steel Products from the Socialist 
Republic of Vietnam,'' dated concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
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Scope of the Investigation

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

Scope Comments

    In accordance with the Preamble to Commerce's regulations,\4\ the 
Initiation Notice set aside a period of time for parties to raise 
issues regarding product coverage (i.e., scope).\5\ Certain interested 
parties commented on the scope of the investigation as it appeared in 
the Initiation Notice. Commerce intends to issue its preliminary 
decision regarding comments concerning the scope of the less-than-fair-
value (LTFV) and CVD investigations in the preliminary determination of 
the companion LTFV investigations. We will incorporate the scope 
decisions from the LTFV investigations into the scope of the final CVD 
determination for this investigation after considering any relevant 
comments submitted in scope case and rebuttal briefs.\6\
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    \4\ See Antidumping Duties; Countervailing Duties, Final Rule, 
62 FR 27296, 27323 (May 19, 1997) (Preamble).
    \5\ See Initiation Notice, 89 FR at 80205.
    \6\ The deadline for interested parties to submit scope case and 
rebuttal briefs will be established in the preliminary scope 
decision memorandum.
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Methodology

    Commerce is conducting this investigation in accordance with 
section 701 of the Act. For each of the subsidy programs found 
countervailable, Commerce preliminarily determines that there is a 
subsidy, i.e., a financial contribution by an ``authority'' that gives 
rise to a benefit to the recipient, and that the subsidy is 
specific.\7\ For a full description of the methodology underlying our 
preliminary determination, see the Preliminary Decision Memorandum.
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    \7\ See sections 771(5)(B) and (D) of the Act regarding 
financial contribution; section 771(5)(E) of the Act regarding 
benefit; and section 771(5A) of the Act regarding specificity.
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    Commerce notes that, in making these findings, it relied, in part, 
on facts available, and, because it finds that certain respondents did 
not act to the best of their ability to respond to Commerce's requests 
for information, it drew an adverse inference where appropriate in 
selecting from among the facts otherwise available.\8\ For further 
information, see the ``Use of Facts Otherwise Available and Adverse 
Inferences'' section in the Preliminary Decision Memorandum.
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    \8\ See sections 776(a) and (b) of the Act.
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Alignment

    In accordance with section 705(a)(1) of the Act and 19 CFR 
351.210(b)(4), Commerce is aligning the final CVD determination in this 
investigation with the final determination in the concurrent LTFV 
investigation of CORE from Vietnam, based on a request made by the 
petitioners.\9\ Consequently, this final CVD determination will be 
issued on the same date as the final determination for the LTFV 
investigation, which is currently scheduled to be issued no later than 
June 17, 2025, unless postponed.
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    \9\ See Petitioners' Letter, ``Request to Align the Final 
Determination,'' dated January 6, 2025.
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Rate for Non-Responsive Companies

    Six potential exporters and/or producers of CORE from Vietnam did 
not respond to Commerce's Q&V questionnaire (i.e., the non-responsive 
companies).\10\ We find that, by not responding to the Q&V 
questionnaire, these companies withheld requested information and 
significantly impeded this proceeding. Thus, in reaching our 
preliminary determination, pursuant to sections 776(a)(2)(A) and (C) of 
the Act, we are basing the CVD subsidy rate for the non-responsive 
companies on facts otherwise available.
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    \10\ The companies that failed to respond to Commerce's Q&V 
questionnaire are: (1) 190 Steel Pipe Co Ltd; (2) Vietnam Germany 
Steel JSC; (3) Vietnam Steel Pipe Co., Ltd.; (4) Vina One Steel 
Manufacturing Corporation; (5) VNSTEEL--Thang Long Coated Sheets 
Joint Stock Company; and (6) VNSTEEL--Vietnam Steel Corp.
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    We further preliminarily determine that an adverse inference is 
warranted, pursuant to section 776(b) of the Act. By failing to submit 
responses to Commerce's Q&V questionnaire, the non-responsive companies 
did not cooperate to the best of their ability in this investigation. 
Accordingly, we preliminarily find that an adverse inference is 
warranted to ensure that the non-responsive companies will not obtain a 
more favorable result than had they fully complied with our request for 
information. For more information on the application of adverse facts 
available

[[Page 9236]]

to the non-responsive companies, see ``Use of Facts Otherwise Available 
and Adverse Inferences'' in the Preliminary Decision Memorandum.

All-Others Rate

    Sections 703(d) and 705(c)(5)(A) of the Act provide that, in the 
preliminary determination, Commerce shall determine an estimated all-
others rate for companies not individually examined. This rate shall be 
an amount equal to the weighted average of the estimated subsidy rates 
established for those companies individually examined, excluding any 
rates that are zero, de minimis, or based entirely under section 776 of 
the Act. If the rates established for all exporters and producers 
individually investigated are zero, de minimis, or determined entirely 
under facts available, Commerce may use any reasonable method to 
establish an all-others rate.\11\ For this preliminary determination, 
Commerce calculated de minimis and zero rates for Hoa Sen Group and Ton 
Dong A Corporation, respectively. Further, as described above, we are 
applying a rate based entirely under section 776 of the Act for the 
non-responsive companies. Therefore, in accordance with section 
705(c)(5)(A)(ii) of the Act, we are preliminarily applying a simple 
average of the subsidy rates calculated for Hoa Sen Group, Ton Dong A 
Corporation, and the non-responsive companies as the all-others 
rate.\12\
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    \11\ See sections 705(c)(5)(A)(i) and (ii) of the Act.
    \12\ See Aluminum Extrusions from Taiwan: Final Affirmative 
Determination of Sales at Less Than Fair Value, 89 FR 80477 (October 
3, 2024), and accompanying Issues and Decision Memorandum at Comment 
3.
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Preliminary Determination

    Commerce preliminarily determines that the following estimated 
countervailable subsidy rates exist:
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    \13\ We preliminarily find Hoa Sen Group to be cross-owned with 
the following companies: Hoa Sen Nghe An One Member Limited 
Liabilities Company, Hoa Sen Phu Nhon Hoi-Binh Dinh One Member 
Limited Liability Company, Hoa Sen Phu My One Member Limited 
Liabilities Company, Hoa Sen Steel One Member Company Limited.

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                                             Subsidy rate (percent ad
                 Company                             valorem)
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Hoa Sen Group \13\......................  0.13 (de minimis).
Ton Dong A Corporation..................  0.00.
190 Steel Pipe Co Ltd...................  140.05.*
Vietnam Germany Steel JSC...............  140.05.*
Vietnam Steel Pipe Co., Ltd.............  140.05.*
Vina One Steel Manufacturing Corporation  140.05.*
VNSTEEL--Thang Long Coated Sheets Joint   140.05.*
 Stock Company.
VNSTEEL--Vietnam Steel Corp.............  140.05.*
All Others..............................  46.73.
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* Rate based on facts available with adverse inferences.

Disclosure

    Commerce intends to disclose its calculations and analysis 
performed in connection with this preliminary determination within five 
days of its 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).
    Consistent with 19 CFR 351.224(e), Commerce will analyze and, if 
appropriate, correct any timely allegations of significant ministerial 
errors by amending the preliminary determination. However, consistent 
with 19 CFR 351.224(d), Commerce will not consider incomplete 
allegations that do not address the significance standard under 19 CFR 
351.224(g) following the preliminary determination. Instead, Commerce 
will address such allegations in the final determination together with 
issues raised in the case briefs or other written comments.

Suspension of Liquidation

    In accordance with sections 703(d)(1)(B) and (d)(2) of the Act, 
Commerce will direct U.S. Customs and Border Protection (CBP) to 
suspend liquidation of entries of subject merchandise as described in 
the scope of the investigation entered, or withdrawn from warehouse, 
for consumption on or after the date of publication of this notice in 
the Federal Register. Further, pursuant to 19 CFR 351.205(d), Commerce 
will instruct CBP to require a cash deposit equal to the rates 
indicated above. Because the subsidy rates for Ton Dong A Corporation 
and Hoa Sen Group are zero and de minimis, respectively, Commerce is 
directing CBP not to suspend liquidation of entries of the merchandise 
from these companies.

Verification

    As provided in section 782(i)(1) of the Act, Commerce intends to 
verify the information relied upon in making its final determination.

Public Comment

    All interested parties will have the opportunity to submit scope 
case and rebuttal briefs on the preliminary decision regarding the 
scope of the LTFV and CVD investigations. The deadlines to submit scope 
case and rebuttal briefs will be provided in the preliminary scope 
decision memorandum. For all scope case and rebuttal briefs, parties 
must file identical documents simultaneously on the records of the 
ongoing LTFV and CVD CORE investigations. No new factual information or 
business proprietary information may be included in either scope case 
or rebuttal briefs.
    Case briefs or other written comments, excluding scope comments, 
may be submitted to the Assistant Secretary for Enforcement and 
Compliance no later than seven days after the date on which the last 
verification report is issued in this investigation. Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed not later 
than five days after the date for filing case briefs.\14\ Interested 
parties who submit case or rebuttal briefs in this proceeding must 
submit: (1) a table of contents listing each issue; and (2) a table of 
authorities.\15\
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    \14\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \15\ See 19 CFR 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this investigation, we instead request 
that interested parties provide at the beginning of their briefs a 
public,

[[Page 9237]]

executive summary for each issue raised in their briefs.\16\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public executive summaries as the basis of the 
comment summaries included in the issues and decision memorandum that 
will accompany the final determination in this investigation. We 
request that interested parties include footnotes for relevant 
citations in the executive summary of each issue. Note that Commerce 
has amended certain of its requirements pertaining to the service of 
documents in 19 CFR 351.303(f).\17\
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    \16\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \17\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants and whether any participant is a foreign national, and a 
list of the issues to be discussed. Oral presentations at the hearing 
will be limited to issues raised in the briefs. If a request for a 
hearing is made, Commerce intends to hold the hearing at a time and 
date to be determined. Parties should confirm by telephone the date, 
time, and location of the hearing two days before the scheduled date.

U.S. International Trade Commission (ITC) Notification

    In accordance with section 703(f) of the Act, Commerce will notify 
the ITC of its determination. If the final determination is 
affirmative, the ITC will determine, before the later of 120 days after 
the date of this preliminary determination or 45 days after the final 
determination, whether imports of CORE from Vietnam are materially 
injuring the U.S. industry.

Notification to Interested Parties

    This determination is issued and published in accordance with 
sections 703(f) and 777(i) of the Act, and 19 CFR 351.205(c).

    Dated: February 3, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix I

Scope of the Investigation

    The products covered by this investigation are certain flat-
rolled steel products, either clad, plated, or coated with 
corrosion-resistant metals such as zinc, aluminum, or zinc-, 
aluminum-, nickel- or iron-based alloys, whether or not corrugated 
or painted, varnished, laminated, or coated with plastics or other 
non-metallic substances in addition to the metallic coating. The 
products covered include coils that have a width of 12.7 mm or 
greater, regardless of form of coil (e.g., in successively 
superimposed layers, spirally oscillating, etc.). The products 
covered also include products not in coils (e.g., in straight 
lengths) of a thickness less than 4.75 mm and a width that is 12.7 
mm or greater and that measures at least 10 times the thickness. The 
products covered also include products not in coils (e.g., in 
straight lengths) of a thickness of 4.75 mm or more and a width 
exceeding 150 mm and measuring at least twice the thickness. The 
products described above may be rectangular, square, circular, or 
other shape and include products of either rectangular or non-
rectangular cross-section where such cross-section is achieved 
subsequent to the rolling process, i.e., products which have been 
``worked after rolling'' (e.g., products which have been beveled or 
rounded at the edges).
    For purposes of the width and thickness requirements referenced 
above:
    (1) Where the nominal and actual measurements vary, a product is 
within the scope if application of either the nominal or actual 
measurement would place it within the scope based on the definitions 
set forth above, and
    (2) where the width and thickness vary for a specific product 
(e.g., the thickness of certain products with non-rectangular cross-
section, the width of certain products with non-rectangular shape, 
etc.), the measurement at its greatest width or thickness applies.
    Steel products included in the scope of this investigation are 
products in which: (1) iron predominates, by weight, over each of 
the other contained elements; and (2) the carbon content is 2 
percent or less, by weight. Subject merchandise also includes 
corrosion-resistant steel that has been further processed in a third 
country, including but not limited to annealing, tempering, 
painting, varnishing, trimming, cutting, punching and/or slitting or 
any other processing that would not otherwise remove the merchandise 
from the scope of the investigations if performed in the country of 
manufacture of the in-scope corrosion resistant steel.
    All products that meet the written physical description are 
within the scope of this investigation unless specifically excluded. 
The following products are outside of and/or specifically excluded 
from the scope of this investigation:
     Flat-rolled steel products either plated or coated with 
tin, lead, chromium, chromium oxides (``tin free steel''), whether 
or not painted, varnished or coated with plastics or other 
nonmetallic substances in addition to the metallic coating;
     Clad products in straight lengths of 4.7625 mm or more 
in composite thickness and of a width which exceeds 150 mm and 
measures at least twice the thickness;
     Certain clad stainless flat-rolled products, which are 
three-layered corrosion-resistant carbon steel flat-rolled products 
less than 4.75 mm in composite thickness that consist of a carbon 
steel flat-rolled product clad on both sides with stainless steel in 
a 20%-60%-20% ratio; and
    Also excluded from the scope of the antidumping duty 
investigation on corrosion resistant steel from Taiwan are any 
products covered by the existing antidumping duty order on 
corrosion-resistant steel from Taiwan. See Certain Corrosion-
Resistant Steel Products from India, Italy, the People's Republic of 
China, the Republic of Korea and Taiwan: Amended Final Affirmative 
Antidumping Determination for India and Taiwan, and Antidumping Duty 
Orders, 81 FR 48390 (July 25, 2016); Corrosion-Resistant Steel 
Products from Taiwan: Notice of Third Amended Final Determination of 
Sales at Less Than Fair Value Pursuant to Court Decision and Partial 
Exclusion from Antidumping Duty Order, 88 FR 58245 (August 25, 
2023).
    Also excluded from the scope of the antidumping duty 
investigation on corrosion-resistant steel from the United Arab 
Emirates and the antidumping duty and countervailing duty 
investigations on corrosion-resistant steel from the Socialist 
Republic of Vietnam are any products covered by the existing 
antidumping and countervailing duty orders on corrosion-resistant 
steel from the People's Republic of China and the Republic of Korea 
and the antidumping duty order on corrosion-resistant steel from 
Taiwan. See Certain Corrosion-Resistant Steel Products from India, 
Italy, the People's Republic of China, the Republic of Korea and 
Taiwan: Amended Final Affirmative Antidumping Determination for 
India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 
2016); see also Certain Corrosion-Resistant Steel Products from 
India, Italy, Republic of Korea and the People's Republic of China: 
Countervailing Duty Order, 81 FR 48387 (July 25, 2016). This 
exclusion does not apply to imports of corrosion-resistant steel 
that are entered, or withdrawn from warehouse, for consumption in 
the United States for which the relevant importer and exporter 
certifications have been completed and maintained and all other 
applicable certification requirements have been met such that the 
entry is entered into the United States as not subject to the 
antidumping and countervailing duty orders on corrosion-resistant 
steel from the People's Republic of China, the antidumping and 
countervailing duty orders on corrosion-resistant steel from the 
Republic of Korea, or the antidumping duty order on corrosion-
resistant steel from Taiwan.
    The products subject to the investigation are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7210.30.0030,

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7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0040, 
7210.49.0045, 7210.49.0091, 7210.49.0095, 7210.61.0000, 
7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 
7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 
7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 
7212.40.5000, 7212.50.0000, 7212.60.0000, 7225.91.0000, 
7225.92.0000, 7226.99.0110, and 7226.99.0130.
    The products subject to the investigations may also enter under 
the following HTSUS item numbers: 7210.90.1000, 7215.90.1000, 
7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 
7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 
7217.90.5090, 7225.99.0090, 7226.99.0180, 7228.60.6000, 
7228.60.8000, and 7229.90.1000.
    The HTSUS subheadings above are provided for convenience and 
customs purposes only. The written description of the scope of the 
investigations is dispositive.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Injury Test
IV. Use of Facts Available and Adverse Inferences
V. Subsidies Valuation Information
VI. Interest Rate, Discount Rate, and Land Lease Benchmarks
VII. Analysis of Programs
VIII. Recommendation

[FR Doc. 2025-02380 Filed 2-7-25; 8:45 am]
BILLING CODE 3510-DS-P
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