89 FR 7 pgs. 1520-1523 - Tin Mill Products From the Republic of Turkey: Final Negative Determination of Sales at Less Than Fair Value
Type: NOTICEVolume: 89Number: 7Pages: 1520 - 1523
Pages: 1520, 1521, 1522, 1523Docket number: [A–489–848]
FR document: [FR Doc. 2024–00327 Filed 1–9–24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-489-848]
Tin Mill Products From the Republic of Turkey: Final Negative Determination of Sales at Less Than Fair Value
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
[top] The U.S. Department of Commerce (Commerce) determines that
DATES:
Applicable January 10, 2024.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2972.
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 Turkey, 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. Accordingly, the final determination of the LTFV investigation remains unchanged from the Preliminary Determination and no Issues and Decision Memorandum accompanies this notice.
Footnotes:
1 ? See Tin Mill Products from the Republic of Turkeys: Preliminary Negative Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 88 FR 57087 (August 22, 2023) ( Preliminary Determination ), and accompanying Preliminary Decision Memorandum.
2 ? See Preliminary Determination.
Scope of the Investigation
The products covered by this investigation are tin mill products from Turkey. 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 the investigation from the scope published in the Preliminary Determination, as noted in the appendix to this notice.
Footnotes:
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).
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 Toscelik Profil ve Sac Endustrisi A.S. and Tosyali Toyo Celik A.S., collectively, Tosyali Toyo/Toscelik Profil, 5 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 Tosyali Toyo/Toscelik Profil. 6
Footnotes:
5 ?In the Preliminarily Determination, we determined the following companies comprise a single entity: Tosyali Toyo Celik A.S. and Toscelik Profil ve Sac Endustrisi A.S. ( i.e., Tosyali Toyo/Toscelik Profil). S ee Memorandum, "Preliminary Affiliation and Collapsing Analysis Memorandum for Tosyali Toyo Celik A.S. and Toscelik Profil ve Sac Endustrisi A.S.," dated August 16, 2023. No party challenged this determination for the final determination. Accordingly, we continue to treat these companies as part of a single entity for the purposes of this investigation.
6 ? See Memorandum, "Verification of the Sales Response," dated November 1, 2023; and Memorandum, "Verification of the Cost Response," dated November 3, 2023.
Changes Since the Preliminary Determination
We are incorporating Tosyali Toyo/Toscelik Profil's revised databases, submitted at Commerce's request, into this final determination, which reflect changes based on minor corrections Tosyali Toyo/Toscelik Profil submitted at verification, as well as minor discrepancies found by Commerce. 7 For additional details, see the Final Analysis Memorandum. 8
Footnotes:
7 ? See Tosyali Toyo/Toscelik Profil's Letter, "Tosyali Toyo Response to Request for Revised Databases," dated November 6, 2023.
8 ? See Memorandum, "Analysis for the Final Determination for Tosyali Toyo Celik A.S. and Toscelik Profil ve Sac Endustrisi A.S.," dated concurrently with, and hereby adopted by, this notice (Final Analysis Memorandum).
Final Determination
The final estimated weighted-average dumping margin is as follows:
| Exporter/Producer | Estimated weighted-average dumping margin (percent) |
|---|---|
| Tosyali Toyo Celik A.S.; Toscelik Profil ve Sac Endustrisi A.S | 0.00 |
Consistent with section 735(a)(4) of the Act, Commerce disregards de minimis rates. Accordingly, Commerce determines that the single entity comprised of Tosyali Toyo Celik A.S. and Toscelik Profil ve Sac Endustrisi A.S., i.e., the only individually examined respondent, has not made sales of subject merchandise at LTFV.
Furthermore, 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
Commerce intends to disclose its calculations performed in this final 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).
Suspension of Liquidation
In the Preliminary Determination, the estimated weighted-average dumping margin for Tosyali Toyo/Toscelik Profil was zero percent and, therefore, we did not suspend liquidation of entries of tin mill products from Turkey. 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 Turkey.
Footnotes:
9 ? See Preliminary Determination, 88 FR at 57088.
U.S. International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the U.S. 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
[top] 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 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-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/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).
• 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/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.
• 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/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.
• 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 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.
[top] • 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%
• 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. 2024-00327 Filed 1-9-24; 8:45 am]
BILLING CODE 3510-DS-P