[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Notices]
[Pages 6052-6053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-02201]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-808; A-823-808]
Certain Cut-to-Length Carbon Steel Plate From the Russian
Federation and Ukraine; Final Results of the Expedited Third Sunset
Reviews of the Suspension Agreements
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of these sunset reviews, the Department of
Commerce (``the Department'') finds that termination of the suspension
agreements on certain cut-to-length carbon steel plate (``CTL plate'')
from the Russian Federation (``Russia'') and Ukraine would be likely to
lead to continuation or recurrence of dumping. The magnitude of the
dumping margins likely to prevail are indicated in the ``Final Results
of Reviews'' section of this notice.
DATES: Effective Date: February 4, 2015.
FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Judith Wey Rudman,
Enforcement and Compliance, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230, telephone: (202) 482-0162 or (202) 482-0192.
SUPPLEMENTARY INFORMATION:
History of the Suspension Agreements
On December 3, 1996, the Department initiated antidumping duty
investigations under section 732 of the Tariff Act of 1930 (``the
Act'') on certain CTL plate from Russia and Ukraine.\1\ The Department
suspended the antidumping duty investigations on October 24, 1997, on
the basis of agreements by the Russian and Ukrainian governments,
respectively, to restrict the volume of direct and indirect exports of
CTL plate to the United States in order to prevent the suppression or
undercutting of price levels of U.S. domestic like products.\2\
Thereafter, the Department continued its investigations and published
in the Federal Register its final determinations of sales at less than
fair value. In the final determination for Russia, the Department
calculated a weighted-average dumping margin of 53.81 percent for JSC
Severstal, and 185.00 percent for ``all other'' Russian manufacturers,
producers, and exporters of the subject merchandise.\3\ In the final
determination for Ukraine, the Department calculated weighted-average
dumping margins of 81.43 percent for JSC Azovstal Iron & Steel Works,
155.00 percent for JSC Ilyich Iron & Steel Works, and 237.91 percent
for ``all other'' Ukrainian manufacturers, producers, and exporters of
the subject merchandise.\4\ Suspension agreements remain in effect for
signatory exporters of CTL plate from Russia and Ukraine.\5\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping Duty Investigations: Certain
Cut-To-Length Carbon Steel Plate from the People's Republic of
China, Ukraine, the Russian Federation, and the Republic of South
Africa, 61 FR 64051 (December 3, 1996).
\2\ See Suspension of Antidumping Duty Investigation: Certain
Cut-to-Length Carbon Steel Plate From the Russian Federation, 62 FR
61780 (November 19, 1997); Suspension of Antidumping Duty
Investigation: Certain Cut-to-Length Carbon Steel Plate From
Ukraine, 62 FR 61766 (November 19, 1997).
\3\ See Notice of Final Determination of Sales at Less Than Fair
Value: Certain Cut-to-Length Carbon Steel Plate From the Russian
Federation, 62 FR 61787, 61794 (November 19, 1997) (``Final Russia
Determination'').
\4\ See Notice of Final Determination of Sales at Less Than Fair
Value: Certain Cut-to-Length Carbon Steel Plate From Ukraine, 62 FR
61754, 61766 (November 19, 1997) (``Final Ukraine Determination'').
\5\ On December 20, 2002, and September 29, 2008, respectively,
revised suspension agreements were signed by representatives of
Russian and Ukrainian CTL plate producers pursuant to section 734(b)
of the Act. These agreements became effective January 23, 2003, and
November 1, 2008, respectively, and replaced the previous non-market
economy agreements that had been in effect since 1997. See
Suspension of Antidumping Duty Investigation of Certain Cut-to-
Length Carbon Steel Plate from the Russian Federation, 68 FR 3859
(January 27, 2003); Suspension of Antidumping Duty Investigation:
Certain Cut-to-Length Carbon Steel Plate from Ukraine, 73 FR 57602
(October 3, 2008).
---------------------------------------------------------------------------
[[Page 6053]]
Background
On October 1, 2014, the Department published the notice of
initiation of sunset reviews of the suspension agreements on CTL plate
from Russia and Ukraine, pursuant to section 751(c) of the Act.\6\
Pursuant to 19 CFR 351.218(d)(1)(i), the Department received timely and
complete notices of intent to participate in these sunset reviews from
SSAB Enterprises LLC (``SSAB'') on October 9, 2014, from ArcelorMittal
USA LLC (``ArcelorMittal'') on October 15, 2014, and from Evraz Oregon
Steel and Evraz Claymont Steel (collectively, ``Evraz''), and Nucor
Corporation (``Nucor''), on October 16, 2014. Pursuant to 19 CFR
351.218(d)(3), on October 31, 2014, ArcelorMittal, Nucor, and SSAB
(collectively, ``domestic interested parties'') jointly filed, and
Evraz separately filed, timely, complete and adequate substantive
responses in these sunset reviews.\7\ The Department did not receive
substantive responses from any respondent interested party. As a
result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR
51.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset
reviews of these suspension agreements.
---------------------------------------------------------------------------
\6\ See Initiation of Five-Year (``Sunset'') Review, 79 FR 59216
(October 1, 2014) (Sunset Initiation).
\7\ See ``Certain Cut-to-Length Carbon Steel Plate from Russia:
Substantive Response to Notice of Initiation'' from ArcelorMittal
USA, Nucor Corporation, and SSAB Enterprises (``domestic interested
parties' response'') dated October 31, 2014; ``Certain Cut-to-Length
Carbon Steel Plate from Ukraine: Substantive Response to Notice of
Initiation'' from ArcelorMittal USA, Nucor Corporation, and SSAB
Enterprises (``domestic interested parties' response'') dated
October 31, 2014; ``Certain Cut-to-Length Carbon Steel Plate from
the People's Republic of China, the Russian Federation, and Ukraine:
Substantive Response from Domestic Producers'' from Evraz Oregon
Steel and Evraz Claymont Steel (``Evraz response'') dated October
31, 2014.
---------------------------------------------------------------------------
Scope of Reviews
The products covered by these suspension agreements include hot-
rolled iron and non-alloy steel universal mill plates (i.e., flat-
rolled products rolled on four faces or in a closed box pass, of a
width exceeding 150 mm but not exceeding 1250 mm and of a thickness of
not less than 4 mm, not in coils and without patterns in relief), of
rectangular shape, neither clad, plated nor coated with metal, whether
or not painted, varnished, or coated with plastics or other nonmetallic
substances; and certain iron and non-alloy steel flat-rolled products
not in coils, of rectangular shape, hot-rolled, neither clad, plated,
nor coated with metal, whether or not painted, varnished, or coated
with plastics or other nonmetallic substances, 4.75 mm or more in
thickness and of a width which exceeds 150 mm and measures at least
twice the thickness. Included as subject merchandise in the Suspension
Agreements are flat-rolled products of nonrectangular cross-section
where such cross-section is achieved subsequent to the rolling process
(i.e., products which have been ``worked after rolling'') for example,
products which have been beveled or rounded at the edges. This
merchandise is currently classified in the Harmonized Tariff Schedule
of the United States (HTS) under item numbers 7208.40.3030,
7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000,
7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000,
7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000,
and 7212.50.0000. Although the HTS subheadings are provided for
convenience and customs purposes, the written description of the scope
of the Agreements is dispositive. Specifically excluded from subject
merchandise within the scope of these Agreements is grade X-70 steel
plate.
Analysis of Comments Received
A complete discussion of all issues raised in these sunset reviews
is provided in the accompanying issues and decision memoranda.\8\ The
issues discussed in the I&D memoranda include the likelihood of
continuation or recurrence of dumping and the magnitude of the dumping
margins likely to prevail if the suspension agreements are terminated.
The I&D memoranda are public documents and are on file electronically
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 and is available in the
Central Records Unit, room 7046 of the main Department of Commerce
building. In addition, a complete version of the I&D memoranda can be
accessed directly on the Web at http://enforcement.trade.gov/frn. The
signed I&D memoranda and the electronic versions of the I&D memoranda
are identical in content.
---------------------------------------------------------------------------
\8\ See ``Issues and Decision Memorandum for the Expedited Third
Sunset Review of the Agreement Suspending the Antidumping Duty
Investigation of Certain Cut-to-Length Carbon Steel Plate from the
Russian Federation,'' from Lynn Fischer Fox, Deputy Assistant
Secretary for Policy and Negotiations, to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, dated concurrently with
and hereby adopted by this notice; ``Issues and Decision Memorandum
for the Expedited Third Sunset Review of the Agreement Suspending
the Antidumping Duty Investigation of Certain Cut-to-Length Carbon
Steel Plate from Ukraine,'' from Lynn Fischer Fox, Deputy Assistant
Secretary for Policy and Negotiations, to Paul Piquado, Assistant
Secretary for Enforcement and Compliance, dated concurrently with
and hereby adopted by this notice (collectively, ``I&D memoranda'').
---------------------------------------------------------------------------
Final Results of Reviews
Pursuant to section 752(c) of the Act, the Department determines
that termination of the suspension agreements on CTL plate from Russia
and Ukraine would likely lead to continuation or recurrence of dumping
at weighted-average margins up to 185.00 percent for Russia and up to
237.91 percent for Ukraine.\9\
---------------------------------------------------------------------------
\9\ See Final Russia Determination and Final Ukraine
Determination.
---------------------------------------------------------------------------
Notification Regarding Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective orders is hereby requested. Failure
to comply with the regulations and terms of an APO is a violation which
is subject to sanction.
We are issuing and publishing these results and notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: January 29, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-02201 Filed 2-3-15; 8:45 am]
BILLING CODE 3510-DS-P