80 FR 57578 - Certain Cut-to-Length Carbon Steel Plate From the Russian Federation: Request for Comments

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 185 (September 24, 2015)

On May 5, 2015, ArcelorMittal USA, Inc., Nucor Corporation, and SSAB North America Division (collectively, ``domestic interested parties''), filed with the U.S. Department of Commerce (``Department'') a request to terminate the 2003 Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate from the Russian Federation (``Agreement'') (``request to terminate''). For the reasons stated in this notice, the Department is requesting comments on whether suspension of the investigation is no longer in the ``public interest'' under sections 734(d) and 734(i) of the Tariff Act of 1930, as amended (``Act'').

[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Notices]
[Pages 57578-57579]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24329]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-808]


Certain Cut-to-Length Carbon Steel Plate From the Russian 
Federation: Request for Comments

AGENCY: Enforcement & Compliance, International Trade Administration, 
Commerce.

ACTION: Invitation for Comment on Antidumping Suspension Agreement on 
Certain Cut-to-Length Carbon Steel Plate from the Russian Federation.

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SUMMARY: On May 5, 2015, ArcelorMittal USA, Inc., Nucor Corporation, 
and SSAB North America Division (collectively, ``domestic interested 
parties''), filed with the U.S. Department of Commerce (``Department'') 
a request to terminate the 2003 Agreement Suspending the Antidumping 
Investigation of Certain Cut-to-Length Carbon Steel Plate from the 
Russian Federation (``Agreement'') (``request to terminate''). For the 
reasons stated in this notice, the Department is requesting comments on 
whether suspension of the investigation is no longer in the ``public 
interest'' under sections 734(d) and 734(i) of the Tariff Act of 1930, 
as amended (``Act'').

DATES: Effective: September 24, 2015.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Julie H. Santoboni, 
Enforcement & Compliance, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230, telephone: (202) 482-0162 or (202) 482-3063, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    In January 2003, the non-market economy suspension agreement signed 
in October 1997 on cut-to-length carbon steel plate (``CTL plate'') 
from the Russian Federation was replaced with a market-economy 
agreement with Russian producers under section 734(b) of the Act. See 
Suspension of Antidumping Duty Investigation of Certain Cut-to-Length 
Carbon Steel Plate from the Russian Federation, 68 FR 3859 (Jan. 27, 
2003).\1\ In entering into the Agreement, the Department determined, 
under section 734(b) of the Act, that the Agreement would eliminate 
completely sales at less than fair value of the imported subject 
merchandise and, under section 734(d) of the Act, that suspension of 
the investigation was in the ``public interest'' and could be monitored 
effectively. Since implementation of the Agreement in 2003, the 
Department has been calculating semi-annual ``normal values'' 
(``NVs''), or minimum selling prices, for Joint Stock Company Severstal 
(``Severstal''), the one Russian signatory producer that has requested 
NVs.
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    \1\ The underlying antidumping duty investigation was continued 
in 1997, and the Department made an affirmative final determination 
of sales at less than fair value and the International Trade 
Commission made an affirmative injury determination. 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 (Nov. 19, 1997); Certain Carbon Steel Plate from China, 
Russia, South Africa and Ukraine, 62 FR 66128 (Dec. 17, 1997).
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    On May 5, 2015, the domestic interested parties filed a request 
that the Department terminate the Agreement because it is no longer in 
the public interest and because Severstal may have violated the 
Agreement. On May 14, 2015, the Ministry of Economic Development of the 
Russian Federation (``Economy Ministry'') filed a letter in response to 
the domestic interested parties' request to terminate the Agreement. On 
May 18, 2015, Severstal filed a letter in response to the domestic 
interested parties' request to terminate the Agreement.

Scope of Review

    The products covered by the Agreement are CTL plate from the 
Russian Federation. 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, our 
written description of the scope of the Agreement is dispositive. For a 
full description of the scope of this Agreement, see Appendix B of the 
Agreement.

Invitation for Comment

    As discussed above, the Department has received a request to 
terminate the Agreement from the domestic interested parties and is 
currently evaluating the request. The Agreement, at Section F, provides 
that ``{i{time} f the Department determines that the Agreement is being 
or has been violated or no longer meets

[[Page 57579]]

the requirements of section 734(b) or (d) of the Act, the Department 
shall take action it determines appropriate under section 734(i) of the 
Act and the regulations.''
    Section 734(i) of the Act provides that where, as here, the 
investigation was completed, the Department shall publish a 
determination suspending liquidation and issue an antidumping order 
under section 736(a) of the Act if the Department determines that there 
has been a violation of the Agreement, or the Agreement no longer meets 
certain statutory requirements, including the ``public interest'' 
requirement under section 734(d)(1) of the Act. The Department's 
regulations at 19 CFR 351.209(c)(1) state that if the Department has 
reason to believe that a suspension agreement no longer meets the 
requirements of section 734(d) of the Act, including if suspension of 
the investigation is no longer in the ``public interest,'' it will 
publish a notice inviting comment on the suspension agreement. Based on 
the request to terminate, we find that the requirements of 19 CFR 
351.209(c)(1) have been met, and as such, are issuing this notice to 
seek comments to determine if suspension of the investigation is no 
longer in the ``public interest.'' Although the domestic interested 
parties alleged that Severstal may have violated the terms of the 
Agreement, we are not soliciting comments on the alleged violation.
    The Department will make its determination and if appropriate, take 
necessary action, in accordance with section 734(i) of the Act and 19 
CFR 351.209(c). Further, in making our determination, the Department 
will consider imports into the United States from all sources of the 
merchandise, as described in Section A of the Agreement. We also will 
consider factors including, but not limited to, the following: volume 
of trade, pattern of trade, whether or not the reseller is an original 
equipment manufacturer, and the reseller's export price. See Agreement, 
Section B.

Public Comment

    Interested parties may submit comments on whether the Agreement is 
in the public interest via Enforcement & Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``ACCESS'') 
no later than 30 days after the date of publication of this notice by 5 
p.m. Eastern Daylight Time.\2\ Rebuttal comments, limited to issues 
raised in the affirmative comments, may be submitted via ACCESS no 
later than 45 days after the date of publication of this notice by 5 
p.m. Eastern Daylight Time.
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    \2\ ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building.
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    When submitting comments via ACCESS, interested parties must upload 
their submissions to the segment in ACCESS entitled ``Suspension 
Agreement.'' The Department intends to address any comments in its 
determination.

    Dated: September 18, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement & Compliance.
[FR Doc. 2015-24329 Filed 9-23-15; 8:45 am]
BILLING CODE 3510-DS-P