Document

Tin Mill Products From the Republic of Turkey: Final Negative Determination of Sales at Less Than Fair Value

The U.S. Department of Commerce (Commerce) determines that tin mill products from the Republic of Turkey (Turkey) are not being, or are not likely to be, sold in the United Stat...

Department of Commerce
International Trade Administration
  1. [A-489-848]

AGENCY:

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

SUMMARY:

The U.S. Department of Commerce (Commerce) determines that ( printed page 1521) tin mill products from the Republic of Turkey (Turkey) are not being, or are not likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation January 1, 2022, through December 31, 2022.

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.

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.

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]

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]

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.

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

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. ( printed page 1522)

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:

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.

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.

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2.   See Preliminary Determination.

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3.   See Memorandum, “Preliminary Scope Decision Memorandum,” dated August 16, 2023 (Preliminary Scope Decision Memorandum).

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4.   See Memorandum, “Final Scope Decision Memorandum,” dated concurrently with this memorandum (Final Scope Decision Memorandum).

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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.

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6.   See Memorandum, “Verification of the Sales Response,” dated November 1, 2023; and Memorandum, “Verification of the Cost Response,” dated November 3, 2023.

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7.   See Tosyali Toyo/Toscelik Profil's Letter, “Tosyali Toyo Response to Request for Revised Databases,” dated November 6, 2023.

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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).

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9.   See Preliminary Determination, 88 FR at 57088.

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[FR Doc. 2024-00327 Filed 1-9-24; 8:45 am]

BILLING CODE 3510-DS-P

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Federal Register Citation

Use this for formal legal and research references to the published document.

89 FR 1520

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“Tin Mill Products From the Republic of Turkey: Final Negative Determination of Sales at Less Than Fair Value,” thefederalregister.org (January 10, 2024), https://thefederalregister.org/documents/2024-00327/tin-mill-products-from-the-republic-of-turkey-final-negative-determination-of-sales-at-less-than-fair-value.