Tin Mill Products From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances and Extension of Provisional Measures
The U.S. Department of Commerce (Commerce) preliminarily determines that tin mill products from the People's Republic of China (China) are being, or are likely to be, sold in th...
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The U.S. Department of Commerce (Commerce) preliminarily determines that tin mill products from the People's Republic of China (China) are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is October 1, 2025, through March 31, 2026. Interested parties are invited to comment on this preliminary determination.
DATES:
Applicable September 21, 2026.
FOR FURTHER INFORMATION CONTACT:
Blair Hood, 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) 482-8329.
SUPPLEMENTARY INFORMATION:
Background
This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the
Initiation Notice
of this investigation on May 5, 2026.[1]
For a complete
( printed page 59761)
description of the events that followed the initiation of this investigation,
see
the Preliminary Decision Memorandum.[2]
A list of topics included 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
access.trade.gov.
In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at
access.trade.gov/​frnotices.
Scope of the Investigation
The product covered by this investigation is tin mill products from China. For a complete description of the scope of this investigation,
see
Appendix I.
Scope Comments
In accordance with the preamble to Commerce's regulations,[3]
the
Initiation Notice
set aside a period of time for parties to raise issues regarding product coverage (
i.e.,
scope).[4]
We received comments concerning the scope of this investigation, as well as in the other LTFV and companion countervailing duty (CVD) investigations of tin mill products, as it appeared in the
Initiation Notice.
For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying discussion and analysis of all comments timely received,
see
the Preliminary Scope Decision Memorandum.[5]
Commerce is preliminarily modifying the scope language as it appeared in the
Initiation Notice, see
Appendix I of this notice.
Methodology
Commerce is conducting this investigation in accordance with section 731 of the Act. Pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily has relied upon facts otherwise available, with adverse inferences, for the China-wide entity, which includes the companies listed in Appendix III that did not rebut the presumption of state control due to their failure to: (1) respond to the quantity and value questionnaire; (2) submit a separate rate application; and/or (3) respond to the initial questionnaire by withdrawing from this investigation. For a full description of the methodology underlying Commerce's preliminary determination,
see
the Preliminary Decision Memorandum.
Preliminary Affirmative Determination of Critical Circumstances
In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce preliminarily determines that critical circumstances exist with respect to imports of tin mill products from China for the China-wide entity. For a full description of the methodology and results of Commerce's critical circumstances analysis,
see
the Preliminary Decision Memorandum.
Combination Rates
In the
Initiation Notice,[6]
Commerce stated that it would calculate producer/exporter combination rates for the respondents that are eligible for a separate rate in this investigation. Policy Bulletin 05.1 describes this practice.[7]
In this case, because no respondent qualified for a separate rate, producer/exporter combination rates were not calculated.
Separate Rates
The Act does not address the establishment of a separate rate for non-examined companies when Commerce limits its examination in an administrative review covering a non-market economy pursuant to section 777A(c)(2) of the Act. However, Commerce's regulation at 19 CFR 351.109(g) states that Commerce will determine the separate rate by following the process set forth in 19 CFR 351.109(f)(1)-(2), which generally parallels the process for determining the all-others rate in an investigation under section 735(c)(5) of the Act. Section 735(c)(5)(A) of the Act and 19 CFR 351.109(f) state that for non-examined companies, in general, we will determine an all-others rate by weight averaging the estimated weighted average dumping margins established for each of the individually examined companies, excluding zero and
de minimis
rates or any rates based entirely on facts available. Accordingly, to determine the rate for non-examined separate rate companies, Commerce's practice is to weight average the weighted-average dumping margins for the selected mandatory respondents, excluding rates that are zero,
de minimis,
or based entirely on facts available. In this investigation, we determine that that Jiangsu Ninesky and Shougang HK are ineligible for a separate rate and are, thus, part of the China-wide entity, which is subject to a rate pursuant to sections 776(a)(1) and (2) of the Act, as discussed above.
Preliminary Determination
Commerce preliminarily determines that the following estimated weighted-average dumping margins exist:
Producer/exporter
Weighted-average dumping margin
(percent)
Cash deposit rate
(adjusted for
subsidy offsets)
(percent)
China-Wide Entity
136.52 *
130.17
** Rate is based on facts available with adverse inferences.
( printed page 59762)
Suspension of Liquidation
In accordance with section 733(d)(2) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of subject merchandise as described in the scope of the investigation section entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the
Federal Register
, as discussed below. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), Commerce will instruct CBP to require a cash deposit equal to the weighted average amount by which normal value exceeds U.S. price, as indicated in the chart above as follows: (1) for the producer/exporter combinations listed in the table above, the cash deposit rate is equal to the estimated weighted-average dumping margin listed for that combination in the table; (2) for all combinations of Chinese producers/exporters of merchandise under consideration that have not established eligibility for their own separate rates, the cash deposit rate will be equal to the estimated weighted-average dumping margin established for the China-wide entity; and (3) for all third-county exporters of merchandise under consideration not listed in the table above, the cash deposit rate is the cash deposit rate applicable to the Chinese producer/exporter combination (or the China-wide entity) that supplied that third-country exporter.
Section 733(e)(2) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of: (a) the date which is 90 days before the date on which the suspension of liquidation was first ordered; or (b) the date on which notice of initiation of the investigation was published. Commerce preliminarily finds that critical circumstances exist for imports of subject merchandise from the China-wide entity. In accordance with section 733(e)(2)(A) of the Act, the suspension of liquidation shall apply to all unliquidated entries of merchandise from the producer/exporter combinations identified in this paragraph that were entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the publication of this notice.
To determine the cash deposit rate, Commerce normally adjusts the estimated weighted-average dumping margin by the amount of domestic subsidy pass-through and export subsidies determined in a companion countervailing duty (CVD) proceeding when CVD provisional measures are in effect. Accordingly, where Commerce has made a preliminary affirmative determination for domestic subsidy pass-through or export subsidies, Commerce has offset the calculated estimated weighted-average dumping margin by the appropriate rate(s). Any such adjusted rates may be found in the “Preliminary Determination” section's chart of estimated weighted-average dumping margins above.
Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, Commerce will direct CBP to begin collecting cash deposits at a rate equal to the estimated weighted-average dumping margins calculated in this preliminary determination unadjusted for the passed-through domestic subsidies or for export subsidies at the time the CVD provisional measures expire.
These suspension of liquidation instructions will remain in effect until further notice.
Disclosure
Normally, Commerce discloses to interested parties the calculations performed in connection with a 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). However, because Commerce preliminarily determined that all companies are part of the China-wide entity and assigned to the China-wide entity and AFA rate that is based solely on the margin alleged in the Petition, there are no calculations to disclose.
Public Comment
Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 14 days after the date of publication of the preliminary determination, unless the Secretary alters the time limit. 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.[8]
Interested parties who submit case briefs or rebuttal briefs in this proceeding must submit: (1) a table of contents listing each issue; and (2) a table of authorities.[9]
As provided under 19 CFR 351.309(c)(2)(iii) and (d)(2)(iii), we request that interested parties provide at the beginning of their briefs a public executive summary for each issue raised in their briefs.[10]
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 public 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).[11]
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: (1) the party's name, address, and telephone number; (2) the number of participants and whether any participant is a foreign national; and (3) a list of the issues to be discussed. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined.
Final Determination
Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that Commerce will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, Commerce will make its final determination no later than 75 days after the signature date of this preliminary determination.
U.S. International Trade Commission Notification
In accordance with section 733(f) of the Act, Commerce will notify the U.S. International Trade Commission (ITC) of its preliminary determination of sales at LTFV. 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
( printed page 59763)
days after the final determination whether imports of the subject merchandise are materially injuring, or threaten material injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).
Dated: September 16, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
Appendix I
Scope of the Investigation
The products within the scope of the 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.
Excluded from the scope of the investigation is certain single-reduced electrolytically chromium-coated steel tape for use as an armoring and shielding layer for fiber optic and telecommunications cables (commonly known in the industry as “copolymer coated steel tape”). Such excluded certain single-reduced electrolytically chromium-coated steel tape is excluded only if it meets all seven (7) of the below requirements:
(2) Actual thickness of 0.160 mm or less (55-pound base box weight),
(3) Type MR steel,
(4) T2-T3 temper,
(5) With a tensile range of 45-57 KSI or 310.20-393.00 Mpa,
(6) 15% minimum elongation, and
(7) 0.06-012 g/m2 chromium coating.
The merchandise subject to the 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, 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.
Appendix II
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Discussion of the Methodology
V. Preliminary Affirmative Determination of Critical Circumstances
VI. Adjustment Under Section 777(A)(F) of the Act
VII. Adjustments to Cash Deposit Rates for Export Subsidies in the Companion Countervailing Duty Investigation
VIII. Recommendation
Appendix III
Companies Preliminarily Determined To Be Part of the China-Wide Entity
1. GDH Zhongyue Tinplate Industrial Company Limited
1.
See Tin Mill Products from the People's Republic of China, Taiwan, and the Republic of Türkiye: Initiation of Less-Than-Fair-Value
Investigations,
91 FR 24157 (May 5, 2026) (
Initiation Notice).
2.
See
Memorandum, “Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Tin Mill Products from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).
5.
See
Memorandum, “Antidumping and Countervailing Duty Investigations of Tin Mill Products from the People's Republic of China, Taiwan, and the Republic of Türkiye: Preliminary Scope Decision Memorandum,” dated September 8, 2026 (Preliminary Scope Decision Memorandum).
7.
See
Enforcement and Compliance's Policy Bulletin No. 05.1, regarding, “Separate-Rates Practice and Application of Combination Rates in Antidumping Investigations involving Non-Market Economy Countries,” (April 5, 2005) (Policy Bulletin 05.1), available on Commerce's website at
www.trade.gov/​enforcement-and-compliance-policy-bulletins-0.
8.
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).
Use this for formal legal and research references to the published document.
91 FR 59760
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Tin Mill Products From the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Affirmative Determination of Critical Circumstances and Extension of Provisional Measures,” thefederalregister.org (September 21, 2026), https://thefederalregister.org/documents/2026-19274/tin-mill-products-from-the-people-s-republic-of-china-preliminary-affirmative-determination-of-sales-at-less-than-fair-v.