Notice2021-14562
Certain Cold-Rolled Steel Flat Products From the United Kingdom: Preliminary Results of Antidumping Duty Administrative Review; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 8, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily finds that the sole producer/exporter subject to this administrative review, Liberty Performance Steels, Ltd. (Liberty), made sales of certain cold- rolled steel flat products (CR steel) at less than normal value (NV) during the period of review (POR) September 1, 2019, through August 31, 2020. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 128 (Thursday, July 8, 2021)</title>
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[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36095-36096]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14562]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-412-824]
Certain Cold-Rolled Steel Flat Products From the United Kingdom:
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
the sole producer/exporter subject to this administrative review,
Liberty Performance Steels, Ltd. (Liberty), made sales of certain cold-
rolled steel flat products (CR steel) at less than normal value (NV)
during the period of review (POR) September 1, 2019, through August 31,
2020. We invite interested parties to comment on these preliminary
results.
DATES: Applicable July 8, 2021.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, 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) 482-3477.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2016, we published in the Federal Register an
antidumping duty (AD) order on CR steel from the United Kingdom.\1\ On
September 1, 2020, we published in the Federal Register a notice of
opportunity to request an administrative review of the Order.\2\ On
October 30, 2020, based on timely requests for an administrative
review, we initiated an administrative review of one company,
Liberty.\3\ On May 17, 2021, we extended the preliminary results by 30
days, to no later than July 2, 2021.\4\
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\1\ See Certain Cold-Rolled Steel Flat Products from Brazil,
India, the Republic of Korea, and the United Kingdom: Amended Final
Affirmative Antidumping Determinations for Brazil and the United
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20,
2016) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 85 FR 54349 (September 1, 2020).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 68840 (October 30, 2020) (Initiation
Notice).
\4\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
from the United Kingdom: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2019-2020,''
dated May 17, 2021.
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Scope of the Order
The products covered by the antidumping duty Order are CR steel
products. A full description of the scope of the Order is contained in
the Preliminary Decision Memorandum.\5\
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\5\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products
from the United Kingdom: Decision Memorandum for Preliminary Results
of Antidumping Duty Administrative Review; 2019-2020,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Methodology
Commerce conducted this review in accordance with section 751(a)(2)
of the Tariff Act of 1930, as amended (the Act). Constructed export
price is calculated in accordance with section 772 of the Act. NV is
calculated in accordance with section 773 of the Act. For a full
description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is
a public document and is available to the public via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the
Preliminary Decision Memorandum can be found at <a href="https://enforcement.trade.gov/frn/">https://enforcement.trade.gov/frn/</a>. A list of the topics discussed in the
Preliminary Decision Memorandum is attached as an appendix to this
notice.
Preliminary Results of the Administrative Review
We preliminarily determine that the following weighted-average
dumping margin exists for Liberty for the period September 1, 2019,
through August 31, 2019:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Liberty Performance Steels, Ltd............................ 8.65
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Disclosure and Public Comment
We intend to disclose the calculations performed for the
preliminary results of this administrative review to parties within
five days after public announcement or publication of the preliminary
results in accordance with 19 CFR 351.224(b).
Case briefs or other written comments on non-scope issues may be
submitted to the Assistant Secretary for Enforcement and Compliance.
Interested parties will be notified of the timeline for the submission
of such case briefs and written comments at a later date. Rebuttal
briefs, limited to issues raised in the case briefs, may be filed no
later than seven days after the date for filing case briefs.\6\ Parties
who submit case briefs or rebuttal briefs in this proceeding are
encouraged to submit with each argument: (1) A statement of the issue;
(2) a brief summary of the argument; and (3) a table of authorities.
Case and rebuttal briefs should be filed using ACCESS \7\ and must be
served on interested parties.\8\
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\6\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect).'')
\7\ See 19 CFR 351.303 (for general filing requirements).
\8\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. If a request for a hearing
is made, Commerce intends to hold the hearing at a time and date to be
determined. Parties should confirm the date, time, and location of the
hearing two days before the scheduled date.
Commerce has modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\9\ An electronically filed hearing request must be received
successfully in its entirety by Commerce's electronic records system,
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\10\
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\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\10\ See 19 CFR 351.310(c).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, no later than 120 days after the date of
publication of this notice, unless
[[Page 36096]]
extended, pursuant to section 751(a)(3)(A) of the Act.
Verification
On November 23, 2020, AK Steel Corporation (the petitioners)
requested, pursuant to 19 CFR 351.307(b)(1)(v), that Commerce conduct
verification of the questionnaire responses submitted in this
administrative review by Liberty.\11\ Commerce is currently unable to
conduct on-site verification of the information relied upon in making
its final results of this administrative review. Accordingly, we intend
to take additional steps in lieu of on-site verification to verify the
information. Commerce will notify interested parties of any additional
documentation or information required.
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\11\ See Petitioner's Letter, ``Cold-Rolled Steel Flat Products
from the United Kingdom/Request for Verification,'' dated November
23, 2020.
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Assessment Rate
Upon issuing the final results, Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries covered by this review.\12\ If the respondent's
weighted-average dumping margin is not zero or de minimis (i.e., less
than 0.50 percent) in the final results of this review, we intend to
calculate an importer-specific assessment rate on the basis of the
ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of those sales in accordance
with 19 CFR 351.212(b)(1).\13\ If the respondent's weighted-average
dumping margin is zero or de minimis in the final results, or an
importer-specific assessment rate is zero or de minimis, then we intend
to instruct CBP to liquidate the appropriate entries without regard to
antidumping duties. The final results of this administrative review
shall be the basis for the assessment of antidumping duties on entries
of merchandise under review and for future deposits of estimated
duties, where applicable.
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\12\ See 19 CFR 351.212(b)(1).
\13\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty Proceedings; Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
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For entries of subject merchandise during the POR produced by
Liberty for which it did not know its merchandise was destined for the
United States, we intend to instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
We intend to issue liquidation instructions to CBP no earlier than
35 days after publication of the final results of this review in the
Federal Register. If a timely summons is filed at the U.S. Court of
International Trade, the liquidation instructions will direct CBP not
to liquidate relevant entries until the time for parties to file a
request for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following deposit requirements for estimated antidumping duties
will be effective upon publication of the notice of final results of
this review for all shipments of CR steel from the United Kingdom
entered, or withdrawn from warehouse, for consumption on or after the
date of publication as provided by section 751(a)(2) of the Act: (1)
The cash deposit rate for Liberty, subject to this review, will be
equal to the weighted-average dumping margin established in the final
results of the review; (2) for merchandise exported by a company not
covered in this review but covered in a prior completed segment of the
proceeding, the cash deposit rate will continue to be the company-
specific cash deposit rate published for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior completed
review, or the original less-than-fair-value (LTFV) investigation but
the producer has been covered in a completed segment of this
proceeding, then the cash deposit rate will be the company-specific
cash deposit cash deposit rate established for the most recent period
for the producer of the merchandise; (4) the cash deposit rate for all
other producers or exporters will continue to be 22.58 percent,\14\ the
all-others rate established in the LTFV investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\14\ See Order, 81 FR at 64434.
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
Commerce is issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).
Dated: July 1, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021-14562 Filed 7-7-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on July 8, 2021.
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