Notice2021-18088
Certain Hot-Rolled Steel Flat Products From Australia: Final Results of Antidumping Duty Administrative Review and Final Rescission of Review, in Part; 2018-2019
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
August 23, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that sales of certain hot-rolled steel flat products (hot-rolled steel) from Australia were made at less than normal value during the period of review (POR), October 1, 2018, through September 30, 2019.
Full Text
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<title>Federal Register, Volume 86 Issue 160 (Monday, August 23, 2021)</title>
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[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47054-47055]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18088]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-809]
Certain Hot-Rolled Steel Flat Products From Australia: Final
Results of Antidumping Duty Administrative Review and Final Rescission
of Review, in Part; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that sales of
certain hot-rolled steel flat products (hot-rolled steel) from
Australia were made at less than normal value during the period of
review (POR), October 1, 2018, through September 30, 2019.
DATES: Applicable August 23, 2021.
FOR FURTHER INFORMATION CONTACT: Allison Hollander, 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) 482-2805.
SUPPLEMENTARY INFORMATION:
Background
On February 23, 2021, Commerce published the Preliminary Results of
the 2018-2019 administrative review of the antidumping duty order on
hot-rolled steel from Australia in the Federal Register.\1\ This review
covers one producer/exporter of subject merchandise, the collapsed
entity, BlueScope Steel (AIS) Pty Ltd., BlueScope Steel Ltd., and
BlueScope Steel Distribution Pty Ltd. (collectively, BlueScope). We
invited interested parties to comment on the Preliminary Results and
received case and rebuttal briefs.\2\ On May 18, 2021, Commerce
extended the deadline for the final results of review by 60 days to no
later than August 20, 2021.\3\ A complete summary of the events that
occurred since publication of the Preliminary Results is found in the
Issues and Decision Memorandum.\4\ Commerce conducted this review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Act).
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\1\ See Certain Hot-Rolled Steel Flat Products from Australia:
Preliminary Results of Antidumping Duty Administrative Review and
Intent To Rescind Review, in Part; 2018-2019 86 FR 10923 (February
23, 2021) (Preliminary Results), and accompanying Preliminary
Decision Memorandum.
\2\ The petitioners in this review are United States Steel
Corporation, AK Steel Corporation, ArcelorMittal USA LLC, Nucor
Corporation, Steel Dynamics, Inc. See Petitioners' Letter, ``Hot-
Rolled Steel Flat Products from Australia: Petitioners' Case
Brief,'' dated March 25, 2021; see also BlueScope's Letter, ``Case
Brief of BlueScope Steel Ltd: Certain Hot-Rolled Steel Products from
Australia,'' dated March 25, 2021; the Petitioners' Letter, ``Hot-
Rolled Steel Flat Products from Australia: Petitioners' Rebuttal
Brief,'' dated April 6, 2021; and BlueScope's Letter, ``Rebuttal
Brief of BlueScope Steel Ltd: Certain Hot-Rolled Steel Products from
Australia,'' dated April 6, 2021.
\3\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from Australia: Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2018-2019,'' dated May 18,
2021.
\4\ See Memorandum, ``Hot Rolled Steel Flat Products from
Australia: Decision Memorandum for Final Results of Antidumping Duty
Administrative Review; 2018-2019,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order
The products covered by this Order \5\ are hot-rolled steel. A full
description of the scope of the Order is contained in the Issues and
Decision Memorandum.
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\5\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by
interested parties in this review are addressed in the Issues and
Decision Memorandum. A list of the issues that parties raised, and to
which we responded in the Issues and Decision Memorandum, follows as an
appendix to this notice. The Issues and Decision Memorandum is a public
document and is made 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 Issues
and Decision Memorandum is available at <a href="http://enforcement.trade.gov/frn/">http://enforcement.trade.gov/frn/</a>.
Rescission of Review in Part
As stated in the Preliminary Results, Commerce inadvertently
included as subject to the review, a U.S. company, i.e., AJU Steel USA
Inc., for which a review should not have been initiated. We received no
comments from interested parties with respect to Commerce's intent to
rescind the review with respect to AJU Steel USA Inc. Therefore, we are
rescinding this administrative review, in part, with respect to AJU
Steel USA Inc.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes for these final results of review.
Final Results of the Administrative Review
We determine that the following weighted-average dumping margin
exists for the period October 1, 2018, through September 30, 2019:
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Weighted-average
Exporter/producer dumping margin
(percent)
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BlueScope Steel (AIS) Pty Ltd, BlueScope Steel 9.94
Ltd., and BlueScope Steel Distribution Pty Ltd....
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Disclosure
We intend to disclose the calculations performed in connection with
these final results to parties in this proceeding within five days
after public announcement of the final results, in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR
351.212(b)(1),
[[Page 47055]]
Commerce will determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
For BlueScope, we calculated importer-specific assessment rates 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
same sales in accordance with 19 CFR 351.212(b)(1).\6\ Where an
importer-specific assessment rate is zero or de minimis, the entries by
that importer will be liquidated without regard to antidumping duties.
For entries of subject merchandise during the POR produced by BlueScope
for which it did not know the merchandise was destined for the United
States, we will 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.\7\
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\6\ In these final 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 Proceedings: Final Modification, 77 FR 8101,
8103 (February 14, 2012).
\7\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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For any suspended entries of hot-rolled steel from AJU Steel USA
Inc., we will instruct CBP to assess antidumping duties at the rate
equal to the cash deposit rate of estimated antidumping duties required
at the time of entry, or withdrawal from warehouse for consumption.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of these final results of
this review in the Federal Register. If a timely summons is filed at
the U.S. Court of International Trade, the assessment 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 cash deposit requirements will be effective upon
publication in the Federal Register of this notice for all shipments of
hot-rolled steel from Australia entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for
BlueScope will be equal to the weighted-average dumping margin
established in the final results of the review; (2) for merchandise
exported by producers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published in the
completed segment for the most recent period; (3) if the exporter is
not a firm covered in this review, a prior review, or the original
investigation but the producer has been covered in a prior completed
segment of this proceeding, then the cash deposit rate will be the rate
established in the completed segment 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 29.58 percent, the all-
others rate established in the less-than-fair-value investigation.\8\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\8\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016).
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Notification to Importers
This notice also serves as a final 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return or
destruction of APO materials, or conversion to judicial protective
order, is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing these results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act,
and 19 CFR 351.221.
Dated: August 17, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Reimbursement of Antidumping Duties
Comment 2: Calculation of Constructed Export Price Profit
Comment 3: Non-Prime Product Costs
Comment 4: Home-Market Price Adjustments
Comment 5: Calculation of Further Manufacturing Expenses
Comment 6: Calculation of Home-Market Movement Expenses
VI. Recommendation
[FR Doc. 2021-18088 Filed 8-20-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 23, 2021.
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