Notice2022-02280
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 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
February 4, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), May 1, 2019, through April 30, 2020. Additionally, Commerce determines that a company for which we initiated a review had no shipments during the POR.
Full Text
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<title>Federal Register, Volume 87 Issue 24 (Friday, February 4, 2022)</title>
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[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6485-6487]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02280]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR), May 1, 2019, through April 30, 2020.
Additionally, Commerce determines that a company for which we initiated
a review had no shipments during the POR.
DATES: Applicable February 4, 2022.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or David Crespo, 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) 482-4682 or (202)
482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers ten producers and/or exporters of the subject
merchandise. Commerce selected two companies, NLMK Verona SpA (NVR) and
Officine Tecnosider s.r.l. (OTS), for individual examination. The
producers and/or exporters not selected for individual examination are
listed in the ``Final Results of the Review'' section of this notice.
On August 4, 2021, Commerce published the Preliminary Results.\1\
In September 2021, certain of the petitioners \2\ and NVR submitted
case and rebuttal briefs. On November 30, 2021, we extended the
deadline for the final results by 57 days, until January 28, 2022.\3\
For a description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\
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\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Italy: Preliminary Results of Antidumping Duty Administrative Review
and Preliminary Determination of No Shipments; 2019-2020, 86 FR
41953 (August 4, 2021) (Preliminary Results).
\2\ Nucor Corporation.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
2019-2020 Antidumping Duty Administrative Review,'' dated November
30, 2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019-2020 Administrative Review of the
Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-To-
Length Plate from Italy,'' dated concurrently with, and hereby
adopted by, these results (Issues and Decision Memorandum).
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Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the order are certain carbon and alloy
steel hot-rolled or forged flat plate products not in coils, whether or
not painted, varnished, or coated with plastics or other non-metallic
substances from Italy. Products subject to the order are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030,
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the merchandise subject to this scope is dispositive.\5\
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\5\ For a full description of the scope of the order, see Issues
and Decision Memorandum.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. The Issues and 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Determination of No Shipments
As noted in the Preliminary Results, we received a no-shipment
claim from one company involved in this administrative review, Lyman
Steel Company (Lyman). In the Preliminary Results, we preliminarily
determined that Lyman had no reviewable transactions during the POR. We
received no comments from interested parties with respect to this
claim. Therefore, because the record indicates that this company did
not export subject merchandise to the United States during the POR, we
continue to find that Lyman had no reviewable transactions during the
POR. Accordingly, consistent with Commerce's practice, we intend to
instruct U.S. Customs and Border Protection (CBP) to liquidate any
existing entries of merchandise produced by Lyman, but exported by
other parties, at the rate for the intermediate reseller, if available,
or at the all-others rate.\6\
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\6\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made changes
to the preliminary weighted-average margin calculations for OTS, NVR,
and those companies not selected for individual review.\7\
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\7\ See Issues and Decision Memorandum.
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Rate for Non-Selected Respondents
The Act and Commerce's regulations do not address the establishment
of a
[[Page 6486]]
rate to be applied to companies not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review. Under
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an
amount equal to the weighted-average of the estimated weighted-average
dumping margins established for exporters and producers individually
investigated, excluding any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
In this review, we have calculated a weighted-average dumping
margin for the non-selected companies by using the weighted-average
calculated rates of the mandatory respondents, NVR and OTS, which are
not zero, de minimis, or determined entirely on the basis of facts
available.\8\ For these final results, we have calculated a weighted-
average dumping margin for OTS that is zero. Accordingly, we have
assigned to the companies not individually examined the weighted-
average dumping margin calculated for NVR.
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\8\ See section 735(c)(5)(A) of the Act.
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Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period May 1, 2019, through April 30,
2020:
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Weighted-average
Exporters/producers dumping margin
(percent)
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NLMK Verona SpA..................................... 1.57
Officine Tecnosider s.r.l........................... 0.00
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Rate Applicable to the Following Non-Selected Companies:
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Arvedi Tubi Acciaio................................. 1.57
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C.M.T. Construzioni Meccaniche di Taglione Emilio & 1.57
C. S.a.s...........................................
MAM s.r.1........................................... 1.57
O.ME.P SpA.......................................... 1.57
Ofar SpA............................................ 1.57
Sesa SpA............................................ 1.57
Tim-Cop Doo Temerin................................. 1.57
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to parties in this review
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review.
Where the respondent did not report entered value or reported
amounts based on estimated data, we calculated the entered value in
order to calculate the assessment rate. Where either the respondent's
weighted-average dumping margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
For the companies that were not selected for individual review, we
will assign an assessment rate based on the cash deposit rate
calculated for NVR.\9\ The final results of this review shall be the
basis for the assessment of antidumping duties on entries of
merchandise covered by the final results of this review and for future
deposits of estimated duties, where applicable.\10\
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\9\ This rate was calculated as discussed in the Section, ``Rate
for Non-Selected Respondents,'' above.
\10\ See section 751(a)(2)(C) of the Act.
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Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by companies included in
these final results of review for which the reviewed companies did not
know that the merchandise they sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, 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. As indicated above, for
Lyman, we will instruct CBP to liquidate any existing entries of
merchandise produced by Lyman, but exported by other parties, at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of 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 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 for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be that established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
investigated companies not participating in this review, the cash
deposit will continue to be the
[[Page 6487]]
company-specific rate published for the most recently completed segment
of this proceeding; (3) if the exporter is not a firm covered in this
review, or the original less-than-fair-value (LTFV) investigation, but
the manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 6.08 percent, the all-others rate
established in the LTFV investigation.\11\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\11\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea, and Taiwan, and Antidumping Duty
Orders, 82 FR 24096, 24098 (May 25, 2017).
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Notification to Importers
This notice 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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition 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 return/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 sanctionable
violation.
Notification to Interested Parties
This notice is being issued in accordance with sections 751(a)(1)
and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: January 28, 2022.
Lisa W. Wang,
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. Margin Calculations
V. Discussion of the Issues
Comment 1: NVR's Major Input Rule
Comment 2: Whether Commerce Should Adjust NVR's Total Cost of
Manufacturing (TOTCOM) Calculation for Unsupported Adjustments in
Its Overall Reconciliation
Comment 3: NVR's General and Administrative (G&A) Expense
Calculation
Comment 4: NVR's Interest Income Calculation
Comment 5: Whether Section 232 Duties Should be Deducted From
U.S. Price
Comment 6: Section 232 Duties Calculation for NVR
VI. Recommendation
[FR Doc. 2022-02280 Filed 2-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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