Notice2022-12086
Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2020-2021
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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
June 6, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that Industeel Belgium S.A. (Industeel), a producer and exporter subject to this administrative review, made sales of subject merchandise at less than normal value (NV) during the period of review (POR) May 1, 2020, through April 30, 2021. Additionally, based on timely withdrawal of requests for review, we are rescinding this administrative review with respect to all other companies for which we initiatated an administrative review. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 108 (Monday, June 6, 2022)</title>
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[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34244-34246]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12086]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-812]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium:
Preliminary Results and Partial Rescission of Antidumping Duty
Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Industeel Belgium S.A. (Industeel), a producer and exporter
subject to this administrative review, made sales of subject
merchandise at less than normal value (NV) during the period of review
(POR) May 1, 2020, through April 30, 2021. Additionally, based on
timely withdrawal of requests for review, we are rescinding this
administrative review with respect to all other companies for which we
initiatated an administrative review. Interested parties are invited to
comment on these preliminary results.
[[Page 34245]]
DATES: Applicable June 6, 2022.
FOR FURTHER INFORMATION CONTACT: Alex Wood, 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) 482-1959.
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2021, based on timely requests for review in accordance
with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of an
administrative review of the antidumping duty order on certain carbon
and alloy steel cut-to-length plate from Belgium.\1\ This review covers
31 producers and/or exporters of the subject merchandise. Commerce
selected one company, Industeel, for individual examination. On October
4, 2021, Cleveland-Cliffs Steel LLC, Nucor Corporation, and SSAB
Enterprises, LLC (collectively, the petitioners) withdrew their
requests for an administrative review with respect to every company
except Industeel.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 38481 (July 6, 2021).
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On January 5, 2022, Commerce extended the preliminary results of
this review by 120 days, until May 31, 2022.\2\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\3\ A list of topics discussed
in the Preliminary Decision Memorandum is included at Appendix I 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 <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\2\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated
January 5, 2022.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2020-2021 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel Cut-To-Length Plate
from Belgium,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Partial Rescission
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of notice of initiation of the requested review. The
petitioners timely withdrew their request for an administrative review
with respect to each company listed in the Initiation Notice other than
Industeel. No other party requested a review of these companies.
Accordingly, we are rescinding this review, in part, with respect to
these companies, pursuant to 19 CFR 351.213(d)(1). The producers and/or
exporters for which we are rescinding the administrative review are
listed at Appendix II of this notice.
Scope of the Order
The products covered by the order are certain carbon and alloy
steel cut-to-length plate from Belgium. For a full description of the
scope of the order, see Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
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.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period May 1, 2020, through April 30,
2021:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Industeel Belgium S.A...................................... 1.15
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Verification
On October 14, 2021, the petitioners requested that Commerce
conduct verification of Industeel's responses.\4\ Accordingly, as
provided in section 782(i)(3) of the Act, we intend to verify
information relied upon for the final results of this review.
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\4\ See Petitioners' Letter, ``Request for Verification,'' dated
October 14, 2021.
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\5\ Case briefs
or other written comments may be submitted to Commerce. A timeline for
the submission of case briefs and written comments will be provided to
interested parties at a later date.\6\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\7\ 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.\8\ Case and rebuttal
briefs should be filed using ACCESS and must be served on interested
parties.\9\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\10\
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(ii).
\7\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\8\ See 19 CFR 351.309(c)(2) and (d)(2).
\9\ See 19 CFR 351.303.
\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\11\ Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues to be discussed. Issues raised in the hearing will
be limited to those raised in the respective case and rebuttal briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be determined.\12\ Parties should confirm
the date, time, and location of the hearing two days before the
scheduled date.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\13\
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\13\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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[[Page 34246]]
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\14\
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\14\ See 19 CFR 351.212(b).
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Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the examined sales to the total entered value
of the sales. 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.\15\
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\15\ See 19 CFR 351.106(c)(2).
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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.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Industeel for which
it did not know that the merchandise it 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 \16\ if there is no rate for the
intermediate company(ies) involved in the transaction.\17\
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\16\ 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) (CTL Plate Order).
\17\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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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).
For the companies for which the administrative review is rescinded,
we will instruct CBP to assess antidumping duties on all appropriate
entries at a rate equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i).
Cash Deposit Requirements
The following 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 Industeel will
be equal to the weighted-average dumping margin 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 rate will continue to be the company-specific cash
deposit rate published for the most recently completed segment; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original less-than-fair-value (LTFV) investigation, but the
producer is, then the cash deposit rate will be the cash deposit rate
established for the most recently completed segment for the producer of
the merchandise; and (4) the cash deposit rate for all other producers
or exporters will continue to be 5.40 percent, the all-others rate
established in the LTFV investigation.\18\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\18\ See CTL Plate Order, 82 FR 24098.
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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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
Appendix II
List of Companies for Which This Review Has Been Rescinded
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Producer/exporter
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A.G. der Dillinger Hutte.
BBC Chartering Belgium.
C.A. Picard GmbH.
Doerrenberg Edelstahl GmbH.
DMC Nobelclad Europe S.A.
Edgen Murray.
EEW Steel Trading LLC.
Erndtebrucker Eisenwerk GmbH & Co. KG.
Fike Europe B.A.
Industeel France S.A.S.
Logiudice Forni SRL.
Macsteel International.
Nialco S.A.
NLMK Clabecq S.A.
NLMK Dansteel A.S.
NLMK Plate Sales S.A.
NLMK Sales Europe S.A.
NLMK Manage Steel Center S.A.
NLMK La Louviere S.A.
NLMK Verona SpP.
NobelClad Europe GmbH & Co. KG.
RP Technik GmbH Profilsysteme.
Salzgitter Mannesmann International GmbH.
Stahlo Stahl Service GmbH & Co. KG.
Stemcor USA, Inc.
Thyssenkrupp Steel Europe AG.
TWF Treuhandgesellschaft Werbefilm mbH.
Tranter Service Centers.
Valcovny Trub Chomutov A.s.
Voestalpine Grobblech GmbH.
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[FR Doc. 2022-12086 Filed 6-3-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 6, 2022.
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