Notice2022-26716
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2020-2021
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
December 8, 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, 2020, through April 30, 2021. 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 235 (Thursday, December 8, 2022)</title>
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[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75219-75221]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26716]
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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; 2020-2021
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, 2020, through April 30, 2021.
Additionally, Commerce determines that a company for which we initiated
a review had no shipments during the POR.
DATES: Applicable December 8, 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 11 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. One
company, Lyman Steel Company (Lyman), reported having no shipments
during the POR, see ``Determination of No Shipments'' section below.
The remaining producers and/or exporters not selected for individual
examination are listed in the ``Final Results of the Review'' section
of this notice.
On June 6, 2022, Commerce published the Preliminary Results.\1\ In
July 2022, certain of the petitioners,\2\ NVR, and OTS submitted case
and rebuttal briefs.\3\ On September 15, 2022, we extended the deadline
for the final results until December 2, 2022.\4\ For a description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\5\
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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; 2020-2021, 87 FR
34246 (June 6, 2022) (Preliminary Results).
\2\ Nucor Corporation.
\3\ See Petitioner's Letter, ``Nucor's Case Brief as to NLMK
Verona, S.p.A.,'' dated July 6, 2022; NVR's Letter, ``Case Brief,''
dated July 6, 2022; OTS's Letter, ``OTS's Case Brief,'' dated July
6, 2022; Petitioner's Letter, ``Nucor's Rebuttal Brief,'' dated July
15, 2022; and NVR's Letter, ``Rebuttal Brief,'' dated July 15, 2022.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
2020-2021 Antidumping Duty Administrative Review,'' dated September
15, 2022.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 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.\6\
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\6\ For a full description of the scope of the order, see Issues
and Decision Memorandum.
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Verification
Commerce was unable to conduct on-site verification of the
information relied upon for the final results of this review. However,
we took additional steps in lieu of an on-site verification to verify
this information, in accordance with section 782(i) of the Act.\7\
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\7\ See Commerce's Letters, ``In Lieu of Verification
Questionnaire for NVR and OTS,'' dated June 6, 2022; see also NVR's
Letter, ``NVR's Response to In Lieu of On-Site Verification
Questionnaire,'' dated June 13, 2022; and OTS's Letter,
``Administrative Review In Lieu of Verification Questionnaire
Response, dated June 13, 2022.
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[[Page 75220]]
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="https://access.trade.gov">https://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.
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.\8\
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\8\ 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 certain
changes to the preliminary weighted-average margin calculations for NVR
and those companies not selected for individual review.\9\
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\9\ 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 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, when calculating margins for non-selected respondents,
Commerce looks to section 735(c)(5) of the Act for guidance, which
provides instructions for calculating the all-others rate in an
investigation. Section 735(c)(5)(A) of the Act provides that when
calculating the all-others rate, Commerce will exclude any zero and de
minimis weighted-average dumping margins, as well as any weighted-
average dumping margins based on total facts available. Accordingly,
Commerce's usual practice has been to average the margins for selected
respondents, excluding margins that are zero, de minimis, or based
entirely on facts available. In this review, in accordance with section
735(c)(5)(A) of the Act, Commerce assigned 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 to the non-selected companies in these final results, based
on their publicly ranged sales data.\10\
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\10\ See Memorandum, ``Calculation of the Cash Deposit Rate for
Non-Reviewed Companies,'' dated May 31, 2022 (Non-Reviewed Company
Calculation Memorandum).
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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, 2020, through April 30,
2021:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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NLMK Verona SpA............................................. 1.47
Officine Tecnosider s.r.l................................... 20.44
Arvedi Tubi Acciaio......................................... 4.43
C.M.T. Construzioni Meccaniche di Taglione Emilio & C. S.a.s 4.43
O.ME.P SpA.................................................. 4.43
Ofar SpA.................................................... 4.43
Officine Meccaniche M.A.M. s.r.l............................ 4.43
Sesa SpA.................................................... 4.43
SZ Acroni D.o.o............................................. 4.43
Tim-Cop Doo Temerin......................................... 4.43
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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 shall determine, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review.
Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the
entered value of its U.S. sales, 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 for which entered value was reported. Where the respondent
did not report entered value, 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 rates
calculated for NVR and OTS, excluding any rates that are zero, de
minimis, or determined entirely based on adverse facts available.\11\
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.\12\
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\11\ This rate was calculated as discussed in the Section,
``Rate for Non-Selected Respondents,'' above. See also Non-Reviewed
Company Calculation Memorandum.
\12\ 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
[[Page 75221]]
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 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.\13\
These cash deposit requirements, when imposed, shall remain in effect
until further notice.
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\13\ 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.
Dated: December 2, 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. Changes Since the Preliminary Results
V. Discussion of Issues
NVR-Specific Issues
Comment 1: NVR's Direct Material Costs (DIRMAT)
Comment 2: NVR's Change in Inventory Adjustment
Comment 3: Whether Commerce Should Apply the Transactions
Disregarded Rule to the Cost of Services NVR Obtained from Certain
Affiliated Parties
Comment 4: Whether Commerce Should Deny NVR's Claimed Offset to
Its Reported General and Administrative (G&A) Expense Calculation
Comment 5: Whether Commerce Should Deny NVR's Claimed Offsets to
Its Reported Interest Expenses
Comment 6: Whether Section 232 Duties Should be Deducted From
U.S. Price
OTS-Specific Issues
Comment 7: Whether Commerce Should Use the Quarterly Cost
Averaging Methodology for OTS
Comment 8: Whether Commerce Should Depart From the 90/60
Contemporaneous Period Methodology
VI. Recommendation
[FR Doc. 2022-26716 Filed 12-7-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 8, 2022.
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