Notice2022-26730
Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium: Final Results of Antidumping Duty Administrative Review; 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 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that Industeel Belgium S.A. (Industeel) made sales of subject merchandise at less than normal value during the period of review (POR), May 1, 2020, through April 30, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 236 (Friday, December 9, 2022)</title>
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[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75591-75592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26730]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-812]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium:
Final Results of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
Industeel Belgium S.A. (Industeel) made sales of subject merchandise at
less than normal value during the period of review (POR), May 1, 2020,
through April 30, 2021.
DATES: Applicable December 9, 2022.
FOR FURTHER INFORMATION CONTACT: Alex Wood or Ann Marie Caton, 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 and (202) 482-2607,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2022, Commerce published the Preliminary Results.\1\ On
August 1, 2022, we extended the deadline for the final results until
December 2, 2022.\2\ On October 6, 2022, we released the final
verification report and invited parties to comment on the Preliminary
Results.\3\ Also in October 2022, we received a case brief from Nucor
Corporation (the petitioner) and a rebuttal brief from Industeel.\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
Belgium: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Review; 2020-2021, 87 FR 34244 (June 6, 2022)
(Preliminary Results).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
2020-2021 Antidumping Duty Administrative Review,'' dated August 1,
2022.
\3\ See Memorandum, ``Verification of Industeel Belgium S.A.,''
dated October 4, 2022; see also Memorandum, ``Briefing Schedule for
the Final Results,'' dated October 6, 2022.
\4\ See Petitioner's Letter, ``Nucor's Case Brief,'' dated
October 13, 2022; see also Industeel's Letter, ``Industeel's
Rebuttal Brief,'' dated October 24, 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 Belgium,'' dated concurrently with, and hereby
adopted by, this notice (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 nonmetallic
substances from Belgium. Products subject to the order are currently
classified in the Harmonized Tariff Schedule on 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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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>.
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
Industeel.\7\
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\7\ See Issues and Decision Memorandum.
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Final Results of the Review
We are assigning the following weighted-average dumping margin to
Industeel for the period May 1, 2020, through April 30, 2021:
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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Industeel Belgium S.A...................................... 1.14
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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 U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all
[[Page 75592]]
appropriate entries of subject merchandise in accordance with the final
results of this review.
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.
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.\8\
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\8\ 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 Industeel in these final
results of review for which Industeel 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 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 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 5.40
percent, the all-others rate established in the LTFV investigation.\9\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\9\ 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 and published 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
Comment 1: Application of Facts Available to Home Market Inland
Freight
Comment 2: Adjustment to Scrap Offset
Comment 3: Adjustments to General and Administrative Expense
Ratio
VI. Recommendation
[FR Doc. 2022-26730 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-DS-P
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