Notice2023-01331
Certain Carbon and Alloy Steel Cut-to-Length Plate From the Federal Republic of Germany: Recission of Antidumping 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
January 24, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on certain carbon and alloy steel cut-to-length plate (CTL plate) from the Federal Republic of Germany (Germany), covering the period of review (POR) May 1, 2021, through April 30, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 15 (Tuesday, January 24, 2023)</title>
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[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4154-4155]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01331]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-844]
Certain Carbon and Alloy Steel Cut-to-Length Plate From the
Federal Republic of Germany: Recission of Antidumping Administrative
Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the
administrative review of the antidumping duty order on certain carbon
and alloy steel cut-to-length plate (CTL plate) from the Federal
Republic of Germany (Germany), covering the period of review (POR) May
1, 2021, through April 30, 2022.
DATES: Applicable January 24, 2023.
FOR FURTHER INFORMATION CONTACT: Paul Gill, AD/CVD Operations, Office
IX, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-5673.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2022, Commerce published in the Federal Register a notice
of opportunity to request an administrative review of the antidumping
duty order on CTL plate from Germany, covering the POR.\1\ On May 31,
2022, Cleveland-Cliffs Steel LLC, Nucor Corporation, and SSAB
Enterprises, LLC (collectively, the petitioners) timely requested that
Commerce conduct an administrative review.\2\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2,
2022).
\2\ See Petitioners' Letter, ``Request for Administrative
Review,'' dated May 31, 2022.
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On July 14, 2022, Commerce published in the Federal Register a
notice of initiation of an administrative review with respect to AG der
Dillinger H[uuml]ttenwerke (Dillinger) in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).\3\ On July 15,
2022, Commerce released U.S. Customs and Border Protection (CBP) entry
data for the POR to all interested parties.\4\ On July 19, 2022,
Dillinger, the only company subject to this review, filed a no-
shipments certification, stating that it did not have any exports,
sales, or entries of CTL plate for consumption in the United States
during the POR.\5\
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\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144, 42147 (July 14, 2022).
\4\ See Memorandum, ``Release of Customs Entry Data from U.S.
Customs and Border Protection (CBP),'' dated July 15, 2022.
\5\ See Dillinger's Letter, ``Notice of No Sales,'' dated July
19, 2022.
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On August 4, 2022, Commerce requested entry documentation from
CBP,\6\ which it placed on the record of this administrative review on
October 18, 2022.\7\ On October 26, 2022, Dillinger requested
additional guidance regarding the information contained in the CBP
Entry Documents Memorandum, which Commerce provided on October 28,
2022.\8\ On November 7, 2022, Dillinger submitted comments on the CBP
Entry Documents Memorandum, as well as additional information Commerce
requested in its October 28, 2022, letter.\9\
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\6\ See Memorandum, ``Request for Entry Documentation,'' dated
August 4, 2022.
\7\ See Memorandum, ``Notification of Receipt of U.S. Entry
Documents,'' dated October 18, 2022 (CBP Entry Documents
Memorandum).
\8\ See Dillinger's Letter, ``Request for Extension of Comment
Period for Entry Documents and for Guidance on the Disclosure of
Entry Information,'' dated October 26, 2022; and Commerce's Letter,
Guidance for the CBP Entry Documents Memorandum, dated October 28,
2022.
\9\ See Dillinger's Letters, ``Comments on Entry Documents,''
dated November 7, 2022; and ``Response to Request for Invoice
Data,'' dated November 7, 2022.
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On December 28, 2022, Commerce found that the information Dillinger
provided demonstrated that it had no U.S. sales of subject merchandise
during the POR; therefore, Commerce notified interested parties of its
intent to rescind the review of Dillinger because the company did not
have a reviewable, suspended entry of subject merchandise during the
POR.\10\ Commerce also provided parties an opportunity to submit
comments, including factual information, to demonstrate whether there
were reviewable entries during the POR for Dillinger.\11\ On January 4,
2023, only Dillinger filed comments regarding Commerce's intent to
rescind this review, agreeing that Commerce should rescind the
review.\12\
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\10\ See Memorandum, ``Notice of Intent to Rescind Review,''
dated December 28. 2022.
\11\ Id.
\12\ See Dillinger's Letter, ``Comments on Notice of Intent to
Rescind Review,'' dated January 4, 2023.
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Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order where it
concludes that there were no reviewable entries of subject merchandise
during the POR for an exporter or producer.\13\
[[Page 4155]]
Normally, upon completion of an administrative review, the suspended
entries are liquidated at the antidumping duty assessment rate for the
review period.\14\ Therefore, for an administrative review to be
conducted, there must be a reviewable, suspended entry that Commerce
can instruct CBP to liquidate at the calculated antidumping duty
assessment rate for the review period.\15\ As noted above, there were
no entries of subject merchandise from Dillinger during the POR.
Accordingly, in the absence of reviewable, suspended entries of subject
merchandise during the POR, we are rescinding this administrative
review for Dillinger in accordance with 19 CFR 351.213(d)(3).
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\13\ See, e.g., Welded Line Pipe from the Republic of Turkey:
Rescission of the Antidumping Duty Administrative Review; 2019-2020,
87 FR 27988 (May 10, 2022).
\14\ See 19 CFR 351.212(b)(2).
\15\ See 19 CFR 351.212(d)(3).
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Assessment
Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Because Commerce is rescinding this review in its
entirety, the entries to which this administrative review pertained
shall be assessed at rates 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).
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of this rescission notice in
the Federal Register.
Cash Deposit Requirements
As Commerce has proceeded to a final rescission of this
administrative review, no cash deposit rates will change. Accordingly,
the current cash deposit requirements shall remain in effect until
further notice.
Administrative Protective Order
This notice serves as a final reminder to parties subject to an
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, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
the APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with regulations and terms of an APO is a
violation, which is subject to sanction.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4).
Dated: January 19, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2023-01331 Filed 1-23-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 24, 2023.
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