Notice2023-01562
Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy: Amended 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
January 26, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on certain carbon and alloy steel cut-to-length plate from Italy to correct a ministerial error. The period of review (POR) is May 1, 2020, through April 30, 2021.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 17 (Thursday, January 26, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 4967-4969]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-01562]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy:
Amended Final Results of Antidumping Duty Administrative Review; 2020-
2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
final results of the administrative review of the antidumping duty
order on certain carbon and alloy steel cut-to-length plate from Italy
to correct a ministerial error. The period of review (POR) is May 1,
2020, through April 30, 2021.
DATES: Applicable January 26, 2023.
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
On December 8, 2022, Commerce published the final results of this
administrative review.\1\ On December 16, 2022, Commerce disclosed its
calculations to interested parties and provided interested parties with
the opportunity to submit ministerial error comments.\2\ On December
20, 2022, NLMK Verona SpA (NVR), a mandatory respondent in this
administrative review, submitted an allegation of a ministerial error
in the Final Results.\3\ No other party made an allegation of a
ministerial error or provided rebuttal comments.
---------------------------------------------------------------------------
\1\ See 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, 87 FR 75219
(December 8, 2022) (Final Results).
\2\ See Memorandum, ``2020-2021 Antidumping Duty Administrative
Review of Certain Carbon and Alloy Steel Cut-To-Length Plate from
Italy,'' dated December 16, 2022.
\3\ See NVR's Letter, ``Ministerial Error Comments,'' dated
December 20, 2022.
---------------------------------------------------------------------------
Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended, (the Act)
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' With respect to final results of administrative reviews,
19 CFR 351.224(e) provides that Commerce ``will analyze any comments
received and, if appropriate, correct any ministerial error by amending
. . . the final results of review . . . .''
Ministerial Error
We agree with NVR that Commerce made a ministerial error in the
Final Results within the meaning of section 751(h) of the Act and 19
CFR 351.224(f) by inadvertently failing to update the program to use
the revised comparison market calculations, which resulted in an
incorrect margin calculation for NVR.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Ministerial Error Allegation,'' dated
concurrently with this notice.
---------------------------------------------------------------------------
Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending
the Final Results to reflect the correction of this ministerial error
in the calculation of the weighted-average dumping margin assigned to
NVR in the Final Results, which changes from 1.47 percent to 0.90
percent.\5\ Furthermore, we are amending the rate for the companies not
selected for individual examination in this review based on the
weighted average dumping margins calculated for the mandatory
respondents, which changes from 4.43 percent to 3.95 percent.\6\
---------------------------------------------------------------------------
\5\ Id.
\6\ See Memorandum, ``Amended Calculation of the Cash Deposit
Rate for Non-Examined Companies,'' dated concurrently with this
notice (Amended Non-Examined Company Calculation Memorandum).
---------------------------------------------------------------------------
Amended Final Results
As a result of correcting the ministerial error, Commerce
determines that the following weighted-average dumping margins exist
for the period May 1, 2020, through April 30, 2021:
[[Page 4968]]
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
NLMK Verona SpA............................................. 0.90
Arvedi Tubi Acciaio......................................... 3.95
C.M.T. Construzioni Meccaniche di Taglione Emilio & C. S.a.s 3.95
O.ME.P SpA.................................................. 3.95
Ofar SpA.................................................... 3.95
Officine Meccaniche M.A.M. s.r.l............................ 3.95
Sesa SpA.................................................... 3.95
SZ Acroni D.o.o............................................. 3.95
Tim-Cop Doo Temerin......................................... 3.95
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these amended final results of review to parties in
this review within five days after public announcement of the amended
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 amended 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
examination, we will assign an assessment rate based on the cash
deposit rates calculated for the mandatory respondents in this review,
i.e., NVR and Officine Tecnosider s.r.l (OTS), excluding any rates that
are zero, de minimis, or determined entirely based on adverse facts
available.\7\ For NVR and the non-selected respondents listed above,
the amended 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\
---------------------------------------------------------------------------
\7\ Id. The cash deposit rate for OTS remains unchanged from the
Final Results.
\8\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by companies included in
these amended 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.
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
amended final results of this administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the cash deposit rate for NVR and
the non-selected respondents listed above will be that established in
the amended 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.\9\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
Administrative Protective Order
This notice also serves as a 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
[[Page 4969]]
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(h) and
777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: January 19, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-01562 Filed 1-25-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on January 26, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.