Notice2023-11840
Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy: Preliminary Results of Antidumping Duty Administrative Review and Rescission in Part; 2021-2022
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
June 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that sales of subject merchandise were made at less than normal value (NV) during the period of review (POR), May 1, 2021, through April 30, 2022. We are also rescinding this review with respect to Officine Tecnosider s.r.l. (OTS). We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 107 (Monday, June 5, 2023)</title>
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[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36534-36535]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11840]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy:
Preliminary Results of Antidumping Duty Administrative Review and
Rescission in Part; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sales of subject merchandise were made at less than
normal value (NV) during the period of review (POR), May 1, 2021,
through April 30, 2022. We are also rescinding this review with respect
to Officine Tecnosider s.r.l. (OTS). We invite interested parties to
comment on these preliminary results.
DATES: Applicable June 5, 2023.
FOR FURTHER INFORMATION CONTACT: Nathan Araya, 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) 482-3401.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2022, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order \1\ on certain carbon and alloy
steel cut-to-length plate (CTL plate) from Italy with respect to two
producers/exporters of the subject merchandise, NLMK Verona S.p.A (NVR)
and OTS.\2\
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\1\ 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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
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On January 3, 2023, Commerce extended the preliminary results of
this review to no later than May 31, 2023.\3\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\4\
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\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
January 3, 2023.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel Cut-to-Length Plate
from Italy,'' (Preliminary Decision Memorandum) dated concurrently
with, and hereby adopted by, this notice.
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Scope of the Order <SUP>5</SUP>
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\5\ See Order.
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The merchandise subject to the Order is certain carbon and alloy
steel cut-to-length plate from Italy. For a complete description of the
scope of the Order, see the 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).
Constructed 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.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from Cleveland-Cliffs Steel LLC, Nucor
Corporation, and SSAB Enterprises, LLC (collectively, the petitioners)
on October 12, 2022, withdrawing its request for a review of OTS.\6\
Because the withdrawal request was timely filed, and no other party
requested a review of this company, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review of the Order with
respect to OTS.
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\6\ See Petitioners' Letter, ``Withdrawal of Request for
Administrative Review,'' dated October 12, 2022.
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Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period May 1, 2021, through April 30,
2022:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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NLMK Verona S.p.A........................................... 15.88
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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.\7\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\8\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the deadline for filing case briefs.\9\ Parties who submit case
or rebuttal briefs are requested to submit with each argument: (1) a
statement of the issue; (2) a brief summary of the arguments; and (3) a
table of authorities.\10\ Case and rebuttal briefs should be filed
using ACCESS \11\ and must be served on interested parties.\12\
Executive summaries should be limited to five pages total, including
footnotes. Note that Commerce has temporarily modified certain aspects
of
[[Page 36535]]
its requirements for serving documents containing business proprietary
information, until further notice.\13\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
\13\ 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.\14\ Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\15\ Parties are reminded that all
briefs and hearing requests must be filed electronically using ACCESS
and received successfully in their entirety by 5 p.m. Eastern Time on
the due date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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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.\16\
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\16\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the final results, Commerce shall determine, and
U.S. Customs and Border Protection (CBP) shall assess, antidumping
duties on all appropriate entries.\17\ Pursuant to 19 CFR
351.212(b)(1), if NVR's weighted-average dumping margin is not zero or
de minimis (i.e., less than 0.5 percent) in the final results of this
review, we will calculate importer-specific assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales. If NVR'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.
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\17\ See 19 CFR 351.212(b).
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by NVR for
which the company did not know that the merchandise was destined for
the United States, we will instruct CBP to liquidate those entries at
the all-others rate established in the original less-than-fair-value
(LTFV) investigation (6.08 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.\18\
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\18\ 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).
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 the companies
listed above 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 reviewed or investigated companies not covered in
this review, the cash deposit rate will continue to be the company-
specific cash deposit rate published for the most recently completed
segment in which the company was reviewed; (3) if the exporter is not a
firm covered in this review, a prior review, or the original LTFV
investigation, but the producer is, then the cash deposit rate will be
the cash deposit rate established for the most recently completed
segment of this proceeding for the producer of the merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 6.08 percent, the all-others rate established in the
LTFV investigation.\19\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\19\ See Order.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 doubled 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 26, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-11840 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 5, 2023.
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