Notice2023-12828
Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 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 15, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Industeel Belgium S.A. (Industeel), a producer and exporter subject to this administrative review, made sales of subject merchandise at less than normal value (NV) during the period of review (POR), May 1, 2021, through April 30, 2022. Additionally, we preliminarily determine that one company had no shipments during the POR. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 115 (Thursday, June 15, 2023)</title>
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[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39229-39231]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12828]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-812]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Industeel Belgium S.A. (Industeel), a producer and
exporter subject to this administrative review, made sales of subject
merchandise at less than normal value (NV) during the period of review
(POR), May 1, 2021, through April 30, 2022. Additionally, we
preliminarily determine that one company had no shipments during the
POR. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable June 15, 2023.
FOR FURTHER INFORMATION CONTACT: Steven Seifert, 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) 482-3350.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2022, based on timely requests for review in accordance
with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of an
administrative
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review of the antidumping duty order \1\ on certain carbon and alloy
steel cut-to-length plate from Belgium.\2\ This review covers Industeel
and NLMK Belgium,\3\ producers and/or exporters of the subject
merchandise. Commerce selected both companies for individual
examination.
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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).
\3\ Commerce collapsed NLMK Clabecq S.A., NLMK Plate Sales S.A.,
NLMK Sales Europe S.A., NLMK Manage Steel Center S.A., and NLMK La
Louviere S.A. as a single entity (collectively, NLMK Belgium) in the
less-than-fair-value investigation. See Certain Carbon and Alloy
Steel Cut-To-Length Plate from Belgium: Final Determination of Sales
at Less Than Fair Value and Final Determination of Critical
Circumstances, in Part, 82 FR 16378 (April 4, 2017).
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On January 11, 2023, Commerce extended the preliminary results of
this review by 120 days, until May 31, 2023.\4\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\5\ A list of topics discussed
in the Preliminary Decision Memorandum is included in the appendix to
this notice. The Preliminary 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="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
January 11, 2023.
\5\ 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 Belgium,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments
Based on entry documentation received from U.S. Customs and Border
Protection (CBP) \6\ and the certification provided by NLMK Belgium,\7\
we preliminarily determine that NLMK Belgium had no shipments and,
therefore, no reviewable entries, of subject merchandise during the
POR. Consistent with Commerce's practice, we will not rescind the
review with respect to NLMK Belgium, but, rather, will complete the
review and issue appropriate instructions to CBP based on the final
results of the review.\8\
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\6\ See Memorandum, ``Release of U.S. Customs and Border
Protection Information,'' dated November 16, 2022.
\7\ See NLMK Belgium's Letter, ``No Shipment Certification,''
dated August 5, 2022.
\8\ See 19 CFR 351.307(b)(1)(v).
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Scope of the Order
The products covered by the Order are certain carbon and alloy
steel cut-to-length plate from Belgium. For a full description of the
scope of the Order, see 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).
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.
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/exporter dumping
margin
(percent)
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Industeel Belgium S.A...................................... 2.65
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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.\9\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\11\ Parties who submit
case briefs or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\12\ Case and
rebuttal briefs should be filed using ACCESS and must be served on
interested parties.\13\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\14\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c).
\11\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See 19 CFR 351.303.
\14\ 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.\15\ Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; (3) whether any participant is a foreign national; and
(4) a list of issues to be discussed. Issues raised in the hearing will
be limited to those raised in the respective case and rebuttal briefs.
If a request for a hearing is made, Commerce intends to hold the
hearing at a date and time to be determined.\16\ Parties should confirm
the date, time, and location of the hearing two days before the
scheduled date.
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\15\ See 19 CFR 351.310(c).
\16\ See 19 CFR 351.310(d).
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, no later than 120 days after the date of publication of
this notice, unless otherwise extended.\17\
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\17\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries.\18\ Pursuant to 19 CFR 351.212(b)(1), if Industeel'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 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 those same sales. Where either Industeel's
weighted-
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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.\19\
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\18\ See 19 CFR 351.212(b).
\19\ See 19 CFR 351.106(c)(2).
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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.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Industeel
for which it 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 (5.40 percent) if there is no rate for the intermediate
company(ies) involved in the transaction.\20\
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\20\ 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 Industeel 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 investigated companies not participating in this review,
the cash deposit rate will continue to be the company-specific cash
deposit rate published for the most recently completed segment; (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 for the producer of the merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 5.40 percent, the all-others rate established in the
LTFV investigation.\21\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\21\ See CTL Plate Order, 82 FR 24098.
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Notification to Importers
This notice serves as a preliminary 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 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 31, 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. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-12828 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 15, 2023.
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