Notice2023-26882
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Final Results of Antidumping Duty Administrative Review; 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
December 7, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that NLMK Verona S.p.A. (NVR) made sales of subject merchandise at less than normal value during the period of review (POR), May 1, 2021, through April 30, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 234 (Thursday, December 7, 2023)</title>
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[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85226-85228]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26882]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy:
Final Results of Antidumping Duty Administrative Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 85227]]
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
NLMK Verona S.p.A. (NVR) made sales of subject merchandise at less than
normal value during the period of review (POR), May 1, 2021, through
April 30, 2022.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-3693.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2023, Commerce published in the Federal Register 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 and invited interested parties to comment on those
results.\1\ In July 2023, the petitioner (i.e., Nucor Corporation) and
NVR submitted a case and rebuttal brief, respectively. On September 1,
2023, we extended the deadline for the final results until December 1,
2023.\2\ For a complete description of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\3\
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Italy: Preliminary Results of Antidumping Duty Administrative Review
and Rescission in Part; 2021-2022, 88 FR 36534 (June 5, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated September 1, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 Administrative Review of the
Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-To-
Length Plate from Italy,'' dated concurrently with, and hereby
adopted by, these results (Issues and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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\4\ 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).
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The merchandise subject to the Order is certain carbon and alloy
steel cut-to-length plate from Italy. A complete description of the
scope of the Order is contained in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this administrative review are addressed in the Issues and Decision
Memorandum and are listed in the appendix to this notice. 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="http://access.trade.gov">http://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 the Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, Commerce made
certain changes to the preliminary weighted-average dumping margin
calculation for NVR for the final results of review.\5\
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\5\ See Issues and Decision Memorandum; and Memorandum, ``Cost
Calculations for NLMK Verona SpA (NVR) for the Final Results,''
dated concurrently with this notice.
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Final Results of Administrative Review
As a result of this review, we 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 dumping
Producer/exporter margin
(percent)
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NLMK Verona S.p.A...................................... 18.65
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
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 Rate
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 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 each importer's examined sales and the total
entered value of those 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. For entries of subject merchandise during
the POR produced by NVR for which it did not know that its merchandise
was destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate established in the less-than-
fair-value (LTFV) of 6.08 percent ad valorem,\6\ if there is no rate
for the intermediate company(ies) involved in the transaction.
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\6\ See Order.
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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
Upon publication of this notice in the Federal Register, 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 date of publication 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 company subject to this review
will be equal to the weighted-average dumping margin established in the
final results of this review; (2) for merchandise exported by producers
or exporters not covered in this review but covered in a prior
completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published in the completed
segment for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original LTFV
investigation, but the producer has been covered in a prior completed
segment of this proceeding, then the cash deposit rate will be the rate
[[Page 85228]]
established in the completed segment for the most recent period 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 for this
proceeding.\7\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\7\ See Order.
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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 doubled antidumping duties.
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 terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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 the Issues
Comment 1: Treatment of NVR's Home Market Overrun Sales
Comment 2: Whether Commerce Should Revise NVR's Reported Sales
and Cost Data to be Based on Theoretical Weight
Comment 3: Whether Commerce Should Apply the Major Input Rule to
Value NVR's Affiliate-Supplied Slab
Comment 4: Whether Commerce Should Allocate NVR's Unreconciled
Costs to Subject Merchandise
VI. Recommendation
[FR Doc. 2023-26882 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 7, 2023.
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