Notice2023-27493
Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium: Final Results of Antidumping Duty Administrative Review and Final 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
December 14, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Industeel Belgium S.A. (Industeel) 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 239 (Thursday, December 14, 2023)</title>
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[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86635-86637]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27493]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-812]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
Industeel Belgium S.A. (Industeel) made
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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 14, 2023.
FOR FURTHER INFORMATION CONTACT: Steven Seifert or Jerry Xiao, 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 and (202) 482-2273,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 31, 2023, Commerce published in the Federal Register the
preliminary results of the 2021-2022 administrative review \1\ of the
antidumping duty order on certain carbon and alloy steel cut-to-length
plate from Belgium.\2\ In July 2023, we received a case brief from
Nucor Corporation (the petitioner) and a rebuttal brief from
Industeel.\3\ On September 26, 2023, we extended the deadline for the
final results until December 12, 2023.\4\ For a description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\5\ 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
Belgium: Preliminary Results of Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2021-2022, 88
FR 39229 (June 15, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ 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 (May 25, 2017) (Order).
\3\ See Petitioner's Letter, ``Nucor's Case Brief and Hearing
Request,'' dated July 17, 2023; see also Industeel's Letter,
``Industeel's Rebuttal Brief,'' dated July 27, 2023.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated September 26, 2023.
\5\ 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 Belgium,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order
The products covered by the Order are certain carbon and alloy
steel plate from Belgium. A complete description of the merchandise
subject to 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="https://access.trade.gov">https://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, we made
certain changes to the preliminary weighted-average margin calculation
for Industeel for the final results or review.\6\
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\6\ See Issues and Decision Memorandum.
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Final Determination of No Shipments
In the Preliminary Results, we found that NLMK Belgium did not have
shipments of subject merchandise during the POR.\7\ No party comments
on this preliminary finding. Therefore, for the final results of this
review, we continue to find that NLMK Belgium did not have any
shipments of subject merchandise during the POR.\8\
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\7\ See Preliminary Results, 88 FR 39229 and PDM at the section
titled, ``Preliminary Determination of No Shipments.'' NLMK Belgium
is comprised of: 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.
\8\ See Issues and Decision Memorandum at the section titled,
``Final Determination of No Shipments.''
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Final Results of 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
Producer/exporter dumping margin
(percent)
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Industeel Belgium S.A.................................. 2.65
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to 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 the
notice of final results 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 will determine, 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 the examined sales to the total entered value
of the 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
Industeel 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) investigation of 5.40 percent ad valorem,\9\ if there is no rate
for the intermediate company(ies) involved in the transaction.
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\9\ 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 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 will be equal to
the
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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 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 5.40 percent, the all-others rate established in the
LTFV investigation for this proceeding.\10\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\10\ 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 double antidumping duties.
Administrative Protective Order
This notice serves as the only reminder to parties subject to an
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 the 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.
Dated: December 8, 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. Final Determination of No Shipments
V. Changes Since the Preliminary Results
VI. Discussion of the Issues
Comment 1: Adjustment to Cost of Manufacturing (COM)
Comment 2: Adjustments under the Major Input Rule
Comment 3: Selection of the Correct Universe of Sales for
Industeel for the POR and Calculation of Home Market Commissions
VII. Recommendation
[FR Doc. 2023-27493 Filed 12-13-23; 8:45 am]
BILLING CODE 3510-DS-P
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