Notice2024-01936
Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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 31, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that certain carbon and alloy steel cut-to-length plate (CTL plate) from Italy were made at less than normal value (NV) during the period of review (POR), May 1, 2022, through April 30, 2023. Commerce also determines that one mandatory respondent did not make sales of subject merchandise at less than normal value during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 21 (Wednesday, January 31, 2024)</title>
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[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Notices]
[Pages 6090-6092]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01936]
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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; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds
that certain carbon and alloy steel cut-to-length plate (CTL plate)
from Italy were made at less than normal value (NV) during the period
of review (POR), May 1, 2022, through April 30, 2023. Commerce also
determines that one mandatory respondent did not make sales of subject
merchandise at less than normal value during the POR. We invite
interested parties to comment on these preliminary results.
DATES: Applicable January 31, 2024.
FOR FURTHER INFORMATION CONTACT: Sean Grossnickle, 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) 482-3818.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2017, Commerce published in the Federal Register the
antidumping duty order on CTL plate from Italy.\1\ On May 2, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On July 12, 2023,
based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the Order
covering two producers/exporters, NLMK Verona S.p.A. and Officine
Tecnosider S.R.L..\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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\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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 27449 (May 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023).
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Cut-to-Length Plate from
Italy,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Scope of the Order
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).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. Normal value is calculated in accordance
with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an 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
[[Page 6091]]
registered users at <a href="https://access.trade.gov">https://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>.
Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period May 1, 2022,
through April 30, 2023:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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NLMK Verona S.p.A........................................... 2.45
Officine Tecnosider S.R.L................................... 0.00
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Disclosure and Public Comment
Commerce intends to disclose the calculations and analysis
performed to interested parties for these preliminary results within
five days after public announcement or if there is no public
announcement, within five days after the date of publication of this
notice in the Federal Register.\5\ Interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice.\6\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the date for filing
case briefs.\7\ Interested parties who submit case briefs or rebuttal
briefs in this proceeding must submit: (1) a table of contents listing
each issue; and (2) a table of authorities.\8\
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\5\ See 19 CFR 351.224(b).
\6\ See 19 CFR 351.309(c)(1)(ii).
\7\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Final Service Rule).
\8\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this administrative review, we instead
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\9\ Further, we request that interested parties limit their
executive summary of each issue to no more than 450 words, not
including citations. We intend to use the executive summaries as the
basis of the comment summaries included in the issues and decision
memorandum that will accompany the final determination in this
investigation. We request that interested parties include footnotes for
relevant citations in the executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\10\
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\9\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\10\ See APO and Final Service Rule.
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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, filed electronically via
ACCESS. 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. An electronically filed hearing
request must be received successfully in its entirety by Commerce's
electronic records system, ACCESS, by 5 p.m. Eastern Time within 30
days after the date of publication of this notice. If a request for a
hearing is made, Commerce intends to hold a hearing at a time and date
to be determined.\11\ Parties should confirm the date, time, and
location of the hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(d).
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by this review.\12\
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\12\ See 19 CFR 351.212(b).
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If a respondent's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.50 percent) in the final results of this
review, we intend to calculate an importer-specific ad valorem
antidumping duty assessment rate based on the ratio of the total amount
of dumping calculated for each importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\13\ If the weighted-average dumping margin or an
importer-specific assessment rate is zero or de minimis in the final
results of review, we intend to instruct CBP to liquidate entries
without regard to antidumping duties.\14\ The final results of this
administrative 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.\15\
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\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\14\ Id., 77 FR at 8102; see also 19 CFR 351.106(c)(2).
\15\ See section 751(a)(2)(C) of the Act.
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If a respondent has not reported entered values, we will calculate
a per-unit assessment rate for each importer by dividing the total
amount of dumping calculated for the examined sales made to that
importer by the total quantity associated with those sales.
For entries of subject merchandise during the POR produced by each
individually examined respondent for which the they did not know that
the merchandise was destined for the United States, we will instruct
CBP to liquidate unreviewed entries at the all-others rate established
in the original less-than-fair-value (LTFV) investigation (i.e., 6.08
percent) if there is no rate for the intermediate company(ies) involved
in the transaction.\16\
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\16\ See Order; see also 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 upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption on or after the
date of publication, 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 merchandise
exported by producers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the
[[Page 6092]]
company-specific rate published for the most recently-completed segment
of this proceeding in which they were 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.\17\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\17\ See Order.
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Final Results of Review
Unless the deadline is otherwise extended, Commerce intends to
issue the final results of this administrative review, including the
results of its analysis of issues raised by interested parties in the
written comments, within 120 days after the date of publication of
these preliminary results in the Federal Register.\18\
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\18\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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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: January 25, 2024.
Abdelalia Elouaradia,
Deputy 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. 2024-01936 Filed 1-30-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 31, 2024.
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