Notice2024-12350
Stainless Steel Plate in Coils From Belgium: Preliminary Results and Rescission, in Part, 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
June 6, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily finds that Aperam Steel Belgium N.V. (ASB) made sales of stainless steel plate in coils from Belgium at less than normal value (NV) during the period of review (POR), May 1, 2022, through April 30, 2023. Additionally, Commerce is rescinding this administrative review with respect to certain companies. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 110 (Thursday, June 6, 2024)</title>
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[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48384-48386]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12350]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-808]
Stainless Steel Plate in Coils From Belgium: Preliminary Results
and Rescission, in Part, 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 Aperam Steel Belgium N.V. (ASB) made sales of stainless steel
plate in coils from Belgium at less than normal value (NV) during the
period of review (POR), May 1, 2022, through April 30, 2023.
Additionally, Commerce is rescinding this administrative review with
respect to certain companies. We invite interested parties to comment
on these preliminary results.
DATES: Applicable June 6, 2024.
FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-7851.
[[Page 48385]]
SUPPLEMENTARY INFORMATION:
Background
On May 21, 1999, Commerce published in the Federal Register the
antidumping duty (AD) order on stainless steel plate in coils from
Belgium.\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 and in
accordance with section 751(a)(1) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.221(c)(1)(i), Commerce initiated an
administrative review of the Order covering four exporters and/or
producers.\3\ Pursuant to section 751(a)(3)(A) of the Act, Commerce
extended the deadline for the preliminary results until May 30,
2024.\4\
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\1\ See Antidumping Duty Orders; Certain Stainless Steel Plate
in Coils from Belgium, Canada, Italy, the Republic of Korea, South
Africa, and Taiwan, 64 FR 27756 (May 21, 1999) (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 27445 (May 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262, 44263 (July 12, 2023); see also
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review and Join
Annual Inquiry Service List, 88 FR 27445, 27446 (May 2, 2023).
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results,'' dated January 18, 2024.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
A list of the topics included in the Preliminary Decision Memorandum is
included as 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="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>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Stainless Steel
Plate in Coils from Belgium; 2022-2023,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The merchandise covered by this Order is stainless steel plate in
coils from Belgium. For a complete description of the scope of the
Order, see the Preliminary Decision Memorandum.\6\
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\6\ See Preliminary Decision Memorandum at ``Scope of the
Order.''
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Act. Constructed Export price was
calculated in accordance with section 772 of the Act. NV was 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.
Rescission of Review, In Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an AD order when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\7\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the AD
assessment rate calculated for the review period.\8\ Therefore, for an
administrative review to be conducted, there must be at least one
reviewable, suspended entry that Commerce can instruct CBP to liquidate
at the AD assessment rate calculated for the review period.\9\ There
were no entries of subject merchandise during the POR for the following
companies subject to the review: ArcelorMittal Genk, Helaxa BVBA, and
Industeel Belgium. As a result, on April 1, 2024, Commerce notified all
interested parties of its intent to rescind this review, in part, with
respect to these companies and received no comments.\10\ Accordingly,
Commerce is rescinding this review, in part, with respect to these
three companies. The administrative review remains active with respect
to the mandatory respondent, ASB.
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\7\ See, e.g., Dioctyl Terephthalate from the Republic of Korea:
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-
to Length Plate from the Federal Republic of Germany: Recission of
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January
24, 2023).
\8\ See 19 CFR 351.212(b)(1).
\9\ See 19 CFR 351.213(d)(3).
\10\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated April 1, 2024.
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Preliminary Results of the Review
We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period May 1, 2022, through April
30, 2023:
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Aperam Stainless Belgium N.V............................... 0.78
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Disclosure and Public Comment
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of the date of publication of this notice in the Federal
Register, in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs to Commerce no later than 30 days after the date of publication
of this notice. Rebuttal briefs, limited to issues raised in the case
briefs, may be filed not later than five days after the date for filing
case briefs.\11\ Interested parties who submit case or rebuttal briefs
in this proceeding must submit: (1) a table of contents listing each
issue; and (2) a table of authorities.\12\
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\11\ 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 Service Final Rule).
\12\ See 19 CFR 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 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.\13\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public 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).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Final 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
[[Page 48386]]
and Compliance, filed electronically via ACCESS. 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.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. An electronically-filed hearing request must be
received successfully in its entirety via ACCESS by 5 p.m. Eastern Time
within 30 days after the date of publication of this notice. Commerce
intends to issue the final results of this administrative review,
including the results of our analysis of the issues raised in any the
written briefs, no later than 120 days after the date of publication of
this notice, unless otherwise extended.\15\
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\15\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
Upon issuance of the final results of this review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\16\
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\16\ See 19 CFR 351.212(b)(1).
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With respect to the companies for which we have rescinded this
review, in part, Commerce intends to instruct CBP to assess antidumping
duties on all appropriate entries at rates equal to the cash deposit
rate of estimated antidumping duties required at the time of entry, or
withdrawal from warehouse, for consumption, during the POR, in
accordance with 19 CFR 351.212(c)(1)(i).
We intend 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).
If ASB's weighted-average dumping margin is not zero or de minimis
(i.e., less than 0.50 percent), we will calculate importer-specific ad
valorem AD 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 in accordance with 19 CFR
351.212(b)(1). If the 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. To
determine whether an importer-specific, per-unit assessment rate is de
minimis, in accordance with 19 CFR 351.106(c)(2), we also will
calculate an importer-specific ad valorem ratio based on estimated
entered values. Where either a respondent's weighted average dumping
margin is zero or de minimis, or an importer-specific ad valorem
assessment rate is zero or de minimis, we intend to instruct CBP to
liquidate appropriate entries without regard to antidumping duties.\17\
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\17\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding:
Calculation of the Weighted-Average Dumping Margin and Assessment
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR
8101, 8103 (February 14, 2012).
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For entries of subject merchandise during the POR produced by ASB
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate such entries at the
all-others rate (i.e., 9.86 percent) if there is no rate for the
intermediate company(ies) involved in the transaction.\18\
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\18\ See Order, 64 FR at 27757; see also Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
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 ASB will be
equal to the weighted-average dumping margin established in the final
results of this administrative 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 listed above, the
cash deposit rate will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, a prior review, or in the less-than-fair-value
investigation (LTFV) but the producer is, the cash deposit rate will be
the 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
the all-others rate of 9.86 percent, the rate established in the LTFV
investigation of this proceeding.\19\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\19\ See Order, 64 FR at 27757.
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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)(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.
Notification to Interested Parties
We are issuing and publishing these preliminary results of review
in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR
351.213(h)(2) and 19 CFR 351.221(b)(4).
Dated: May 30, 2024.
Abdelali 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. Recission of Administrative Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-12350 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 6, 2024.
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