Notice2024-12358
Certain Carbon and Alloy Steel Cut-To-Length Plate 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 certain carbon and alloy steel cut-to-length plate (CTL plate) from Belgium was sold at less than normal value (NV) during the period of review (POR) May 1, 2022, through April 30, 2023. Additionally, Commerce is rescinding this review in part, with respect to certain companies. We invite interested parties to comment on these preliminary results of review.
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 48392-48395]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12358]
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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 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 certain carbon and alloy steel cut-to-length plate (CTL plate)
from Belgium was sold at less than normal value (NV) during the period
of review (POR) May 1, 2022, through April 30, 2023. Additionally,
Commerce is rescinding this review in part, with respect to certain
companies. We invite interested parties to comment on these preliminary
results of review.
DATES: Applicable June 6, 2024.
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 May 25, 2017, Commerce published in the Federal Register the
antidumping duty (AD) order on CTL plate 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 in accordance with
19 CFR 351.221(c)(1)(i), we initiated an AD administrative review.\3\
This review covers 20 producers and/or exporters of the subject
merchandise.\4\
[[Page 48393]]
Commerce selected Industeel Belgium S.A. (Industeel) 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 (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 27445 (May 2,
2023) (Initiation Notice).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023).
\4\ We note that the Initiation Notice listed 24 companies,
including five companies that Commerce previously collapsed.
Commerce collapsed the following companies in the less-than-fair-
value investigation: 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). 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 July 12, 2023, we placed on the record U.S. Customs and Border
Protection (CBP) data for entries of CTL plate from Belgium during the
POR, showing no suspended entries during the POR for certain companies
and invited interested parties to comment.\5\ No interested party
submitted comments regarding the CBP data.
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\5\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated July 12, 2023.
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On January 11, 2024, Commerce extended the deadline to issue the
preliminary results of this review until May 31, 2024.\6\ For a
complete description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\7\
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\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
11, 2024.
\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Carbon and Alloy Steel Cut-To-Length Plate 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 product covered by the Order is CTL plate from Belgium. For a
full description of the scope of the Order, see Preliminary Decision
Memorandum.
Rescission of Administrative 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
suspended entries of subject merchandise during the POR.\8\ Normally,
upon completion of an administrative review, the suspended entries are
liquidated at the AD assessment rate calculated for the review
period.\9\ Therefore, for an administrative review to be conducted,
there must be a suspended entry that Commerce can instruct CBP to
liquidate at the AD assessment rate calculated for the review
period.\10\
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\8\ 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).
\9\ See 19 CFR 351.212(b)(1).
\10\ See 19 CFR 351.213(d)(3).
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As noted above, there were no suspended entries of subject
merchandise for the following companies: C.A. Picard GmbH;
D[ouml]rrenberg Edelstahl GmbH; \11\ Edgen Murray; EEW Steel Trading
LLC; Fike Europe B.A; Macsteel International; NLMK Belgium; NLMK
Dansteel A.S.; NLMK Verona SpA; NobelClad Europe GmbH & Co. KG; RP
Technik GmbH Profilsysteme; Salzgitter Mannesmann International GmbH;
Stahlo Stahl Service GmbH & Co. KG; Stemcor USA; \12\ Thyssenkrupp
Steel Europe; TWF Treuhandgesellschaft Werbefilm mbH; Tranter Service
Centers; V[aacute]lcovny Trub Chomutov A.S.; and voestalpine Grobblech
GmbH. On May 9, 2024, Commerce notified all interested parties of its
intent to rescind the administrative review in part, with respect to
these companies because there were no suspended entries of subject
merchandise during the POR and invited interested parties to
comment.\13\ No interested party submitted comments in response to this
notice. Accordingly, in the absence of suspended entries of subject
merchandise during the POR for these companies for which this review
was initiated, we are hereby rescinding this administrative review, in
part, with respect to these 19 companies, in accordance with 19 CFR
351.213(d)(3).
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\11\ In the Initiation Notice, this company was inadvertently
listed as Doerrenberg Edelstahl Gmb. The correct name is
D[ouml]rrenberg Edelstahl GmbH. See D[ouml]rrenberg Edelstahl GmbH's
Letter, ``Certification of No Sales, Shipments, or Entries,'' dated
August 9, 2023.
\12\ Although Commerce received a request for review of this
company, Commerce should not have included this company in the
Initiation Notice because it is a company located in the United
States and is, therefore, neither a producer nor an exporter under
section 19 CFR 351.213. Similarly, Commerce inadvertently initiated
a review of this company in the prior review and assigned it the
rate for companies not selected for individual examination. See
Certain Carbon and Alloy Steel Cut-To-Length Plate from Belgium:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2019-2020, 87 FR 7116 (February 8,
2022). Commerce intends to issue rescission instructions with
respect to this company and, for the final results, notify CBP that
it will deactivate the number assigned to this company in the
Automated Commercial Environment (ACE).
\13\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated May 9, 2024.
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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. 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>.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists 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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Industeel Belgium S.A....................................... 2.52
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed for these
preliminary results to interested parties within five days after public
announcement, or if there is no public announcement, within five days
of the date of publication of this notice in the Federal Register.\14\
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.\15\ 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.\16\ 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.\17\
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\14\ See 19 CFR 351.224(b).
\15\ See 19 CFR 351.303 (for general filing requirements).
\16\ 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).
\17\ 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
[[Page 48394]]
the beginning of their briefs a public, executive summary for each
issue raised in their briefs.\18\ 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).\19\
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\18\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\19\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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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. 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 by
Commerce's electronic records system, ACCESS, by 5:00 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 and will notify the parties through
ACCESS.\20\ Parties should confirm the date, time, and location of the
hearing two days before the scheduled date.
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\20\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed using ACCESS.\21\ An electronically-
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\22\
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\21\ See 19 CFR 351.303.
\22\ See APO and Final Service Rule.
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Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, upon completion of the
final results of this administrative review, Commerce shall determine,
and CBP shall assess, ADs on all appropriate entries of subject
merchandise covered by this review.\23\ If the weighted-average dumping
margin for Industeel is not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review, and because Industeel
reported entered values for all of its sales, Commerce intends to
calculate importer-specific ad valorem assessment rates based on the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those sales, in accordance
with 19 CFR 351.212(b)(1). We intend to instruct CBP to assess ADs on
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review
is above de minimis (i.e., 0.50 percent). If Industeel's overall
weighted-average dumping margin is zero or de minimis or where an
importer-specific ad valorem assessment rate is zero or de minimis in
the final results of review, we intend to instruct CBP to liquidate the
appropriate entries without regard to ADs.\24\ The final results of
this administrative review shall be the basis for the assessment of ADs
on entries of merchandise covered by the final results of this review
and for future deposits of estimated duties, where applicable.\25\
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\23\ See 19 CFR 351.212(b)(1).
\24\ See 19 CFR 351.106(c)(2); see also 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).
\25\ See section 751(a)(2)(C) of the Act.
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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 intend to instruct CBP to liquidate
unreviewed entries at the all-others rate (i.e., 5.40 percent) in the
original less-than-fair-value (LTFV) investigation \26\ if there is no
rate for the intermediate company(ies) involved in the transaction.\27\
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\26\ See Order, 82 FR 24096.
\27\ 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 upon
publication in the Federal Register of the notice of final results of
this 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 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 merchandise exported by a company
not covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific cash deposit rate published in the completed segment for the
most recent period; (3) if the exporter is not a firm covered in this
review, or a previous segment, but the producer is, 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.\28\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\28\ 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).
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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 of publication of these preliminary
results in the Federal Register.\29\
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\29\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h).
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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 ADs prior to liquidation of the relevant
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entries during this POR. Failure to comply with this requirement could
result in Commerce's presumption that reimbursement of ADs occurred and
the subsequent assessment of double ADs.
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
351.213 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. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2024-12358 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P
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