Notice2024-12407
Certain Carbon and Alloy Steel Cut-to-Length Plate From France: Preliminary Results and Rescission, in Part, of the Antidumping Administrative Review; 2022-23
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 determines that certain carbon and alloy steel cut-to-length plate (CTL plate) from France was not sold at prices below normal value (NV) during the period of review (POR) May 1, 2022, through April 30, 2023. In addition, Commerce is rescinding the review, in part, with respect to four companies. Interested parties are invited 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 48368-48370]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12407]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-427-828]
Certain Carbon and Alloy Steel Cut-to-Length Plate From France:
Preliminary Results and Rescission, in Part, of the Antidumping
Administrative Review; 2022-23
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain carbon and alloy steel cut-to-length plate (CTL
plate) from France was not sold at prices below normal value (NV)
during the period of review (POR) May 1, 2022, through April 30, 2023.
In addition, Commerce is rescinding the review, in part, with respect
to four companies. Interested parties are invited to comment on these
preliminary results.
DATES: Applicable June 6, 2024.
FOR FURTHER INFORMATION CONTACT: Samuel Evans, AD/CVD Operations,
Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2420.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2017, Commerce published in the Federal Register an
antidumping duty order on CTL plate from France.\1\ On July 12, 2023,
based on timely requests for review, we initiated an administrative
review of the Order covering five companies, in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act).\2\ On January
11, 2024, we extended the deadline for the preliminary results of this
administrative review to no later
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than May 30, 2024.\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 Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023).
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated
January 11, 2024.
\4\ 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 France;
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 the Order is CTL plate from France. For
a complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. We calculated export price and constructed export
price in accordance with section 772 of the Act. We calculated NV in
accordance with section 773 of the Act. For a full description of the
methodology underlying our conclusions, see the Preliminary Decision
Memorandum. The Preliminary Decision Memorandum is a public document
and is made available to the public 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>. A list of the topics
included in the Preliminary Decision Memorandum is attached as an
appendix to this notice.
Rescission of Administrative Review, in Part
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if a party who requested
the review withdraws the request within 90 days of the date of
publication of the notice of initiation. On October 10, 2023, the
Domestic Interested Parties timely withdrew their review requests with
respect to four companies.\5\ Because the withdrawal request was
timely, and no other party requested a review of these companies, in
accordance with 19 CFR 251.213(d)(1), Commerce is rescinding this
review with respect to Entrepose Industries; Formica S.A.; Industeel
France S.A.S.; and Laminoirs des Landes.
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\5\ The domestic interested parties in this review are
Cleveland-Cliffs Inc., Nucor Corporation, and SSAB Enterprises, LLC.
See Domestic Interested Parties' Letter, ``Partial Withdrawal of
Request for Administrative Review,'' dated October 10, 2023.
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Preliminary Results of Review
As a result of this 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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Dillinger France S.A....................................... 0.00
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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 any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit
case briefs 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.\6\ 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.\7\
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\6\ 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).
\7\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 351.303
(for general filing requirements).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
segments of this proceeding, Commerce has encouraged interested parties
to provide an executive summary of their briefs 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.\8\ 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).\9\
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\8\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\9\ See APO and Service Final Rule, 88 FR at 67077.
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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. Requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of the issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
case and rebuttal briefs.\10\ If a request for a hearing is made,
Commerce will inform parties of the scheduled date for the hearing.\11\
All submissions must be filed electronically using ACCESS. An
electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\10\ See 19 CFR 351.310.
\11\ See 19 CFR 351.310(d).
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Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this review.
Pursuant to 19 CFR 351.212(b)(1), because Dillinger reported the
entered value of its U.S. sales, we calculated importer-specific ad
valorem antidumping duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of those sales. Where either Dillinger's weighted-average
dumping margin is zero or de minimis, within the meaning of 19 CFR
351.106(c), or an importer-specific rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate entries without regard to
antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced Dillinger for which the
company did not know that the merchandise it sold to an intermediary
(e.g., a reseller, trading company, or exporter) was destined for the
United States. In such instances, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate
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company(ies) involved in the transaction.\12\
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\12\ 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).
For those companies for which we are rescinding this administrative
review, Commerce will instruct CBP to assess antidumping duties on all
appropriate entries at a rate equal to the cash deposit of estimated
antidumping duties required at the time of entry, or withdrawal from
warehouse, for consumption, during the period May 1, 2022, through
April 30, 2023, in accordance with 19 CFR 351.212(c)(l)(i).
Cash Deposit Requirements
The following 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 Dillinger 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 previously
investigated or reviewed companies not covered in this review, the cash
deposit rate will continue to be the company-specific cash deposit 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 previous review, or the less-than-fair-value
(LTFV) investigation, but the producer is, then the cash deposit rate
will be the company-specific cash deposit rate established for the most
recently completed segment for the producer of the merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 6.15 percent, the all-others rate established in the
LTFV investigation.\13\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\13\ See Order, 82 FR at 24098.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).
Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping prior to liquidation of the
relevant entries during this POR. 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.
Notification to Interested Parties
This determination is issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
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. Discussion of the Methodology
V. Recommendation
[FR Doc. 2024-12407 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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