Notice2024-25396
Stainless Steel Plate in Coils From Belgium: Final 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
October 31, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Aperam Stainless Belgium N.V. (ASB) made sales of stainless steel plate in coils from Belgium at less than normal value during the period of review (POR) May 1, 2022, through April 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 211 (Thursday, October 31, 2024)</title>
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[Federal Register Volume 89, Number 211 (Thursday, October 31, 2024)]
[Notices]
[Pages 86784-86786]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25396]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-808]
Stainless Steel Plate in Coils From Belgium: Final 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) determines that
Aperam Stainless Belgium N.V. (ASB) made sales of stainless steel plate
in coils from Belgium at less than normal value during the period of
review (POR) May 1, 2022, through April 30, 2023.
DATES: Applicable October 31, 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.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 1999, Commerce published the antidumping duty order on
stainless steel plate in coils from Belgium.\1\ Commerce initiated this
administrative review with respect to four companies: ASB,
ArcelorMittal Genk, Helaxa BVBA, and Industeel Belgium.\2\ However,
Commerce rescinded this review for three companies that did not have
reviewable entries of subject merchandise during the POR.\3\ As such,
ASB is the only company subject to this administrative review. On June
6, 2024, Commerce published the preliminary results of this review in
the Federal Register and
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invited interested parties to comment.\4\ On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\5\ On October 9, 2024, Commerce extended the deadline for these
final results to October 25, 2024.\6\
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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 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).
\3\ See Stainless Steel Plate in Coils from Belgium: Preliminary
Results and Rescission, In Part, of Antidumping Duty Administrative
Review; 2022-2023, 89 FR 48384 (June 6, 2024) (Preliminary Results),
and accompanying Preliminary Decision Memorandum.
\4\ Id.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated October 9, 2024.
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For a complete summary of the events that have occurred since the
Preliminary Results, as well as a full discussion of the issues raised
by parties for these final results, see the Issues and Decision
Memorandum.\7\ Commerce conducted this review in accordance with
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Antidumping Duty Administrative Review: Stainless
Steel Plate in Coils from Belgium, 2022-2023,'' dated concurrently
with, and hereby adopted by, this notice (Issues and 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 Issues and Decision Memorandum.\8\
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\8\ See Issues and Decision Memorandum at ``Scope of the
Order.''
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Analysis of the Comments Received
All issues raised in the case and rebuttal briefs are addressed in
the Issues and Decision Memorandum, and are identified 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, we made certain adjustments to the margin
calculations for these final results, as detailed in the Issues and
Decision Memorandum.
Final Results of the Review
Commerce determines that the following 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
Commerce intends to disclose the calculations performed to
interested parties for these final results within five days of the date
of publication of this notice in the Federal Register, in accordance
with 19 CFR 351.224(b).
Assessment
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with these final results of review. Pursuant
to 19 CFR 351.212(b)(1), where the respondent reported the entered
value of its U.S. sales, 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 for which entered value was reported. Where 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 assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by ASB for which the reviewed
company did not know that the merchandise it sold to the 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 company(ies) involved in the transaction.\9\
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\9\ 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). The final results of this administrative
review shall be the basis for the assessment of antidumping duties on
entries of merchandise under review and for future cash deposits of
estimated antidumping duties, where applicable.
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.\10\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
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\10\ See Order, 64 FR 27757.
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Notification to Importers
This notice also 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 doubled antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a reminder to parties subject to an APO
of their responsibility concerning the return or
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destruction 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 the return or 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 sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h)
and 19 CFR 351.221(b)(5).
Dated: October 25, 2024.
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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Match Sales by PRIMEH/U
Comment 2: Whether Commerce Should Revise the Date of Sale
Comment 3: Whether Commerce Should Revise the Importer of Record
in the U.S. Customs and Border Protection (CBP) Liquidation
Instructions
VI. Recommendation
[FR Doc. 2024-25396 Filed 10-30-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 31, 2024.
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