Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Preliminary Results and Rescission, in Part, of Antidumping Duty Administrative Review; 2023-2024
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Issuing agencies
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, 2023, through April 30, 2024. 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.
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<title>Federal Register, Volume 90 Issue 174 (Thursday, September 11, 2025)</title>
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[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Notices]
[Pages 44006-44008]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17547]
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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; 2023-2024
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, 2023, through April 30, 2024. 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 September 11, 2025.
FOR FURTHER INFORMATION CONTACT: Jerry Xiao, 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) 482-2273.
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,
2024, Commerce published in the Federal Register a notice of
opportunity to request an administrative review of the Order for the
POR.\2\ On July 5, 2024, 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 seven producers and/or
exporters of the subject merchandise.
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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, 89 FR 35778 (May 2,
2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 55567 (July 5, 2024) (Initiation
Notice).
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\4\ On December 9, 2024,
Commerce tolled the deadline for all administrative reviews by 90
days.\5\ On April 16, 2025, Commerce extended the preliminary results
of this review by 120 days, until September 5, 2025.\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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\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 16,
2025.
\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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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>
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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On July 5, 2024, 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.\11\ No interested party
submitted comments regarding the CBP data. As there were no suspended
entries of subject merchandise for the following companies: (1) Ancofer
Stahlhandel GmbH.; (2) Eastman Chemical Technology BV; (3) NLMK
Dansteel A.S.; (4) NV Hengelhoef Concrete Joints.; and (5) Steelforce
Europe NV. On August 5, 2025, 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.\12\ No interested party submitted comments in response to this
notice. Accordingly, in the absence of suspended entries of subject
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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 five companies, in accordance with 19 CFR
351.213(d)(3).
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\11\ See Memorandum, ``Release of U.S. Customs and Border
Protection Entry Data,'' dated July 5, 2024.
\12\ See Memorandum, ``Notice of Intent to Rescind Review, in
Part,'' dated August 5, 2025.
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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.
Rate for Non-Individually Examined Companies
The Act and Commerce's regulations do not address the establishment
of a rate to apply to companies not selected for individual examination
when Commerce limits its examination in an administrative review
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to
section 735(c)(5) of the Act, which provides instructions for
calculating the all-others rate in a market economy investigation, for
guidance when calculating the rate for companies which were not
selected for individual examination in an administrative review.
Under section 735(c)(5)(A) of the Act, the all-others rate is
normally an amount equal to the weighted average of the estimated
weighted-average dumping margins established for exporters and
producers individually investigated, excluding any rates that are zero,
de minimis (i.e., less than 0.5 percent), or determined entirely on the
basis of facts available. Where the weighted-average dumping margin for
each of the individually examined companies is zero, de minimis, or
based entirely on facts available, section 735(c)(5)(B) of the Act
provides that Commerce may use ``any reasonable method to establish the
estimated all-others rate for exporters and producers not individually
investigated, including averaging the estimated weighted-average
dumping margins determined for the exporters and producers individually
investigated.''
In this administrative review, we preliminarily calculated a
weighted-average dumping margin for Industeel, that is not zero, de
minimis, or based entirely on facts available. Accordingly, we are
preliminarily assigning to the company under review that was not
selected for individual examination a weighted-average dumping margin
equal to the weighted average dumping margin calculated for Industeel.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margins exist for the period May 1, 2023, through April 30,
2024:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Industeel Belgium S.A....................................... 5.22
NLMK Belgium................................................ 5.22
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Disclosure
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).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\13\ 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.\14\ 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.\15\ All briefs 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. 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 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.\16\ 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).\17\
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\13\ See 19 CFR 351.309.
\14\ 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 Procedures).
\15\ See 19 CFR 351.309(c)(2) and (d)(2).
\16\ We use the term ``issue'' here to describe an argument
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\17\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings, 88 FR
67069, 67077 (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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\18\ 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. Issues raised
in the hearing will be limited to issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\19\ Parties should confirm by
telephone the date and time of the hearing two days before the
scheduled date. An electronically filed document must be received
successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time on the
established deadline.
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\18\ See 19 CFR 351.310(c).
\19\ See 19 CFR 351.310(d).
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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, antidumping duties on all appropriate entries of
subject merchandise covered by this review.\20\ 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
antidumping duties on all appropriate
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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 antidumping duties.\21\
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\20\ See 19 CFR 351.212(b)(1).
\21\ 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).
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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 established in the original
less-than-fair-value (LTFV) investigation (i.e., 5.40 percent) \22\ if
there is no rate for the intermediate company(ies) involved in the
transaction.\23\
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\22\ See Order, 82 FR 24096.
\23\ 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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For NLMK Belgium, we will assign an assessment rate based on the
review-specific rate, calculated as noted in the ``Preliminary Results
of Review'' section, above. The final results of this 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.\24\
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\24\ See section 751(a)(2)(C) of the Act.
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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 less-than-fair-
value investigation.\25\ These deposit requirements, when imposed,
shall remain in effect until further notice.
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\25\ 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.\26\
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\26\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h)(1).
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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 antidumping duties 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
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: September 5, 2025.
Christopher Abbott,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the 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. 2025-17547 Filed 9-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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