[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Pages 44283-44285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15840]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the producers/exporters subject to this administrative review made
sales of subject merchandise at less than normal value (NV).
Additionally, Commerce preliminarily determines that a company for
which we initiated a review had no shipments during the period of
review (POR). Interested parties are invited to comment on these
preliminary results.
DATES: Applicable July 22, 2020.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or David Crespo, 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) 482-4682 or (202)
482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 15, 2019, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on certain carbon and alloy steel cut-to-length plate from
Italy.\1\ This review covers seven producers and/or exporters of the
subject merchandise. Commerce selected two companies, NLMK Verona SpA
(NVR) and Officine Tecnosider s.r.l. (OTS), for individual examination.
The producers and/or exporters not selected for individual examination
are listed in the ``Preliminary Results of the Review'' section of this
notice.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019).
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On January 9, 2020, Commerce extended the preliminary results of
this review by 119 days, until May 29, 2020.\2\ On April 24, 2020,
Commerce tolled all deadlines in administrative
[[Page 44284]]
reviews by 50 days, thereby extending the deadline for these results
until July 20, 2020.\3\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.
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\2\ See Memorandum, ``Carbon and Alloy Steel Cut-to-Length Plate
from Italy: Extension of Deadline for Preliminary Results of 2018-
2019 Antidumping Duty Administrative Review,'' dated January 9,
2020.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Scope of the Order
The products covered by the order are certain carbon and alloy
steel hot-rolled or forged flat plate products not in coils, whether or
not painted, varnished, or coated with plastics or other non-metallic
substances from Italy. Products subject to the order are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030,
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the merchandise subject to this scope is dispositive.\4\
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\4\ For a full description of the scope of the order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2018-2019 Administrative Review of the Antidumping Duty Order on
Certain Carbon and Alloy Steel Cut-To-Length Plate from Italy,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are 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. 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 https://access.trade.gov. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/summary. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as an Appendix to this notice.
Preliminary Determination of No Shipments
One company under review, Lyman Steel Company (Lyman), filed a
statement reporting that it made no shipments of subject merchandise to
the United States during the POR.\5\ We were able to confirm Lyman's
claim with U.S. Customs and Border Protection (CBP).\6\ Consequently,
we preliminarily determine that Lyman had no shipments during the POR.
Consistent with its practice, Commerce finds that it is not appropriate
to preliminarily rescind the review with respect to this company but,
rather, to complete the review with respect to it and issue appropriate
instructions to CBP based on the final results of this review.\7\
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\5\ See Lyman's Letter ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from Italy; Lyman Steel Company's Certification of No
Sales, Shipments, or Entries,'' dated August 14, 2019.
\6\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from Italy (A-475-834),'' dated April 13, 2020.
\7\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306
(August 28, 2014).
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Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the respondents
for the period May 1, 2018 through April 30, 2019:
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Weighted-
average
Producers/exporters dumping
margin
(percent)
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NLMK Verona SpA............................................. 1.39
Officine Tecnosider s.r.l................................... 1.23
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Review-Specific Average Rate Applicable to the Following Companies: \8\
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O.ME.P SpA.................................................. 1.30
Ofar SpA.................................................... 1.30
Sesa SpA.................................................... 1.30
Tim-Cop Doo Temerin......................................... 1.30
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\9\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\11\ Parties who submit
case briefs or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\12\ Case and
rebuttal briefs should be filed using ACCESS.\13\
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\8\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis or based entirely on facts available. See section
735(c)(5)(A) of the Act.
\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c).
\11\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See 19 CFR 351.303.
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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.\14\ 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. Oral
presentations at 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.\15\ Parties should
confirm the date, time, and location of the hearing two days before the
scheduled date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\16\
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\16\ See Section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess,
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antidumping duties on all appropriate entries.\17\
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\17\ See 19 CFR 351.212(b).
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Where the respondent did not report entered value or reported
amounts based on average data, we calculated the entered value in order
to calculate the assessment rate. Where either 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 rate is zero
or de minimis, we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \18\ of the cash
deposit rates calculated for NVR and OTS, excluding any which are zero
or de minimis or determined entirely based on adverse facts available.
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.
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\18\ This rate was calculated as discussed in footnote 5, above.
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they 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.\19\
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\19\ 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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Further, if we continue to find, in the final results, that Lyman
had no shipments of subject merchandise during the POR, we will
instruct CBP to liquidate any suspended entries that entered under
their AD case number (i.e., at that exporter's rate), or at the all-
others rate, if there is no rate for the intermediate company(ies)
involved in the transaction.
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
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 for the exporters
listed above 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 companies not participating in this review, the cash deposit
rate will continue to be the company-specific cash deposit rate
published for the most recently completed segment; (3) if the exporter
is not a firm covered in this review, or the original less-than-fair-
value (LTFV) investigation, but the producer is, then the cash deposit
rate will be the 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
6.08 percent, the all-others rate established in the LTFV
investigation.\20\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\20\ 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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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 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 double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 16, 2020.
Jeffrey I. Kessler,
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. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2020-15840 Filed 7-21-20; 8:45 am]
BILLING CODE 3510-DS-P