Certain Hot-Rolled Steel Flat Products From Brazil: Preliminary Results of the Antidumping Duty Administrative Review; 2016-2017, 32632-32634 [2018-15013]
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32632
Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices
Timken Notice
In its decision in Timken, 893 F.2d at
341,11 as clarified by Diamond
Sawblades,12 the Court of Appeals for
the Federal Circuit (CAFC) held that,
pursuant to section 516A(e) of the Tariff
Act of 1930, as amended (Act),
Commerce must publish a notice of a
court decision that is not ‘‘in harmony’’
with a Commerce determination and
must suspend liquidation of entries
pending a ‘‘conclusive’’ court decision.
The Court’s June 19, 2018, Final
Judgment constitutes a final decision of
the Court that is not in harmony with
Commerce’s Final Results. This notice is
published in fulfillment of the
publication requirement of Timken.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Amended Final Results
Because there is now a final court
decision, Commerce is amending the
Final Results with respect to Stanley.
The revised weighted-average dumping
margin for Stanley for the period August
1, 2012, through July 31, 2013, is as
follows:
[A–351–845]
Exporter
Weightedaverage
margin
(percent)
Stanley ..................................
10.16
Commerce will continue the
suspension of liquidation of the subject
merchandise pending the expiration of
the period of appeal or, if appealed,
pending a final and conclusive court
decision. In the event the Court’s ruling
is not appealed or, if appealed, upheld
by the CAFC, Commerce will instruct
U.S. Customs and Border Protection to
assess antidumping duties on
unliquidated entries of subject
merchandise exported by Xi’an Metals
and Stanley using the appropriate
assessment rates.
sradovich on DSK3GMQ082PROD with NOTICES
Cash Deposit Requirements
As stated in the AR5 Remand
Redetermination, the cash deposit rate
for Stanley has been superseded by cash
deposit rates calculated in intervening
administrative reviews of the
antidumping duty order on certain steel
nails from China.13 Thus, we will not
alter Stanley’s cash deposit rate.
the People’s Republic of China: Analysis
Memorandum for Stanley,’’ dated concurrently with
this notice.
11 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
12 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
13 See Certain Steel Nails from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review; 2013–2014, 81 FR
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16:47 Jul 12, 2018
Jkt 244001
Dated: July 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2018–15011 Filed 7–12–18; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Certain Hot-Rolled Steel Flat Products
From Brazil: Preliminary Results of the
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on certain hotrolled steel flat products from Brazil.
The period of review (POR) is March 22,
2016, through Septemer 30, 2017. This
review covers six producers/exporters of
the subject merchandise. Commerce
selected one mandatory respondent,
Companhia Siderurgica Nacional (CSN),
for individual examination. We
preliminarily determine that sales of
subject merchandise have been made
below normal value (NV) during the
POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable July 13, 2018.
FOR FURTHER INFORMATION CONTACT:
Peter Zukowski, AD/CVD Operations,
Office I, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0189.
SUPPLEMENTARY INFORMATION:
AGENCY:
Scope of the Order
The products covered by this
investigation are certain hot-rolled steel
flat products from Brazil. For a complete
14092 (March 16, 2016); Certain Steel Nails from
the People’s Republic of China: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments and Final Partial
Rescission; 2014–2015, 82 FR 14344 (March 20,
2017); and Certain Steel Nails from the People’s
Republic of China: Final Results of Antidumping
Duty Administrative Review and Final
Determination of No Shipments; 2015–2016, 83 FR
11683 (March 16, 2018).
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description of the scope of this order,
please see the accompanying
Preliminary Decision Memorandum.1
Methodology
Commerce is conducting this review
in accordance with sections 751(a) of
the Tariff Act of 1930, as amended (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, and to all
parties in the Central Records Unit,
room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be found at
https://enforcement.trade.gov/frn/. The
signed Preliminary Decision
Memorandum and the electronic
version of the Preliminary Decision
Memorandum are identical in content.
A list of the topics discussed in the
Preliminary Decision Memorandum is
attached as the Appendix to this notice.
Adverse Facts Available
Pursuant to section 776(a) and (b) of
the Act, Commerce has preliminarily
relied upon facts otherwise available
with adverse inferences (AFA) for CSN
because this respondent did not respond
to Commerce’s antidumping duty
questionnaire. For a complete
explanation of the methodology and
analysis underlying the preliminary
application of AFA, see the Preliminary
Decision Memorandum.
Adjustment for Export Subsidies
In the original investigation, we
subtracted from the final dumping
margin of 33.14 percent the portion of
CSN’s countervailing duty rate
attributable to export subsidies (4.07
percent) in order to calculate the cashdeposit rate of 29.07 percent.2 Since the
publication of the Antidumping Duty
Order, we have not conducted an
1 See the Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from Brazil: Decision Memorandum
for Preliminary Results of the Antidumping Duty
Administrative Review; 2016–2017’’ (dated
concurrently with this Federal Register notice)
(Preliminary Decision Memorandum).
2 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016) (Antidumping Duty Order).
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Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices
administrative review of the
countervailing duty order on Hot-Rolled
Steel from Brazil.3 Therefore, the
portion of the countervailing duty rate
attributable to export subsidies
currently in effect for CSN is 4.07
percent. Further, imports from CSN
during the POR were subject to
countervailing duties to offset export
subsidies of 4.07 percent or more. As
such, we have adjusted the dumping
margin to ensure that, in accordance
with section 772(c)(1)(C) of the Act, we
do not collect duties attributable to
export subsidies twice.
Rate for Non-Selected Companies
In accordance with the U.S. Court of
Appeals for the Federal Circuit’s
decision in Albemarle Corp. v. United
States,4 we are applying to the nonselected companies the adjusted
dumping margin we are preliminarily
applying to CSN in this administrative
review.5 This is the only rate
determined in this review for an
individual respondent, and thus, it is
applicable to the non-selected
companies under section 735(c)(5)(B) of
the Act. For a detailed discussion, see
the Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, Commerce
preliminarily determines that for the
period March 22, 2016, through
Septemer 30, 2017, the following
weighted-average dumping margins
exist: 6
Weighted-average
dumping margin
Exporter and/or producer
Aperam South America ...............................................................................................................................
ArcelorMittal Brasil .......................................................................................................................................
Companhia Siderurgica Nacional ................................................................................................................
Companhia Siderurgica Suape ....................................................................................................................
Marcegaglia do Brasil ..................................................................................................................................
Usinas Siderurgicas de Minas Gerais SA ...................................................................................................
Disclosure
Normally, Commerce discloses to
interested parties the calculations
performed in connection with the
preliminary results within five days of
the date of publication of the notice of
preliminary results in the Federal
Register, in accordance with 19 CFR
351.224(b). However, there are no
calculations to disclose because, in
accordance with section 776 of the Act,
we have relied on the application of
AFA to CSN, the only mandatory
respondent subject to this review, for
purposes of these preliminary results for
CSN. Because the AFA dumping margin
is based solely on a dumping margin
applied in a prior segment of this
proceeding, there are no calculations to
disclose.
sradovich on DSK3GMQ082PROD with NOTICES
Public Comment
Interested parties may submit case
briefs not later than 30 days after the
date of publication of this notice.7
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than five days after the time limit for
filing case briefs.8 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.9
Case and rebuttal briefs should be filed
using ACCESS.10
3 This is the first administrative review following
the completion of the investigation.
4 See Albemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. 2016).
5 See, e.g., Diamond Sawblades and Parts Thereof
from the People’s Republic of China: Final Results
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16:47 Jul 12, 2018
Jkt 244001
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. An electronically-filed
document must be received successfully
in its entirety by ACCESS by 5 p.m.
Eastern Time within 30 days after the
date of publication of this notice.11
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, parties
will be notified of the time and date for
the hearing to be held at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230.12
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
arguments raised in any written briefs,
not later than 120 days after the
publication of these preliminary results
in the Federal Register, unless
otherwise extended.13
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and U.S. Customs and
Border Protection (CBP) shall assess,
antidumping duties on all appropriate
of Antidumping Duty Administrative Review; 2015–
2016, 83 FR 17527 (April 20, 2018).
6 See Preliminary Decision Memorandum for
more detail.
7 See 19 CFR 351.309(c)(ii).
8 See 19 CFR 351.309(d)(1).
9 See 19 CFR 351.309(c)(2) and (d)(2).
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Rate adjusted for
export subsidies
34.28
34.28
34.28
34.28
34.28
34.28
30.21
30.21
30.21
30.21
30.21
30.21
entries covered by this review.14 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.15
We intend to issue instructions to CBP
15 days after the publication date of the
final results of this review.
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 each specific
company listed above will be that
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 companies not
participating in this review, the cash
deposit 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, or the
original less-than-fair-value (LTFV)
10 See
11 See
12
19 CFR 351.303.
19 CFR 351.310(c).
Id.
13 See
section 751(a)(3)(A) of the Act.
19 CFR 351.212(b).
15 See section 751(a)(2)(C) of the Act.
14 See
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Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Notices
investigation, but the manufacturer is,
the cash deposit rate will be the rate
established for the most recent segment
for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 29.07
percent, the all-others rate established
in the LTFV investigation.16 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) 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 the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(4).
Dated: July 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
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. Application of Facts Available and
Adverse Inferences
A. Use of Facts Available
B. Application of Facts Available With an
Adverse Inference
C. Selection and Corroboration of Adverse
Facts Available Rate
D. Rate for Non-Selected Companies
V. Conclusion
[FR Doc. 2018–15013 Filed 7–12–18; 8:45 am]
sradovich on DSK3GMQ082PROD with NOTICES
BILLING CODE 3510–DS–P
16 See
16:47 Jul 12, 2018
International Trade Administration
[A–570–918]
Steel Wire Garment Hangers From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2016–
2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that Shanghai Wells Hanger Co., Ltd.,
Hong Kong Wells Ltd., and Hong Kong
Wells Ltd. (USA) (collectively, Shanghai
Wells) sold subject merchandise in the
United States at prices below normal
value (NV) during the period of review
(POR), October 1, 2016, through
September 30, 2017. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable July 13, 2018.
FOR FURTHER INFORMATION CONTACT:
Trenton Duncan or Ian Hamilton, AD/
CVD Operations, Office V, Enforcement
and Compliance, International Trade
Administration, Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3539, or (202) 482–4798,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
This administrative review is being
conducted in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act). Commerce
published the notice of initiation of this
administrative review on steel wire
garment hangers from the People’s
Republic of China (China) on December
7, 2017.1 On April 26, 2018,2 Commerce
partially rescinded the review on 17
companies. Commerce exercised its
discretion to toll all deadlines affected
by the closure of the Federal
Government from January 20 through
22, 2018. As a result, the revised
deadline for the preliminary results of
this administrative review is now July 6,
2018.3
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 82 FR
57705 (December 7, 2017).
2 See Steel Wire Garment Hangers from the
People’s Republic of China; 2016–2017; Partial
Rescission of the Ninth Antidumping Duty
Administrative Review, 83 FR 18276 (April 26,
2018).
3 See Memorandum for The Record from
Christian Marsh, Deputy Assistant Secretary for
Enforcement and Compliance, performing the nonexclusive functions and duties of the Assistant
Antidumping Duty Order.
VerDate Sep<11>2014
DEPARTMENT OF COMMERCE
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Scope of the Order
The merchandise subject to the Order
is steel wire garment hangers.4 The
products are currently classifiable under
the Harmonized Tariff Schedule of the
United States (HTSUS) subheadings:
7326.20.0020, 7323.99.9060, and
7323.99.9080. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written product description of the scope
of the order remains dispositive.5
China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.6 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity in this
review, the entity is not under review
and the entity’s rate is not subject to
change, (i.e., 187.25 percent).7
Separate Rates
Commerce preliminarily determines
that information placed on the record by
Shanghai Wells demonstrates that this
entity is entitled to separate rate status.8
For additional information, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
of the Act. We calculated constructed
export prices and export prices in
accordance with section 772 of the Act.
Because China is a non-market economy
Secretary for Enforcement and Compliance,
‘‘Deadlines Affected by the Shutdown of the Federal
Government,’’ dated January 23, 2018. All deadlines
in this segment of the proceeding have been
extended by three days.
4 See Notice of Antidumping Duty Order: Steel
Wire Garment Hangers from the People’s Republic
of China, 73 FR 58111 (October 6, 2008) (Order).
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Antidumping Duty
Administrative Review of Steel Wire Garment
Hangers from the People’s Republic of China; 2016–
2017,’’ dated concurrently with and hereby adopted
by this notice (Preliminary Decision Memorandum).
6 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
7 See Steel Wire Garment Hangers from the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review; 2013–
2014, 80 FR 41480 (July 15, 2015), and
accompanying Preliminary Decision Memorandum,
unchanged in Steel Wire Garment Hangers from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review, 2013–
2014, 80 FR 69942 (November 12, 2015).
8 See Shanghai Wells’ January 18, 2018 Section A
Questionnaire Response at 1–8.
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]]>Agencies
[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32632-32634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15013]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-845]
Certain Hot-Rolled Steel Flat Products From Brazil: Preliminary
Results of the Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on certain hot-
rolled steel flat products from Brazil. The period of review (POR) is
March 22, 2016, through Septemer 30, 2017. This review covers six
producers/exporters of the subject merchandise. Commerce selected one
mandatory respondent, Companhia Siderurgica Nacional (CSN), for
individual examination. We preliminarily determine that sales of
subject merchandise have been made below normal value (NV) during the
POR. We invite interested parties to comment on these preliminary
results.
DATES: Applicable July 13, 2018.
FOR FURTHER INFORMATION CONTACT: Peter Zukowski, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-0189.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by this investigation are certain hot-rolled
steel flat products from Brazil. For a complete description of the
scope of this order, please see the accompanying Preliminary Decision
Memorandum.\1\
---------------------------------------------------------------------------
\1\ See the Memorandum, ``Certain Hot-Rolled Steel Flat Products
from Brazil: Decision Memorandum for Preliminary Results of the
Antidumping Duty Administrative Review; 2016-2017'' (dated
concurrently with this Federal Register notice) (Preliminary
Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a) of the Tariff Act of 1930, as amended (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,
and to all parties in the Central Records Unit, room B8024 of the main
Department of Commerce building. In addition, a complete version of the
Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum
and the electronic version of the Preliminary Decision Memorandum are
identical in content. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as the Appendix to this notice.
Adverse Facts Available
Pursuant to section 776(a) and (b) of the Act, Commerce has
preliminarily relied upon facts otherwise available with adverse
inferences (AFA) for CSN because this respondent did not respond to
Commerce's antidumping duty questionnaire. For a complete explanation
of the methodology and analysis underlying the preliminary application
of AFA, see the Preliminary Decision Memorandum.
Adjustment for Export Subsidies
In the original investigation, we subtracted from the final dumping
margin of 33.14 percent the portion of CSN's countervailing duty rate
attributable to export subsidies (4.07 percent) in order to calculate
the cash-deposit rate of 29.07 percent.\2\ Since the publication of the
Antidumping Duty Order, we have not conducted an
[[Page 32633]]
administrative review of the countervailing duty order on Hot-Rolled
Steel from Brazil.\3\ Therefore, the portion of the countervailing duty
rate attributable to export subsidies currently in effect for CSN is
4.07 percent. Further, imports from CSN during the POR were subject to
countervailing duties to offset export subsidies of 4.07 percent or
more. As such, we have adjusted the dumping margin to ensure that, in
accordance with section 772(c)(1)(C) of the Act, we do not collect
duties attributable to export subsidies twice.
---------------------------------------------------------------------------
\2\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Antidumping Duty Order).
\3\ This is the first administrative review following the
completion of the investigation.
---------------------------------------------------------------------------
Rate for Non-Selected Companies
In accordance with the U.S. Court of Appeals for the Federal
Circuit's decision in Albemarle Corp. v. United States,\4\ we are
applying to the non-selected companies the adjusted dumping margin we
are preliminarily applying to CSN in this administrative review.\5\
This is the only rate determined in this review for an individual
respondent, and thus, it is applicable to the non-selected companies
under section 735(c)(5)(B) of the Act. For a detailed discussion, see
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\4\ See Albemarle Corp. v. United States, 821 F.3d 1345 (Fed.
Cir. 2016).
\5\ See, e.g., Diamond Sawblades and Parts Thereof from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2015-2016, 83 FR 17527 (April 20, 2018).
---------------------------------------------------------------------------
Preliminary Results of the Review
As a result of this review, Commerce preliminarily determines that
for the period March 22, 2016, through Septemer 30, 2017, the following
weighted-average dumping margins exist: \6\
---------------------------------------------------------------------------
\6\ See Preliminary Decision Memorandum for more detail.
------------------------------------------------------------------------
Weighted-average Rate adjusted for
Exporter and/or producer dumping margin export subsidies
------------------------------------------------------------------------
Aperam South America.............. 34.28 30.21
ArcelorMittal Brasil.............. 34.28 30.21
Companhia Siderurgica Nacional.... 34.28 30.21
Companhia Siderurgica Suape....... 34.28 30.21
Marcegaglia do Brasil............. 34.28 30.21
Usinas Siderurgicas de Minas 34.28 30.21
Gerais SA........................
------------------------------------------------------------------------
Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with the preliminary results within five days
of the date of publication of the notice of preliminary results in the
Federal Register, in accordance with 19 CFR 351.224(b). However, there
are no calculations to disclose because, in accordance with section 776
of the Act, we have relied on the application of AFA to CSN, the only
mandatory respondent subject to this review, for purposes of these
preliminary results for CSN. Because the AFA dumping margin is based
solely on a dumping margin applied in a prior segment of this
proceeding, there are no calculations to disclose.
Public Comment
Interested parties may submit case briefs not later than 30 days
after the date of publication of this notice.\7\ Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
five days after the time limit for filing case briefs.\8\ 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.\9\ Case and
rebuttal briefs should be filed using ACCESS.\10\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.309(c)(ii).
\8\ See 19 CFR 351.309(d)(1).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303.
---------------------------------------------------------------------------
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. An electronically-filed document must be received successfully
in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after
the date of publication of this notice.\11\ 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, parties will be notified of
the time and date for the hearing to be held at the U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.\12\
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\11\ See 19 CFR 351.310(c).
\12\ [thinsp]Id.
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of arguments raised in
any written briefs, not later than 120 days after the publication of
these preliminary results in the Federal Register, unless otherwise
extended.\13\
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\13\ 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 U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\14\ 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.\15\ We intend to issue instructions to CBP 15
days after the publication date of the final results of this review.
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\14\ See 19 CFR 351.212(b).
\15\ See section 751(a)(2)(C) of the Act.
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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 each specific
company listed above will be that 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 companies not participating in this review, the cash
deposit 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,
or the original less-than-fair-value (LTFV)
[[Page 32634]]
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent segment for the manufacturer
of the merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 29.07 percent, the all-
others rate established in the LTFV investigation.\16\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\16\ See Antidumping Duty Order.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: July 6, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, 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. Application of Facts Available and Adverse Inferences
A. Use of Facts Available
B. Application of Facts Available With an Adverse Inference
C. Selection and Corroboration of Adverse Facts Available Rate
D. Rate for Non-Selected Companies
V. Conclusion
[FR Doc. 2018-15013 Filed 7-12-18; 8:45 am]
BILLING CODE 3510-DS-P
