Certain Hot-Rolled Steel Flat Products From Australia: Final Results of Antidumping Duty Administrative Review; 2016-2017, 18241-18242 [2019-08707]

Download as PDF Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Notices DEPARTMENT OF COMMERCE International Trade Administration amozie on DSK9F9SC42PROD with NOTICES Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the emergency provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: International Trade Administration (ITA). Title: Interim Procedures for Considering Requests from the Public under the Textile and Apparel Safeguard Provision of the United States- Korea Free Trade Agreement. OMB Control Number: 0625–0269. Form Number(s): Non-applicable. Type of Request: Regular submission. Number of Respondents: 14. Average Hours per Response: 4 hours for a Textile and Apparel Safeguard Request; and 4 hours for a Comment. Burden Hours: 56. Needs and Uses: Title III, Subtitle C, Section 331 through Section 338 of the United States-Korea Free Trade Agreement Implementation Act (the ‘‘Act’’) implements the textile and apparel safeguard provisions, provided for in Article 4.1 of the United StatesKorea Free Trade Agreement (the ‘‘Agreement’’), which entered into force on March 15, 2012. This safeguard mechanism applies when, as a result of the reduction or elimination of a customs duty under the Agreement, a Korean textile or apparel article is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage or actual threat thereof to a U.S. industry producing a like or directly competitive article. In these circumstances, Article 4.1.1(b) permits the United States to (a) suspend any further reduction in the rate of duty provided for under Annex 2–B of the Agreement in the duty imposed on the article; or (b) increase duties on the imported article from Korea to a level that does not exceed the lesser of the prevailing U.S. normal trade relations (‘‘NTR’’)/most-favorednation (‘‘MFN’’) duty rate for the article or the U.S. NTR/MFN duty rate in effect on the day before the Agreement enters into force. The Statement of Administrative Action accompanying the Act provides that the Committee for the Implementation of Textile Agreements (CITA) will issue procedures for VerDate Sep<11>2014 18:08 Apr 29, 2019 Jkt 247001 requesting such safeguard measures, for making its determinations under Section 332(a) of the Act, and for providing relief under Section 332(b) of the Act. CITA was unable to publish these procedures earlier and is requesting an emergency review of the information collection and procedures from the Office of Management and Budget. CITA must collect information in order to determine whether a domestic textile or apparel industry is being adversely impacted by imports of these products from Korean, thereby allowing CITA to take corrective action to protect the viability of the domestic textile or apparel industry, subject to section 332(b) of the Act. Affected Public: Business or other forprofit organizations. Frequency: On occasion. Respondent’s Obligation: Voluntary. Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@ omb.eop.gov or fax to (202) 395–5806. Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2019–08654 Filed 4–29–19; 8:45 am] BILLING CODE 3510–FP–P DEPARTMENT OF COMMERCE International Trade Administration [A–602–809] Certain Hot-Rolled Steel Flat Products From Australia: Final Results of Antidumping Duty Administrative Review; 2016–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and BlueScope Steel Distribution Pty Ltd. (collectively, BlueScope) made sales of certain hot-rolled steel flat products from Australia at less than normal value during the period of review (POR), March 22, 2016, through September 30, 2017. DATES: Applicable April 30, 2019. FOR FURTHER INFORMATION CONTACT: Amanda Brings, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3927. AGENCY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 18241 SUPPLEMENTARY INFORMATION: Background Commerce published the Preliminary Results of this antidumping duty administrative review on certain hotrolled steel flat products from Australia on November 14, 2018.1 For events subsequent to the Preliminary Results, see Commerce’s Issues and Decision Memorandum.2 We invited interested parties to comment on the Preliminary Results. On December 14, 2018, Commerce received a timely filed case brief from BlueScope.3 On December 19, 2018, Commerce received a timely filed rebuttal brief from United States Steel Corporation, ArcelorMittal USA, Nucor Corporation, AK Steel Corporation, Steel Dynamics, and SSAB Enterprises (collectively, the petitioners). On March 5, 2019, Commerce held a public hearing. Commerce conducted this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Commerce exercised its discretion to toll all deadlines affected by the partial federal government closure from December 22, 2018, through the resumption of operations on January 29, 2019.4 If the new deadline falls on a non-business day, in accordance with Commerce’s practice, the deadline will become the next business day. The revised deadline for the final results decision is now April 23, 2019. Scope of the Order The product covered by this review is certain hot-rolled steel flat products from Australia. For a full description of the scope, see the Issues and Decision Memorandum. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this 1 See Certain Hot-Rolled Steel Flat Products from Australia: Preliminary Results of Antidumping Duty Administrative Review; 2016–2017, 83 FR 56817 (November 14, 2018) (Preliminary Results). 2 See Memorandum, ‘‘Issues and Decision Memorandum for the Antidumping Duty Administrative Review: Certain Hot-Rolled Steel Flat Products from Australia; 2016–2017,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). 3 In the investigation, Commerce found that BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and BlueScope Steel Distribution Pty Ltd. (collectively, BlueScope) are a single entity and, because there were no changes to the facts which supported that decision since that determination was made, we continue to find that these companies are a single entity for this administrative review. See Certain Hot-Rolled Steel Flat Products from Australia: Final Determination of Sales at Less Than Fair Value, 81 FR 53406, 53407 (August 12, 2016). 4 See Memorandum, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated January 28, 2019. E:\FR\FM\30APN1.SGM 30APN1 18242 Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Notices administrative review are addressed in the Issues and Decision Memorandum. A list of the issues that parties raised and to which we responded is attached to this notice as an Appendix. 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 https://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/ index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our review of the record and comments received from interested parties regarding our Preliminary Results, Commerce has made no changes to the Preliminary Results. As stated in the Preliminary Results, we found that the application of total facts otherwise available with adverse inferences, for BlueScope’s dumping margin, pursuant to sections 776(a) and (b) of the Act, was warranted. Final Results of the Review We determine that, for the period of March 22, 2016, through September 30, 2017, the following dumping margin exists: Dumping margin (percent) Exporter/producer BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and BlueScope Steel Distribution Pty Ltd ............................ 99.20 Disclosure The final dumping margin assigned to BlueScope for the final results in this review is based on total facts available with adverse inferences. Accordingly, no disclosure of calculations is necessary for these final results. amozie on DSK9F9SC42PROD with NOTICES Assessment Rate Pursuant to section 751(a)(2)(A) 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 the final results of this review. Commerce shall instruct CBP to apply an ad valorem assessment rate of VerDate Sep<11>2014 18:08 Apr 29, 2019 Jkt 247001 99.20 percent to all entries of subject merchandise during the POR which were produced and/or exported by BlueScope. We intend to issue assessment instructions directly to CBP 15 days after publication of the final results of this review. Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review 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 BlueScope will be the rate established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, 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 subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 29.58 percent, the all-others rate established in the original investigation.5 These cash deposit requirements, when imposed, shall remain in effect until further notice. 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 POR. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping and/or countervailing duties occurred and the subsequent assessment of doubled antidumping duties. 5 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). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective orders (APO) of their responsibility concerning the return or 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/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. We are issuing and publishing these final results of administrative review in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 351.221(b)(5) of Commerce’s regulations. Dated: April 23, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. List of Issues III. Background IV. Scope of the Order V. Discussion of Issues Comment 1: Whether Commerce’s Application of AFA to BlueScope was Warranted Comment 2: Whether Using the Petition Rate as the AFA Rate was Appropriate VI. Recommendation [FR Doc. 2019–08707 Filed 4–29–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG963 Pacific Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. AGENCY: The Pacific Fishery Management Council’s (Pacific Council) ad hoc Sablefish Management and Trawl Allocation Attainment Committee (SaMTAAC) will hold a meeting. DATES: The meeting will be held Tuesday, May 21 and Wednesday, May SUMMARY: E:\FR\FM\30APN1.SGM 30APN1

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[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Notices]
[Pages 18241-18242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08707]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-809]


Certain Hot-Rolled Steel Flat Products From Australia: Final 
Results of Antidumping Duty Administrative Review; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that 
BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and BlueScope 
Steel Distribution Pty Ltd. (collectively, BlueScope) made sales of 
certain hot-rolled steel flat products from Australia at less than 
normal value during the period of review (POR), March 22, 2016, through 
September 30, 2017.

DATES: Applicable April 30, 2019.

FOR FURTHER INFORMATION CONTACT: Amanda Brings, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3927.

SUPPLEMENTARY INFORMATION:

Background

    Commerce published the Preliminary Results of this antidumping duty 
administrative review on certain hot-rolled steel flat products from 
Australia on November 14, 2018.\1\ For events subsequent to the 
Preliminary Results, see Commerce's Issues and Decision Memorandum.\2\ 
We invited interested parties to comment on the Preliminary Results. On 
December 14, 2018, Commerce received a timely filed case brief from 
BlueScope.\3\ On December 19, 2018, Commerce received a timely filed 
rebuttal brief from United States Steel Corporation, ArcelorMittal USA, 
Nucor Corporation, AK Steel Corporation, Steel Dynamics, and SSAB 
Enterprises (collectively, the petitioners). On March 5, 2019, Commerce 
held a public hearing. Commerce conducted this review in accordance 
with section 751 of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Certain Hot-Rolled Steel Flat Products from Australia: 
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 56817 (November 14, 2018) (Preliminary Results).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Antidumping Duty Administrative Review: Certain Hot-Rolled Steel 
Flat Products from Australia; 2016-2017,'' dated concurrently with, 
and hereby adopted by, this notice (Issues and Decision Memorandum).
    \3\ In the investigation, Commerce found that BlueScope Steel 
Ltd., BlueScope Steel (AIS) Pty Ltd., and BlueScope Steel 
Distribution Pty Ltd. (collectively, BlueScope) are a single entity 
and, because there were no changes to the facts which supported that 
decision since that determination was made, we continue to find that 
these companies are a single entity for this administrative review. 
See Certain Hot-Rolled Steel Flat Products from Australia: Final 
Determination of Sales at Less Than Fair Value, 81 FR 53406, 53407 
(August 12, 2016).
---------------------------------------------------------------------------

    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019.\4\ If the new 
deadline falls on a non-business day, in accordance with Commerce's 
practice, the deadline will become the next business day. The revised 
deadline for the final results decision is now April 23, 2019.
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Deadlines Affected by the Partial Shutdown 
of the Federal Government,'' dated January 28, 2019.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this review is certain hot-rolled steel flat 
products from Australia. For a full description of the scope, see the 
Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this

[[Page 18242]]

administrative review are addressed in the Issues and Decision 
Memorandum. A list of the issues that parties raised and to which we 
responded is attached to this notice as an Appendix. 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 https://access.trade.gov and in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html. 
The signed Issues and Decision Memorandum and the electronic versions 
of the Issues and Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties regarding our Preliminary Results, Commerce has made 
no changes to the Preliminary Results. As stated in the Preliminary 
Results, we found that the application of total facts otherwise 
available with adverse inferences, for BlueScope's dumping margin, 
pursuant to sections 776(a) and (b) of the Act, was warranted.

Final Results of the Review

    We determine that, for the period of March 22, 2016, through 
September 30, 2017, the following dumping margin exists:

------------------------------------------------------------------------
                                                                Dumping
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and          99.20
 BlueScope Steel Distribution Pty Ltd.......................
------------------------------------------------------------------------

Disclosure

    The final dumping margin assigned to BlueScope for the final 
results in this review is based on total facts available with adverse 
inferences. Accordingly, no disclosure of calculations is necessary for 
these final results.

Assessment Rate

    Pursuant to section 751(a)(2)(A) 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 the final results of this review. 
Commerce shall instruct CBP to apply an ad valorem assessment rate of 
99.20 percent to all entries of subject merchandise during the POR 
which were produced and/or exported by BlueScope.
    We intend to issue assessment instructions directly to CBP 15 days 
after publication of the final results of this review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the notice of final results of administrative review 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 BlueScope will 
be the rate established in the final results of this administrative 
review; (2) for merchandise exported by producers or exporters not 
covered in this administrative review but covered in a prior segment of 
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this 
proceeding; (3) if the exporter is not a firm covered in this review, a 
prior review, or the original investigation, 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 subject 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 29.58 percent, the all-others rate 
established in the original investigation.\5\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \5\ 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).
---------------------------------------------------------------------------

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 POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent assessment of doubled antidumping duties.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or 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/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.
    We are issuing and publishing these final results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act 
and 19 CFR 351.213(h) and 351.221(b)(5) of Commerce's regulations.

    Dated: April 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of Issues
    Comment 1: Whether Commerce's Application of AFA to BlueScope 
was Warranted
    Comment 2: Whether Using the Petition Rate as the AFA Rate was 
Appropriate
VI. Recommendation

[FR Doc. 2019-08707 Filed 4-29-19; 8:45 am]
BILLING CODE 3510-DS-P