Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From the Russian Federation: Preliminary No Shipments Determination of Antidumping Duty Administrative Review; 2017-2018, 53408-53411 [2019-21823]
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53408
Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Notices
Section 766.25 of the Regulations
provides, in pertinent part, that the
‘‘Director of [BIS’s] Office of Exporter
Services, in consultation with the
Director of [BIS’s] Office of Export
Enforcement, may deny the export
privileges of any person who has been
convicted of a violation of . . . section
38 of the Arms Export Control Act (22
U.S.C. 2778).’’ 15 CFR 766.25(a). The
denial of export privileges under this
provision may be for a period of up to
10 years from the date of the conviction.
15 CFR 766.25(d).2 In addition,
pursuant to Section 750.8 of the
Regulations, BIS’s Office of Exporter
Services may revoke any BIS-issued
licenses in which the person had an
interest at the time of his/her
conviction.3
BIS has received notice of Luque’s
conviction for violating Section 38 of
the AECA and pursuant to Section
766.25 of the Regulations has provided
notice and an opportunity for Luque to
make a written submission to BIS. BIS
has not received a submission from
Luque.
Based upon my review and
consultations with BIS’s Office of
Export Enforcement, including its
Director, and the facts available to BIS,
I have decided to deny Luque’s export
privileges under the Regulations for a
period of seven years from the date of
Luque’s conviction. I have also decided
to revoke any BIS-issued license in
which Luque had an interest at the time
of her conviction.
Accordingly, it is hereby ordered:
First, from the date of this Order until
April 25, 2025, Barbara Jo Luque, with
774 (2019). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which has been
extended by successive Presidential Notices, the
most recent being that of August 14, 2019 (84 FR
41,881 (Aug. 15, 2019)), continued the Regulations
in full force and effect under the International
Emergency Economic Powers Act, 50 U.S.C. 1701,
et seq. (2012) (‘‘IEEPA’’). On August 13, 2018, the
President signed into law the John S. McCain
National Defense Authorization Act for Fiscal Year
2019, which includes the Export Control Reform
Act of 2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While
Section 1766 of ECRA repeals the provisions of the
EAA (except for three sections which are
inapplicable here), Section 1768 of ECRA provides,
in pertinent part, that all rules and regulations that
were made or issued under the EAA, including as
continued in effect pursuant to IEEPA, and were in
effect as of ECRA’s date of enactment (August 13,
2018), shall continue in effect according to their
terms until modified, superseded, set aside, or
revoked through action undertaken pursuant to the
authority provided under ECRA.
2 See also Section 11(h) of the EAA, 50 U.S.C.
4610(h) (Supp. III 2015); Sections 1760(e) and 1768
of ECRA, 50 U.S.C. 4819 and 4826; and note 1,
supra.
3 See notes 1 and 2, supra.
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a last known address of 7582 South
Ocean Port Drive, Tucson, AZ 85757,
and when acting for or on her behalf,
her successors, assigns, employees,
agents or representatives (‘‘the Denied
Person’’), may not directly or indirectly
participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or engaging
in any other activity subject to the
Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or
from any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
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controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, after notice and opportunity for
comment as provided in Section 766.23
of the Regulations, any other person,
firm, corporation, or business
organization related to Luque by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Luque may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Luque and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until April 25, 2025.
Issued this 30th day of September 2019.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2019–21740 Filed 10–4–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–809]
Certain Hot-Rolled Flat-Rolled CarbonQuality Steel Products From the
Russian Federation: Preliminary No
Shipments Determination of
Antidumping Duty Administrative
Review; 2017–2018
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 flat-rolled carbon-quality steel
products (hot-rolled steel) from the
Russian Federation. The period of
review (POR) is December 1, 2017
through November 30, 2018. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable October 7, 2019.
AGENCY:
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Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Notices
FOR FURTHER INFORMATION CONTACT:
Preston Cox, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–5041.
SUPPLEMENTARY INFORMATION:
Background
In response to Commerce’s notice of
opportunity to request an administrative
review on hot-rolled steel from the
Russian Federation,1 Nucor
Corporation, AK Steel Corporation,
ArcelorMittal USA LLC, United States
Steel Corporation, California Steel
Industries, Steel Dynamics, Inc., and
SSAB Enterprises LLC (domestic
interested parties) timely requested an
administrative review with respect to
Novolipetsk Steel (NLMK), Severstal
PAO, and Severstal Export GmbH.2 On
January 28, 2019, Commerce exercised
its discretion to toll all deadlines for
reviews of antidumping duty orders
with December anniversary dates which
were affected by the partial government
shutdown by 31 days.3
On March 14, 2019, Commerce
published in the Federal Register a
notice of initiation of an administrative
review of the antidumping duty order
on hot-rolled steel from the Russian
Federation covering three companies:
NLMK, Severstal PAO, and Severstal
Export GmbH.4 Subsequently, on April
9, 2019, Commerce received a letter
from NLMK reporting that it had no
exports, sales, or entries of subject
merchandise into the United States
during the POR.5 On April 18, 2019,
Commerce received a letter from
Severstal PAO reporting it had no
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 83 FR 62293
(December 3, 2018).
2 See Domestic Interested Parties’ Letter, ‘‘Certain
Hot-Rolled Carbon Steel Flat Products from Russia:
Request for Administrative Review,’’ dated
December 31, 2018.
3 See Memorandum to the Record from Steven
Presing, ‘‘December Order Deadlines Affected by
the Partial Shutdown of the Federal Government,’’
dated August 7, 2019.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
9297 (March 14, 2019).
5 See NLMK’s Letter, ‘‘Certification of No
Shipments for Novolipetsk Steel: Administrative
Review of the Antidumping Duty Order on Certain
Hot-Rolled-Carbon-Quality Steel Products from the
Russian Federation 12/1/2017 to 11/30/2018,’’
dated April 9, 2019.
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18:29 Oct 04, 2019
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exports, sales, or entries of subject
merchandise into the United States
during the POR.6 Similarly, on April 25,
2019, Commerce received a letter from
Severstal Export GmbH reporting it had
no exports, sales, or entries of subject
merchandise into the United States
during the POR.7 On June 28, 2019, we
transmitted a ‘‘No-Shipment Inquiry’’ to
U.S. Customs and Border Protection
(CBP) regarding NLMK, Severstal PAO,
and Severstal Export GmbH, to which
CBP responded that it found no
shipments of hot-rolled steel from
NLMK, Severstal PAO, and Severstal
Export GmbH during the POR.8
Scope of the Order
For the purposes of this order, ‘‘hotrolled steel’’ means certain hot-rolled
flat-rolled carbon-quality steel products
of a rectangular shape, of a width of 0.5
inch or greater, neither clad, plated, nor
coated with metal and whether or not
painted, varnished, or coated with
plastics or other non-metallic
substances, in coils (whether or not in
successively superimposed layers)
regardless of thickness, and in straight
lengths, of a thickness less than 4.75
mm and of a width measuring at least
10 times the thickness.
Universal mill plate (i.e., flat-rolled
products rolled on four faces or in a
closed box pass, of a width exceeding
150 mm but not exceeding 1250 mm
and of a thickness of not less than 4
mm, not in coils and without patterns
in relief) of a thickness not less than 4.0
mm is not included within the scope of
this order.
Specifically included in this scope are
vacuum degassed, fully stabilized
(commonly referred to as interstitial-free
(IF)) steels, high strength low alloy
(HSLA) steels, and the substrate for
motor lamination steels. IF steels are
6 See Severstal PAO’s Letter, ‘‘Administrative
Review of the Antidumping Order on Certain HotRolled
Carbon-Quality Steel Products from the Russian
Federation: Certification of No Shipments for PAO
Severstal,’’ dated April 18, 2019.
7 See Severstal Export GmbH’s Letter,
‘‘Administrative Review of the Antidumping Order
on Certain Hot-Rolled Carbon-Quality Steel
Products from the Russian Federation: Certification
of No Shipments for JSC Severstal,’’ dated April 25,
2019.
8 See Memorandum, ‘‘Hot-rolled flat-rolled
carbon-quality steel products from the Russia
Federation (Commerce A–821–809; Customs A–
462–809),’’ dated July 1, 2019 (Customs Liaison
Unit Memorandum).
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53409
recognized as low carbon steels with
micro-alloying levels of elements such
as titanium and/or niobium added to
stabilize carbon and nitrogen elements.
HSLA steels are recognized as steels
with micro-alloying levels of elements
such as chromium, copper, niobium,
titanium, vanadium, and molybdenum.
The substrate for motor lamination
steels contains micro-alloying levels of
elements such as silicon and aluminum.
Steel products to be included in the
scope of this order, regardless of
Harmonized Tariff Schedule of the
United States (HTSUS) definitions, are
products in which: (1) Uiron
predominates, by weight, over each of
the other contained elements; (2) the
carbon content is 2 percent or less, by
weight; and (3) none of the elements
listed below exceeds the quantity, by
weight, respectively indicated: 1.80
percent of manganese, or 1.50 percent of
silicon, or 1.00 percent of copper, or
0.50 percent of aluminum, or 1.25
percent of chromium, or 0.30 percent of
cobalt, or 0.40 percent of lead, or 1.25
percent of nickel, or 0.30 percent of
tungsten, or 0.012 percent of boron, or
0.10 percent of molybdenum, or 0.10
percent of niobium, or 0.41 percent of
titanium, or 0.15 percent of vanadium,
or 0.15 percent of zirconium.
All products that meet the physical
and chemical description provided
above are within the scope of this
agreement unless otherwise excluded.
The following products, by way of
example, are outside and/or specifically
excluded from the scope of this
agreement:
— Alloy hot-rolled steel products in
which at least one of the chemical
elements exceeds those listed above
(including e.g., ASTM specifications
A543, A387, A514, A517, and A506).
— SAE/AISI grades of series 2300 and
higher.
— Ball bearing steels, as defined in the
HTSUS.
— Tool steels, as defined in the HTSUS.
— Silica-manganese (as defined in the
HTSUS) or silicon electrical steel with
a silicon level exceeding 1.50 percent.
— ASTM specifications A710 and A736.
— USS Abrasion-resistant steels (USS
AR 400, USS AR 500).
— Hot-rolled steel coil which meets the
following chemical, physical and
mechanical specifications:
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Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Notices
C
Mn
P
S
Si
Cr
Cu
Ni
0.10–0.14%
0.90% Max
0.025% Max
0.005% Max
0.30 ¥ 0.50%
0.50 ¥ 0.70%
0.20 ¥ 0.40%
0.20% Max
Width = 44.80 inches maximum; Thickness = 0.063 ¥ 0.198 inches; Yield Strength = 50,000 ksi minimum; Tensile Strength = 70,000 ¥
88,000 psi.
—Hot-rolled steel coil which meets the
following chemical, physical and
mechanical specifications:
C
Mn
P
S
Si
Cr
Cu
Ni
0.10 ¥ 0.16%
0.70% ¥
0.90%
........................
........................
0.025% Max
0.006% Max
0.30 ¥ 0.50%
0.50 ¥ 0.70%
0.25% Max
0.20% Max
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
Mo
0.21% Max
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi
Aim.
—Hot-rolled steel coil which meets the
following chemical, physical and
mechanical specifications:
C
Mn
P
S
Si
Cr
Cu
Ni
0.10 ¥ 0.14%
V(wt.)
0.10% Max
1.30 ¥ 1.80%
Cb
0.08% Max
0.025% Max
........................
........................
0.005% Max
........................
........................
0.30 ¥ 0.50%
........................
........................
0.50 ¥ 0.70%
........................
........................
0.20 ¥ 0.70%
........................
........................
0.20% Max
........................
........................
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi
Aim.
—Hot-rolled steel coil which meets the
following chemical, physical and
mechanical specifications:
C
Mn
P
S
Si
Cr
Cu
Ni
0.15% Max
Nb
0.005% Max
1.40% Max
Ca
Treated
0.025% Max
Al
0.01 ¥ 0.07%
0.010% Max
........................
........................
0.50% Max
........................
........................
1.00% Max
........................
........................
0.50% Max
........................
........................
.20% Max
........................
........................
Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield Strength = 70,000 psi minimum for thicknesses ≤ 0.148 inches and 65,000
psi minimum for thicknesses > 0.148 inches; Tensile Strength = 80,000 psi minimum.
Hot-rolled dual phase steel, phasehardened, primarily with a ferriticmartensitic microstructure, contains
0.9 percent up to and including 1.5
percent silicon by weight, further
characterized by either (i) tensile
strength between 540 N/mm2 and 640
N/mm2 and an elongation percentage
≥ 26 percent for thicknesses of 2 mm
and above, or (ii) a tensile strength
between 590 N/mm2 and 690 N/mm2
and an elongation percentage ≥ 25
percent for thicknesses of 2mm and
above.
Hot-rolled bearing quality steel, SAE
grade 1050, in coils, with an inclusion
rating of 1.0 maximum per ASTM E
45, Method A, with excellent surface
quality and chemistry restrictions as
follows: 0.012 percent maximum
phosphorus, 0.015 percent maximum
sulfur, and 0.20 percent maximum
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18:29 Oct 04, 2019
Jkt 250001
residuals including 0.15 percent
maximum chromium.
Grade ASTM A570–50 hot-rolled steel
sheet in coils or cut lengths, width of
74 inches (nominal, within ASTM
tolerances), thickness of 11 gauge
(0.119 inches nominal), mill edge and
skin passed, with a minimum copper
content of 0.20 percent.
The covered merchandise is classified
in the HTSUS at subheadings:
7208.10.15.00, 7208.10.30.00,
7208.10.60.00, 7208.25.30.00,
7208.25.60.00, 7208.26.00.30,
7208.26.00.60, 7208.27.00.30,
7208.27.00.60, 7208.36.00.30,
7208.36.00.60, 7208.37.00.30,
7208.37.00.60, 7208.38.00.15,
7208.38.00.30, 7208.38.00.90,
7208.39.00.15, 7208.39.00.30,
7208.39.00.90, 7208.40.60.30,
7208.40.60.60, 7208.53.00.00,
7208.54.00.00, 7208.90.00.00,
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7210.70.30.00, 7210.90.90.00,
7211.14.00.30, 7211.14.00.90,
7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00,
7211.19.60.00, 7211.19.75.30,
7211.19.75.60, 7211.19.75.90,
7212.40.10.00, 7212.40.50.00,
7212.50.00.00. Certain hot-rolled flatrolled carbon-quality steel covered
include: Vacuum degassed, fully
stabilized; high strength low alloy; and
the substrate for motor lamination steel
may also enter under the following tariff
numbers: 7225.11.00.00, 7225.19.00.00,
7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90,
7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00,
7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and
7226.99.01.80. Although the HTSUS
subheadings are provided for
convenience and Customs purposes, the
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Federal Register / Vol. 84, No. 194 / Monday, October 7, 2019 / Notices
written description of the covered
merchandise is dispositive.
Preliminary Determination of No
Shipments
Based on record evidence, we
preliminarily determine that NLMK,
Severstal PAO, and Severstal Export
GmbH had no shipments of subject
merchandise during the POR.
Specifically, CBP indicated that it found
no shipments by NLMK, Severstal PAO,
and Severstal Export GmbH during the
POR.9 Consistent with Commerce’s
practice, we find that it is not
appropriate to rescind the review with
respect to NLMK, Severstal PAO, and
Severstal Export GmbH but, rather, to
complete the review and issue
appropriate instructions to CBP based
on the final results of this review.10
Public Comment
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.11
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.12 Parties who submit case 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.13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce using
Enforcement and Compliance’s ACCESS
system within 30 days after the date of
publication of this notice.14 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 those
9 See
Customs Liaison Unit Memorandum.
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); Magnesium Metal From the
Russian Federation: Preliminary Results of
Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in
Magnesium Metal From the Russian Federation:
Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
11 See 19 CFR 351.309(c)(1)(ii).
12 See 19 CFR 351.309(d).
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See 19 CFR 351.310(c).
10 See,
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18:29 Oct 04, 2019
Jkt 250001
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at the U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, at a time
and date to be determined. Parties
should confirm by telephone the date,
time, and location of the hearing two
days before the scheduled date.
All submissions must be filed
electronically using ACCESS and served
on interested parties.15 An
electronically-filed document must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Standard
Time on the date that the document is
due.
Unless the deadline is extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act).
Assessment Rates
In accordance with Commerce’s
practice, we find it appropriate to
complete the review and issue
liquidation instructions to CBP
concerning entries for NLMK, Severstal
PAO, and Severstal Export GmbH
following issuance of the final results of
review. If we continue to find that
NLMK, Severstal PAO, and Severstal
Export GmbH had no shipments of
subject merchandise in the final results,
we will instruct CBP to liquidate any
existing entries of merchandise
produced by NLMK, Severstal PAO, and
Severstal Export GmbH, but exported by
other parties, at the rate for the
intermediate reseller, if available, or at
the all-others rate.16
We intend to issue instructions to
CBP 15 days after the publication date
of the final results of this review.
Cash Deposit Requirements
If the final results of review continue
to find that NLMK, Severstal PAO, and
Severstal Export GmbH had no
shipments during the POR, there will be
no change to the existing cash deposit
requirements.
Notification to Importers
This notice also 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
15 See
19 CFR 351.303(f).
16 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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53411
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) of the Act.
Dated: September 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–21823 Filed 10–4–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
various antidumping and countervailing
duty orders and findings with August
anniversary dates. In accordance with
Commerce’s regulations, we are
initiating those administrative reviews.
DATES: Applicable October 7, 2019.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, Office of AD/CVD
Operations, Customs Liaison Unit,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, telephone: (202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various antidumping and countervailing
duty orders and findings with August
anniversary dates.
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
E:\FR\FM\07OCN1.SGM
07OCN1
]]>Agencies
[Federal Register Volume 84, Number 194 (Monday, October 7, 2019)]
[Notices]
[Pages 53408-53411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21823]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-809]
Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From
the Russian Federation: Preliminary No Shipments Determination of
Antidumping Duty Administrative Review; 2017-2018
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 flat-rolled carbon-quality steel products (hot-rolled steel)
from the Russian Federation. The period of review (POR) is December 1,
2017 through November 30, 2018. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable October 7, 2019.
[[Page 53409]]
FOR FURTHER INFORMATION CONTACT: Preston Cox, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-5041.
SUPPLEMENTARY INFORMATION:
Background
In response to Commerce's notice of opportunity to request an
administrative review on hot-rolled steel from the Russian
Federation,\1\ Nucor Corporation, AK Steel Corporation, ArcelorMittal
USA LLC, United States Steel Corporation, California Steel Industries,
Steel Dynamics, Inc., and SSAB Enterprises LLC (domestic interested
parties) timely requested an administrative review with respect to
Novolipetsk Steel (NLMK), Severstal PAO, and Severstal Export GmbH.\2\
On January 28, 2019, Commerce exercised its discretion to toll all
deadlines for reviews of antidumping duty orders with December
anniversary dates which were affected by the partial government
shutdown by 31 days.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 83 FR 62293 (December 3, 2018).
\2\ See Domestic Interested Parties' Letter, ``Certain Hot-
Rolled Carbon Steel Flat Products from Russia: Request for
Administrative Review,'' dated December 31, 2018.
\3\ See Memorandum to the Record from Steven Presing, ``December
Order Deadlines Affected by the Partial Shutdown of the Federal
Government,'' dated August 7, 2019.
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On March 14, 2019, Commerce published in the Federal Register a
notice of initiation of an administrative review of the antidumping
duty order on hot-rolled steel from the Russian Federation covering
three companies: NLMK, Severstal PAO, and Severstal Export GmbH.\4\
Subsequently, on April 9, 2019, Commerce received a letter from NLMK
reporting that it had no exports, sales, or entries of subject
merchandise into the United States during the POR.\5\ On April 18,
2019, Commerce received a letter from Severstal PAO reporting it had no
exports, sales, or entries of subject merchandise into the United
States during the POR.\6\ Similarly, on April 25, 2019, Commerce
received a letter from Severstal Export GmbH reporting it had no
exports, sales, or entries of subject merchandise into the United
States during the POR.\7\ On June 28, 2019, we transmitted a ``No-
Shipment Inquiry'' to U.S. Customs and Border Protection (CBP)
regarding NLMK, Severstal PAO, and Severstal Export GmbH, to which CBP
responded that it found no shipments of hot-rolled steel from NLMK,
Severstal PAO, and Severstal Export GmbH during the POR.\8\
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 9297 (March 14, 2019).
\5\ See NLMK's Letter, ``Certification of No Shipments for
Novolipetsk Steel: Administrative Review of the Antidumping Duty
Order on Certain Hot-Rolled-Carbon-Quality Steel Products from the
Russian Federation 12/1/2017 to 11/30/2018,'' dated April 9, 2019.
\6\ See Severstal PAO's Letter, ``Administrative Review of the
Antidumping Order on Certain Hot-Rolled
Carbon-Quality Steel Products from the Russian Federation:
Certification of No Shipments for PAO Severstal,'' dated April 18,
2019.
\7\ See Severstal Export GmbH's Letter, ``Administrative Review
of the Antidumping Order on Certain Hot-Rolled Carbon-Quality Steel
Products from the Russian Federation: Certification of No Shipments
for JSC Severstal,'' dated April 25, 2019.
\8\ See Memorandum, ``Hot-rolled flat-rolled carbon-quality
steel products from the Russia Federation (Commerce A-821-809;
Customs A-462-809),'' dated July 1, 2019 (Customs Liaison Unit
Memorandum).
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Scope of the Order
For the purposes of this order, ``hot-rolled steel'' means certain
hot-rolled flat-rolled carbon-quality steel products of a rectangular
shape, of a width of 0.5 inch or greater, neither clad, plated, nor
coated with metal and whether or not painted, varnished, or coated with
plastics or other non-metallic substances, in coils (whether or not in
successively superimposed layers) regardless of thickness, and in
straight lengths, of a thickness less than 4.75 mm and of a width
measuring at least 10 times the thickness.
Universal mill plate (i.e., flat-rolled products rolled on four
faces or in a closed box pass, of a width exceeding 150 mm but not
exceeding 1250 mm and of a thickness of not less than 4 mm, not in
coils and without patterns in relief) of a thickness not less than 4.0
mm is not included within the scope of this order.
Specifically included in this scope are vacuum degassed, fully
stabilized (commonly referred to as interstitial-free (IF)) steels,
high strength low alloy (HSLA) steels, and the substrate for motor
lamination steels. IF steels are recognized as low carbon steels with
micro-alloying levels of elements such as titanium and/or niobium added
to stabilize carbon and nitrogen elements. HSLA steels are recognized
as steels with micro-alloying levels of elements such as chromium,
copper, niobium, titanium, vanadium, and molybdenum. The substrate for
motor lamination steels contains micro-alloying levels of elements such
as silicon and aluminum.
Steel products to be included in the scope of this order,
regardless of Harmonized Tariff Schedule of the United States (HTSUS)
definitions, are products in which: (1) Uiron predominates, by weight,
over each of the other contained elements; (2) the carbon content is 2
percent or less, by weight; and (3) none of the elements listed below
exceeds the quantity, by weight, respectively indicated: 1.80 percent
of manganese, or 1.50 percent of silicon, or 1.00 percent of copper, or
0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 percent
of cobalt, or 0.40 percent of lead, or 1.25 percent of nickel, or 0.30
percent of tungsten, or 0.012 percent of boron, or 0.10 percent of
molybdenum, or 0.10 percent of niobium, or 0.41 percent of titanium, or
0.15 percent of vanadium, or 0.15 percent of zirconium.
All products that meet the physical and chemical description
provided above are within the scope of this agreement unless otherwise
excluded. The following products, by way of example, are outside and/or
specifically excluded from the scope of this agreement:
-- Alloy hot-rolled steel products in which at least one of the
chemical elements exceeds those listed above (including e.g., ASTM
specifications A543, A387, A514, A517, and A506).
-- SAE/AISI grades of series 2300 and higher.
-- Ball bearing steels, as defined in the HTSUS.
-- Tool steels, as defined in the HTSUS.
-- Silica-manganese (as defined in the HTSUS) or silicon electrical
steel with a silicon level exceeding 1.50 percent.
-- ASTM specifications A710 and A736.
-- USS Abrasion-resistant steels (USS AR 400, USS AR 500).
-- Hot-rolled steel coil which meets the following chemical, physical
and mechanical specifications:
[[Page 53410]]
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C Mn P S Si Cr Cu Ni
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.10-0.14%....................... 0.90% Max 0.025% Max 0.005% Max 0.30 - 0.50% 0.50 - 0.70% 0.20 - 0.40% 0.20% Max
--------------------------------------------------------------------------------------------------------------------------------------------------------
Width = 44.80 inches maximum; Thickness = 0.063 - 0.198 inches; Yield Strength = 50,000 ksi minimum; Tensile Strength = 70,000 - 88,000 psi.
--Hot-rolled steel coil which meets the following chemical, physical
and mechanical specifications:
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C Mn P S Si Cr Cu Ni
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.10 - 0.16%..................... 0.70% - 0.90% 0.025% Max 0.006% Max 0.30 - 0.50% 0.50 - 0.70% 0.25% Max 0.20% Max
Mo............................... ............... ............... ............... ............... ............... ............... ...............
0.21% Max........................ ............... ............... ............... ............... ............... ............... ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim.
--Hot-rolled steel coil which meets the following chemical, physical
and mechanical specifications:
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C Mn P S Si Cr Cu Ni
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.10 - 0.14%..................... 1.30 - 1.80% 0.025% Max 0.005% Max 0.30 - 0.50% 0.50 - 0.70% 0.20 - 0.70% 0.20% Max
V(wt.)........................... Cb ............... ............... ............... ............... ............... ...............
0.10% Max........................ 0.08% Max ............... ............... ............... ............... ............... ...............
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Width = 44.80 inches maximum; Thickness = 0.350 inches maximum; Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi Aim.
--Hot-rolled steel coil which meets the following chemical, physical
and mechanical specifications:
--------------------------------------------------------------------------------------------------------------------------------------------------------
C Mn P S Si Cr Cu Ni
--------------------------------------------------------------------------------------------------------------------------------------------------------
0.15% Max........................ 1.40% Max 0.025% Max 0.010% Max 0.50% Max 1.00% Max 0.50% Max .20% Max
Nb............................... Ca Al ............... ............... ............... ............... ...............
0.005% Max....................... Treated 0.01 - 0.07% ............... ............... ............... ............... ...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield Strength = 70,000 psi minimum for thicknesses <= 0.148 inches and 65,000 psi minimum for
thicknesses > 0.148 inches; Tensile Strength = 80,000 psi minimum.
Hot-rolled dual phase steel, phase-hardened, primarily with a ferritic-
martensitic microstructure, contains 0.9 percent up to and including
1.5 percent silicon by weight, further characterized by either (i)
tensile strength between 540 N/mm\2\ and 640 N/mm\2\ and an elongation
percentage >= 26 percent for thicknesses of 2 mm and above, or (ii) a
tensile strength between 590 N/mm\2\ and 690 N/mm\2\ and an elongation
percentage >= 25 percent for thicknesses of 2mm and above.
Hot-rolled bearing quality steel, SAE grade 1050, in coils, with an
inclusion rating of 1.0 maximum per ASTM E 45, Method A, with excellent
surface quality and chemistry restrictions as follows: 0.012 percent
maximum phosphorus, 0.015 percent maximum sulfur, and 0.20 percent
maximum residuals including 0.15 percent maximum chromium.
Grade ASTM A570-50 hot-rolled steel sheet in coils or cut lengths,
width of 74 inches (nominal, within ASTM tolerances), thickness of 11
gauge (0.119 inches nominal), mill edge and skin passed, with a minimum
copper content of 0.20 percent.
The covered merchandise is classified in the HTSUS at subheadings:
7208.10.15.00, 7208.10.30.00, 7208.10.60.00, 7208.25.30.00,
7208.25.60.00, 7208.26.00.30, 7208.26.00.60, 7208.27.00.30,
7208.27.00.60, 7208.36.00.30, 7208.36.00.60, 7208.37.00.30,
7208.37.00.60, 7208.38.00.15, 7208.38.00.30, 7208.38.00.90,
7208.39.00.15, 7208.39.00.30, 7208.39.00.90, 7208.40.60.30,
7208.40.60.60, 7208.53.00.00, 7208.54.00.00, 7208.90.00.00,
7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 7211.14.00.90,
7211.19.15.00, 7211.19.20.00, 7211.19.30.00, 7211.19.45.00,
7211.19.60.00, 7211.19.75.30, 7211.19.75.60, 7211.19.75.90,
7212.40.10.00, 7212.40.50.00, 7212.50.00.00. Certain hot-rolled flat-
rolled carbon-quality steel covered include: Vacuum degassed, fully
stabilized; high strength low alloy; and the substrate for motor
lamination steel may also enter under the following tariff numbers:
7225.11.00.00, 7225.19.00.00, 7225.30.30.50, 7225.30.70.00,
7225.40.70.00, 7225.99.00.90, 7226.11.10.00, 7226.11.90.30,
7226.11.90.60, 7226.19.10.00, 7226.19.90.00, 7226.91.50.00,
7226.91.70.00, 7226.91.80.00, and 7226.99.01.80. Although the HTSUS
subheadings are provided for convenience and Customs purposes, the
[[Page 53411]]
written description of the covered merchandise is dispositive.
Preliminary Determination of No Shipments
Based on record evidence, we preliminarily determine that NLMK,
Severstal PAO, and Severstal Export GmbH had no shipments of subject
merchandise during the POR. Specifically, CBP indicated that it found
no shipments by NLMK, Severstal PAO, and Severstal Export GmbH during
the POR.\9\ Consistent with Commerce's practice, we find that it is not
appropriate to rescind the review with respect to NLMK, Severstal PAO,
and Severstal Export GmbH but, rather, to complete the review and issue
appropriate instructions to CBP based on the final results of this
review.\10\
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\9\ See Customs Liaison Unit Memorandum.
\10\ 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); Magnesium Metal From the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal From the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of this notice.\11\ 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.\12\ Parties who
submit case 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.\13\
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\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce using Enforcement and
Compliance's ACCESS system within 30 days after the date of publication
of this notice.\14\ 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 those raised in the respective case and rebuttal briefs. If
a request for a hearing is made, Commerce intends to hold the hearing
at the U.S. Department of Commerce, 1401 Constitution Avenue NW,
Washington, DC 20230, at a time and date to be determined. Parties
should confirm by telephone 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).
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All submissions must be filed electronically using ACCESS and
served on interested parties.\15\ An electronically-filed document must
be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Standard Time on the date that the document is due.
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\15\ See 19 CFR 351.303(f).
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Unless the deadline is extended, Commerce intends to issue the
final results of this administrative review, including the results of
its analysis of the issues raised in any written briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act).
Assessment Rates
In accordance with Commerce's practice, we find it appropriate to
complete the review and issue liquidation instructions to CBP
concerning entries for NLMK, Severstal PAO, and Severstal Export GmbH
following issuance of the final results of review. If we continue to
find that NLMK, Severstal PAO, and Severstal Export GmbH had no
shipments of subject merchandise in the final results, we will instruct
CBP to liquidate any existing entries of merchandise produced by NLMK,
Severstal PAO, and Severstal Export GmbH, but exported by other
parties, at the rate for the intermediate reseller, if available, or at
the all-others rate.\16\
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\16\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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We intend to issue instructions to CBP 15 days after the
publication date of the final results of this review.
Cash Deposit Requirements
If the final results of review continue to find that NLMK,
Severstal PAO, and Severstal Export GmbH had no shipments during the
POR, there will be no change to the existing cash deposit requirements.
Notification to Importers
This notice also 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) of the Act.
Dated: September 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-21823 Filed 10-4-19; 8:45 am]
BILLING CODE 3510-DS-P
