Certain Hot-Rolled Carbon Steel Flat Products From Thailand: Preliminary Determination of No Shipments; 2017-2018, 68398-68400 [2019-27030]
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68398
Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
9404.21.0013, 9404.29.1005, 9404.29.1013,
9404.29.9085, and 9404.29.9087. Products
subject to this order may also enter under
HTSUS subheadings: 9404.21.0095,
9404.29.1095, 9404.29.9095, 9401.40.0000,
and 9401.90.5081. Although the HTSUS
subheadings are provided for convenience
and customs purposes, the written
description of the merchandise subject to this
investigation is dispositive.
[FR Doc. 2019–27166 Filed 12–13–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–817]
Certain Hot-Rolled Carbon Steel Flat
Products From Thailand: Preliminary
Determination of No Shipments; 2017–
2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that there were no shipments of subject
merchandise during the period of
review (POR) November 1, 2017 through
October 31, 2018. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable December 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Chelsey Simonovich, 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) 482–1979.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
lotter on DSKBCFDHB2PROD with NOTICES
On November 1, 2018, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the order on
certain hot-rolled carbon steel flat
products (hot-rolled steel) from
Thailand for the POR.1 On November
30, 2018, Commerce received a request
for administrative review covering
imports of hot-rolled steel from
Thailand, which was filed in proper
form by Steel Dynamics and SSAB
Enterprises (collectively, the
petitioners).2 Commerce published the
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 83 FR 54912
(November 1, 2018).
2 See Petitioners’ Letter, ‘‘Certain Hot-Rolled
Carbon Steel Flat Products from Thailand: Request
for Administrative Review,’’ dated November 30,
2018.
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notice of initiation of this administrative
review on February 6, 2019, covering
the two companies for which we
received a request for review.3
On February 27, 2019, Commerce
received a notification of no shipments
from Sahaviriya Steel Industries Public
Co., Ltd. (Sahaviriya) and G Steel Public
Company Ltd. (G Steel).4 On March 5,
2019, Commerce published a
memorandum informing interested
parties that we had made an inquiry to
U.S. Customs and Border Protection
(CBP) with regard to entries of subject
merchandise for the purposes of
potential respondent selection. The
results indicated that there were no
shipments of subject merchandise from
Thailand as country of origin or country
of export by G Steel or Sahaviriya into
the United States during the POR.5 On
March 20, 2019, Commerce made
inquiries to CBP informing CBP that
Commerce’s records indicated no
shipments from G Steel and Sahaviriya
and requested that any CBP import
officers aware of entries inform
Commerce within ten days.6 We
received no notifications from CBP.
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 28,
2019.7 On September 10, 2019,
Commerce further extended the time
limit for completion of the preliminary
results of the review to no later than
December 10, 2019.8 This preliminary
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
2160 (February 6, 2019).
4 See Sahaviriya and G Steel’s Letter, ‘‘Certain
Hot-Rolled Carbon Steel Flat Products from
Thailand: Notice of No Shipments for Sahaviriya
Steel Industries and G Steel Public Company (11//
01/17–10/31/18),’’ dated February 27, 2019.
5 See Memorandum, ‘‘Certain Hot-Rolled Carbon
Steel Flat Products from Thailand: Placement on
the Record of Results of Inquiry to U.S. Customs
and Border Protection for 2017–2018 Period of
Review,’’ dated March 5, 2019 (CBP Memo).
6 See CBP Message 9079310, ‘‘No shipments
inquiry for certain hot-rolled carbon steel flat
products from Thailand produced and/or exported
by G Steel Public Company Ltd. (A–549–817),’’ and
CBP Message 9079311, ‘‘No shipments inquiry for
certain hot-rolled carbon steel flat products from
Thailand produced and/or exported by Sahaviriya
Steel Industries Public Co., Ltd. (A–549–817),’’ both
dated March 20, 2019 (CBP Message 9079311 and
CBP Message 9079311, respectively).
7 See Memorandum, ‘‘Deadlines Affected by the
Partial Shutdown of the Federal Government,’’
dated January 28, 2019. All deadlines in this
segment of the proceeding have been extended by
40 days. If the new deadline falls on a non-business
day, in accordance with Commerce’s practice, the
deadline will become the next business day.
8 See Memorandum, ‘‘Certain Hot-Rolled Carbon
Steel Flat Products from Thailand: Extension of
Time Limit for Preliminary Results of Antidumping
Duty Administrative Review,’’ dated September 10,
2019.
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determination is made in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The product covered by the order is
hot-rolled steel from Thailand. For a
complete description of the scope of the
order, see the appendix to this notice.
Preliminary Determination of No
Shipments
Based on record evidence, we
preliminarily determine that G Steel and
Sahaviriya had no shipments of subject
merchandise during the POR. With
respect to G Steel and Sahaviriya, CBP
stated that it did not find any shipments
of subject merchandise from these two
companies during the POR.9
Consistent with our practice, we find
that it is not appropriate to rescind the
review with respect to G Steel and
Sahaviriya, 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 to Commerce 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 Pursuant to
19 CFR 351.309(c)(2) and (d)(2), 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.
All submissions to Commerce must be
filed electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS)
and must also be served on interested
parties.13 ACCESS is available to
registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
Room B8024 of the main Commerce
building. An electronically filed
document must be received successfully
9 See CBP Memo; see also CBP Message 9079310;
and CBP Message 9079311.
10 See, e.g., 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 351.303(f).
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
in its entirety by 5:00 p.m. Eastern Time
on the date that the document is due.
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
Commerce’s electronic records system,
ACCESS. An electronically filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days of 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
parties intend to discuss. 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 date
and time to be determined.15 Parties
should confirm the date, time, and
location of the hearing two days before
the scheduled date.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any case or rebuttal
briefs, no later than 120 days after the
date of publication of this notice, unless
extended.16
Assessment Rates
If we continue to find in the final
results that G Steel and Sahaviriya had
no shipments of subject merchandise,
for entries of subject merchandise
during the POR produced by G Steel
and Sahaviriya for which these
companies did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate these entries at the all-others
rate if there is no rate for the
intermediate company(ies) involved in
the transaction.17
We intend to issue instructions to
CBP 15 days after the date of
publication of the final results of this
review.
lotter on DSKBCFDHB2PROD with NOTICES
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
14 See
19 CFR 351.310(c).
19 CFR 351.310(d).
16 See section 751(a)(3)(A) of the Act; and 19 CFR
351.213(h).
17 For a full discussion of this clarification, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
15 See
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date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rates for G Steel and
Sahaviriya will remain unchanged from
the rate assigned to them in the most
recently completed review of those
companies; (2) for merchandise
exported by manufacturers or exporters
not covered in this review but covered
in a prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recently-completed segment; (3) if
the exporter is not a firm covered in this
review, a prior review, or the original
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recently
completed segment for the manufacturer
of the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 4.44
percent, the all-others rate established
in the less-than-fair-value
investigation.18 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a preliminary
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2), to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement may result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: December 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
SCOPE OF THE ORDER
For purposes of the Order, the products
covered are certain hot-rolled carbon steel
flat 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
18 See Notice of Final Determination of Sales at
Less Than Fair Value; Certain Hot Rolled Carbon
Steel Flat Products from Thailand, 66 FR 49623
(September 28, 2001).
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68399
thickness, and in straight lengths of a
thickness of less than 4.75 mm and of a
width measuring at least 10 times the
thickness. Universal mill plate (i.e., flatrolled 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 4.0 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 the order.
Specifically included within the scope of
the order 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 microalloying levels of elements such as titanium
or niobium (also commonly referred to as
columbium), or both, added to stabilize
carbon and nitrogen elements. HSLA steels
are recognized as steels with micro-alloying
levels of elements such as chromium, copper,
niobium, 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 the order, regardless of definitions in the
Harmonized Tariff Schedule of the United
States (HTS), are products in which: (i) Iron
predominates, by weight, over each of the
other contained elements; (ii) the carbon
content is 2 percent or less, by weight; and
(iii) none of the elements listed below
exceeds the quantity, by weight, respectively
indicated:
1.80 percent of manganese,
or 2.25 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 0.10 percent of molybdenum,
or 0.10 percent of niobium,
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 the order unless
otherwise excluded. The following products,
by way of example, are outside or specifically
excluded from the scope of the order:
—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,
A506).
—Society of Automotive Engineers (SAE)/
American Iron and Steel Institute (AISI)
grades of series 2300 and higher.
—Ball bearings steels, as defined in the HTS.
—Tool steels, as defined in the HTS.
—Silico-manganese (as defined in the HTS)
or silicon electrical steel with a silicon
level exceeding 2.25 percent.
—ASTM specifications A710 and A736.
—USS Abrasion-resistant steels (USS AR
400, USS AR 500).
—All products (proprietary or otherwise)
based on an alloy ASTM specification
E:\FR\FM\16DEN1.SGM
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Federal Register / Vol. 84, No. 241 / Monday, December 16, 2019 / Notices
(sample specifications: ASTM A506,
A507).
—Non-rectangular shapes, not in coils, which
are the result of having been processed by
cutting or stamping and which have
assumed the character of articles or
products classified outside chapter 72 of
the HTS.
The merchandise subject to the order is
classified in the HTS 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,
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, and
7211.19.75.90. Certain hot-rolled flat-rolled
carbon steel flat products covered by the
order, including: 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. Subject merchandise may also
enter under 7210.70.30.00, 7210.90.90.00,
7211.14.00.30, 7212.40.10.00, 7212.40.50.00,
and 7212.50.00.00. Although the HTS
subheadings are provided for convenience
and U.S. Customs purposes, the written
description of the merchandise under the
order is dispositive.
[FR Doc. 2019–27030 Filed 12–13–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–094]
Refillable Stainless Steel Kegs From
the People’s Republic of China:
Countervailing Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing a countervailing
duty order on refillable stainless steel
kegs from the People’s Republic of
China (China).
DATES: Applicable December 16, 2019.
FOR FURTHER INFORMATION CONTACT:
Theodore Pearson or Nicholas
Czajkowski, AD/CVD Operations, Office
I, Enforcement and Compliance,
International Trade Administration,
lotter on DSKBCFDHB2PROD with NOTICES
AGENCY:
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19:21 Dec 13, 2019
Jkt 250001
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2631 or
(202) 482–1395, respectively.
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 705(a),
735(d), and 777(i)(1) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(c), on October 24, 2019,
Commerce published its affirmative
final determination in the
countervailing duty investigation of
refillable stainless steel kegs from
China,1 including its affirmative
determination of critical circumstances.
On December 9, 2019, the ITC notified
Commerce of its final determination
pursuant to section 705(b)(1)(B) of the
Act that an industry in the United States
is materially retarded by reason of
subsidized imports of refillable stainless
steel kegs from China, and its
determination that critical
circumstances do not exist with respect
to imports of subject merchandise from
China.2
Scope of the Order
The merchandise covered by this
order are refillable stainless steel kegs
from China. For a complete description
of the scope of the order, see the
appendix to this notice.
Countervailing Duty Order
As stated above, on December 9, 2019,
in accordance with sections 705(b)(1)(B)
and 735(d) of the Act, the ITC notified
Commerce of its final determination in
this investigation, in which it found that
the establishment of an industry in the
United States is materially retarded by
reason of subsidized imports of
refillable stainless steel kegs from
China, and that critical circumstances
do not exist with respect to imports of
subject merchandise from China that are
subject to Commerce’s affirmative
critical circumstances findings.
Therefore, in accordance with section
705(c)(2) of the Act, Commerce is
issuing this countervailing duty order.
Because the ITC’s final determination
is that the establishment of an industry
in the United States is materially
retarded by subsidized imports of
refillable stainless steel kegs from
China, and is not accompanied by a
finding that injury would have resulted
1 See Refillable Stainless Steel Kegs from China:
Final Affirmative Countervailing Duty
Determination and Final Affirmative Determination
of Critical Circumstances, in Part, 84 FR 57005
(October 24, 2019).
2 See Notification Letter from the ITC dated
December 9, 2019 (ITC Letter).
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Fmt 4703
Sfmt 4703
but for the imposition of suspension of
liquidation of entries since Commerce’s
Preliminary Determination,3 section
706(b)(2) of the Act is applicable.
Accordingly, Commerce will instruct
U.S. Customs and Border Protection
(CBP) to terminate the suspension of
liquidation, and to liquidate without
regard to countervailing duties,
unliquidated entries of refillable
stainless steel kegs from China entered,
or withdrawn from warehouse, for
consumption prior to the publication of
the ITC’s final determination, and to
release any bond or other security
posted and to refund any cash deposit
of estimated countervailing duties made
prior to the publication of the ITC’s final
determination.
Suspension of Liquidation
In accordance with section 706 of the
Act, Commerce will instruct CBP to
reinstate the suspension of liquidation
of all appropriate entries of refillable
stainless steel kegs from China, as
described in the appendix to this notice,
effective on the date of publication in
the Federal Register of the ITC’s final
determination, and to collect cash
deposits of estimated countervailing
duties for each entry of subject
merchandise equal to the rates noted
below. The all-others rate applies to all
producers or exporters not specifically
listed.
Critical Circumstances
With regard to the ITC’s negative
critical circumstances determination on
imports of refillable stainless steel kegs
from China, we will instruct CBP to lift
suspension and to refund any cash
deposits made to secure the payment of
estimated countervailing duties with
respect to entries of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after January 5, 2019 (i.e., 90 days prior
to the date of the publication of the
Preliminary Determination), but before
April 5, 2019 (i.e., the date of
publication of the Preliminary
Determination).
Estimated Subsidy Rates
The estimated subsidy rates are as
follows:
3 See Refillable Stainless Steel Kegs from China:
Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
Determination With Final Antidumping Duty
Determination, 84 FR 13634 (April 5, 2019)
(Preliminary Determination).
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]]>Agencies
[Federal Register Volume 84, Number 241 (Monday, December 16, 2019)]
[Notices]
[Pages 68398-68400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27030]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-549-817]
Certain Hot-Rolled Carbon Steel Flat Products From Thailand:
Preliminary Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that there were no shipments of subject merchandise during the period
of review (POR) November 1, 2017 through October 31, 2018. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 16, 2019.
FOR FURTHER INFORMATION CONTACT: Chelsey Simonovich, 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) 482-1979.
SUPPLEMENTARY INFORMATION:
Background
On November 1, 2018, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the order
on certain hot-rolled carbon steel flat products (hot-rolled steel)
from Thailand for the POR.\1\ On November 30, 2018, Commerce received a
request for administrative review covering imports of hot-rolled steel
from Thailand, which was filed in proper form by Steel Dynamics and
SSAB Enterprises (collectively, the petitioners).\2\ Commerce published
the notice of initiation of this administrative review on February 6,
2019, covering the two companies for which we received a request for
review.\3\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 83 FR 54912 (November 1, 2018).
\2\ See Petitioners' Letter, ``Certain Hot-Rolled Carbon Steel
Flat Products from Thailand: Request for Administrative Review,''
dated November 30, 2018.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2160 (February 6, 2019).
---------------------------------------------------------------------------
On February 27, 2019, Commerce received a notification of no
shipments from Sahaviriya Steel Industries Public Co., Ltd.
(Sahaviriya) and G Steel Public Company Ltd. (G Steel).\4\ On March 5,
2019, Commerce published a memorandum informing interested parties that
we had made an inquiry to U.S. Customs and Border Protection (CBP) with
regard to entries of subject merchandise for the purposes of potential
respondent selection. The results indicated that there were no
shipments of subject merchandise from Thailand as country of origin or
country of export by G Steel or Sahaviriya into the United States
during the POR.\5\ On March 20, 2019, Commerce made inquiries to CBP
informing CBP that Commerce's records indicated no shipments from G
Steel and Sahaviriya and requested that any CBP import officers aware
of entries inform Commerce within ten days.\6\ We received no
notifications from CBP.
---------------------------------------------------------------------------
\4\ See Sahaviriya and G Steel's Letter, ``Certain Hot-Rolled
Carbon Steel Flat Products from Thailand: Notice of No Shipments for
Sahaviriya Steel Industries and G Steel Public Company (11//01/17-
10/31/18),'' dated February 27, 2019.
\5\ See Memorandum, ``Certain Hot-Rolled Carbon Steel Flat
Products from Thailand: Placement on the Record of Results of
Inquiry to U.S. Customs and Border Protection for 2017-2018 Period
of Review,'' dated March 5, 2019 (CBP Memo).
\6\ See CBP Message 9079310, ``No shipments inquiry for certain
hot-rolled carbon steel flat products from Thailand produced and/or
exported by G Steel Public Company Ltd. (A-549-817),'' and CBP
Message 9079311, ``No shipments inquiry for certain hot-rolled
carbon steel flat products from Thailand produced and/or exported by
Sahaviriya Steel Industries Public Co., Ltd. (A-549-817),'' both
dated March 20, 2019 (CBP Message 9079311 and CBP Message 9079311,
respectively).
---------------------------------------------------------------------------
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 28, 2019.\7\ On September 10,
2019, Commerce further extended the time limit for completion of the
preliminary results of the review to no later than December 10,
2019.\8\ This preliminary determination is made in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\7\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this segment of the proceeding have been extended by 40 days. If
the new deadline falls on a non-business day, in accordance with
Commerce's practice, the deadline will become the next business day.
\8\ See Memorandum, ``Certain Hot-Rolled Carbon Steel Flat
Products from Thailand: Extension of Time Limit for Preliminary
Results of Antidumping Duty Administrative Review,'' dated September
10, 2019.
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Scope of the Order
The product covered by the order is hot-rolled steel from Thailand.
For a complete description of the scope of the order, see the appendix
to this notice.
Preliminary Determination of No Shipments
Based on record evidence, we preliminarily determine that G Steel
and Sahaviriya had no shipments of subject merchandise during the POR.
With respect to G Steel and Sahaviriya, CBP stated that it did not find
any shipments of subject merchandise from these two companies during
the POR.\9\
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\9\ See CBP Memo; see also CBP Message 9079310; and CBP Message
9079311.
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Consistent with our practice, we find that it is not appropriate to
rescind the review with respect to G Steel and Sahaviriya, 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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\10\ See, e.g., 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 to Commerce 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\
Pursuant to 19 CFR 351.309(c)(2) and (d)(2), 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.
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\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d).
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All submissions to Commerce must be filed electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS) and must also be served
on interested parties.\13\ ACCESS is available to registered users at
https://access.trade.gov and is available to all parties in the Central
Records Unit, Room B8024 of the main Commerce building. An
electronically filed document must be received successfully
[[Page 68399]]
in its entirety by 5:00 p.m. Eastern Time on the date that the document
is due.
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\13\ See 19 CFR 351.303(f).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
Commerce's electronic records system, ACCESS. An electronically filed
request must be received successfully in its entirety by 5:00 p.m.
Eastern Time within 30 days of 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 parties intend to discuss. 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 date and time to be determined.\15\ Parties
should confirm the date, time, and location of the hearing two days
before the scheduled date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\16\
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\16\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates
If we continue to find in the final results that G Steel and
Sahaviriya had no shipments of subject merchandise, for entries of
subject merchandise during the POR produced by G Steel and Sahaviriya
for which these companies did not know that the merchandise was
destined for the United States, we will instruct CBP to liquidate these
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\17\
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\17\ For a full discussion of this clarification, 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 date of
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rates for G Steel and
Sahaviriya will remain unchanged from the rate assigned to them in the
most recently completed review of those companies; (2) for merchandise
exported by manufacturers or exporters not covered in this review but
covered in a prior segment of the proceeding, the cash deposit rate
will continue to be the company-specific rate published for the most
recently-completed segment; (3) if the exporter is not a firm covered
in this review, a prior review, or the original investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recently completed segment for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be 4.44 percent, the
all-others rate established in the less-than-fair-value
investigation.\18\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\18\ See Notice of Final Determination of Sales at Less Than
Fair Value; Certain Hot Rolled Carbon Steel Flat Products from
Thailand, 66 FR 49623 (September 28, 2001).
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Notification to Importers
This notice serves as a preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2), to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement may result in the presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4).
Dated: December 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
SCOPE OF THE ORDER
For purposes of the Order, the products covered are certain hot-
rolled carbon steel flat 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 of 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 4.0 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 the order.
Specifically included within the scope of the order 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 or niobium (also commonly referred to as columbium), or
both, added to stabilize carbon and nitrogen elements. HSLA steels
are recognized as steels with micro-alloying levels of elements such
as chromium, copper, niobium, 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 the order,
regardless of definitions in the Harmonized Tariff Schedule of the
United States (HTS), are products in which: (i) Iron predominates,
by weight, over each of the other contained elements; (ii) the
carbon content is 2 percent or less, by weight; and (iii) none of
the elements listed below exceeds the quantity, by weight,
respectively indicated:
1.80 percent of manganese,
or 2.25 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 0.10 percent of molybdenum,
or 0.10 percent of niobium,
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 the order unless otherwise
excluded. The following products, by way of example, are outside or
specifically excluded from the scope of the order:
--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, A506).
--Society of Automotive Engineers (SAE)/American Iron and Steel
Institute (AISI) grades of series 2300 and higher.
--Ball bearings steels, as defined in the HTS.
--Tool steels, as defined in the HTS.
--Silico-manganese (as defined in the HTS) or silicon electrical
steel with a silicon level exceeding 2.25 percent.
--ASTM specifications A710 and A736.
--USS Abrasion-resistant steels (USS AR 400, USS AR 500).
--All products (proprietary or otherwise) based on an alloy ASTM
specification
[[Page 68400]]
(sample specifications: ASTM A506, A507).
--Non-rectangular shapes, not in coils, which are the result of
having been processed by cutting or stamping and which have assumed
the character of articles or products classified outside chapter 72
of the HTS.
The merchandise subject to the order is classified in the HTS 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, 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, and 7211.19.75.90. Certain hot-rolled flat-rolled
carbon steel flat products covered by the order, including: 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. Subject merchandise may also enter under
7210.70.30.00, 7210.90.90.00, 7211.14.00.30, 7212.40.10.00,
7212.40.50.00, and 7212.50.00.00. Although the HTS subheadings are
provided for convenience and U.S. Customs purposes, the written
description of the merchandise under the order is dispositive.
[FR Doc. 2019-27030 Filed 12-13-19; 8:45 am]
BILLING CODE 3510-DS-P
