Certain Hot-Rolled Carbon Steel Flat Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 71896-71897 [2019-28033]

Download as PDF 71896 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Notices China covering the period November 1, 2017 to October 31, 2018.3 DEPARTMENT OF COMMERCE International Trade Administration Scope of the Order [A–570–865] Certain Hot-Rolled Carbon Steel Flat Products From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that all companies subject to this administrative review of the antidumping duty (AD) order on certain hot-rolled carbon steel flat products (hot-rolled steel) from the People’s Republic of China (China) are part of the China-wide entity because none filed a separate rate application (SRA) or separate rate certification (SRC). The period of review (POR) is November 1, 2017 through October 31, 2018. We invite interested parties to comment on these preliminary results. DATES: Applicable December 30, 2019. FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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) 482–2312. SUPPLEMENTARY INFORMATION: AGENCY: Background khammond on DSKJM1Z7X2PROD with NOTICES On November 29, 2001, Commerce published in the Federal Register an antidumping duty order on hot-rolled steel from China.1 On November 30, 2018, Nucor Corporation (Nucor) submitted a request for an administrative review of multiple companies.2 On February 6, 2019, Commerce published a notice of initiation of an administrative review of the AD order on hot-rolled steel from 1 See Notice of the Antidumping Duty Order: Certain Hot-Rolled Carbon Steel Flat Products from the People’s Republic of China, 66 FR 59561 (November 29, 2001) (Order). 2 See Nucor’s Letter, ‘‘Certain Hot-Rolled Carbon Steel Flat Products from the People’s Republic of China: Request for Administrative Review,’’ dated November 30, 2018. Because no party is challenging the prior collapsing determination, we continue to collapse Baosteel Group Corporation, Shanghai Baosteel International Economic & Trading Co., Ltd., and Baoshan Iron and Steel Co., Ltd. (collectively, Baosteel). See Certain Hot-Rolled Carbon Steel Flat Products from the People’s Republic of China: Final No Shipments Determination of Antidumping Duty Administrative Review; 2012–2013; 79 FR 67415 (November 13, 2014). VerDate Sep<11>2014 20:00 Dec 27, 2019 Jkt 250001 The products covered by the order are hot-rolled steel from China. For a complete description of the scope of the Order, see the Preliminary Decision Memorandum.4 Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.213. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed at https:// enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. Preliminary Results of Review None of the companies subject to this review filed a SRA or SRC, or made a claim of no shipments. Thus, Commerce preliminarily determines that these companies have not demonstrated their eligibility for separate rate status. As such, Commerce preliminarily determines that the companies subject to review are part of the China-wide entity. Commerce’s policy regarding conditional review of the China-wide entity applies to this administrative review.5 Accordingly, the non-market economy (NME) entity will not be under review unless Commerce specifically receives a request for, or self-initiates, a 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 2159 (February 6, 2019). 4 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the 2017–2018 Antidumping Duty Administrative Review: Certain Hot-Rolled Carbon Steel Flat Products from the People’s Republic of China,’’ issued concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 5 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 review of the NME entity.6 Because no party requested a review of the Chinawide entity, and we have not selfinitiated a review of the China-wide entity, the entity is not under review, and the entity’s rate is not subject to change. Accordingly, the pre-existing China-wide rate of 90.83 percent will apply to the entity’s entries of subject merchandise into the United States during the POR. In addition, Nucor submitted comments and information in support of its assertion that the data from U.S. Customs and Border Protection (CBP) released by Commerce for respondent selection purposes may be incomplete due to the failure of importers to properly report entries of subject merchandise as ‘‘Type 03’’ entries in order to avoid paying antidumping duties.7 As explained in further detail in the Preliminary Decision Memorandum, Commerce intends to refer the matter of potential misclassification and fraud to CBP. Public Comment Interested parties are invited to comment on these preliminary results and may submit case briefs and/or written comments, filed electronically via ACCESS, within 30 days after the date of publication of these preliminary results of review.8 Rebuttal briefs, limited to issues raised in the case briefs, must be filed within five days after the time limit for filing case briefs.9 Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue, a brief summary of the argument, and a table of authorities.10 Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to Commerce within 30 days of the date of publication of this notice.11 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 6 In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request. 7 See Nucor’s Letter, ‘‘Certain Hot-Rolled Carbon Steel Flat Products from the People’s Republic of China: Comments on CBP Data and Respondent Selection,’’ dated April 25, 2019. 8 See 19 CFR 351.309(c)(1)(ii). 9 See 19 CFR 351.309(d)(1) and (2). 10 See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for general filing requirements). 11 See 19 CFR 351.310(c). E:\FR\FM\30DEN1.SGM 30DEN1 Federal Register / Vol. 84, No. 249 / Monday, December 30, 2019 / Notices is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230.12 Unless otherwise extended, Commerce intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act. khammond on DSKJM1Z7X2PROD with NOTICES Assessment Rates Upon issuance of the final results of this review, Commerce will determine, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise covered by this review.13 We intend to instruct CBP to liquidate entries containing subject merchandise exported by the companies under review that we determine in the final results to be part of the China-wide entity at the China-wide entity rate of 90.83 percent. Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of this notice in the Federal Register.14 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For companies that have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed Chinese and non-Chinese exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the Chinawide entity (i.e., 90.83 percent); and (4) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter that supplied that non-Chinese 12 See 19 CFR 310(d). 19 CFR 351.212(b)(1). 14 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 13 See VerDate Sep<11>2014 20:00 Dec 27, 2019 Jkt 250001 exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a reminder to importers of their responsibility under 19 CFR 315.402(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 preliminary results in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213. Dated: December 19, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Recommendation [FR Doc. 2019–28033 Filed 12–27–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–979] Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Notice of Court Decision Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On September 6, 2019, the Court of International Trade (CIT) entered its final judgment in Sumecht NA, Inc. v. United States, Court No. 17– 00244, finding that the United States Department of Commerce (Commerce) erred in setting the effective date of its Notice of Court Decision Not in Harmony with a Final Determination and Notice of Amendment Final Determination of Investigation Pursuant to Court Decision (Timken Notice) pertaining to the antidumping duty (AD) investigation of certain crystalline silicon photovoltaic cells, whether or not assembled into modules (certain AGENCY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 71897 solar cells), from the People’s Republic of China (China). Pursuant to the CIT’s final judgment, the effective date of Commerce’s Timken Notice relative to certain entries of subject merchandise exported by Sumec Hardware Tools Co., Ltd.’s (Sumec Hardware) is November 23, 2015, which is the date of publication of the Timken Notice in the Federal Register. Accordingly, Commerce intends to instruct U.S. Customs and Border Protection (CBP) to liquidate entries of subject merchandise exported by Sumec Hardware and produced by Phono Solar Technology Co., Ltd., and imported by Sumecht NA, doing business as Sumec North America (Sumecht), which were entered, or withdrawn from warehouse, for consumption on or after October 15, 2015, which is ten days after the CIT’s decision, through November 22, 2015, which is the day before the date of publication of Commerce’s Timken Notice in the Federal Register, at the separate rate of 13.18 percent. DATES: Applicable December 30, 2019. FOR FURTHER INFORMATION CONTACT: Krisha Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–4037. SUPPLEMENTARY INFORMATION: Background Commerce initiated an AD investigation of certain solar cells from China on November 16, 2011.1 In the investigation, Commerce assigned a separate AD rate of 24.48 percent to Sumec Hardware,2 and determined a China-wide rate of 249.96 percent for exporters that did not demonstrate eligibility for separate-rate status. Commerce amended the Final Determination on December 7, 2012, which it published along with the AD order. The U.S. domestic producers challenged the Final Determination before the CIT, including Sumec Hardware’s separate-rate status. The CIT 1 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Initiation of Antidumping Duty Investigation, 76 FR 70960 (November 16, 2011). 2 See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People’s Republic of China: Final Determination of Sales at Less Than Fair Value, and Affirmative Final Determination of Critical Circumstances, in Part, 77 FR 63791 (October 17, 2012); see also Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People’s Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 7,018 (December 7, 2012). E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 71896-71897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28033]



[[Page 71896]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-865]


Certain Hot-Rolled Carbon Steel Flat Products From the People's 
Republic of China: Preliminary Results of Antidumping Duty 
Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that all companies subject to this administrative review of the 
antidumping duty (AD) order on certain hot-rolled carbon steel flat 
products (hot-rolled steel) from the People's Republic of China (China) 
are part of the China-wide entity because none filed a separate rate 
application (SRA) or separate rate certification (SRC). The period of 
review (POR) is November 1, 2017 through October 31, 2018. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 30, 2019.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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) 482-2312.

SUPPLEMENTARY INFORMATION: 

Background

    On November 29, 2001, Commerce published in the Federal Register an 
antidumping duty order on hot-rolled steel from China.\1\ On November 
30, 2018, Nucor Corporation (Nucor) submitted a request for an 
administrative review of multiple companies.\2\ On February 6, 2019, 
Commerce published a notice of initiation of an administrative review 
of the AD order on hot-rolled steel from China covering the period 
November 1, 2017 to October 31, 2018.\3\
---------------------------------------------------------------------------

    \1\ See Notice of the Antidumping Duty Order: Certain Hot-Rolled 
Carbon Steel Flat Products from the People's Republic of China, 66 
FR 59561 (November 29, 2001) (Order).
    \2\ See Nucor's Letter, ``Certain Hot-Rolled Carbon Steel Flat 
Products from the People's Republic of China: Request for 
Administrative Review,'' dated November 30, 2018. Because no party 
is challenging the prior collapsing determination, we continue to 
collapse Baosteel Group Corporation, Shanghai Baosteel International 
Economic & Trading Co., Ltd., and Baoshan Iron and Steel Co., Ltd. 
(collectively, Baosteel). See Certain Hot-Rolled Carbon Steel Flat 
Products from the People's Republic of China: Final No Shipments 
Determination of Antidumping Duty Administrative Review; 2012-2013; 
79 FR 67415 (November 13, 2014).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 2159 (February 6, 2019).
---------------------------------------------------------------------------

Scope of the Order

    The products covered by the order are hot-rolled steel from China. 
For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------

    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2017-2018 Antidumping Duty Administrative Review: 
Certain Hot-Rolled Carbon Steel Flat Products from the People's 
Republic of China,'' issued concurrently with, and hereby adopted 
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.213. For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and to all parties in the 
Central Records Unit, Room B8024 of the main Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed at https://enforcement.trade.gov/frn/. The signed and 
electronic versions of the Preliminary Decision Memorandum are 
identical in content.

Preliminary Results of Review

    None of the companies subject to this review filed a SRA or SRC, or 
made a claim of no shipments. Thus, Commerce preliminarily determines 
that these companies have not demonstrated their eligibility for 
separate rate status. As such, Commerce preliminarily determines that 
the companies subject to review are part of the China-wide entity.
    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\5\ Accordingly, the non-
market economy (NME) entity will not be under review unless Commerce 
specifically receives a request for, or self-initiates, a review of the 
NME entity.\6\ Because no party requested a review of the China-wide 
entity, and we have not self-initiated a review of the China-wide 
entity, the entity is not under review, and the entity's rate is not 
subject to change. Accordingly, the pre-existing China-wide rate of 
90.83 percent will apply to the entity's entries of subject merchandise 
into the United States during the POR.
---------------------------------------------------------------------------

    \5\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \6\ In accordance with 19 CFR 351.213(b)(1), parties should 
specify that they are requesting a review of entries from exporters 
comprising the entity, and to the extent possible, include the names 
of such exporters in their request.
---------------------------------------------------------------------------

    In addition, Nucor submitted comments and information in support of 
its assertion that the data from U.S. Customs and Border Protection 
(CBP) released by Commerce for respondent selection purposes may be 
incomplete due to the failure of importers to properly report entries 
of subject merchandise as ``Type 03'' entries in order to avoid paying 
antidumping duties.\7\ As explained in further detail in the 
Preliminary Decision Memorandum, Commerce intends to refer the matter 
of potential misclassification and fraud to CBP.
---------------------------------------------------------------------------

    \7\ See Nucor's Letter, ``Certain Hot-Rolled Carbon Steel Flat 
Products from the People's Republic of China: Comments on CBP Data 
and Respondent Selection,'' dated April 25, 2019.
---------------------------------------------------------------------------

Public Comment

    Interested parties are invited to comment on these preliminary 
results and may submit case briefs and/or written comments, filed 
electronically via ACCESS, within 30 days after the date of publication 
of these preliminary results of review.\8\ Rebuttal briefs, limited to 
issues raised in the case briefs, must be filed within five days after 
the time limit for filing case briefs.\9\ Parties who submit case or 
rebuttal briefs in this proceeding are requested to submit with each 
argument a statement of the issue, a brief summary of the argument, and 
a table of authorities.\10\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.309(c)(1)(ii).
    \9\ See 19 CFR 351.309(d)(1) and (2).
    \10\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
---------------------------------------------------------------------------

    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to Commerce within 
30 days of the date of publication of this notice.\11\ 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

[[Page 71897]]

is made, parties will be notified of the time and date for the hearing 
to be held at the U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230.\12\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 310(d).
---------------------------------------------------------------------------

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of our analysis of all issues raised in the case briefs, within 120 
days of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by this review.\13\ We intend to 
instruct CBP to liquidate entries containing subject merchandise 
exported by the companies under review that we determine in the final 
results to be part of the China-wide entity at the China-wide entity 
rate of 90.83 percent. Commerce intends to issue assessment 
instructions to CBP 15 days after the date of publication of this 
notice in the Federal Register.\14\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.212(b)(1).
    \14\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For companies that have a 
separate rate, the cash deposit rate will be that established in the 
final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed Chinese and non-Chinese exporters that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate; (3) for all Chinese exporters of subject merchandise that have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be that for the China-wide entity (i.e., 90.83 percent); and (4) 
for all non-Chinese exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the Chinese exporter that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 315.402(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 preliminary results in 
accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213.

    Dated: December 19, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2019-28033 Filed 12-27-19; 8:45 am]
BILLING CODE 3510-DS-P

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