Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Final Results of Antidumping Duty Administrative Review; 2016-2018, 3028-3030 [2020-00760]
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Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Notices
These deposit requirements, when
imposed, shall remain in effect until
further notice.
DEPARTMENT OF COMMERCE
Notification to Importers
[A–423–812]
This notice serves as a 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.
Certain Carbon and Alloy Steel Cut-ToLength Plate From Belgium: Final
Results of Antidumping Duty
Administrative Review; 2016–2018
International Trade Administration
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: January 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
lotter on DSKBCFDHB2PROD with NOTICES
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: Product Characteristics and
Control Numbers for NVR
Comment 2: NVR’s Constructed Export
Price (CEP) Offset Claim
Comment 3: Whether To Apply Smoothing
for NVR’s Material Costs
Comment 4: Universe of Sales for NVR
Comment 5: Other NVR Adjustments
VI. Recommendation
[FR Doc. 2020–00761 Filed 1–16–20; 8:45 am]
BILLING CODE 3510–DS–P
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Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) finds that the producers/
exporters subject to this administrative
review made sales of subject
merchandise at less than normal value
during the period of review (POR),
November 14, 2016 through April 30,
2018.
DATES: Applicable January 17, 2020.
FOR FURTHER INFORMATION CONTACT:
Brittany Bauer or Alex Wood, AD/CVD
Operations, Office II, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3860 or (202) 482–1959,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This review covers eight producers/
exporters of the subject merchandise.
Commerce selected two companies,
Industeel Belgium S.A. (Industeel) and
NLMK Clabecq S.A./NLMK Plate Sales
S.A./NLMK Sales Europe S.A./NLMK
Manage Steel Center S.A./NLMK La
Louviere S.A. (collectively, NLMK
Belgium), for individual examination.
The producers and/or exporters not
selected for individual examination are
listed in the ‘‘Final Results of the
Review’’ section of this notice.
On July 17, 2019, Commerce
published the Preliminary Results.1 For
a description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.2 On
October 23, 2019, we postponed the
final results by 57 days, until January
10, 2020.3
1 See
Certain Carbon and Alloy Steel Cut-To
Length Plate from Belgium: Preliminary Results of
Antidumping Duty Administrative Review; 2016–
2018, 84 FR 34129 (July 17, 2019) (Preliminary
Results).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2016–
2018 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel CutTo-Length Plate from Belgium,’’ dated concurrently
with these results (Issues and Decision
Memorandum), which is hereby adopted by this
notice.
3 See Memorandum, ‘‘Carbon and Alloy Steel CutTo-Length Plate from Belgium: Extension of
PO 00000
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Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order
is certain carbon and alloy steel cut-tolength plate from Belgium. The product
is currently classified under the
following Harmonized Tariff Schedule
on the United States (HTSUS) item
numbers: 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000,
7211.13.0000, 7211.14.0030,
7211.14.0045, 7225.40.1110,
7225.40.1180, 7225.40.3005,
7225.40.3050, 7226.20.0000, and
7226.91.5000. Although the HTSUS
numbers are provided for convenience
and for customs purposes, the written
product description remains dispositive.
For a complete description of the scope
of the order, see the Issues and Decision
Memorandum which accompanies this
notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum. The
Issues and Decision Memorandum is a
public document and is on file
electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov, and to all
interested parties in the Central Records
Unit, room B8024, of the main
Commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed and
electronic versions of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
preliminary weighted-average dumping
margins for Industeel and NLMK
Belgium, and for those companies not
selected for individual review.4
Deadline for Final Results of 2016–2018
Antidumping Duty Administrative Review,’’ dated
October 23, 2019.
4 See accompanying Issues and Decision
Memorandum.
E:\FR\FM\17JAN1.SGM
17JAN1
Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Notices
Final Results of the Review
We are assigning the following
weighted-average dumping margins to
the firms listed below for the period
November 14, 2016 through April 30,
2018:
Weightedaverage
dumping
margins
(percent)
Producers/exporters
Industeel Belgium S.A ..............
NLMK Clabecq S.A./NLMK
Plate Sales S.A./NLMK Sales
Europe S.A./NLMK Manage
Steel Center S.A./NLMK La
Louviere S.A .........................
Hengelhoef Concrete Joints
NV * .......................................
Sarens NV * ..............................
Thyssenkrupp Materials Belgium N.V. * ............................
Universal Eisen und Stahl
GmbH * ..................................
Valvan Baling Systems * ...........
Voestalpine Belgium NV. * ........
4.75
16.14
13.53
13.53
13.53
13.53
13.53
13.53
* Review-Specific Average Rate 5
Disclosure of Calculations
We intend to disclose the calculations
performed for these final results to
parties in this proceeding within five
days of the date of publication of this
notice, in accordance with 19 CFR
351.224(b).
lotter on DSKBCFDHB2PROD with NOTICES
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
Pursuant to 19 CFR 351.212(b)(1),
where Industeel and NLMK Belgium
reported the entered value of their U.S.
sales, we calculated importer-specific
ad valorem duty assessment rates based
on the ratio of the total amount of
dumping calculated for the examined
sales to the total entered value of the
sales for which entered value was
reported. Where the respondents did not
report entered value, we calculated the
entered value in order to calculate the
assessment rate. Where either the
respondent’s weighted-average dumping
margin is zero or de minimis within the
meaning of 19 CFR 351.106(c)(1), or an
importer-specific rate is zero or de
minimis, we will instruct CBP to
5 This rate is based on the rates for the
respondents that were selected for individual
review, excluding rates that are zero, de minimis,
or based entirely on facts available. See section
735(c)(5)(A) of the Act.
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liquidate the appropriate entries
without regard to antidumping duties.
We further will instruct CBP to take into
account the ‘‘provisional measures
deposit cap,’’ in accordance with 19
CFR 351.212(d). The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review.6
Commerce’s ‘‘reseller policy’’ will
apply to entries of subject merchandise
during the POR produced by companies
included in these final results of review
for which the reviewed companies did
not know that the merchandise they
sold to the intermediary (e.g., a reseller,
trading company, or exporter) was
destined for the United States. In such
instances, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
average of the cash deposit rates
calculated for Industeel and NLMK
Belgium.7 The final results of this
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
final results of this review and for future
deposits of estimated duties, where
applicable.8
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for each specific
company listed above will be equal to
the weighted-average dumping margin
that is established in the final results of
this review, except if the rate is less
than 0.50 percent and, therefore, de
minimis within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
companies not participating in this
review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment of this
6 See
section 751(a)(2)(C) of the Act.
rate was calculated as discussed in footnote
7 This
5.
8 See
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section 751(a)(2)(C) of the Act.
Frm 00019
Fmt 4703
Sfmt 4703
3029
proceeding in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the producer is, the
cash deposit rate will be the cash
deposit rate established for the most
recently completed segment for the
producer of the subject merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 5.40 percent, the all-others rate
established in the LTFV investigation.9
These deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a 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.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
9 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096, 24098 (May 25, 2017).
E:\FR\FM\17JAN1.SGM
17JAN1
3030
Federal Register / Vol. 85, No. 12 / Friday, January 17, 2020 / Notices
Dated: January 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comments Pertaining to Industeel
Comment 1: Accounting for Industeel’s
Rebate Costs
Comment 2: Write-down of Industeel’s
Inventory Reserves
Comments Pertaining to NLMK Belgium
Comment 3: Use of Adverse Facts
Available
Comment 4: Use of Partial Adverse Facts
Available
Comment 5: Difference-in-Merchandise
Adjustment
Comment 6: Level of Trade
Comment 7: Alternative Calculation of
Indirect Selling Expenses
Comment 8: Calculating Home Market
Short-term Borrowing
Comment 9: Calculating U.S. Short-term
Borrowing
Comment 10: Adjustments to International
Freight Expense
Comment 11: U.S. Billing Adjustment
Comment 12: Adjustments to U.S. Freight
Revenue
Comment 13: Home Market Inland Freight
and Warehouse Expense Adjustments
VI. Recommendation
[FR Doc. 2020–00760 Filed 1–16–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–489–819]
Steel Concrete Reinforcing Bar From
the Republic of Turkey: Preliminary
Results of Countervailing Duty
Administrative Review and Intent To
Rescind the Review in Part; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminary determines
that producers/exporters of steel
concrete reinforcing bar (rebar) from the
Republic of Turkey (Turkey) received
net countervailable subsidies during the
period of review (POR) January 1
through December 31, 2017. Commerce
preliminarily determines that the
mandatory respondents, Icdas Celik
Enerji Tersane ve Ulasim Sanayi A.S.
(Icdas), and Kaptan Demir Celik
Endustrisi ve Ticaret A.S. and Kaptan
Metal Dis Ticaret Ve Nakliyat A.S.
(collectively, Kaptan), each received de
lotter on DSKBCFDHB2PROD with NOTICES
AGENCY:
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minimis net countervailable subsidies
during the POR. This review also
includes 15 companies not individually
examined, which Commerce
preliminarily determines received net
countervailable subsidies. Interested
parties are invited to comment on these
preliminary results.
DATES:
Applicable January 17, 2020.
FOR FURTHER INFORMATION CONTACT:
Nancy Decker, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–0196.
SUPPLEMENTARY INFORMATION:
Background
On February 6, 2019, Commerce
published a notice of initiation of an
administrative review of the
countervailing duty order on rebar from
Turkey.1 On July 25, 2019, Commerce
extended the deadline for the
preliminary results to January 9, 2020.2
For a complete description of the events
that followed the initiation of this
review, see the Preliminary Decision
Memorandum.3 A list of topics
discussed in the Preliminary Decision
Memorandum is included as the
appendix to this notice. 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 directly at https://
enforcement.trade.gov/frn/. The signed
and electronic versions of the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
2159, 2168 (February 6, 2019). A clarification
regarding the initiation was also published. See
Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 9297, 9307 n.11
(March 14, 2019).
2 See Memorandum, ‘‘Steel Concrete Reinforcing
Bar from the Republic of Turkey: Extension of
Deadline for Preliminary Results in 2017
Countervailing Duty Administrative Review,’’ dated
July 25, 2019.
3 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Countervailing Duty
Administrative Review of and the Preliminary
Intent to Rescind, in Part: Steel Concrete
Reinforcing Bar from the Republic of Turkey;
2017,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
PO 00000
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Preliminary Decision Memorandum are
identical in content.
Scope of the Order 4
The merchandise covered by the
Order is steel concrete reinforcing bar
(rebar) imported in either straight length
or coil form regardless of metallurgy,
length, diameter, or grade. For a
complete description of the scope, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Tariff
Act of 1930, as amended (the Act). For
each subsidy program found
countervailable, we preliminarily find
that there is a subsidy, i.e., a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific.5 For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum.
Intent To Rescind Administrative
Review, in Part
Agir Haddecilik A.S. (Agir), Asil Celik
Sanayi ve Ticaret A.S. (Asil), Ege Celik
Endustrisi Sanayi ve Ticaret A.S. (Ege),
Ekinciler Demir ve Celik Sanayi
Anonim Sirketi (Ekinciler), and Kocaer
Haddecilik Sanayi ve Ticar (Kocaer)
timely filed no-shipments
certifications.6 U.S. Customs and Border
Protection (CBP) did not provide
Commerce with any contrary
information. Because there is no
evidence on the record to indicate that
4 See Steel Concrete Reinforcing Bar from the
Republic of Turkey: Countervailing Duty Order, 79
FR 65926 (November 6, 2014) (Order).
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
6 See Agir’s letter, ‘‘Steel Concrete Reinforcing
Bar from Turkey (C–489–819): Countervailing Duty
Administrative Review (1/1/17–12/31/17),’’ dated
February 22, 2019; Asil’s letter, ‘‘Steel Concrete
Reinforcing Bar from Turkey (C–489–819):
Countervailing Duty Administrative Review (1/1/
17–12/31/17),’’ dated February 22, 2019; Ege’s
letter, ‘‘Steel Concrete Reinforcing Bar from Turkey
(C–489–819), Countervailing Duty Administrative
Review (1/1/17–12/31/17), Certification Of No
Sales,’’ dated March 5 2019; Ekinciler’s letter,
‘‘Steel Concrete Reinforcing Bar from Turkey (C–
489–819): Countervailing Duty Administrative
Review (1/1/17–12/31/17),’’ dated February 21,
2019; and Kocaer’s letter, ‘‘2017 Countervailing
Duty Administrative Review Involving Steel
Concrete Reinforcing Bar from the Republic of
Turkey: Notice of No Sales,’’ dated February 21,
2019.
E:\FR\FM\17JAN1.SGM
17JAN1
]]>Agencies
[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Notices]
[Pages 3028-3030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00760]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-812]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium:
Final Results of Antidumping Duty Administrative Review; 2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that the
producers/exporters subject to this administrative review made sales of
subject merchandise at less than normal value during the period of
review (POR), November 14, 2016 through April 30, 2018.
DATES: Applicable January 17, 2020.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer or Alex Wood, AD/CVD
Operations, Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3860 or (202) 482-1959,
respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers eight producers/exporters of the subject
merchandise. Commerce selected two companies, Industeel Belgium S.A.
(Industeel) and NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales
Europe S.A./NLMK Manage Steel Center S.A./NLMK La Louviere S.A.
(collectively, NLMK Belgium), for individual examination. The producers
and/or exporters not selected for individual examination are listed in
the ``Final Results of the Review'' section of this notice.
On July 17, 2019, Commerce published the Preliminary Results.\1\
For a description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\2\ On October 23,
2019, we postponed the final results by 57 days, until January 10,
2020.\3\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-To Length Plate from
Belgium: Preliminary Results of Antidumping Duty Administrative
Review; 2016-2018, 84 FR 34129 (July 17, 2019) (Preliminary
Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2016-2018 Administrative Review of the
Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-To-
Length Plate from Belgium,'' dated concurrently with these results
(Issues and Decision Memorandum), which is hereby adopted by this
notice.
\3\ See Memorandum, ``Carbon and Alloy Steel Cut-To-Length Plate
from Belgium: Extension of Deadline for Final Results of 2016-2018
Antidumping Duty Administrative Review,'' dated October 23, 2019.
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise subject to the order is certain carbon and alloy
steel cut-to-length plate from Belgium. The product is currently
classified under the following Harmonized Tariff Schedule on the United
States (HTSUS) item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030,
7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030,
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000. Although the HTSUS numbers are provided
for convenience and for customs purposes, the written product
description remains dispositive. For a complete description of the
scope of the order, see the Issues and Decision Memorandum which
accompanies this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. The Issues and Decision Memorandum is a public document and
is on file electronically via Enforcement and Compliance's Antidumping
and Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at https://access.trade.gov, and
to all interested parties in the Central Records Unit, room B8024, of
the main Commerce building. In addition, a complete version of the
Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average dumping margins for
Industeel and NLMK Belgium, and for those companies not selected for
individual review.\4\
---------------------------------------------------------------------------
\4\ See accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------
[[Page 3029]]
Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period November 14, 2016 through April
30, 2018:
---------------------------------------------------------------------------
\5\ This rate is based on the rates for the respondents that
were selected for individual review, excluding rates that are zero,
de minimis, or based entirely on facts available. See section
735(c)(5)(A) of the Act.
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margins
(percent)
------------------------------------------------------------------------
Industeel Belgium S.A...................................... 4.75
NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales Europe 16.14
S.A./NLMK Manage Steel Center S.A./NLMK La Louviere S.A...
Hengelhoef Concrete Joints NV *............................ 13.53
Sarens NV *................................................ 13.53
Thyssenkrupp Materials Belgium N.V. *...................... 13.53
Universal Eisen und Stahl GmbH *........................... 13.53
Valvan Baling Systems *.................................... 13.53
Voestalpine Belgium NV. *.................................. 13.53
------------------------------------------------------------------------
* Review-Specific Average Rate \5\
Disclosure of Calculations
We intend to disclose the calculations performed for these final
results to parties in this proceeding within five days of the date of
publication of this notice, in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), where Industeel and NLMK Belgium
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
the respondents did not report entered value, we calculated the entered
value in order to calculate the assessment rate. Where either the
respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. We further
will instruct CBP to take into account the ``provisional measures
deposit cap,'' in accordance with 19 CFR 351.212(d). The final results
of this review shall be the basis for the assessment of antidumping
duties on entries of merchandise covered by the final results of this
review.\6\
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\6\ See section 751(a)(2)(C) of the Act.
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by companies included in these
final results of review for which the reviewed companies did not know
that the merchandise they sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average of the cash deposit
rates calculated for Industeel and NLMK Belgium.\7\ The final results
of this review shall be the basis for the assessment of antidumping
duties on entries of merchandise covered by the final results of this
review and for future deposits of estimated duties, where
applicable.\8\
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\7\ This rate was calculated as discussed in footnote 5.
\8\ See section 751(a)(2)(C) of the Act.
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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be equal to the weighted-average dumping
margin that is established in the final results of this review, except
if the rate is less than 0.50 percent and, therefore, de minimis within
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit
rate will be zero; (2) for companies not participating in this review,
the cash deposit rate will continue to be the company-specific cash
deposit rate published for the most recently completed segment of this
proceeding in which the company participated; (3) if the exporter is
not a firm covered in this review, or the original less-than-fair-value
(LTFV) investigation, but the producer is, the cash deposit rate will
be the cash deposit rate established for the most recently completed
segment for the producer of the subject merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
5.40 percent, the all-others rate established in the LTFV
investigation.\9\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\9\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096, 24098 (May 25, 2017).
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Notification to Importers
This notice serves as a 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.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5).
[[Page 3030]]
Dated: January 10, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comments Pertaining to Industeel
Comment 1: Accounting for Industeel's Rebate Costs
Comment 2: Write-down of Industeel's Inventory Reserves
Comments Pertaining to NLMK Belgium
Comment 3: Use of Adverse Facts Available
Comment 4: Use of Partial Adverse Facts Available
Comment 5: Difference-in-Merchandise Adjustment
Comment 6: Level of Trade
Comment 7: Alternative Calculation of Indirect Selling Expenses
Comment 8: Calculating Home Market Short-term Borrowing
Comment 9: Calculating U.S. Short-term Borrowing
Comment 10: Adjustments to International Freight Expense
Comment 11: U.S. Billing Adjustment
Comment 12: Adjustments to U.S. Freight Revenue
Comment 13: Home Market Inland Freight and Warehouse Expense
Adjustments
VI. Recommendation
[FR Doc. 2020-00760 Filed 1-16-20; 8:45 am]
BILLING CODE 3510-DS-P
