Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2018-2019, 44283-44285 [2020-15840]
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Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Notices
preliminary determination, unless
Commerce alters the time limit. Rebuttal
briefs, limited to issues raised in case
briefs, may be submitted no later than
seven days after the deadline date for
case briefs.7 Pursuant to 19 CFR
351.309(c)(2) and (d)(2), parties who
submit case briefs or rebuttal briefs in
this investigation 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.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants, whether any
participant is a foreign national, and a
list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at the U.S.
Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230, at a time and date to be
determined. Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
An electronically filed document
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.8
jbell on DSKJLSW7X2PROD with NOTICES
International Trade Commission (ITC)
Notification
In accordance with section 733(f) of
the Act, Commerce will notify the ITC
of its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
subject imports are materially injuring,
or threaten material injury to, the U.S.
industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
733(f) and 777(i)(1) of the Act and 19
CFR 351.205(c).
Dated: July 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The merchandise covered by this
investigation is certain tobacco cigarettes,
commonly referred to as ‘‘4th tier cigarettes.’’
The subject cigarettes are composed of a
tobacco blend rolled in paper, have a
nominal minimum total length of 7.0 cm but
do not exceed 12.0 cm in total nominal
length, and have a nominal diameter of less
than 1.3 cm. These sizes of cigarettes are
frequently referred to as ‘‘Kings’’ and
‘‘100’s,’’ but subject merchandise that meets
the physical description of the scope is
included regardless of the marketing
description of the size of the cigarettes.
Subject merchandise typically has a tobacco
blend that consists of 10% or more tobacco
stems.
Subject merchandise is typically sold in
packs of 20 cigarettes per pack which
generally includes the marking ‘‘20 Class A
Cigarettes’’ but are included regardless of
packaging. 4th tier cigarette packages are
typically sold in boxes without a rounded
internal corner and without embossed
aluminum foil inside the pack.
Both menthol and non-menthol cigarettes
and cigarettes with or without a filter
attached are covered by the scope of this
investigation.
Merchandise covered by this investigation
is currently classified in the Harmonized
Tariff Schedule of the United States (HTSUS)
under subheading 2402.20.8000. This HTSUS
subheading is provided for convenience and
customs purposes; the written description of
the scope of the investigation is dispositive.
Appendix II—List of Topics Discussed
in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Scope Comments
VI. Negative Preliminary Determination of
Critical Circumstances
VII. Discussion of the Methodology
VIII. Date of Sale
IX. Product Comparisons
X. Constructed Export Price
XI. Normal Value
XII. Currency Conversion
XIII. Recommendation
[FR Doc. 2020–15841 Filed 7–21–20; 8:45 am]
7 See 19 CFR 351.309; and 19 CFR 351.303 (for
general filing requirements); see also Temporary
Rule Modifying AD/CVD Service Requirements Due
to COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
8 See Temporary Rule.
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BILLING CODE 3510–DS–P
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44283
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2018–
2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the producers/exporters subject to
this administrative review made sales of
subject merchandise at less than normal
value (NV). Additionally, Commerce
preliminarily determines that a
company for which we initiated a
review had no shipments during the
period of review (POR). Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable July 22, 2020.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or David Crespo, 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) 482–4682 or (202) 482–3693,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 15, 2019, based on timely
requests for review, in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review on certain carbon
and alloy steel cut-to-length plate from
Italy.1 This review covers seven
producers and/or exporters of the
subject merchandise. Commerce
selected two companies, NLMK Verona
SpA (NVR) and Officine Tecnosider
s.r.l. (OTS), for individual examination.
The producers and/or exporters not
selected for individual examination are
listed in the ‘‘Preliminary Results of the
Review’’ section of this notice.
On January 9, 2020, Commerce
extended the preliminary results of this
review by 119 days, until May 29,
2020.2 On April 24, 2020, Commerce
tolled all deadlines in administrative
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
33739 (July 15, 2019).
2 See Memorandum, ‘‘Carbon and Alloy Steel Cutto-Length Plate from Italy: Extension of Deadline for
Preliminary Results of 2018–2019 Antidumping
Duty Administrative Review,’’ dated January 9,
2020.
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Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Notices
reviews by 50 days, thereby extending
the deadline for these results until July
20, 2020.3 For a complete description of
the events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.
Scope of the Order
The products covered by the order are
certain carbon and alloy steel hot-rolled
or forged flat plate products not in coils,
whether or not painted, varnished, or
coated with plastics or other nonmetallic substances from Italy. Products
subject to the order are currently
classified in the Harmonized Tariff
Schedule of the United States (HTSUS)
under 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 subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise subject to this scope is
dispositive.4
the Preliminary Decision Memorandum
are identical in content. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
Appendix to this notice.
Preliminary Determination of No
Shipments
One company under review, Lyman
Steel Company (Lyman), filed a
statement reporting that it made no
shipments of subject merchandise to the
United States during the POR.5 We were
able to confirm Lyman’s claim with U.S.
Customs and Border Protection (CBP).6
Consequently, we preliminarily
determine that Lyman had no shipments
during the POR. Consistent with its
practice, Commerce finds that it is not
appropriate to preliminarily rescind the
review with respect to this company
but, rather, to complete the review with
respect to it and issue appropriate
instructions to CBP based on the final
results of this review.7
Preliminary Results of the Review
As a result of this review, we
preliminarily determine that the
following weighted-average dumping
margins exist for the respondents for the
period May 1, 2018 through April 30,
2019:
interested parties within five days after
the date of publication of this notice.9
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.10
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the time limit for
filing case briefs.11 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.12 Case and rebuttal briefs
should be filed using ACCESS.13
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, U.S. Department of
Commerce, filed electronically via
ACCESS within 30 days after the date of
publication of this notice.14 Hearing
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. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made,
Commerce intends to hold the hearing
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.
An electronically-filed document
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice, unless
otherwise extended.16
Methodology
Commerce is conducting this review
in accordance with section 751(a)(1)(B)
Weightedand (2) of the Tariff Act of 1930, as
average
amended (the Act). Export price and
Producers/exporters
dumping
constructed export price are calculated
margin
(percent)
in accordance with section 772 of the
Act. NV is calculated in accordance
NLMK Verona SpA .....................
1.39
with section 773 of the Act.
Officine Tecnosider s.r.l ..............
1.23
For a full description of the
methodology underlying our
Review-Specific Average Rate Applicable to
conclusions, see the Preliminary
the Following Companies: 8
Decision Memorandum. The
1.30
Preliminary Decision Memorandum is a O.ME.P SpA ...............................
Ofar SpA .....................................
1.30
public document and is on file
Sesa SpA ....................................
1.30
electronically via Enforcement and
Tim-Cop Doo Temerin ................
1.30
Compliance’s Antidumping and
Countervailing Duty Centralized
Disclosure and Public Comment
Electronic Service System (ACCESS).
Commerce intends to disclose the
Assessment Rates
ACCESS is available to registered users
at https://access.trade.gov. In addition, a calculations performed in connection
Upon completion of the
with these preliminary results to
complete version of the Preliminary
administrative
review, Commerce shall
Decision Memorandum can be accessed
determine, and CBP shall assess,
5 See Lyman’s Letter ‘‘Certain Carbon and Alloy
directly at https://
Steel Cut-to-Length Plate from Italy; Lyman Steel
enforcement.trade.gov/frn/summary.
Company’s Certification of No Sales, Shipments, or
8 This rate is based on the rates for the
The signed and electronic versions of
Entries,’’ dated August 14, 2019.
respondents that were selected for individual
jbell on DSKJLSW7X2PROD with NOTICES
3 See
Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews in Response to Operational
Adjustments Due to COVID–19,’’ dated April 24,
2020.
4 For a full description of the scope of the order,
see Memorandum, ‘‘Decision Memorandum for the
Preliminary Results of the 2018–2019
Administrative Review of the Antidumping Duty
Order on Certain Carbon and Alloy Steel Cut-ToLength Plate from Italy,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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18:11 Jul 21, 2020
Jkt 250001
6 See Memorandum, ‘‘Certain Carbon and Alloy
Steel Cut-to-Length Plate from Italy (A–475–834),’’
dated April 13, 2020.
7 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306
(August 28, 2014).
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
review, excluding rates that are zero, de minimis or
based entirely on facts available. See section
735(c)(5)(A) of the Act.
9 See 19 CFR 351.224(b).
10 See 19 CFR 351.309(c).
11 Commerce is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 See 19 CFR 351.303.
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310(d).
16 See Section 751(a)(3)(A) of the Act.
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Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Notices
antidumping duties on all appropriate
entries.17
Where the respondent did not report
entered value or reported amounts
based on average data, 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.
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
average 18 of the cash deposit rates
calculated for NVR and OTS, excluding
any which are zero or de minimis or
determined entirely based on adverse
facts available. 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.
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.19
Further, if we continue to find, in the
final results, that Lyman had no
shipments of subject merchandise
during the POR, we will instruct CBP to
liquidate any suspended entries that
entered under their AD case number
(i.e., at that exporter’s rate), or at the allothers rate, if there is no rate for the
intermediate company(ies) involved in
the transaction.
We intend to issue liquidation
instructions to CBP 15 days after
publication of the final results of this
review.
jbell on DSKJLSW7X2PROD 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
17 See
19 CFR 351.212(b).
18 This rate was calculated as discussed in
footnote 5, above.
19 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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18:11 Jul 21, 2020
Jkt 250001
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 the exporters listed
above will be equal to the weightedaverage dumping margin 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; (3) if the
exporter is not a firm covered in this
review, or the original less-than-fairvalue (LTFV) investigation, but the
producer is, then the cash deposit rate
will be the cash deposit rate established
for the most recently completed segment
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 6.08 percent, the all-others rate
established in the LTFV investigation.20
These 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 could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: July 16, 2020.
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
20 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).
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44285
IV. Companies Not Selected for Individual
Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2020–15840 Filed 7–21–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF DEFENSE
Department of the Army; Corps of
Engineers
Board on Coastal Engineering
Research
Department of the Army, DoD.
Notice of Advisory Committee
meeting.
AGENCY:
ACTION:
The Department of the Army
is publishing this notice to announce
the following Federal advisory
committee meeting of the Board on
Coastal Engineering Research. This
meeting is open to the public.
DATES: The Board on Coastal
Engineering Research will meet from
9:30 a.m. to 5:00 p.m. on August 25,
2020 and reconvene from 9:30 a.m. to
3:45 p.m. on August 26, 2020 Central
Time Zone. The Executive Session of
the Board will convene from 4:00 p.m.
to 5:00 p.m. on August 26, 2020. All
sessions are open to the public and are
held in Central Time Zone.
ADDRESSES: The meetings will be held
by videoconference/teleconference. To
participate in the meeting, see the
Meeting Accessibility section for
instructions. For more information
about the Board, please visit https://
www.erdc.usace.army.mil/CHL/CERB/.
FOR FURTHER INFORMATION CONTACT: Dr.
Julie Dean Rosati Designated Federal
Officer (DFO), U.S. Army Engineer
Research and Development Center,
Waterways Experiment Station, Coastal
and Hydraulics Laboratory, 3909 Halls
Ferry Road, Vicksburg, MS 39180–6199,
phone (202) 761–1850, or
Julie.D.Rosati@usace.army.mil.
SUPPLEMENTARY INFORMATION: The
meeting is being held under the
provisions of the Federal Advisory
Committee Act (FACA) of 1972 (5
U.S.C., Appendix, as amended), the
Government in the Sunshine Act of
1976 (5 U.S.C. 552b, as amended), and
41 CFR 102–3.150. The Board on
Coastal Engineering Research provides
broad policy guidance and reviews
plans for the conduct of research and
the development of research projects in
consonance with the needs of the
coastal engineering field and the
objectives of the U.S. Army Chief of
Engineers.
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Pages 44283-44285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15840]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the producers/exporters subject to this administrative review made
sales of subject merchandise at less than normal value (NV).
Additionally, Commerce preliminarily determines that a company for
which we initiated a review had no shipments during the period of
review (POR). Interested parties are invited to comment on these
preliminary results.
DATES: Applicable July 22, 2020.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or David Crespo, 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) 482-4682 or (202)
482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 15, 2019, based on timely requests for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on certain carbon and alloy steel cut-to-length plate from
Italy.\1\ This review covers seven producers and/or exporters of the
subject merchandise. Commerce selected two companies, NLMK Verona SpA
(NVR) and Officine Tecnosider s.r.l. (OTS), for individual examination.
The producers and/or exporters not selected for individual examination
are listed in the ``Preliminary Results of the Review'' section of this
notice.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019).
---------------------------------------------------------------------------
On January 9, 2020, Commerce extended the preliminary results of
this review by 119 days, until May 29, 2020.\2\ On April 24, 2020,
Commerce tolled all deadlines in administrative
[[Page 44284]]
reviews by 50 days, thereby extending the deadline for these results
until July 20, 2020.\3\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.
---------------------------------------------------------------------------
\2\ See Memorandum, ``Carbon and Alloy Steel Cut-to-Length Plate
from Italy: Extension of Deadline for Preliminary Results of 2018-
2019 Antidumping Duty Administrative Review,'' dated January 9,
2020.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are certain carbon and alloy
steel hot-rolled or forged flat plate products not in coils, whether or
not painted, varnished, or coated with plastics or other non-metallic
substances from Italy. Products subject to the order are currently
classified in the Harmonized Tariff Schedule of the United States
(HTSUS) under 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 subheadings are
provided for convenience and customs purposes, the written description
of the merchandise subject to this scope is dispositive.\4\
---------------------------------------------------------------------------
\4\ For a full description of the scope of the order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2018-2019 Administrative Review of the Antidumping Duty Order on
Certain Carbon and Alloy Steel Cut-To-Length Plate from Italy,''
dated 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) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. NV is calculated in accordance with
section 773 of the Act.
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. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/summary. The signed and electronic
versions of the Preliminary Decision Memorandum are identical in
content. A list of the topics discussed in the Preliminary Decision
Memorandum is attached as an Appendix to this notice.
Preliminary Determination of No Shipments
One company under review, Lyman Steel Company (Lyman), filed a
statement reporting that it made no shipments of subject merchandise to
the United States during the POR.\5\ We were able to confirm Lyman's
claim with U.S. Customs and Border Protection (CBP).\6\ Consequently,
we preliminarily determine that Lyman had no shipments during the POR.
Consistent with its practice, Commerce finds that it is not appropriate
to preliminarily rescind the review with respect to this company but,
rather, to complete the review with respect to it and issue appropriate
instructions to CBP based on the final results of this review.\7\
---------------------------------------------------------------------------
\5\ See Lyman's Letter ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from Italy; Lyman Steel Company's Certification of No
Sales, Shipments, or Entries,'' dated August 14, 2019.
\6\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from Italy (A-475-834),'' dated April 13, 2020.
\7\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306
(August 28, 2014).
---------------------------------------------------------------------------
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margins exist for the respondents
for the period May 1, 2018 through April 30, 2019:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
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NLMK Verona SpA............................................. 1.39
Officine Tecnosider s.r.l................................... 1.23
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies: \8\
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O.ME.P SpA.................................................. 1.30
Ofar SpA.................................................... 1.30
Sesa SpA.................................................... 1.30
Tim-Cop Doo Temerin......................................... 1.30
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\9\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\11\ 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.\12\ Case and
rebuttal briefs should be filed using ACCESS.\13\
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\8\ 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.
\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c).
\11\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See 19 CFR 351.303.
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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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\14\ Hearing 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. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, Commerce intends to hold
the hearing 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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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\16\
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\16\ See Section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess,
[[Page 44285]]
antidumping duties on all appropriate entries.\17\
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\17\ See 19 CFR 351.212(b).
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Where the respondent did not report entered value or reported
amounts based on average data, 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.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the average \18\ of the cash
deposit rates calculated for NVR and OTS, excluding any which are zero
or de minimis or determined entirely based on adverse facts available.
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.
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\18\ This rate was calculated as discussed in footnote 5, above.
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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.\19\
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\19\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Further, if we continue to find, in the final results, that Lyman
had no shipments of subject merchandise during the POR, we will
instruct CBP to liquidate any suspended entries that entered under
their AD case number (i.e., at that exporter's rate), or at the all-
others rate, if there is no rate for the intermediate company(ies)
involved in the transaction.
We intend to issue liquidation instructions to CBP 15 days after
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 rate for the exporters
listed above will be equal to the weighted- average dumping margin
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; (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, then the cash deposit
rate will be the cash deposit rate established for the most recently
completed segment for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
6.08 percent, the all-others rate established in the LTFV
investigation.\20\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\20\ 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 preliminary reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 16, 2020.
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. Companies Not Selected for Individual Examination
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2020-15840 Filed 7-21-20; 8:45 am]
BILLING CODE 3510-DS-P
