Certain Hot-Rolled Steel Flat Products From Australia: Final Results of Antidumping Duty Administrative Review; 2017-2018, 63249-63251 [2020-22181]
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Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices
significant ministerial error with respect
to our preliminary critical
circumstances determination. The
period of investigation is July 1, 2019
through December 31, 2019.
DATES: Applicable October 7, 2020.
FOR FURTHER INFORMATION CONTACT: Leo
Ayala or Alex Cipolla, 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) 482–3945 or (202) 482–4956,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 19, 2020, Commerce
published its Preliminary
Determination.1 On August 19, 2020, we
received ministerial error comments
from Chongqing Zongshen General
Power Machine Co., Ltd (Zongshen)
alleging that Commerce made certain
significant ministerial errors in the
Preliminary Determination. No other
party made an allegation of ministerial
errors. On August 24, 2020, Briggs &
Stratton Corporation provided reply
comments to Zongshen’s allegations.
After reviewing the allegation, we
determine that the Preliminary
Determination included a significant
ministerial error with respect to our
preliminary critical circumstances
determination. Therefore, we are
amending the Preliminary
Determination to find that critical
circumstances do not exist for
Zongshen.
Scope of the Investigation
The products covered by this
investigation are vertical shaft engines
from China. For a complete description
of the scope of this investigation, see the
Preliminary Determination.2
Analysis of Significant Ministerial
Error Allegation
Pursuant to 19 CFR 351.224, and as
explained further in the Ministerial
Error Memorandum 3 issued
1 See Certain Vertical Shaft Engines Between
225cc and 999cc, and Parts Thereof, from the
People’s Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value,
Preliminary Affirmative Determination of Critical
Circumstances, Postponement of Final
Determination, and Extension of Provisional
Measures, 85 FR 51015 (August 19, 2020)
(Preliminary Determination).
2 Id., 85 FR at 51017.
3 See Memorandum, ‘‘Antidumping Duty
Investigation of Certain Vertical Shaft Engines
Between 225cc and 999cc, and Parts Thereof, from
China: Allegation of Ministerial Errors in the
Preliminary Determination,’’ dated concurrently
with this notice (Ministerial Error Memorandum).
VerDate Sep<11>2014
17:21 Oct 06, 2020
Jkt 253001
concurrently with this Notice, we
determine that the Preliminary
Determination contained an error with
respect to our preliminary critical
circumstances calculation. In particular,
we found an unintentional error in our
calculation under the statutory criteria
involving massive imports over a
relatively short period.4 In our corrected
calculation of Zongshen’s massive
import analysis, we found that imports
based on Zongshen’s reported
shipments of merchandise under
consideration did not increase during
the comparison period by more than 15
percent over its respective imports in
the base period.5 Correction of this error
results in a determination that
Zongshen’s imports were not massive
during the comparison period and
changes the preliminary critical
circumstances determination from
affirmative to negative for Zongshen.6
Commerce considers this ministerial
error to be significant warranting an
amendment to our preliminary critical
circumstances determination with
respect to Zongshen. Commerce does
not consider any of the other alleged
ministerial errors to be ministerial in
nature.7
Therefore, we amend our preliminary
determination and find there were not
massive imports for Zongshen, pursuant
to section 733(e)(1)(B) of the Act and 19
CFR 351.206(c)(2)(i). Accordingly, we
find that critical circumstances do not
exist with respect to Zongshen.
Suspension of Liquidation
The collection of cash deposits and
suspension of liquidation will be
revised, in accordance with section
733(e) of the Act. We will instruct U.S.
Customs and Border Protection (CBP) to
suspend liquidation of entries of subject
merchandise, as described in Appendix
I, entered, or withdrawn from
warehouse, for consumption on or after
August 19, 2020, the date of publication
of the Preliminary Determination.
We will also instruct CBP to require
a cash deposit equal to the estimated
preliminary antidumping duty rate
reflected in the Preliminary
Determination. This suspension of
liquidation will remain in effect until
further notice.
Notification of U.S. International Trade
Commission (ITC)
In accordance with section 733(f) of
the Act, we will notify the ITC of our
determination. In addition, we are
4 See
section 733(e)(1)(B) of the Act.
5 See Ministerial Error Memorandum.
6 Id.
7 Id.
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Fmt 4703
Sfmt 4703
63249
making available to the ITC all nonprivileged and non-proprietary
information relating to this
investigation. We will allow the ITC
access to all privileged and business
proprietary information in our files,
provided the ITC confirms that it will
not disclose such information, either
publicly or under an administrative
protective order, without the written
consent of the Assistant Secretary for
Enforcement and Compliance.
Notification to Interested Parties
This determination is issued and
published pursuant to sections 733(f)
and 777(i)(1) of the Act and 19 CFR
351.224(e).
Dated: September 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–22179 Filed 10–6–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–809]
Certain Hot-Rolled Steel Flat Products
From Australia: Final Results of
Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) determines that the
producer/exporter subject to this
administrative review made sales in the
United States of certain hot-rolled steel
flat products from Australia at less than
normal value during the period of
review (POR) October 1, 2017 through
September 30, 2018.
SUMMARY:
DATES:
Applicable October 7, 2020.
FOR FURTHER INFORMATION CONTACT:
Rachel Greenberg, 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) 482–0652.
SUPPLEMENTARY INFORMATION:
Background
This review covers one producer/
exporter of the subject merchandise:
BlueScope Steel (AIS) Pty Ltd./
BlueScope Steel Ltd./BlueScope Steel
Distribution (collectively, BlueScope).
E:\FR\FM\07OCN1.SGM
07OCN1
63250
Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices
On December 10, 2019, Commerce
published the Preliminary Results.1 On
March 13, 2020, Commerce fully
extended the deadline for the final
results of this review to June 12, 2020.2
On April 24, 2020, Commerce tolled all
deadlines in administrative reviews by
50 days.3
On May 11 and 12, 2020, we received
case briefs from BlueScope and the
petitioners,4 respectively.5 On May 18,
2020, we received rebuttal briefs from
both BlueScope and the petitioners.6
On July 21, 2020, Commerce tolled all
deadlines in administrative reviews by
an additional 60 days.7 The deadline for
the final results of this review is now
September 30, 2020. 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 hot-rolled steel flat products
from Australia. For a full description of
the scope of this order, see the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised by the parties in
their case and rebuttal briefs are listed
in the appendix to this notice and are
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. In addition, a
1 See Certain Hot-Rolled Steel Flat Products from
Australia: Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018, 84 FR 68876
(December 10, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review; 2017–2018,’’ dated March 13, 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.
4 The petitioners are the United States Steel
Corporation, AK Steel Corporation, ArcelorMittal
USA LLC, Nucor Corporation, and Steel Dynamics,
Inc.
5 See BlueScope’s Case Brief, ‘‘Case Brief of
BlueScope Steel. Ltd: Certain Hot-Rolled Steel
Products from Australia,’’ dated March 11, 2020;
and Petitioners’ Case Brief, ‘‘Hot-Rolled Steel Flat
Products from Australia: Petitioners’ Case Brief,’’
dated March 11, 2020.
6 See BlueScope’s Rebuttal Brief, ‘‘Rebuttal Brief
of BlueScope Steel Ltd: Certain Hot-Rolled Steel
Products from Australia,’’ dated March 18, 2020;
and Petitioners’ Rebuttal Brief, ‘‘Hot-Rolled Steel
Flat Products from Australia: Petitioners’ Rebuttal
Brief,’’ dated March 18, 2020.
7 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
VerDate Sep<11>2014
17:21 Oct 06, 2020
Jkt 253001
complete version of the Issues and
Decision Memorandum can be accessed
directly at https://enforcement.trade.gov/
frn/. The signed Issues and Decision
Memorandum and the electronic
version of the Issues and Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
In the Preliminary Results, we found
that application of partial adverse facts
available (AFA) was appropriate
because we found that BlueScope had
not acted to the best of its ability to
supply Commerce with necessary
information. For these final results, we
are no longer applying partial AFA to
BlueScope’s home market sales with
incomplete product characteristics. We
have also excluded from BlueScope’s
U.S. sales database products that were
re-exported because the first sale to an
unaffiliated customer for these sales was
to a customer in a third country. Finally,
we made a minor change to the arm’slength test conducted for home market
sales, using the consolidated customer
code rather than the unconsolidated
customer code. For a discussion of the
above-referenced changes, see the
‘‘Changes Since the Preliminary
Results’’ section of the Issues and
Decision Memorandum.
Final Results of the Review
We are assigning the following
dumping margin to the exporter/
producer listed below for the POR,
October 1, 2017 through September 30,
2018:
Exporter/producer
BlueScope Steel Ltd./BlueScope
Steel (AIS) Pty Ltd./BlueScope
Steel Distribution Pty Ltd ........
Weightaverage
dumping
margin
(percent)
2.72
Disclosure
We will disclose to interested parties
the calculations performed in
connection with these final results
within five days of the publication of
this notice, consistent with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the
Act, and 19 CFR 351.212(b)(1),
Commerce will determine, 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.
For BlueScope, because its weightedaverage dumping margin is not zero or
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
de minimis (i.e., less than 0.5 percent),
Commerce has calculated importerspecific antidumping duty assessment
rates. Because BlueScope reported the
entered value for all its U.S. sales, we
calculated importer-specific
antidumping duty assessment rates
based on the ratio of the total amount of
antidumping duties calculated for the
examined sales to the total entered
value of those sales. We will instruct
CBP to assess antidumping duties on all
appropriate entries covered by this
review where an importer-specific
assessment rate is not zero or de
minimis. Pursuant to 19 CFR
351.106(c)(2), we will instruct CBP to
liquidate without regard to antidumping
duties any entries for which the
importer-specific assessment rate is zero
or de minimis.
Consistent with Commerce’s
assessment practice, for entries of
subject merchandise during the POR
produced by BlueScope, for which
BlueScope did not know that the
merchandise was destined for the
United States, 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.8
Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of these
final results of review.
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rates for the reviewed
company will be the rate shown above;
(2) for merchandise exported by
producers or exported not covered in
this administrative review but covered
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the company-specific rate published for
the most recently-completed segment of
this proceeding; (3) if the exporter is not
a firm covered in this review, a previous
review, or the original less-than-fairvalue (LTFV) investigation, but the
producer is, then the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the producer of the
subject merchandise; and (4) the cash
8 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
E:\FR\FM\07OCN1.SGM
07OCN1
Federal Register / Vol. 85, No. 195 / Wednesday, October 7, 2020 / Notices
deposit rate for all other producers or
exporters will continue to be 29.58
percent, the all-others rate established
in the LTFV investigation.9 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as the only
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
In accordance with 19 CFR
351.305(a)(3), this notice also serves as
a reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under the APO,
which continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213(h). Note that Commerce
has temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.10
Dated: September 30, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
9 See Certain Hot-Rolled Steel Flat Products from
Australia, Brazil, Japan, the Republic of Korea, the
Netherlands, the Republic of Turkey, and the
United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the
Republic of Korea, and the Republic of Turkey and
Antidumping Duty Orders, 81 FR 67962 (October 3,
2016).
10 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
VerDate Sep<11>2014
17:21 Oct 06, 2020
Jkt 253001
II. Background
III. Scope of the Order
IV. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Reimbursement of
Antidumping Duties
Comment 2: Partial AFA for Home Market
Sales with Incomplete Control Numbers
Comment 3: U.S. Sales of Products That
Were Re-Exported
Comment 4: Programming Error
VI. Recommendation
[FR Doc. 2020–22181 Filed 10–6–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–136]
Certain Chassis and Subassemblies
Thereof From the People’s Republic of
China: Postponement of Preliminary
Determination in the Countervailing
Duty Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Applicable October 7, 2020.
FOR FURTHER INFORMATION CONTACT:
William Langley at (202) 482–3861, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 19, 2020, the Department
of Commerce (Commerce) initiated a
countervailing duty (CVD) investigation
of imports of certain chassis and
subassemblies thereof (chassis) from the
People’s Republic of China (China).1
Currently, the preliminary
determination is due no later than
October 23, 2020.
Postponement of Preliminary
Determination
Section 703(b)(1) of the Tariff Act of
1930, as amended (the Act), requires
Commerce to issue the preliminary
determination in a countervailing duty
investigation within 65 days after the
date on which Commerce initiated the
investigation. However, section
703(c)(1) of the Act permits Commerce
to postpone the preliminary
determination until no later than 130
days after the date on which Commerce
initiated the investigation if: (A) The
1 See Certain Chassis and Subassemblies Thereof
from the People’s Republic of China: Initiation of
Countervailing Duty Investigation, 85 FR 52549
(August 19, 2020) (Initiation Notice).
PO 00000
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Fmt 4703
Sfmt 9990
63251
petitioner makes a timely request for a
postponement; or (B) Commerce
concludes that the parties concerned are
cooperating, that the investigation is
extraordinarily complicated, and that
additional time is necessary to make a
preliminary determination. Under 19
CFR 351.205(e), the petitioner must
submit a request for postponement 25
days or more before the scheduled date
of the preliminary determination and
must state the reasons for the request.
Commerce will grant the request unless
it finds compelling reasons to deny the
request.
On September 17, 2020, the
petitioner 2 submitted a timely request
that Commerce postpone the
preliminary CVD determination.3 The
petitioner stated that it requests
postponement to permit parties time to
review information submitted by the
Government of China and the
mandatory respondents, which is
currently due no later than October 13,
2020, ten days before the unextended
preliminary determination.4 In
accordance with 19 CFR 351.205(e), the
petitioner has stated the reasons for
requesting a postponement of the
preliminary determination, and
Commerce finds no compelling reason
to deny the request. Therefore, in
accordance with section 703(c)(1)(A) of
the Act, Commerce is postponing the
deadline for the preliminary
determination to no later than 130 days
after the date on which this
investigation was initiated, i.e.,
December 28, 2020. Pursuant to section
705(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination of this investigation will
continue to be 75 days after the date of
the preliminary determination.
This notice is issued and published
pursuant to section 703(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: October 1, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–22177 Filed 10–6–20; 8:45 am]
BILLING CODE 3510–DS–P
2 The petitioner is the Coalition of American
Chassis Manufacturers.
3 See Petitioner’s Letter, ‘‘Certain Chassis and
Subassemblies Thereof from the People’s Republic
of China: Request for Postponement of Preliminary
Determination,’’ dated September 17, 2020.
4 Id.
E:\FR\FM\07OCN1.SGM
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Agencies
[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63249-63251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22181]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-809]
Certain Hot-Rolled Steel Flat Products From Australia: Final
Results of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
producer/exporter subject to this administrative review made sales in
the United States of certain hot-rolled steel flat products from
Australia at less than normal value during the period of review (POR)
October 1, 2017 through September 30, 2018.
DATES: Applicable October 7, 2020.
FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, 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) 482-0652.
SUPPLEMENTARY INFORMATION:
Background
This review covers one producer/exporter of the subject
merchandise: BlueScope Steel (AIS) Pty Ltd./BlueScope Steel Ltd./
BlueScope Steel Distribution (collectively, BlueScope).
[[Page 63250]]
On December 10, 2019, Commerce published the Preliminary
Results.\1\ On March 13, 2020, Commerce fully extended the deadline for
the final results of this review to June 12, 2020.\2\ On April 24,
2020, Commerce tolled all deadlines in administrative reviews by 50
days.\3\
---------------------------------------------------------------------------
\1\ See Certain Hot-Rolled Steel Flat Products from Australia:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 68876 (December 10, 2019) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2017-2018,'' dated March 13,
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.
---------------------------------------------------------------------------
On May 11 and 12, 2020, we received case briefs from BlueScope and
the petitioners,\4\ respectively.\5\ On May 18, 2020, we received
rebuttal briefs from both BlueScope and the petitioners.\6\
---------------------------------------------------------------------------
\4\ The petitioners are the United States Steel Corporation, AK
Steel Corporation, ArcelorMittal USA LLC, Nucor Corporation, and
Steel Dynamics, Inc.
\5\ See BlueScope's Case Brief, ``Case Brief of BlueScope Steel.
Ltd: Certain Hot-Rolled Steel Products from Australia,'' dated March
11, 2020; and Petitioners' Case Brief, ``Hot-Rolled Steel Flat
Products from Australia: Petitioners' Case Brief,'' dated March 11,
2020.
\6\ See BlueScope's Rebuttal Brief, ``Rebuttal Brief of
BlueScope Steel Ltd: Certain Hot-Rolled Steel Products from
Australia,'' dated March 18, 2020; and Petitioners' Rebuttal Brief,
``Hot-Rolled Steel Flat Products from Australia: Petitioners'
Rebuttal Brief,'' dated March 18, 2020.
---------------------------------------------------------------------------
On July 21, 2020, Commerce tolled all deadlines in administrative
reviews by an additional 60 days.\7\ The deadline for the final results
of this review is now September 30, 2020. Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
---------------------------------------------------------------------------
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order is certain hot-rolled steel
flat products from Australia. For a full description of the scope of
this order, see the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised by the parties in their case and rebuttal briefs
are listed in the appendix to this notice and are 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. In addition, a complete version of the Issues
and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum
and the electronic version of the Issues and Decision Memorandum are
identical in content.
Changes Since the Preliminary Results
In the Preliminary Results, we found that application of partial
adverse facts available (AFA) was appropriate because we found that
BlueScope had not acted to the best of its ability to supply Commerce
with necessary information. For these final results, we are no longer
applying partial AFA to BlueScope's home market sales with incomplete
product characteristics. We have also excluded from BlueScope's U.S.
sales database products that were re-exported because the first sale to
an unaffiliated customer for these sales was to a customer in a third
country. Finally, we made a minor change to the arm's-length test
conducted for home market sales, using the consolidated customer code
rather than the unconsolidated customer code. For a discussion of the
above-referenced changes, see the ``Changes Since the Preliminary
Results'' section of the Issues and Decision Memorandum.
Final Results of the Review
We are assigning the following dumping margin to the exporter/
producer listed below for the POR, October 1, 2017 through September
30, 2018:
------------------------------------------------------------------------
Weight-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
BlueScope Steel Ltd./BlueScope Steel (AIS) Pty Ltd./ 2.72
BlueScope Steel Distribution Pty Ltd......................
------------------------------------------------------------------------
Disclosure
We will disclose to interested parties the calculations performed
in connection with these final results within five days of the
publication of this notice, consistent with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR
351.212(b)(1), Commerce will determine, 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.
For BlueScope, because its weighted-average dumping margin is not
zero or de minimis (i.e., less than 0.5 percent), Commerce has
calculated importer-specific antidumping duty assessment rates. Because
BlueScope reported the entered value for all its U.S. sales, we
calculated importer-specific antidumping duty assessment rates based on
the ratio of the total amount of antidumping duties calculated for the
examined sales to the total entered value of those sales. We will
instruct CBP to assess antidumping duties on all appropriate entries
covered by this review where an importer-specific assessment rate is
not zero or de minimis. Pursuant to 19 CFR 351.106(c)(2), we will
instruct CBP to liquidate without regard to antidumping duties any
entries for which the importer-specific assessment rate is zero or de
minimis.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by BlueScope, for which
BlueScope did not know that the merchandise was destined for the United
States, 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.\8\
---------------------------------------------------------------------------
\8\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rates for the reviewed company will be
the rate shown above; (2) for merchandise exported by producers or
exported not covered in this administrative review but covered in a
prior segment of this proceeding, the cash deposit rate will continue
to be the company-specific rate published for the most recently-
completed segment of this proceeding; (3) if the exporter is not a firm
covered in this review, a previous review, or the original less-than-
fair-value (LTFV) investigation, but the producer is, then the cash
deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the subject
merchandise; and (4) the cash
[[Page 63251]]
deposit rate for all other producers or exporters will continue to be
29.58 percent, the all-others rate established in the LTFV
investigation.\9\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\9\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016).
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Notification to Importers
This notice serves as the only 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
In accordance with 19 CFR 351.305(a)(3), this notice also serves as
a reminder to parties subject to administrative protective order (APO)
of their responsibility concerning the return or destruction of
proprietary information disclosed under the APO, which continues to
govern business proprietary information in this segment of the
proceeding. Timely written notification of the return or destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h). Note
that Commerce has temporarily modified certain of its requirements for
serving documents containing business proprietary information, until
further notice.\10\
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\10\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
Dated: September 30, 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. Changes to the Preliminary Results
V. Discussion of the Issues
Comment 1: Reimbursement of Antidumping Duties
Comment 2: Partial AFA for Home Market Sales with Incomplete
Control Numbers
Comment 3: U.S. Sales of Products That Were Re-Exported
Comment 4: Programming Error
VI. Recommendation
[FR Doc. 2020-22181 Filed 10-6-20; 8:45 am]
BILLING CODE 3510-DS-P