Certain Hot-Rolled Steel Flat Products From Australia: Preliminary Results of Antidumping Duty Administrative Review and Intent To Rescind Review, in Part; 2018-2019, 10923-10925 [2021-03618]
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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
Dongbu Steel Co., Ltd. (Dongbu Steel)
and Dongbu Incheon Steel Co., Ltd.
(Dongbu Incheon) for purposes of
determining antidumping duty (AD)
cash deposits and liabilities pursuant to
the AD orders on certain cold-rolled
steel flat products (cold-rolled steel) and
certain corrosion-resistant steel
products (CORE) from the Republic of
Korea (Korea). Additionally, Commerce
continues to find KG Dongbu Steel is
not the successor-in-interest to Dongbu
Steel and Dongbu Incheon for purposes
of countervailing duty (CVD) cash
deposits and liabilities pursuant to the
CVD orders on cold-rolled steel and
CORE, because there was a significant
change in ownership and operations
that could have affected the nature and
extent of the countervailable subsidies
attributable to KG Dongbu Steel.
DATES: Applicable February 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Joshua A. DeMoss, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3362.
SUPPLEMENTARY INFORMATION:
Background
On January 5, 2021, Commerce
published the Preliminary Results of the
changed circumstances reviews (CCRs)
of the AD and CVD orders on coldrolled steel and CORE from Korea.1 In
the Preliminary Results, interested
parties were provided an opportunity to
comment and request a public hearing
regarding our preliminary findings. We
received no comments from interested
parties, nor was a public hearing
requested.
The products covered by these CCRs
are cold-rolled steel and CORE from
Korea. For full descriptions of the scope
of the orders, see the Preliminary
Results and accompanying Preliminary
Decision Memorandum.
Final Results of the Changed
Circumstances Reviews
For the reasons stated in the
Preliminary Results, and because we
received no comments from interested
parties, Commerce continues to find
that KG Dongbu Steel is the successorin-interest to Dongbu Steel and Dongbu
Incheon for AD purposes. As a result of
1 See Certain Cold-Rolled Steel Flat Products and
Certain Corrosion-Resistant Steel Products from the
Republic of Korea: Final Results of Antidumping
Duty and Countervailing Duty Changed
Circumstances Reviews, 86 FR 287 (January 5, 2021)
(Preliminary Results).
18:36 Feb 22, 2021
Notification to Interested Parties
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR
351.216(b), 351.221(b) and
351.221(c)(3).
Dated: February 17, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–03619 Filed 2–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–602–809]
Scope of the Orders
VerDate Sep<11>2014
this determination, we find it
appropriate to apply to KG Dongbu Steel
AD cash deposits requirements and
liabilities at the rates currently in effect
for Dongbu Steel/Dongbu Incheon. For
CVD purposes, we continue to find that
changes in ownership and management
were significant and, thus, that it is not
appropriate to apply the CVD cash
deposit requirements and liabilities
currently in effect for Dongbu Steel/
Dongbu Incheon to KG Dongbu Steel.
Commerce will instruct U.S. Customs
and Border Protection to suspend
liquidation of all shipments of subject
merchandise produced or exported by
KG Dongbu Steel and entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of this notice in the Federal
Register at the current antidumping
duty cash-deposit rate on cold-rolled
steel and CORE in effect for Dongbu
Steel/Dongbu Incheon. This cash
deposit requirement shall remain in
effect until further notice.
Jkt 253001
Certain Hot-Rolled Steel Flat Products
From Australia: Preliminary Results of
Antidumping Duty Administrative
Review and Intent To Rescind Review,
in Part; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily finds that the
producer/exporter subject to this review
made sales of subject merchandise at
less than normal value during the
period of review (POR), October 1, 2018,
through September 30, 2019. We invite
interested parties to comment on these
preliminary results.
DATES: Applicable February 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Allison Hollander, AD/CVD Operations,
Office I, Enforcement and Compliance,
AGENCY:
PO 00000
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Sfmt 4703
10923
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2805.
SUPPLEMENTARY INFORMATION:
Background
On January 17, 2020, Commerce
initiated this administrative review of
the antidumping duty order on certain
hot-rolled steel flat products (hot-rolled
steel) from Australia in accordance with
section 751(a) of the Tariff Act of 1930,
as amended (the Act).1 This review
covers one producer/exporter of subject
merchandise, the collapsed entity,
BlueScope Steel (AIS) Pty Ltd.,
BlueScope Steel Ltd., and BlueScope
Steel Distribution Pty Ltd. (collectively,
BlueScope). On April 24, 2020,
Commerce exercised its discretion to
toll all deadlines for administrative
reviews by 50 days, resulting in a
revised deadline for these preliminary
results.2 On July 21, 2020, Commerce
again tolled all deadlines in
administrative reviews by an additional
60 days.3 Additionally, Commerce
exercised its discretion to extend the
deadline for the preliminary results
until February 17, 2021.4
Scope of the Order
The products covered by this Order 5
are certain hot-rolled, flat-rolled steel
products. For a full description of the
scope, see the Preliminary Decision
Memorandum.6
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Act. Constructed export price is
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
3014 (January 17, 2020) (Initiation Notice).
2 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.
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
4 See Memorandum, ‘‘Certain Hot-Rolled Steel
Flat Products from Australia: Extension of Deadline
for Preliminary Results of Antidumping Duty
Administrative Review; 2018–2019,’’ dated
September 21, 2020.
5 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) (Order).
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Hot Rolled Steel Flat
Products from Australia: 2018–2019,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
E:\FR\FM\23FEN1.SGM
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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
calculated in accordance with section
772 of the Act. Normal value is
calculated in accordance with section
773 of the Act.
For a full description of the
methodology underlying these
preliminary results, see the Preliminary
Decision Memorandum. The
Preliminary Decision Memorandum is a
public document and is made available
to the public 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 is available at
https://enforcement.trade.gov/frn/. A list
of the topics included in the
Preliminary Decision Memorandum is
included as an appendix to this notice.
Intent To Rescind Review in Part
In the Initiation Notice, Commerce
inadvertently included as subject to the
review a U.S. company, i.e., AJU Steel
USA Inc., for which a review should not
have been initiated. As such, Commerce
intends to rescind the review with
respect to AJU Steel USA Inc. After the
completion of the final results of review,
Commerce intends to instruct CBP to
assess antidumping duties on any
suspended entries of hot-rolled steel
from AJU Steel USA Inc. at the rate
equal to the cash deposit rate of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse for consumption.
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period October 1,
2018, through September 30, 2019:
Exporter/producer
BlueScope Steel (AIS) Pty Ltd,
BlueScope Steel Ltd., and
BlueScope Steel Distribution
Pty Ltd .....................................
Assessment Rates
Upon completion of the final results,
Commerce shall determine, and
Customs and Border Protection (CBP)
Weighted- shall assess, antidumping duties on all
average
appropriate entries. If BlueScope’s
dumping
weighted-average dumping margin is
margin
(percent)
above de minimis in the final results of
this review, we will calculate an
importer-specific assessment rate on the
basis of the ratio of the total amount of
dumping calculated for each importer’s
7.96
examined sales and the total entered
Disclosure and Public Comment
We intend to disclose the calculations
performed to parties within five days
after public announcement of the
preliminary results.7 Pursuant to 19 CFR
351.309(c), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice. Rebuttal briefs, limited to issues
raised in the case briefs, may be filed
7 See
19 CFR 351.224(b).
VerDate Sep<11>2014
18:36 Feb 22, 2021
not later than seven days after the date
for filing case briefs.8 Commerce
modified certain of its requirements for
serving documents containing business
proprietary information until further
notice.9 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.10 Case and
rebuttal briefs should be filed using
ACCESS 11 and must be served on
interested parties.12 Executive
summaries should be limited to five
pages total, including footnotes.
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request to
the Assistant Secretary for Enforcement
and Compliance, filed electronically via
ACCESS. Requests should contain: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. An electronically
filed hearing request must be received
successfully in its entirety by
Commerce’s electronic records system,
ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
the issues raised in any written briefs,
not later than 120 days after the date of
publication of this notice, pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(1).
Jkt 253001
8 See 19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID–19, 85 FR 17006, 17007 (March 26, 2020)
(‘‘To provide adequate time for release of case briefs
via ACCESS, E&C intends to schedule the due date
for all rebuttal briefs to be 7 days after case briefs
are filed (while these modifications remain in
effect).’’).
9 See Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020).
10 See 19 CFR 351.309(c)(2) and (d)(2).
11 See generally 19 CFR 351.303.
12 See 19 CFR 351.303(f).
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Sfmt 4703
value of those same sales in accordance
with 19 CFR 351.212(b)(1).13 If
BlueScope’s weighted-average dumping
margin or an importer-specific
assessment rate is zero or de minimis, in
the final results of review, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.14 The final results of this
administrative 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.15
For entries of subject merchandise
during the POR produced by BlueScope
for which it did not know that the
merchandise was destined to 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.16
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication in the Federal Register of
the notice of final results of
administrative review for all shipments
of hot-rolled steel from Australia
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rate for BlueScope will be equal
to the weighted-average dumping
margin established in the final results of
this administrative review; (2) for
merchandise exported by a company not
covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published in the
completed segment for the most recent
period; (3) if the exporter is not a firm
13 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103
(February 14, 2012).
14 Id. at 8102–03; see also 19 CFR 351.106(c)(2).
15 See section 751(a)(2)(C) of the Act.
16 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\23FEN1.SGM
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Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Notices
10925
covered in this review or the original
investigation but the producer is, then
the cash deposit rate will be the rate
established in the completed segment
for the most recent period for the
producer of the merchandise; (4) the
cash deposit rate for all other producers
or exporters will continue to be 29.58
percent, the all-others rate established
in the less-than-fair-value investigation.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
through September 30, 2019. Interested
parties are invited to comment on this
preliminary rescission.
DATES: Applicable February 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Krisha Hill, AD/CVD Operations, Office
IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–4037.
SUPPLEMENTARY INFORMATION:
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/. The signed and electronic versions
of the Preliminary Decision
Memorandum are identical in content.
Notification to Importers
This notice also 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 POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of doubled
antidumping duties.
Background
On December 11, 2019, Commerce
published a notice of initiation of the
2018—2019 administrative review of the
antidumping duty (AD) order on
electrolytic manganese dioxide (EMD)
from the People’s Republic of China
(China) with respect to one company,
Duracell (China) Limited (DCL).1
Commerce subsequently issued an AD
questionnaire, and supplemental
questionnaires, to DCL and received
timely responses thereto. For additional
background, see the Preliminary
Decision Memorandum.2
Preliminary Rescission of the
Antidumping Duty Administrative
Review
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221.
Dated: February 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021–03618 Filed 2–22–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–919]
Electrolytic Manganese Dioxide From
the People’s Republic of China:
Preliminary Rescission of the
Antidumping Duty Administrative
Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is preliminarily rescinding
this administrative review. The period
of review (POR) is October 1, 2018,
AGENCY:
VerDate Sep<11>2014
18:36 Feb 22, 2021
Jkt 253001
Scope of the Order
The merchandise covered by the order
includes all manganese dioxide (MnO2)
that has been manufactured in an
electrolysis process, whether in powder,
chip, or plate form. Excluded from the
scope are natural manganese dioxide
(NMD) and chemical manganese dioxide
(CMD). The merchandise subject to the
order is classified in the Harmonized
Tariff Schedule of the United States
(HTSUS) at subheading 2820.10.00.00.
While the HTSUS subheading is
provided for convenience and customs
purposes, the written description of the
scope of the order is dispositive.
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). For a full
description of the methodology
underlying our decision, see the
Preliminary Decision Memorandum. A
list of the sections in the Preliminary
Decision Memorandum is attached in
the appendix to this notice. The
Preliminary Decision Memorandum is a
public document and is on file
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
67712 (December 11, 2019).
2 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2018–2019
Antidumping Duty Administrative Review of
Electrolytic Manganese Dioxide from the People’s
Republic of China,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
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As discussed in the Preliminary
Decision Memorandum, Commerce
preliminarily finds that DCL, and its
U.S. affiliates, did not sell subject
merchandise to unaffiliated U.S.
customers during the POR and could
not trace the POR entry of EMD, which
was used to manufacture batteries in the
United States, to particular battery sales
to unaffiliated U.S. customers.3
Therefore, we are preliminarily
rescinding this review, in accordance
with 19 CFR 351.213(d)(3).
Public Comment
Interested parties are invited to
comment on the preliminary results of
this review. Pursuant to 19 CFR
351.309(c)(1)(ii), interested parties may
submit case briefs no later than 30 days
after the date of publication of this
notice in the Federal Register. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed no later than
seven days after the deadline for filing
case briefs.4 Parties who submit case or
rebuttal briefs are requested to submit
with each brief: (1) A statement of the
issue, (2) a brief summary of the
argument, and (3) a table of authorities.5
Executive summaries should be limited
to five pages total, including footnotes.6
All submissions, with limited
exceptions, must be filed electronically
using ACCESS.7 Electronically filed
documents must be received
successfully in their entirety by
Commerce’s electronic records system,
ACCESS, by 5 p.m. Eastern Time (ET)
on the due date. Note that Commerce
has temporarily modified certain of its
requirements for serving documents
3 See
Preliminary Decision Memorandum.
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
5 See 19 CFR 351.309(c)(2) and (d)(2).
6 Id.
7 See 19 CFR 351.303.
4 See
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]]>Agencies
[Federal Register Volume 86, Number 34 (Tuesday, February 23, 2021)]
[Notices]
[Pages 10923-10925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03618]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-809]
Certain Hot-Rolled Steel Flat Products From Australia:
Preliminary Results of Antidumping Duty Administrative Review and
Intent To Rescind Review, in Part; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
the producer/exporter subject to this review made sales of subject
merchandise at less than normal value during the period of review
(POR), October 1, 2018, through September 30, 2019. We invite
interested parties to comment on these preliminary results.
DATES: Applicable February 23, 2021.
FOR FURTHER INFORMATION CONTACT: Allison Hollander, AD/CVD Operations,
Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2805.
SUPPLEMENTARY INFORMATION:
Background
On January 17, 2020, Commerce initiated this administrative review
of the antidumping duty order on certain hot-rolled steel flat products
(hot-rolled steel) from Australia in accordance with section 751(a) of
the Tariff Act of 1930, as amended (the Act).\1\ This review covers one
producer/exporter of subject merchandise, the collapsed entity,
BlueScope Steel (AIS) Pty Ltd., BlueScope Steel Ltd., and BlueScope
Steel Distribution Pty Ltd. (collectively, BlueScope). On April 24,
2020, Commerce exercised its discretion to toll all deadlines for
administrative reviews by 50 days, resulting in a revised deadline for
these preliminary results.\2\ On July 21, 2020, Commerce again tolled
all deadlines in administrative reviews by an additional 60 days.\3\
Additionally, Commerce exercised its discretion to extend the deadline
for the preliminary results until February 17, 2021.\4\
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 3014 (January 17, 2020) (Initiation
Notice).
\2\ 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.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\4\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from Australia: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review; 2018-2019,'' dated September
21, 2020.
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Scope of the Order
The products covered by this Order \5\ are certain hot-rolled,
flat-rolled steel products. For a full description of the scope, see
the Preliminary Decision Memorandum.\6\
---------------------------------------------------------------------------
\5\ 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) (Order).
\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Hot Rolled Steel
Flat Products from Australia: 2018-2019,'' dated concurrently with,
and hereby adopted by, this notice (Preliminary Decision
Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a) of the Act. Constructed export price is
[[Page 10924]]
calculated in accordance with section 772 of the Act. Normal value is
calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying these
preliminary results, see the Preliminary Decision Memorandum. The
Preliminary Decision Memorandum is a public document and is made
available to the public 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 is
available at https://enforcement.trade.gov/frn/. A list of the topics
included in the Preliminary Decision Memorandum is included as an
appendix to this notice.
Intent To Rescind Review in Part
In the Initiation Notice, Commerce inadvertently included as
subject to the review a U.S. company, i.e., AJU Steel USA Inc., for
which a review should not have been initiated. As such, Commerce
intends to rescind the review with respect to AJU Steel USA Inc. After
the completion of the final results of review, Commerce intends to
instruct CBP to assess antidumping duties on any suspended entries of
hot-rolled steel from AJU Steel USA Inc. at the rate equal to the cash
deposit rate of estimated antidumping duties required at the time of
entry, or withdrawal from warehouse for consumption.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period October 1, 2018, through September
30, 2019:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
BlueScope Steel (AIS) Pty Ltd, BlueScope Steel Ltd., and 7.96
BlueScope Steel Distribution Pty Ltd.......................
------------------------------------------------------------------------
Disclosure and Public Comment
We intend to disclose the calculations performed to parties within
five days after public announcement of the preliminary results.\7\
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs no later than 30 days after the date of publication of this
notice. Rebuttal briefs, limited to issues raised in the case briefs,
may be filed not later than seven days after the date for filing case
briefs.\8\ Commerce modified certain of its requirements for serving
documents containing business proprietary information until further
notice.\9\ 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.\10\ Case and rebuttal briefs should be filed using ACCESS
\11\ and must be served on interested parties.\12\ Executive summaries
should be limited to five pages total, including footnotes.
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March
26, 2020) (``To provide adequate time for release of case briefs via
ACCESS, E&C intends to schedule the due date for all rebuttal briefs
to be 7 days after case briefs are filed (while these modifications
remain in effect).'').
\9\ See Temporary Rule Modifying AD/CVD Service Requirements Due
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See generally 19 CFR 351.303.
\12\ See 19 CFR 351.303(f).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, filed electronically via
ACCESS. Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. Issues raised in the hearing will be limited to
those raised in the respective case briefs. An electronically filed
hearing request must be received successfully in its entirety by
Commerce's electronic records system, ACCESS, by 5:00 p.m. Eastern Time
within 30 days after the date of publication of this notice.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any written briefs, not later than 120 days after the date of
publication of this notice, pursuant to section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(1).
Assessment Rates
Upon completion of the final results, Commerce shall determine, and
Customs and Border Protection (CBP) shall assess, antidumping duties on
all appropriate entries. If BlueScope's weighted-average dumping margin
is above de minimis in the final results of this review, we will
calculate an importer-specific assessment rate on the basis of the
ratio of the total amount of dumping calculated for each importer's
examined sales and the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\13\ If BlueScope's weighted-
average dumping margin or an importer-specific assessment rate is zero
or de minimis, in the final results of review, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping
duties.\14\ The final results of this administrative 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.\15\
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\13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14,
2012).
\14\ Id. at 8102-03; see also 19 CFR 351.106(c)(2).
\15\ See section 751(a)(2)(C) of the Act.
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For entries of subject merchandise during the POR produced by
BlueScope for which it did not know that the merchandise was destined
to 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.\16\
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\16\ 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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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication in the Federal Register of the notice of final results of
administrative review for all shipments of hot-rolled steel from
Australia entered, or withdrawn from warehouse, for consumption on or
after the date of publication as provided by section 751(a)(2)(C) of
the Act: (1) The cash deposit rate for BlueScope will be equal to the
weighted-average dumping margin established in the final results of
this administrative review; (2) for merchandise exported by a company
not covered in this review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent
period; (3) if the exporter is not a firm
[[Page 10925]]
covered in this review or the original investigation but the producer
is, then the cash deposit rate will be the rate established in the
completed segment for the most recent period for the producer of the
merchandise; (4) the cash deposit rate for all other producers or
exporters will continue to be 29.58 percent, the all-others rate
established in the less-than-fair-value investigation. These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of doubled
antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221.
Dated: February 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021-03618 Filed 2-22-21; 8:45 am]
BILLING CODE 3510-DS-P
