Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Final Results of Antidumping Duty Administrative Review; 2018-2019, 15648-15650 [2021-06067]
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15648
Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
proprietary memorandum.5 After
reviewing the information submitted in
its initial and supplemental
questionnaire responses, we
preliminarily find Azovstal and Ilyich,
collectively participating as Metinvest,
to be in compliance with the terms of
the Agreement during the POR. A
review of the information submitted
demonstrates that, pursuant to sections
D(1) and D(2) of the Agreement,
Metinvest reported to Commerce the
sales and data required by the
Agreement for calculation of the NVs.
Therefore, Commerce preliminary finds
Metinvest to be in compliance with the
monitoring sections D(1) and D(2) of the
Agreement and that the Agreement
continues to meet the statutory
requirement, pursuant to section
734(d)(2) of the Act of being able to be
effectively monitored.
Metinvest, in its initial questionnaire
response, describes how it ensures
compliance with the Agreement’s
pricing terms and the relevant NV
period in making sales directly to
unaffiliated U.S. customers and in
arranging shipment to the United
States.6 A review of the information in
the initial and supplemental
questionnaire responses finds no
evidence of non-compliance by
Metinvest with respect to ensuring that
subject merchandise is sold in the
United States at prices that are at or
above the applicable NV determined by
Commerce. Therefore, Commerce
preliminarily finds that the Agreement
is continuing to meet the statutory
requirements section of section 734(b) of
the Act.
With regard to the requirements of
734(d) of the Act, Commerce
preliminarily finds that the Agreement
continues to be in the public interest
and that effective monitoring of the
Agreement continues to be practicable.
As Commerce preliminarily finds no
evidence during the POR that Metinvest
made sales of subject merchandise
below the applicable NV, Commerce
preliminarily finds that the Agreement
continues to benefit U.S. producers by
ensuring that imports of the subject
merchandise are fairly traded and are
not, therefore, negatively impacting the
competitiveness of the domestic
industry. Moreover, as Commerce
preliminarily finds no evidence of non5 See Memorandum, ‘‘2018–2019 Administrative
Review of the Agreement Suspending the
Antidumping Investigation of Certain Cut-to-Length
Carbon Steel Plate from Ukraine: Preliminary
Analysis Proprietary Memorandum,’’ dated
concurrently with and adopted by this notice.
6 See Metinvest’s Letter, ‘‘Sections A, B, and C
Initial Questionnaire Response,’’ dated March 5,
2020 at 19.
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16:30 Mar 23, 2021
Jkt 253001
compliance by Metinvest with the
Agreement’s extensive information
reporting requirements, Commerce
preliminarily finds that effective
monitoring of the Agreement continues
to be practicable. In addition, in the
context of this administrative review, no
party has alleged that the Agreement is
no longer in the public interest or that
the Agreement can no longer be
effectively monitored. Accordingly, and
in light of our preliminary finding that
the respondents are in compliance with
the statutory requirements of the
Agreement, we preliminarily find that
the Agreement continues to meet the
criteria of sections 734(b) and (d) of the
Act.
Public Comment
Pursuant to 19 CFR 351.309(c)(1)(ii),
interested parties may submit case briefs
not 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.7 Parties who submit case briefs or
rebuttal briefs in this proceeding are
encouraged to provide: (1) A statement
of the issue; (2) a brief summary of the
argument; and (3) a table of authorities.8
All briefs must be filed electronically
using ACCESS. An electronically filed
document must be received successfully
in its entirety by the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.9
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing must submit a written request
filed electronically via ACCESS within
30 days after the date of publication of
this notice. 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. If a request for a
hearing is made, parties will be notified
of the time and date for the hearing.10
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
7 See 19 CFR 351.309(d); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
8 See 19 CFR 351.309(c)(2) and (d)(2).
9 See Temporary Rule.
10 See 19 CFR 351.310(c).
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publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
These preliminary results of review
are being issued and published in
accordance with sections 751(a)(l) and
777(i)(l) of the Act and 19 CFR 351.213.
Dated: March 18, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2021–06061 Filed 3–23–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–812]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Belgium: Final
Results of Antidumping Duty
Administrative Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that the
producers and/or exporters subject to
this administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR),
May 1, 2018, through April 30, 2019.
DATES: Applicable March 24, 2021.
FOR FURTHER INFORMATION CONTACT: Alex
Wood, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1959.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
This review covers four producers
and/or exporters of the subject
merchandise. Commerce selected two
companies, Industeel Belgium S.A.
(Industeel) and NLMK Clabecq S.A./
NLMK Plate Sales S.A./NLMK Sales
Europe S.A./NLMK Manage Steel Center
S.A./NLMK La Louviere S.A.
(collectively, NLMK Belgium), for
individual examination. The producers
and/or exporters not selected for
individual examination are listed in the
‘‘Final Results of the Review’’ section of
this notice.
On July 24, 2020, Commerce
published the Preliminary Results.1 In
September 2020, certain petitioners,2
1 See Certain Carbon and Alloy Steel Cut-toLength Plate from Belgium: Preliminary Results of
Antidumping Duty Administrative Review; 2018–
2019, 85 FR 44854 (July 24, 2020) (Preliminary
Results).
2 This company is Nucor Corporation.
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices
Industeel, and NLMK Belgium
submitted case and rebuttal briefs.3 For
a description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.4 On
July 21, 2020, Commerce tolled all
deadlines in administrative reviews by
an additional 60 days.5 On December
30, 2020, we extended the deadline for
the final results by 60 days, until March
18, 2021.6 The deadline for the final
results of this review is now March 18,
2021.
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
khammond on DSKJM1Z7X2PROD with NOTICES
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 Belgium.
Products subject to the order are
currently classified in the Harmonized
Tariff Schedule on 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
3 See Petitioner’s Case Brief, ‘‘Certain Carbon and
Alloy Steel Cut-to-Length Plate from Belgium:
Nucor’s Case Brief,’’ dated September 8, 2020;
Industeel’s Case Brief, ‘‘Antidumping Duty
Administrative Review of Carbon and Alloy Steel
Cut-To-Length Plate from Belgium: Industeel’s Case
Brief,’’ dated September 8, 2020; NLMK Belgium’s
Case Brief, ‘‘Certain Carbon and Alloy Cut-toLength Plate from Belgium: Case Brief,’’ dated
September 8, 2020, Petitioner’s Rebuttal Brief,
‘‘Certain Carbon and Alloy Steel Cut-to-Length Plate
from Belgium: Nucor’s Rebuttal Brief,’’ dated
September 15, 2020; Industeel’s Rebuttal Brief,
‘‘Antidumping Duty Administrative Review of
Carbon and Alloy Steel Cut-To-Length Plate from
Belgium: Industeel Rebuttal Brief,’’ dated
September 15, 2020; and NLMK Belgium’s Rebuttal
Brief, ‘‘Certain Carbon and Alloy Cut-to-Length
Plate from Belgium: Rebuttal Brief,’’ dated
September 15, 2020.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2018–
2019 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel CutTo-Length Plate from Belgium,’’ dated concurrently
with these results (Issues and Decision
Memorandum), which is hereby adopted by this
notice.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
Because the Preliminary Results published on July
24, 2020, three days after this tolling memorandum,
the deadline for these final results was tolled by 57
days.
6 See Memorandum, ‘‘Certain Carbon and Alloy
Steel Cut-To-Length Plate from Belgium; 2018–2019
Administrative Review: Extension of Deadline for
Final Results,’’ dated December 20, 2020.
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16:30 Mar 23, 2021
Jkt 253001
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.7
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum.8
Interested parties can find a complete
discussion of these issues and the
corresponding recommendations in this
public memorandum, which 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/.
Producers/exporters
15649
Weightedaverage
dumping
margin
(percent)
Review-Specific Average Rate Applicable
to the Following Companies 10
Stahlo Stahl Service GmbH &
Co. KG ....................................
Tranter Service Centers .............
8.43
8.43
Disclosure
We intend to disclose the calculations
performed within five days of the date
of publication of this notice, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
Changes Since the Preliminary Results
Pursuant to 19 CFR 351.212(b)(1),
where
Industeel and NLMK Belgium
Based on a review of the record and
reported the entered value of their U.S.
comments received from interested
sales, we calculated importer-specific
parties regarding our Preliminary
Results, we made certain changes to the ad valorem duty assessment rates based
on the ratio of the total amount of
preliminary weighted-average margin
dumping calculated for the examined
calculations for Industeel and for those
sales to the total entered value of the
companies not selected for individual
sales for which entered value was
review.9
reported. Where the respondents did not
Final Results of the Review
report entered value, we calculated the
entered value in order to calculate the
We are assigning the following
assessment rate. Where either the
weighted-average dumping margins to
respondent’s weighted-average dumping
the firms listed below for the period
margin is zero or de minimis within the
May 1, 2018 through April 30, 2019:
meaning of 19 CFR 351.106(c)(1), or an
importer-specific rate is zero or de
Weighted- minimis, we will instruct CBP to
average
liquidate the appropriate entries
Producers/exporters
dumping
without regard to antidumping duties.
margin
(percent)
For the companies which were not
selected for individual review, we will
Industeel Belgium S.A ................
4.57 assign an assessment rate based on the
NLMK Clabecq S.A./NLMK Plate
simple average 11 of the cash deposit
Sales S.A./NLMK Sales Eurates calculated for Industeel and NLMK
rope S.A./NLMK Manage Steel
Belgium. The final results of this review
Center S.A./NLMK La
Louviere S.A ...........................
12.29 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
7 For a full description of the scope of the order,
estimated duties, where applicable.12
see Issues and Decision Memorandum.
8 Id.
Commerce’s ‘‘automatic assessment’’
9 See accompanying Issues and Decision
will apply to entries of subject
Memorandum.
merchandise during the POR produced
10 This rate is based on the simple average of the
by companies included in these final
rates for the respondents that were selected for
results of review for which the reviewed
individual review, excluding rates that are zero, de
companies did not know that the
minimis, or based entirely on facts available. See
section 735(c)(5)(A) of the Act. See Memorandum,
merchandise they sold to the
‘‘Final Results of the Antidumping Administrative
intermediary (e.g., a reseller, trading
Review of Certain Carbon and Alloy Steel Cut-ToLength Plate from Belgium: Calculation of the Cash
Deposit Rate for Non-Reviewed Companies,’’ dated
March 18, 2021.
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11 Id.
12 See
E:\FR\FM\24MRN1.SGM
section 751(a)(2)(C) of the Act.
24MRN1
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Federal Register / Vol. 86, No. 55 / Wednesday, March 24, 2021 / Notices
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.
Consistent with its recent notice,13
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
khammond on DSKJM1Z7X2PROD with NOTICES
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for each specific
company listed above will be that
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
previously investigated companies not
participating in this review, the cash
deposit 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, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recent
segment for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 5.40
percent, the all-others rate established
in the LTFV investigation.14 These
deposit requirements, when imposed,
13 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 884 (January 15,
2021).
14 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).
VerDate Sep<11>2014
16:30 Mar 23, 2021
Jkt 253001
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final 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 the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
This notice is being issued and
published in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.213.
Dated: March 18, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of Issues
Comments Pertaining to Industeel
Comment 1: Offset for Section 232
Liabilities
Comment 2: Payments Related to Section
232 Liabilities
Comment 3: Application of Adverse Facts
Available to U.S. Inland Freight
Comments Pertaining to NLMK Belgium
Comment 4: Constructed Export Price
Offset
Comment 5: Affiliated Party Major Input
Adjustment
VI. Recommendation
[FR Doc. 2021–06067 Filed 3–23–21; 8:45 am]
BILLING CODE 3510–DS–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA957]
Endangered and Threatened Species;
Announcement of a Recovery Planning
Workshop To Inform Recovery
Planning for 15 ESA Listed IndoPacific Coral Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
On September 10, 2014, we,
NMFS, listed 15 Indo-Pacific coral
species as threatened under the
Endangered Species Act (ESA). We are
convening a workshop to solicit facts
and information from experts to help
identify and guide recovery needs for
these species under section 4(f) of the
ESA. We will not be asking for a
consensus recommendation on how to
recover these species. This workshop
will be open to the public.
DATES: Workshop dates and
information: We will hold the recovery
planning workshop for these coral
species virtually over the course of four
three-hour sessions in May 2021. To
accommodate participants from
different time zones, we will duplicate
each session, as follows:
• Week 1—Session I: Recovery
Introduction
Æ Option A: Wednesday May 5, 8–11
a.m. Hawaii Standard Time (HST);
Æ Option B: Thursday May 6, 2–5
p.m. HST.
• Week 2—Session II: Recovery
Approaches
Æ Option A: Wednesday May 12, 8–
11 a.m. HST;
Æ Option B: Thursday May 13, 2–5
p.m. HST.
• Week 3—Session III: Recovery Criteria
Æ Option A: Wednesday May 19, 8–
11 a.m. HST;
Æ Option B: Thursday May 20, 2–5
p.m. HST.
• Week 4—Session IV: Recovery
Actions
Æ Option A: Wednesday May 26, 8–
11 a.m. HST;
Æ Option B: Thursday May 27, 2–5
p.m. HST.
RSVP date: If you plan to attend the
workshop as an interested member of
the public, please contact Danielle
Jayewardene, NMFS Pacific Islands
Regional Office (PIRO) Protected
Resources Division,
danielle.jayewardene@noaa.gov, 808–
725–5143 no later than April 21, 2021.
SUMMARY:
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Agencies
[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15648-15650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06067]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-812]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium:
Final Results of Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the
producers and/or exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR), May 1, 2018, through April 30, 2019.
DATES: Applicable March 24, 2021.
FOR FURTHER INFORMATION CONTACT: Alex Wood, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-1959.
SUPPLEMENTARY INFORMATION:
Background
This review covers four producers and/or exporters of the subject
merchandise. Commerce selected two companies, Industeel Belgium S.A.
(Industeel) and NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales
Europe S.A./NLMK Manage Steel Center S.A./NLMK La Louviere S.A.
(collectively, NLMK Belgium), for individual examination. The producers
and/or exporters not selected for individual examination are listed in
the ``Final Results of the Review'' section of this notice.
On July 24, 2020, Commerce published the Preliminary Results.\1\ In
September 2020, certain petitioners,\2\
[[Page 15649]]
Industeel, and NLMK Belgium submitted case and rebuttal briefs.\3\ For
a description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\ On July 21, 2020,
Commerce tolled all deadlines in administrative reviews by an
additional 60 days.\5\ On December 30, 2020, we extended the deadline
for the final results by 60 days, until March 18, 2021.\6\ The deadline
for the final results of this review is now March 18, 2021.
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
Belgium: Preliminary Results of Antidumping Duty Administrative
Review; 2018-2019, 85 FR 44854 (July 24, 2020) (Preliminary
Results).
\2\ This company is Nucor Corporation.
\3\ See Petitioner's Case Brief, ``Certain Carbon and Alloy
Steel Cut-to-Length Plate from Belgium: Nucor's Case Brief,'' dated
September 8, 2020; Industeel's Case Brief, ``Antidumping Duty
Administrative Review of Carbon and Alloy Steel Cut-To-Length Plate
from Belgium: Industeel's Case Brief,'' dated September 8, 2020;
NLMK Belgium's Case Brief, ``Certain Carbon and Alloy Cut-to-Length
Plate from Belgium: Case Brief,'' dated September 8, 2020,
Petitioner's Rebuttal Brief, ``Certain Carbon and Alloy Steel Cut-
to-Length Plate from Belgium: Nucor's Rebuttal Brief,'' dated
September 15, 2020; Industeel's Rebuttal Brief, ``Antidumping Duty
Administrative Review of Carbon and Alloy Steel Cut-To-Length Plate
from Belgium: Industeel Rebuttal Brief,'' dated September 15, 2020;
and NLMK Belgium's Rebuttal Brief, ``Certain Carbon and Alloy Cut-
to-Length Plate from Belgium: Rebuttal Brief,'' dated September 15,
2020.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2018-2019 Administrative Review of the
Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-To-
Length Plate from Belgium,'' dated concurrently with these results
(Issues and Decision Memorandum), which is hereby adopted by this
notice.
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
Because the Preliminary Results published on July 24, 2020, three
days after this tolling memorandum, the deadline for these final
results was tolled by 57 days.
\6\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-To-
Length Plate from Belgium; 2018-2019 Administrative Review:
Extension of Deadline for Final Results,'' dated December 20, 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 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 Belgium. Products subject to the order are currently
classified in the Harmonized Tariff Schedule on 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.\7\
---------------------------------------------------------------------------
\7\ For a full description of the scope of the order, see Issues
and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum.\8\ Interested parties can find a complete discussion of
these issues and the corresponding recommendations in this public
memorandum, which 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/.
---------------------------------------------------------------------------
\8\ Id.
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
Industeel and for those companies not selected for individual
review.\9\
---------------------------------------------------------------------------
\9\ See accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period May 1, 2018 through April 30,
2019:
---------------------------------------------------------------------------
\10\ This rate is based on the simple average of 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. See Memorandum,
``Final Results of the Antidumping Administrative Review of Certain
Carbon and Alloy Steel Cut-To-Length Plate from Belgium: Calculation
of the Cash Deposit Rate for Non-Reviewed Companies,'' dated March
18, 2021.
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Industeel Belgium S.A....................................... 4.57
NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales Europe 12.29
S.A./NLMK Manage Steel Center S.A./NLMK La Louviere S.A....
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies \10\
------------------------------------------------------------------------
Stahlo Stahl Service GmbH & Co. KG.......................... 8.43
Tranter Service Centers..................................... 8.43
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed within five days
of the date of publication of this notice, in accordance with 19 CFR
351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
Pursuant to 19 CFR 351.212(b)(1), where Industeel and NLMK Belgium
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
the respondents did not report entered value, we calculated the entered
value in order to calculate the assessment rate. Where either the
respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
For the companies which were not selected for individual review, we
will assign an assessment rate based on the simple average \11\ of the
cash deposit rates calculated for Industeel and NLMK Belgium. 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.\12\
---------------------------------------------------------------------------
\11\ Id.
\12\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Commerce's ``automatic assessment'' 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
[[Page 15650]]
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.
Consistent with its recent notice,\13\ 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).
---------------------------------------------------------------------------
\13\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 884 (January
15, 2021).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be that 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 previously
investigated companies not participating in this review, the cash
deposit 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, or the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recent segment
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 5.40
percent, the all-others rate established in the LTFV investigation.\14\
These deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\14\ 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).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is being issued and published in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213.
Dated: March 18, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of Issues
Comments Pertaining to Industeel
Comment 1: Offset for Section 232 Liabilities
Comment 2: Payments Related to Section 232 Liabilities
Comment 3: Application of Adverse Facts Available to U.S. Inland
Freight
Comments Pertaining to NLMK Belgium
Comment 4: Constructed Export Price Offset
Comment 5: Affiliated Party Major Input Adjustment
VI. Recommendation
[FR Doc. 2021-06067 Filed 3-23-21; 8:45 am]
BILLING CODE 3510-DS-P