Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium: Amended Final Results of Antidumping Duty Administrative Review; 2018-2019, 21274-21275 [2021-08365]
Download as PDF
<![CDATA[
21274
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
proceedings. Minutes of the Combined
Board and Board Committees Meeting
will be available on FirstNet.gov.
Dated: April 19, 2021.
Janell Smith,
Board Secretary, First Responder Network
Authority.
[FR Doc. 2021–08360 Filed 4–21–21; 8:45 am]
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:
FOR FURTHER INFORMATION CONTACT:
Background
BILLING CODE P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–812]
Certain Carbon and Alloy Steel Cut-toLength Plate From Belgium: Amended
Final Results of Antidumping Duty
Administrative Review; 2018–2019
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is amending the final
results of the administrative review of
the antidumping duty (AD) order on
certain carbon and alloy steel cut-tolength plate (CTL plate) from Belgium to
correct a ministerial error.
DATES: Applicable April 22, 2021.
AGENCY:
On March 24, 2021, Commerce
published the Final Results of the 2018–
2019 administrative review of CTL plate
from Belgium in the Federal Register.1
On March 30, 2021, Nucor Corporation
(the petitioner) alleged the existence of
a ministerial error in Commerce’s Final
Results.2
Legal Framework
A ministerial error, as defined in
section 751(h) of the Tariff Act of 1930,
as amended (the Act), includes ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
type of unintentional error which the
administering authority considers
ministerial.’’ 3 With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate, correct any
ministerial error by amending . . . the
final results of review.’’
Ministerial Error
Commerce committed an inadvertent
error within the meaning of section
751(h) of the Act and 19 CFR 351.224(f)
by incorrectly adding section 232 duties
to U.S. price in the margin program for
Industeel Belgium S.A. (Industeel), one
of the mandatory respondents.
Accordingly, we determine, in
accordance with section 751(h) of the
Act and 19 CFR 351.224(f), that we
made a ministerial error in the Final
Results. Pursuant to 19 CFR 351.224(e),
we are amending the Final Results to
correct this error. This correction results
in a change to Industeel’s weightedaverage dumping margin and also
changes the rate calculated for the nonindividually-examined companies. For a
detailed discussion of the ministerial
error allegation, as well as Commerce’s
analysis, see Ministerial Error
Memorandum.4
Amended 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:
Weightedaverage
dumping
margin
(percent)
Producers/exporters
Industeel Belgium S.A .........................................................................................................................................................................
NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales Europe S.A./NLMK Manage Steel Center S.A./NLMK La Louviere S.A
8.64
12.29
Review-Specific Average Rate Applicable to the Following Companies: 5
Stahlo Stahl Service GmbH & Co. KG ................................................................................................................................................
Tranter Service Centers ......................................................................................................................................................................
10.47
10.47
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
amended 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.
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Belgium: Final Results of
Antidumping Duty Administrative Review; 2018–
2019, 86 FR 15648 (March 24, 2021) (Final Results),
and accompanying Issues and Decision
Memorandum.
2 See Petitioner’s Letter, ‘‘Ministerial Error
Comments,’’ dated March 30, 2021.
3 See 19 CFR 351.224(f).
4 See Memorandum, ‘‘2018–19 Administrative
Review of the Antidumping Duty Order on Certain
Carbon and Alloy Steel Cut-To-Length Plate from
Belgium: Allegation of Ministerial Error in the Final
Results,’’ dated concurrently with this notice
(Ministerial Error Memorandum).
5 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,
‘‘Amended 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 NonReviewed Companies,’’ dated concurrently with
this notice.
Disclosure
We intend to disclose the calculations
performed for these amended final
results in accordance with 19 CFR
351.224(b).
Antidumping Duty Assessment
VerDate Sep<11>2014
19:20 Apr 21, 2021
Jkt 253001
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
E:\FR\FM\22APN1.SGM
22APN1
Federal Register / Vol. 86, No. 76 / Thursday, April 22, 2021 / Notices
For the companies which were not
selected for individual review, we will
assign an assessment rate based on the
simple average 6 of the cash deposit
rates calculated for Industeel and NLMK
Belgium. The amended final results of
this review shall be the basis for the
assessment of antidumping duties on
entries of merchandise covered by the
amended final results of this review and
for future deposits of estimated duties,
where applicable.7
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
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,8
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
retroactively for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after March 24,
2021, 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 amended 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
6 Id.
7 See
section 751(a)(2)(C) of the Act.
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).
8 See
VerDate Sep<11>2014
19:20 Apr 21, 2021
Jkt 253001
21275
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.9 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Dated: April 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Notification to Importers
AGENCY:
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.
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 amended notice is issued and
published in accordance with sections
751(h) and 777(i) of the Act, and 19 CFR
351.224(e).
9 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096, 24098 (May 25, 2017).
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
[FR Doc. 2021–08365 Filed 4–21–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–017]
Passenger Vehicle and Light Truck
Tires From the People’s Republic of
China: Final Results and Partial
Rescission of Countervailing Duty
Administrative Review; 2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
producers/exporters of passenger
vehicle and light truck tires (passenger
tires) from the People’s Republic of
China (China) received countervailable
subsidies during the period of review,
January 1, 2018, through December 31,
2018.
DATES: Applicable April 22, 2021.
FOR FURTHER INFORMATION CONTACT:
Mary Kolberg, 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) 482–1785.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Results of the administrative review in
the Federal Register on December 18,
2020.1 We invited interested parties to
comment on the Preliminary Results.
On January 19, 2021, we received a
case brief and a letter in lieu of a case
brief from Triangle Tyre Co., Ltd.
(Triangle Tyre) and Qingdao Fullrun
Tyre Tech Corp., Ltd. (Fullrun Tyre),
respectively.2 On January 29, 2021, we
received a rebuttal brief from United
Steel, Paper and Forestry, Rubber,
Manufacturing, Energy, Allied
1 See Certain Passenger Vehicle and Light Truck
Tires from the People’s Republic of China:
Preliminary Results of Countervailing Duty
Administrative Review, Rescission in Part, and
Intent to Rescind in Part; 2018, 85 FR 82437
(December 18, 2020) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Triangle Tyre’s Letter, ‘‘Certain Passenger
Vehicle and Light Truck Tires from the People’s
Republic of China: Case Brief of Triangle Tyre Co.,
Ltd.,’’ dated January 19, 2021; see also Fullrun Tyre
Tech’s Letter, ‘‘Passenger Vehicle and Light Truck
Tires from China-Letter in Lieu of Case Brief,’’
dated January 19, 2021.
E:\FR\FM\22APN1.SGM
22APN1
]]>Agencies
[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21274-21275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08365]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-812]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium:
Amended 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) is amending the final
results of the administrative review of the antidumping duty (AD) order
on certain carbon and alloy steel cut-to-length plate (CTL plate) from
Belgium to correct a ministerial error.
DATES: Applicable April 22, 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
On March 24, 2021, Commerce published the Final Results of the
2018-2019 administrative review of CTL plate from Belgium in the
Federal Register.\1\ On March 30, 2021, Nucor Corporation (the
petitioner) alleged the existence of a ministerial error in Commerce's
Final Results.\2\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Belgium: Final Results of Antidumping Duty Administrative Review;
2018-2019, 86 FR 15648 (March 24, 2021) (Final Results), and
accompanying Issues and Decision Memorandum.
\2\ See Petitioner's Letter, ``Ministerial Error Comments,''
dated March 30, 2021.
---------------------------------------------------------------------------
Legal Framework
A ministerial error, as defined in section 751(h) of the Tariff Act
of 1930, as amended (the Act), includes ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type
of unintentional error which the administering authority considers
ministerial.'' \3\ With respect to final results of administrative
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any
comments received and, if appropriate, correct any ministerial error by
amending . . . the final results of review.''
---------------------------------------------------------------------------
\3\ See 19 CFR 351.224(f).
---------------------------------------------------------------------------
Ministerial Error
Commerce committed an inadvertent error within the meaning of
section 751(h) of the Act and 19 CFR 351.224(f) by incorrectly adding
section 232 duties to U.S. price in the margin program for Industeel
Belgium S.A. (Industeel), one of the mandatory respondents.
Accordingly, we determine, in accordance with section 751(h) of the Act
and 19 CFR 351.224(f), that we made a ministerial error in the Final
Results. Pursuant to 19 CFR 351.224(e), we are amending the Final
Results to correct this error. This correction results in a change to
Industeel's weighted-average dumping margin and also changes the rate
calculated for the non-individually-examined companies. For a detailed
discussion of the ministerial error allegation, as well as Commerce's
analysis, see Ministerial Error Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``2018-19 Administrative Review of the
Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-To-
Length Plate from Belgium: Allegation of Ministerial Error in the
Final Results,'' dated concurrently with this notice (Ministerial
Error Memorandum).
---------------------------------------------------------------------------
Amended 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:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping margin
(percent)
------------------------------------------------------------------------
Industeel Belgium S.A................................... 8.64
NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales 12.29
Europe S.A./NLMK Manage Steel Center S.A./NLMK La
Louviere S.A...........................................
------------------------------------------------------------------------
Review-Specific Average Rate Applicable to the Following Companies: \5\
------------------------------------------------------------------------
Stahlo Stahl Service GmbH & Co. KG...................... 10.47
Tranter Service Centers................................. 10.47
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed for these amended
final results in accordance with 19 CFR 351.224(b).
---------------------------------------------------------------------------
\5\ 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,
``Amended 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 concurrently with this notice.
---------------------------------------------------------------------------
Antidumping Duty Assessment
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 amended 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.
[[Page 21275]]
For the companies which were not selected for individual review, we
will assign an assessment rate based on the simple average \6\ of the
cash deposit rates calculated for Industeel and NLMK Belgium. The
amended final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the amended final results of this review and for future deposits of
estimated duties, where applicable.\7\
---------------------------------------------------------------------------
\6\ Id.
\7\ 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 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,\8\ 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).
---------------------------------------------------------------------------
\8\ 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
retroactively for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after March 24, 2021,
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 amended 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.\9\ These deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\9\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096, 24098 (May 25, 2017).
---------------------------------------------------------------------------
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.
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 amended notice is issued and published in accordance with
sections 751(h) and 777(i) of the Act, and 19 CFR 351.224(e).
Dated: April 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-08365 Filed 4-21-21; 8:45 am]
BILLING CODE 3510-DS-P
