Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate From Ukraine: Final Results of Administrative Review; 2018-2019, 29745-29746 [2021-11673]

Download as PDF Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices The merchandise subject to this investigation is properly classified under subheadings 5402.33.3000 and 5402.33.6000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Appendix II—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of Investigation V. Scope Comments VI. Application of Facts Available and Use of Adverse Inferences VII. All-Others Rate VIII. Discussion of Methodology IX. Currency Conversion X. Recommendation [FR Doc. 2021–11634 Filed 6–2–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–823–808] Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate From Ukraine: Final Results of Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines in this administrative review of the Agreement Suspending the Antidumping Investigation of Certain Cut-to-Length Carbon Steel Plate from Ukraine (Agreement) that signatory Ukrainian producers/exporters Azovstal Iron & Steel Works (Azovstal) and Ilyich Iron and Steel Works (Ilyich), which are subsidiaries of Metinvest Holding LLC (Metinvest), are in compliance with the Agreement and that the Agreement is meeting the statutory requirements under sections 734(b) and (d) of the Tariff Act of 1930, as amended (the Act). The period of review (POR) is November 1, 2018 through October 31, 2019. DATES: Applicable June 3, 2021. FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles, Bilateral Agreements Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–0162 or (202) 482–6230, respectively. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 17:23 Jun 02, 2021 Jkt 253001 Background On March 24, 2021, Commerce published the Preliminary Results of the administrative review of the Agreement.1 The administrative review covers signatory Ukrainian producers/ exporters Azovstal and Ilyich, which are subsidiaries of Metinvest and were individually examined in this review. We invited interested parties to comment on the Preliminary Results. No interested party submitted comments. Hence, these final results are unchanged from the Preliminary Results. Scope of Review For purposes of this Agreement, the products covered are hot-rolled iron and non-alloy steel universal mill plates (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm and of a thickness of not less than 4 mm, not in coils and without patterns in relief), of rectangular shape, neither clad, plated nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances; and certain iron and non-alloy steel flatrolled products not in coils, of rectangular shape, hot-rolled, neither clad, plated, nor coated with metal, whether or not painted, varnished, or coated with plastics or other nonmetallic substances, 4.75 mm or more in thickness and of a width which exceeds 150 mm and measures at least twice the thickness. Included as subject merchandise in the Agreement are flatrolled products of nonrectangular crosssection where such cross-section is achieved subsequent to the rolling process (i.e., products which have been ‘‘worked after rolling’’) for example, products which have been bevelled or rounded at the edges. This merchandise is currently classified in the Harmonized Tariff Schedule of the United States (HTS) under item numbers 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, and 7212.50.0000. Although the HTS subheadings are provided for convenience and customs purposes, the written description of the 1 See Agreement Suspending the Antidumping Investigation of Certain Cut-To-Length Carbon Steel Plate from Ukraine: Preliminary Results of 2018– 2019 Administrative Review, 86 FR 15647 (March 24, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 29745 scope of the Agreement is dispositive. Specifically excluded from subject merchandise within the scope of the Agreement is grade X–70 plate. Final Results of the Administrative Review As a result of this administrative review, we continue to find Azovstal and Ilyich, collectively participating as Metinvest, to be in compliance with the terms of the Agreement during the POR and that the Agreement is meeting the statutory requirements under sections 734(b) and (d) of the Act. Commerce conducted this review in accordance with section 751(a)(1)(C) of the Act, which specifies that Commerce shall ‘‘review the current status of, and compliance with, any agreement by reason of which an investigation was suspended.’’ Section 734(b) provides that Commerce may suspend an investigation if the exporters of the subject merchandise who account for substantially all of the imports of that merchandise agree to revise their prices to eliminate completely any amount by which the normal value (NV) of the merchandise which is the subject of the agreement exceeds the export price (or the constructed export price) of that merchandise. In addition, section 734(d) of the Act requires that Commerce be satisfied that suspension of the investigation is in the public interest and that effective monitoring of the agreement is practicable. Commerce continues to find no evidence of non-compliance by Azovstal and Ilyich 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 continues to find for these final results that the Agreement is meeting the statutory requirements of section 734(b) of the Act. In addition, with regard to the requirements of 734(d) of the Act, Commerce continues to find for these final results that the Agreement is in the public interest and that effective monitoring of the Agreement is practicable. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is E:\FR\FM\03JNN1.SGM 03JNN1 29746 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Notices hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. Notification to Interested Parties Commerce is issuing and publishing these results of review in accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 351.213 and 19 CFR 351.221(b)(5). Dated: May 27, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–11673 Filed 6–2–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that polyester textured yarn from Thailand is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation is October 1, 2019, through September 30, 2020. Interested parties are invited to comment on this preliminary determination. DATES: Applicable June 3, 2021. FOR FURTHER INFORMATION CONTACT: Stephanie Berger, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–2483. SUPPLEMENTARY INFORMATION: Background khammond on DSKJM1Z7X2PROD with NOTICES The Preliminary Scope Decision Memorandum establishes the deadline to submit scope case briefs.7 There will be no further opportunity for comments on scope-related issues. Scope Comments AGENCY: This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce initiated this LTFV investigation on November 17, 2020.1 On April 2, 2021, Commerce postponed the preliminary determination in this 1 See Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Initiation of Less-Than-Fair-Value Investigations, 85 FR 74680 (November 23, 2020) (Initiation Notice). Jkt 253001 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https:// access.trade.gov. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/. The product covered by this investigation is polyester textured yarn from Thailand. For a complete description of the scope of this investigation, see Appendix I. Polyester Textured Yarn From Thailand: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures 17:23 Jun 02, 2021 Notice. See the scope in Appendix I to this notice. Scope of the Investigation [A–549–843] VerDate Sep<11>2014 investigation and the revised deadline is now May 26, 2021.2 In accordance with the Preamble to Commerce’s regulations,4 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of this investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this investigation, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 As discussed in the Preliminary Scope Decision Memorandum, Commerce is preliminarily not modifying the scope language as it appeared in the Initiation 2 See Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and the Socialist Republic of Vietnam: Postponement of Preliminary Determinations in the Less-Than-Fair Value Investigations, 86 FR 17362 (April 2, 2021). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Determination in the Less-ThanFair-Value Investigation of Polyester Textured Yarn from Thailand,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 4 See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 85 FR at 74681. 6 See Memorandum, ‘‘Antidumping Duty Investigations of Polyester Textured Yarn from Indonesia, Malaysia, Thailand, and Vietnam: Preliminary Scope Decision Memorandum,’’ dated concurrently with this notice (Preliminary Scope Decision Memorandum). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Commerce has calculated export prices in accordance with section 772(a) of the Act. Normal value is calculated in accordance with section 773 of the Act. In addition, pursuant to sections 776(a) and (b) of the Act, Commerce has preliminarily relied upon facts otherwise available, with adverse inferences, for Jong Stit Co., Ltd. (Jong Stit). For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. In this investigation, Commerce preliminarily assigned a rate based entirely on facts available to Jong Stit. Therefore, the only rate that is not zero, de minimis or based entirely on facts otherwise available is the rate calculated for Sunflag Thailand Ltd. (Sunflag). Consequently, the rate calculated for Sunflag is also assigned as the rate for all other producers and exporters in Thailand, pursuant to section 735(c)(5)(A) of the Act. Preliminary Determination Commerce preliminarily determines that the following estimated weightedaverage dumping margins exist: 7 Case briefs, other written comments, and rebuttal briefs submitted by in response to this preliminary LTFV determination should not include scope-related issues. See Preliminary Scope Decision Memorandum, and ‘‘Public Comment’’ section of this notice. E:\FR\FM\03JNN1.SGM 03JNN1

Agencies

[Federal Register Volume 86, Number 105 (Thursday, June 3, 2021)]
[Notices]
[Pages 29745-29746]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11673]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-808]


Agreement Suspending the Antidumping Investigation of Certain 
Cut-to-Length Carbon Steel Plate From Ukraine: Final Results of 
Administrative Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines in this 
administrative review of the Agreement Suspending the Antidumping 
Investigation of Certain Cut-to-Length Carbon Steel Plate from Ukraine 
(Agreement) that signatory Ukrainian producers/exporters Azovstal Iron 
& Steel Works (Azovstal) and Ilyich Iron and Steel Works (Ilyich), 
which are subsidiaries of Metinvest Holding LLC (Metinvest), are in 
compliance with the Agreement and that the Agreement is meeting the 
statutory requirements under sections 734(b) and (d) of the Tariff Act 
of 1930, as amended (the Act). The period of review (POR) is November 
1, 2018 through October 31, 2019.

DATES: Applicable June 3, 2021.

FOR FURTHER INFORMATION CONTACT: Sally C. Gannon or Jill Buckles, 
Bilateral Agreements Unit, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-0162 or (202) 
482-6230, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 24, 2021, Commerce published the Preliminary Results of 
the administrative review of the Agreement.\1\ The administrative 
review covers signatory Ukrainian producers/exporters Azovstal and 
Ilyich, which are subsidiaries of Metinvest and were individually 
examined in this review. We invited interested parties to comment on 
the Preliminary Results. No interested party submitted comments. Hence, 
these final results are unchanged from the Preliminary Results.
---------------------------------------------------------------------------

    \1\ See Agreement Suspending the Antidumping Investigation of 
Certain Cut-To-Length Carbon Steel Plate from Ukraine: Preliminary 
Results of 2018-2019 Administrative Review, 86 FR 15647 (March 24, 
2021) (Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
---------------------------------------------------------------------------

Scope of Review

    For purposes of this Agreement, the products covered are hot-rolled 
iron and non-alloy steel universal mill plates (i.e., flat-rolled 
products rolled on four faces or in a closed box pass, of a width 
exceeding 150 mm but not exceeding 1250 mm and of a thickness of not 
less than 4 mm, not in coils and without patterns in relief), of 
rectangular shape, neither clad, plated nor coated with metal, whether 
or not painted, varnished, or coated with plastics or other nonmetallic 
substances; and certain iron and non-alloy steel flat-rolled products 
not in coils, of rectangular shape, hot-rolled, neither clad, plated, 
nor coated with metal, whether or not painted, varnished, or coated 
with plastics or other nonmetallic substances, 4.75 mm or more in 
thickness and of a width which exceeds 150 mm and measures at least 
twice the thickness. Included as subject merchandise in the Agreement 
are flat-rolled products of nonrectangular cross-section where such 
cross-section is achieved subsequent to the rolling process (i.e., 
products which have been ``worked after rolling'') for example, 
products which have been bevelled or rounded at the edges.
    This merchandise is currently classified in the Harmonized Tariff 
Schedule of the United States (HTS) under item numbers 7208.40.3030, 
7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 
7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 
7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 
and 7212.50.0000. Although the HTS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the Agreement is dispositive. Specifically excluded from subject 
merchandise within the scope of the Agreement is grade X-70 plate.

Final Results of the Administrative Review

    As a result of this administrative review, we continue to find 
Azovstal and Ilyich, collectively participating as Metinvest, to be in 
compliance with the terms of the Agreement during the POR and that the 
Agreement is meeting the statutory requirements under sections 734(b) 
and (d) of the Act. Commerce conducted this review in accordance with 
section 751(a)(1)(C) of the Act, which specifies that Commerce shall 
``review the current status of, and compliance with, any agreement by 
reason of which an investigation was suspended.''
    Section 734(b) provides that Commerce may suspend an investigation 
if the exporters of the subject merchandise who account for 
substantially all of the imports of that merchandise agree to revise 
their prices to eliminate completely any amount by which the normal 
value (NV) of the merchandise which is the subject of the agreement 
exceeds the export price (or the constructed export price) of that 
merchandise. In addition, section 734(d) of the Act requires that 
Commerce be satisfied that suspension of the investigation is in the 
public interest and that effective monitoring of the agreement is 
practicable.
    Commerce continues to find no evidence of non-compliance by 
Azovstal and Ilyich 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 continues to 
find for these final results that the Agreement is meeting the 
statutory requirements of section 734(b) of the Act. In addition, with 
regard to the requirements of 734(d) of the Act, Commerce continues to 
find for these final results that the Agreement is in the public 
interest and that effective monitoring of the Agreement is practicable.

Notification Regarding Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to judicial protective order is

[[Page 29746]]

hereby requested. Failure to comply with the regulations and terms of 
an APO is a sanctionable violation.

Notification to Interested Parties

    Commerce is issuing and publishing these results of review in 
accordance with sections 751(a)(l) and 777(i)(l) of the Act and 19 CFR 
351.213 and 19 CFR 351.221(b)(5).

    Dated: May 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-11673 Filed 6-2-21; 8:45 am]
BILLING CODE 3510-DS-P
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