Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020, 41953-41956 [2021-16624]
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lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
Cash Deposit Requirements
The following 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withdrawn from warehouse, for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 POSCO will be
equal to POSCO’s weighted-average
dumping margin 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 in which the company
participated; (3) if the exporter is not a
firm covered in this review, or the
underlying investigation, but the
producer is, then the cash deposit rate
will be the rate established for the
completed segment for the most recent
POR for the producer of the
merchandise; and (4) the cash deposit
rate for all other producers or exporters
will continue to be 41.10 percent, the
all-others rate established in the
underlying investigation.13 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
parties.17 Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information, until further notice.18
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. An electronically-filed request
for a hearing must be received
successfully in its entirety by ACCESS
by 5 p.m. Eastern Time within 30 days
after the date of publication of this
notice.19 Hearing 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 issues raised
in the briefs. If a request for a hearing
is made, Commerce intends to hold the
hearing at a date and time to be
determined.20
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice in
accordance with 19 CFR 351.224(b).
Interested parties may submit case
briefs no later than 30 days after the
date of publication of this notice.14
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed not later
than seven days after the time limit for
filing case briefs.15 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.16 Executive summaries
should be limited to five pages total,
including footnotes. Case and rebuttal
briefs should be filed using ACCESS
and must be served on interested
Notification to Importers
13 See
Order, 81 FR at 23419.
19 CFR 351.309(c)(1)(ii); see also 19 CFR
351.303 (for general filing requirements).
15 See 19 CFR 351.309(d)(1).
16 See 19 CFR 351.309(c)(2) and (d)(2).
14 See
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Final Results of Review
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the publication
of these preliminary results in the
Federal Register pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1), unless otherwise
extended.21
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f) to file a certificate regarding
the reimbursement of antidumping
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
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(b)(4).
17 See
19 CFR 351.303.
Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
19 See 19 CFR 351.310(c); see also 19 CFR
351.303(b)(1).
20 See 19 CFR 351.310(c).
21 See section 751(a)(3)(A) of the Act.
18 See
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Dated: July 29, 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. Comparisons to Normal Value
V. Date of Sale
VI. Constructed Export Price
VII. Normal Value
VIII. Currency Conversion
IX. Recommendation
[FR Doc. 2021–16622 Filed 8–3–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Preliminary
Results of Antidumping Duty
Administrative Review and Preliminary
Determination of No Shipments; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that the producers/exporters subject to
this administrative review made sales of
subject merchandise at less than normal
value (NV) during the period of review
(POR) May 1, 2019, through April 30,
2020. Additionally, Commerce
preliminarily determines that a
company for which we initiated a
review had no shipments during the
POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or David Crespo, 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) 482–4682 or (202) 482–3693,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2020, based on timely
requests for review in accordance with
19 CFR 351.221(c)(1)(i), we initiated an
administrative review of the
antidumping duty order on certain
carbon and alloy steel cut-to-length
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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
plate (CTL plate) from Italy.1 This
review covers ten producers and/or
exporters of the subject merchandise.
Commerce selected two companies,
NLMK Verona SpA (NVR) and Officine
Tecnosider s.r.l. (OTS), for individual
examination. The producers and/or
exporters not selected for individual
examination are listed in the
‘‘Preliminary Results of the Review’’
section of this notice.
On July 21, 2020, Commerce tolled
preliminary and final results deadlines
in administrative reviews by 60 days,
thereby extending the deadline for these
results until April 1, 2021.2 On March
10, 2021, Commerce extended the
preliminary results of this review by 120
days, until July 30, 2021.3 For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.4
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 Italy. Products
subject to the order are currently
classified in the Harmonized Tariff
Schedule of 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.5
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). Export price and
constructed export price are calculated
in accordance with section 772 of the
Act. NV is calculated in accordance
with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. 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/. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix to this notice.
Preliminary Determination of No
Shipments
One company under review, Lyman
Steel Company (Lyman), filed a
statement reporting that it made no
shipments of subject merchandise to the
United States during the POR.6 We were
able to confirm Lyman’s claim with U.S.
Customs and Border Protection (CBP).7
Consequently, we preliminarily
determine that Lyman had no shipments
during the POR. Consistent with our
practice, we find that it is not
appropriate to preliminarily rescind the
review with respect to this company,
and we will instead complete the review
for this company and issue appropriate
instructions to CBP based on the final
results of this review.8
Preliminary Results of the Review
We preliminarily determine that the
following weighted-average dumping
margins exist for the respondents for the
period May 1, 2019, through April 30,
2020:
Weightedaverage
dumping
margin
(percent)
Exporters/producers
NLMK Verona SpA ......................................................................................................................................................................
Officine Tecnosider s.r.l ...............................................................................................................................................................
Arvedi Tubi Acciaio ......................................................................................................................................................................
C.M.T. Construzioni Meccaniche di Taglione Emilio & C. S.a.s .................................................................................................
MAM s.r.1 ....................................................................................................................................................................................
O.ME.P SpA ................................................................................................................................................................................
Ofar SpA ......................................................................................................................................................................................
Sesa SpA .....................................................................................................................................................................................
Tim-Cop Doo Temerin .................................................................................................................................................................
Rate for Non-Examined Companies
lotter on DSK11XQN23PROD with NOTICES1
The Act and Commerce’s regulations
do not address the establishment of a
weighted-average dumping margin to be
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
41540 (July 10, 2020).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
3 See Memorandum, ‘‘Carbon and Alloy Steel Cutto-Length Plate from Italy: Extension of Deadline for
Preliminary Results of 2019–2020 Antidumping
Duty Administrative Review,’’ dated March 10,
2021.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2019–2020
Administrative Review of the Antidumping Duty
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1.37
1.31
1.31
1.31
1.31
1.31
1.31
1.31
applied to companies not selected for
individual examination when
Commerce limits its examination in an
administrative review pursuant to
section 777A(c)(2) of the Act. Generally,
Commerce looks to section 735(c)(5) of
the Act, which provides instructions for
calculating the all-others rate in a lessthan-fair-value investigation, for
guidance when calculating the
Order on Certain Carbon and Alloy Steel Cut-ToLength Plate from Italy,’’ dated concurrently with,
and hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 For a full description of the scope of the order,
see Preliminary Decision Memorandum.
6 See Lyman’s Letter ‘‘Certain Carbon and Alloy
Steel Cut-to-Length Plate from Italy; Lyman Steel
Company’s Certification of No Sales, Shipments, or
Entries,’’ dated August 7, 2020.
7 See Memorandum, ‘‘Certain Carbon and Alloy
Steel Cut-to-Length Plate from Italy (A–475–834),’’
dated August 20, 2020.
8 See, e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306
(August 28, 2014).
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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
weighted-average dumping margin for
companies which were not selected for
individual examination in an
administrative review. Under section
735(c)(5)(A) of the Act, the all-others
rate is normally an amount equal to the
weighted average of the estimated
weighted-average dumping margins
established for exporters and producers
individually investigated, excluding
rates that are zero, de minimis (i.e., less
than 0.5 percent), or determined entirely
on the basis of facts available.
Consistent with section 735(c)(5)(A)
of the Act, we determined the weightedaverage dumping margin for each of the
non-selected companies by using the
weighted-average dumping margins
calculated for NVR and OTS in this
administrative review.
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.9
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.10
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the time limit for
filing case briefs.11 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.12 Case and rebuttal briefs
should be filed using ACCESS.13
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, U.S. Department of
Commerce, filed electronically via
ACCESS within 30 days after the date of
publication of this notice.14 Hearing
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
issues raised in the briefs. If a request
for a hearing is made, Commerce
intends to hold the hearing at a date and
time to be determined.15 Parties should
confirm the date, time, and location of
lotter on DSK11XQN23PROD with NOTICES1
9 See
19 CFR 351.224(b).
19 CFR 351.309(c).
11 Commerce is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
12 See 19 CFR 351.309(c)(2) and (d)(2).
13 See 19 CFR 351.303.
14 See 19 CFR 351.310(c).
15 See 19 CFR 351.310(d).
10 See
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the hearing two days before the
scheduled date.
An electronically-filed document
must be received successfully in its
entirety by ACCESS by 5:00 p.m.
Eastern Time on the established
deadline. Note that Commerce has
temporarily modified certain of its
requirements for serving documents
containing business proprietary
information.16
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, not
later than 120 days after the date of
publication of this notice, unless
otherwise extended.17
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries.18
Pursuant to 19 CFR 351.212(b)(1),
where the respondent 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
respondent did not report entered value
or reported amounts based on estimated
sales data, 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 that were not
selected for individual review, we will
assign an assessment rate based on the
average of the cash deposit rates
calculated for NVR and OTS, excluding
any rates that are zero, de minimis, or
determined entirely based on adverse
facts available. 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.
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
16 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
17 See Section 751(a)(3)(A) of the Act.
18 See 19 CFR 351.212(b).
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41955
by companies included in the final
results of this 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.19
Further, if we continue to find, in the
final results, that Lyman had no
shipments of subject merchandise
during the POR, we will instruct CBP to
liquidate any suspended entries that
entered under their AD case number
(i.e., at that exporter’s rate) or at the allothers rate, if there is no rate for the
intermediate company(ies) involved in
the transaction.
Consistent with its recent notice,20
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 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 the exporters listed
above will be equal to the weightedaverage dumping margin 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 companies not participating
in this review, the cash deposit rate will
continue to be the company-specific
cash deposit rate published for the most
recently completed segment; (3) if the
exporter is not a firm covered in this
review or the original less-than-fair19 For a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
20 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Notices
value (LTFV) investigation, but the
producer is, then the cash deposit rate
will be the cash deposit rate established
for the most recently completed segment
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be 6.08 percent, the all-others rate
established in the LTFV investigation.21
These deposit requirements, when
imposed, shall remain in effect until
further notice.
International Trade Administration
[A–122–863]
Large Diameter Welded Pipe From
Canada: Preliminary Results of
Antidumping Duty Administrative
Review and Preliminary Determination
of No Shipments; 2018–2020
Dated: July 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty order on large
diameter welded pipe (welded pipe)
from Canada. The period of review
(POR) is August 27, 2018, through April
30, 2020. The review covers forty-one
producers or exporters of the subject
merchandise. We preliminarily
determine that sales of subject
merchandise were made at prices below
normal value (NV) during the POR.
Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Joseph Dowling, AD/CVD Operations,
Office VIII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
(202) 482–1646.
SUPPLEMENTARY INFORMATION:
Appendix
Background
List of Topics Discussed in the Preliminary
Decision Memorandum
On May 2, 2019, Commerce published
the antidumping duty order on welded
pipe from Canada.1 On July 10, 2020, in
accordance with 19 CFR 351.221(c)(i),
Commerce initiated an administrative
review of the Order, covering 41
producers or exporters of the subject
merchandise.2 On August 5, 2020, we
selected Evraz Inc. NA 3 as the sole
mandatory respondent for this
administrative review.4 On July 22,
Notification to Importers
This notice 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
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No
Shipments
V. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021–16624 Filed 8–3–21; 8:45 am]
BILLING CODE 3510–DS–P
lotter on DSK11XQN23PROD with NOTICES1
DEPARTMENT OF COMMERCE
21 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).
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Jkt 253001
AGENCY:
1 See Large Diameter Welded Pipe from Canada:
Antidumping Duty Order, 84 FR 18775 (May 2,
2019) (Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
41540 (July 10, 2020) (Initiation Notice).
3 In the underlying less-than-fair-value (LTFV)
investigation, Commerce determined that Evraz Inc.
NA, Evraz Inc. NA Canada, and the Canadian
National Steel Corporation (collectively, Evraz)
comprise a single entity. See Large Diameter
Welded Pipe from Canada: Antidumping Duty
Order, 84 FR 18775 (May 2, 2019) (Order). There
is no information on this record of this review that
requires reconsideration of this single entity
determination.
4 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Large Diameter Welded
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2020, Commerce tolled all deadlines in
administrative reviews by 60 days.5
Pursuant to section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
Commerce determined that it was not
practicable to complete the preliminary
results of this review within 245 days
and extended the deadline for the
preliminary results of this review by 120
days, until July 30, 2021.6
For a detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.7 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 on the internet at https://
enforcement.trade.gov/frn/.
Scope of the Order
The product covered by this Order is
welded pipe from Canada. For a full
description of the scope, see the
Preliminary Decision Memorandum.
Preliminary Determination of No
Shipments
One producer and/or exporter under
review, Canam (St Gedeon) (Canam),
properly filed a certification reporting
that it made no shipments of subject
merchandise during the POR.8 We
received no information from CBP that
contradicted Canam’s no-shipment
Pipe from Canada, 2018–2020—Respondent
Selection,’’ dated August 5, 2020.
5 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 22, 2020.
6 See Memorandum, ‘‘Large Diameter Welded
Pipe from Canada: Extension of Deadline for
Preliminary Results of 1st Antidumping Duty
Administrative Review,’’ dated March 10, 2021; see
also Memorandum, ‘‘Large Diameter Welded Pipe
from Canada: Extension of Deadline for Preliminary
Results of 1st Antidumping Duty Administrative
Review,’’ dated June 28, 2021.
7 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Large Diameter Welded
Pipe from Canada; 2018–2020,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
8 In the Initiation Notice, this company was listed
as Canam (St Gedeon). However, in its certification
of no shipments, it noted that Canam (St Gedeon)
is a plant location and not its legal name. It also
noted that it had recently undergone a corporate
restructuring and is now named Canam Group Inc.,
which is the successor entity to Canam Group Inc.
f/k/a Canam Buildings and Structures Inc. See
Canam’s Letter, ‘‘No Shipments Letter for Canam
Group Inc. f/k/a Canam Buildings and Structures
Inc.,’’ dated August 7, 2020.
E:\FR\FM\04AUN1.SGM
04AUN1
]]>Agencies
[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41953-41956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16624]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the producers/exporters subject to this administrative review made
sales of subject merchandise at less than normal value (NV) during the
period of review (POR) May 1, 2019, through April 30, 2020.
Additionally, Commerce preliminarily determines that a company for
which we initiated a review had no shipments during the POR. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable August 4, 2021.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or David Crespo, 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) 482-4682 or (202)
482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2020, based on timely requests for review in accordance
with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of
the antidumping duty order on certain carbon and alloy steel cut-to-
length
[[Page 41954]]
plate (CTL plate) from Italy.\1\ This review covers ten producers and/
or exporters of the subject merchandise. Commerce selected two
companies, NLMK Verona SpA (NVR) and Officine Tecnosider s.r.l. (OTS),
for individual examination. The producers and/or exporters not selected
for individual examination are listed in the ``Preliminary Results of
the Review'' section of this notice.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 41540 (July 10, 2020).
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On July 21, 2020, Commerce tolled preliminary and final results
deadlines in administrative reviews by 60 days, thereby extending the
deadline for these results until April 1, 2021.\2\ On March 10, 2021,
Commerce extended the preliminary results of this review by 120 days,
until July 30, 2021.\3\ For a complete description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\4\
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\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\3\ See Memorandum, ``Carbon and Alloy Steel Cut-to-Length Plate
from Italy: Extension of Deadline for Preliminary Results of 2019-
2020 Antidumping Duty Administrative Review,'' dated March 10, 2021.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019-2020 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel Cut-To-Length Plate
from Italy,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
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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 non-metallic
substances from Italy. Products subject to the order are currently
classified in the Harmonized Tariff Schedule of 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.\5\
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\5\ For a full description of the scope of the order, see
Preliminary Decision Memorandum.
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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).
Export price and constructed export price are calculated in accordance
with section 772 of the Act. NV is calculated in accordance with
section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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/. A list of the topics discussed
in the Preliminary Decision Memorandum is attached as an appendix to
this notice.
Preliminary Determination of No Shipments
One company under review, Lyman Steel Company (Lyman), filed a
statement reporting that it made no shipments of subject merchandise to
the United States during the POR.\6\ We were able to confirm Lyman's
claim with U.S. Customs and Border Protection (CBP).\7\ Consequently,
we preliminarily determine that Lyman had no shipments during the POR.
Consistent with our practice, we find that it is not appropriate to
preliminarily rescind the review with respect to this company, and we
will instead complete the review for this company and issue appropriate
instructions to CBP based on the final results of this review.\8\
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\6\ See Lyman's Letter ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from Italy; Lyman Steel Company's Certification of No
Sales, Shipments, or Entries,'' dated August 7, 2020.
\7\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from Italy (A-475-834),'' dated August 20, 2020.
\8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306
(August 28, 2014).
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Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margins exist for the respondents for the period May 1, 2019,
through April 30, 2020:
------------------------------------------------------------------------
Weighted- average
Exporters/producers dumping margin
(percent)
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NLMK Verona SpA..................................... 1.21
Officine Tecnosider s.r.l........................... 1.37
Arvedi Tubi Acciaio................................. 1.31
C.M.T. Construzioni Meccaniche di Taglione Emilio & 1.31
C. S.a.s...........................................
MAM s.r.1........................................... 1.31
O.ME.P SpA.......................................... 1.31
Ofar SpA............................................ 1.31
Sesa SpA............................................ 1.31
Tim-Cop Doo Temerin................................. 1.31
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Rate for Non-Examined Companies
The Act and Commerce's regulations do not address the establishment
of a weighted-average dumping margin to be applied to companies not
selected for individual examination when Commerce limits its
examination in an administrative review pursuant to section 777A(c)(2)
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act,
which provides instructions for calculating the all-others rate in a
less-than-fair-value investigation, for guidance when calculating the
[[Page 41955]]
weighted-average dumping margin for companies which were not selected
for individual examination in an administrative review. Under section
735(c)(5)(A) of the Act, the all-others rate is normally an amount
equal to the weighted average of the estimated weighted-average dumping
margins established for exporters and producers individually
investigated, excluding rates that are zero, de minimis (i.e., less
than 0.5 percent), or determined entirely on the basis of facts
available.
Consistent with section 735(c)(5)(A) of the Act, we determined the
weighted-average dumping margin for each of the non-selected companies
by using the weighted-average dumping margins calculated for NVR and
OTS in this administrative review.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\9\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\11\ 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.\12\ Case and
rebuttal briefs should be filed using ACCESS.\13\
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\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c).
\11\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See 19 CFR 351.303.
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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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\14\ Hearing 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 issues raised in the briefs. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\15\ Parties should confirm the date,
time, and location of the hearing two days before the scheduled date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information.\16\
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\16\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\17\
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\17\ See Section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries.\18\
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\18\ See 19 CFR 351.212(b).
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Pursuant to 19 CFR 351.212(b)(1), where the respondent 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 respondent
did not report entered value or reported amounts based on estimated
sales data, 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 that were not selected for individual review, we
will assign an assessment rate based on the average of the cash deposit
rates calculated for NVR and OTS, excluding any rates that are zero, de
minimis, or determined entirely based on adverse facts available. 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.
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by companies included in
the final results of this 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.\19\
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\19\ 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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Further, if we continue to find, in the final results, that Lyman
had no shipments of subject merchandise during the POR, we will
instruct CBP to liquidate any suspended entries that entered under
their AD case number (i.e., at that exporter's rate) or at the all-
others rate, if there is no rate for the intermediate company(ies)
involved in the transaction.
Consistent with its recent notice,\20\ 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).
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\20\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Cash Deposit Requirements
The following 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 the exporters
listed above will be equal to the weighted- average dumping margin
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 companies not participating in this review, the cash deposit
rate will continue to be the company-specific cash deposit rate
published for the most recently completed segment; (3) if the exporter
is not a firm covered in this review or the original less-than-fair-
[[Page 41956]]
value (LTFV) investigation, but the producer is, then the cash deposit
rate will be the cash deposit rate established for the most recently
completed segment for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
6.08 percent, the all-others rate established in the LTFV
investigation.\21\ These deposit requirements, when imposed, shall
remain in effect until further notice.
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\21\ 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).
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Notification to Importers
This notice 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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 29, 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. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-16624 Filed 8-3-21; 8:45 am]
BILLING CODE 3510-DS-P
