Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020, 43166-43168 [2021-16835]
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
‘‘Implementation Guidance for Title V
of the E-Government Act, Confidential
Information Protection and Statistical
Efficiency Act of 2002 (CIPSEA),’’
Federal Register, Vol. 72, No. 115, June
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Estimate of Burden: Public reporting
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$100,000 in sales of floriculture
products respond to a reduced number
of questions related to operation
characteristics while operations with
sales greater than $100,000 complete the
entire questionnaire. In Hawaii, all
operations with sales of at least $10,000
will complete the full questionnaire.
The proposed increase in burden
reflects the additional respondents from
the program change.
Respondents: Farms and businesses.
Estimated Number of Respondents:
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Estimated Total Annual Burden on
Respondents: 6,400 hours.
Comments: Comments are invited on:
(a) Whether the proposed collection of
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Signed at Washington, DC, July 29, 2021.
Kevin L. Barnes,
Associate Administrator.
[FR Doc. 2021–16783 Filed 8–5–21; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–812]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Belgium:
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 two
companies for which we initiated
reviews had no shipments during the
POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable August 6, 2021.
FOR FURTHER INFORMATION CONTACT: Alex
Wood, AD/CVD Operations, Office II,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–1959.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
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 (AD) order on certain
carbon and alloy steel cut-to-length
plate from Belgium.1 This review covers
22 producers and/or exporters of the
subject merchandise.2 Commerce
selected two companies, Industeel
Belgium S.A. (Industeel) and NLMK
Belgium, 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
deadlines for all preliminary and final
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
41540 (July 10, 2020).
2 Commerce collapsed NLMK Clabecq S.A.,
NLMK Plate Sales S.A., NLMK Sales Europe S.A.,
NLMK Manage Steel Center S.A., and NLMK La
Louviere S.A. as a single entity (collectively, NLMK
Belgium) in the less-than-fair-value investigation.
See Certain Carbon and Alloy Steel Cut-To-Length
Plate from Belgium: Final Determination of Sales at
Less Than Fair Value and Final Determination of
Critical Circumstances, in Part, 82 FR 16378 (April
4, 2017).
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results in administrative reviews by 60
days, thereby extending the deadline for
these results until April 1, 2021.3 On
February 24, 2021, Commerce extended
the preliminary results of this review by
120 days, until July 30, 2021.4 For a
complete description of the events that
followed the initiation of this review,
see the Preliminary Decision
Memorandum.5
Scope of the Order
The products covered by the order are
certain carbon and alloy steel hot-rolled
or forged flat plate products not in coils,
whether or not painted, varnished, or
coated with plastics or other nonmetallic substances from Belgium.
Products subject to the order are
currently classified in the Harmonized
Tariff Schedule 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.6
Methodology
Commerce is conducting this review
in accordance with sections 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
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2019–2020 Antidumping
Duty Administrative Review,’’ dated February 24,
2021.
5 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-ToLength Plate from Belgium,’’ dated concurrently
with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
6 For a full description of the scope of the order,
see Preliminary Decision Memorandum.
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
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/summary. A
list of the topics discussed in the
Preliminary Decision Memorandum is
attached as an appendix to this notice.
Preliminary Determination of No
Shipments
Two companies under review, AG der
Dillinger Huttenwerke (Dillinger) and
Industeel France S.A.S. (Industeel
France), filed statements reporting that
they made no shipments of subject
merchandise to the United States during
the POR.7 U.S. Customs and Border
Protection (CBP) provided no
information to contradict these claims of
no shipments during the POR.8
Therefore, we preliminarily determine
that Dillinger and Industeel France 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 Dillinger or Industeel France,
and we will instead complete the review
for these companies and issue
appropriate instructions to CBP based
on the final results of this review.9
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)
Producers/exporters
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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 ...........................
0.51
6.40
7 See Dillinger’s Letter, ‘‘Certain Carbon and
Alloy Steel Cut-To-Length Plate from Belgium—No
Sales Certification,’’ dated July 21, 2020; and
Industeel France’s Letter, ‘‘Certain Carbon and
Alloy Steel Cut-To-Length Plate from Belgium:
Industeel France No Shipment Letter,’’ dated
August 4, 2020.
8 See Memorandum, ‘‘Certain Carbon and Alloy
Steel Cut-to-Length Plate from Belgium (A–423–
812),’’ dated August 20, 2020.
9 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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Producers/exporters
Weightedaverage
dumping
margin
(percent)
C.A. Picard GmbH ......................
Doerrenberg Edelstahl GmbH ....
Edgen Murray .............................
EEW Steel Trading LLC .............
Fike Europe B.A .........................
Macsteel International ................
NLMK Dansteel A.S ...................
NLMK Verona SpA .....................
NobelClad Europe GmbH & Co.
KG ...........................................
RP Technik GmbH Profilsysteme
Salzgitter Mannesmann International GmbH ........................
Stahlo Stahl Service GmbH &
Co. KG ....................................
Stemcor USA ..............................
Thyssenkrupp Steel Europe .......
TWF Treuhandgesellschaft
Werbefilm mbH .......................
Tranter Service Centers .............
Va´lcovny Trub Chomutov A.S ....
Voestalpine Grobblech GmbH ....
3.46
3.46
3.46
3.46
3.46
3.46
3.46
3.46
3.46
3.46
3.46
3.46
3.46
3.46
3.46
3.46
3.46
3.46
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 lessthan-fair-value (LTFV) investigation, for
guidance when calculating the
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 Industeel France and
NLMK Belgium 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
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43167
the date of publication of this notice.10
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.11
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.12 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.13 Case and rebuttal briefs
should be filed using ACCESS.14
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.15 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. Oral
presentations at 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.16
Parties should confirm the date, time,
and location of 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, until further notice.17
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.18
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
10 See
19 CFR 351.224(b).
19 CFR 351.309(c).
12 Commerce is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
13 See 19 CFR 351.309(c)(2) and (d)(2).
14 See 19 CFR 351.303.
15 See 19 CFR 351.310(c).
16 See 19 CFR 351.310(d).
17 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
18 See section 751(a)(3)(A) of the Act.
11 See
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43168
Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Notices
antidumping duties on all appropriate
entries.19
Pursuant to 19 CFR 351.212(b)(1), 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. Where
either the respondent’s weightedaverage 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 Industeel and NLMK
Belgium, 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 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.20
Further, if we continue to find, in the
final results, that Dillinger and Industeel
France 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) at
the all-others rate, if there is no rate for
the intermediate company(ies) involved
in the transaction.
Consistent with its recent notice,21
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
19 See
19 CFR 351.212(b).
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
21 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).
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 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 5.40 percent, the all-others rate
established in the LTFV investigation.22
These deposit requirements, when
imposed, shall remain in effect until
further notice.
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.
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20 For
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22 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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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 30, 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. 2021–16835 Filed 8–5–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–967]
Aluminum Extrusions From the
People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review and
Rescission of Review in Part; 2019–
2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting an
administrative review of the
antidumping duty (AD) order on
aluminum extrusions from the People’s
Republic of China (China). The period
of review (POR) is May 1, 2019, through
April 30, 2020. Commerce preliminarily
determines that, because Kingtom
Aluminio S.R.L. (Kingtom) exported
merchandise from the Dominican
Republic that is Chinese in origin,
Kingtom is a third-country exporter and
is not eligible for a separate rate and
that, because Kingtom did not identify
a Chinese exporter, we are unable to use
the information provided by Kingtom to
apply our non-market economy (NME)
calculation methodology. Additionally,
we preliminarily determine that none of
the companies for which an
administrative review was requested,
and the request was not withdrawn,
have demonstrated their eligibility for a
separate rate and are, therefore, part of
the China-wide entity, unless they have
submitted a valid statement of no
shipments. Interested parties are invited
AGENCY:
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]]>Agencies
[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43166-43168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16835]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-812]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium:
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 two companies for
which we initiated reviews had no shipments during the POR. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable August 6, 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 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 (AD) order on certain carbon and alloy steel cut-
to-length plate from Belgium.\1\ This review covers 22 producers and/or
exporters of the subject merchandise.\2\ Commerce selected two
companies, Industeel Belgium S.A. (Industeel) and NLMK Belgium, 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.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 41540 (July 10, 2020).
\2\ Commerce collapsed NLMK Clabecq S.A., NLMK Plate Sales S.A.,
NLMK Sales Europe S.A., NLMK Manage Steel Center S.A., and NLMK La
Louviere S.A. as a single entity (collectively, NLMK Belgium) in the
less-than-fair-value investigation. See Certain Carbon and Alloy
Steel Cut-To-Length Plate from Belgium: Final Determination of Sales
at Less Than Fair Value and Final Determination of Critical
Circumstances, in Part, 82 FR 16378 (April 4, 2017).
---------------------------------------------------------------------------
On July 21, 2020, Commerce tolled deadlines for all preliminary and
final results in administrative reviews by 60 days, thereby extending
the deadline for these results until April 1, 2021.\3\ On February 24,
2021, Commerce extended the preliminary results of this review by 120
days, until July 30, 2021.\4\ For a complete description of the events
that followed the initiation of this review, see the Preliminary
Decision Memorandum.\5\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2019-2020 Antidumping Duty Administrative Review,'' dated
February 24, 2021.
\5\ 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 Belgium,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
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 Belgium. 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.\6\
---------------------------------------------------------------------------
\6\ For a full description of the scope of the order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
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
[[Page 43167]]
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/summary. A list of the topics discussed in
the Preliminary Decision Memorandum is attached as an appendix to this
notice.
Preliminary Determination of No Shipments
Two companies under review, AG der Dillinger Huttenwerke
(Dillinger) and Industeel France S.A.S. (Industeel France), filed
statements reporting that they made no shipments of subject merchandise
to the United States during the POR.\7\ U.S. Customs and Border
Protection (CBP) provided no information to contradict these claims of
no shipments during the POR.\8\ Therefore, we preliminarily determine
that Dillinger and Industeel France 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 Dillinger or Industeel
France, and we will instead complete the review for these companies and
issue appropriate instructions to CBP based on the final results of
this review.\9\
---------------------------------------------------------------------------
\7\ See Dillinger's Letter, ``Certain Carbon and Alloy Steel
Cut-To-Length Plate from Belgium--No Sales Certification,'' dated
July 21, 2020; and Industeel France's Letter, ``Certain Carbon and
Alloy Steel Cut-To-Length Plate from Belgium: Industeel France No
Shipment Letter,'' dated August 4, 2020.
\8\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from Belgium (A-423-812),'' dated August 20, 2020.
\9\ 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
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Industeel Belgium S.A...................................... 0.51
NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales Europe 6.40
S.A./NLMK Manage Steel Center S.A./NLMK La Louviere S.A...
C.A. Picard GmbH........................................... 3.46
Doerrenberg Edelstahl GmbH................................. 3.46
Edgen Murray............................................... 3.46
EEW Steel Trading LLC...................................... 3.46
Fike Europe B.A............................................ 3.46
Macsteel International..................................... 3.46
NLMK Dansteel A.S.......................................... 3.46
NLMK Verona SpA............................................ 3.46
NobelClad Europe GmbH & Co. KG............................. 3.46
RP Technik GmbH Profilsysteme.............................. 3.46
Salzgitter Mannesmann International GmbH................... 3.46
Stahlo Stahl Service GmbH & Co. KG......................... 3.46
Stemcor USA................................................ 3.46
Thyssenkrupp Steel Europe.................................. 3.46
TWF Treuhandgesellschaft Werbefilm mbH..................... 3.46
Tranter Service Centers.................................... 3.46
V[aacute]lcovny Trub Chomutov A.S.......................... 3.46
Voestalpine Grobblech GmbH................................. 3.46
------------------------------------------------------------------------
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 (LTFV) investigation, for guidance when
calculating the 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 Industeel
France and NLMK Belgium 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.\10\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\11\ 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.\12\ 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.\13\ Case and
rebuttal briefs should be filed using ACCESS.\14\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c).
\12\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ 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.\15\ 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. Oral
presentations at 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.\16\ Parties should
confirm the date, time, and location of the hearing two days before the
scheduled date.
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\15\ See 19 CFR 351.310(c).
\16\ 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, until further notice.\17\
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\17\ 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.\18\
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\18\ 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,
[[Page 43168]]
antidumping duties on all appropriate entries.\19\
---------------------------------------------------------------------------
\19\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.212(b)(1), 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. 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 Industeel and NLMK Belgium, 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
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.\20\
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\20\ 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
Dillinger and Industeel France 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)
at the all-others rate, if there is no rate for the intermediate
company(ies) involved in the transaction.
Consistent with its recent notice,\21\ 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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\21\ 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 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 5.40
percent, the all-others rate established in the LTFV investigation.\22\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\22\ 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 30, 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. 2021-16835 Filed 8-5-21; 8:45 am]
BILLING CODE 3510-DS-P
