Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020, 6485-6487 [2022-02280]
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Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of the return or destruction
of APO materials, or conversion to
judicial protective order, is hereby
requested. Failure to comply with the
regulations and the terms of an APO is
a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act, and 19
CFR 351.221(b)(5).
Dated: January 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. The POSCO Single Entity
V. Discussion of the Issues
Comment 1: Collapsing Taechang and
Winsteel with POSCO
VI. Recommendation
[FR Doc. 2022–02308 Filed 2–3–22; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Final Results
of Antidumping Duty Administrative
Review and Final Determination of No
Shipments; 2019–2020
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that producers
and/or exporters subject to this
administrative review made sales of
subject merchandise at less than normal
value during the period of review (POR),
May 1, 2019, through April 30, 2020.
Additionally, Commerce determines
that a company for which we initiated
a review had no shipments during the
POR.
DATES: Applicable February 4, 2022.
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:
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
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18:50 Feb 03, 2022
Jkt 256001
(202) 482–4682 or (202) 482–3693,
respectively.
merchandise subject to this scope is
dispositive.5
SUPPLEMENTARY INFORMATION:
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are listed in the appendix
to this notice and addressed in the
Issues and Decision Memorandum. The
Issues and 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 Issues and
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Background
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 ‘‘Final
Results of the Review’’ section of this
notice.
On August 4, 2021, Commerce
published the Preliminary Results.1 In
September 2021, certain of the
petitioners 2 and NVR submitted case
and rebuttal briefs. On November 30,
2021, we extended the deadline for the
final results by 57 days, until January
28, 2022.3 For a description of the
events that occurred since the
Preliminary Results, see the Issues and
Decision Memorandum.4
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order
BILLING CODE 3510–DS–P
6485
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
1 See 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, 86 FR 41953 (August 4, 2021) (Preliminary
Results).
2 Nucor Corporation.
3 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2019–2020 Antidumping Duty
Administrative Review,’’ dated November 30, 2021.
4 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2019–
2020 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel CutTo-Length Plate from Italy,’’ dated concurrently
with, and hereby adopted by, these results (Issues
and Decision Memorandum).
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Frm 00003
Fmt 4703
Sfmt 4703
Determination of No Shipments
As noted in the Preliminary Results,
we received a no-shipment claim from
one company involved in this
administrative review, Lyman Steel
Company (Lyman). In the Preliminary
Results, we preliminarily determined
that Lyman had no reviewable
transactions during the POR. We
received no comments from interested
parties with respect to this claim.
Therefore, because the record indicates
that this company did not export subject
merchandise to the United States during
the POR, we continue to find that
Lyman had no reviewable transactions
during the POR. Accordingly, consistent
with Commerce’s practice, we intend to
instruct U.S. Customs and Border
Protection (CBP) to liquidate any
existing entries of merchandise
produced by Lyman, but exported by
other parties, at the rate for the
intermediate reseller, if available, or at
the all-others rate.6
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made changes to the
preliminary weighted-average margin
calculations for OTS, NVR, and those
companies not selected for individual
review.7
Rate for Non-Selected Respondents
The Act and Commerce’s regulations
do not address the establishment of a
5 For a full description of the scope of the order,
see Issues and Decision Memorandum.
6 See, e.g., Magnesium Metal from the Russian
Federation: Preliminary Results of Antidumping
Duty Administrative Review, 75 FR 26922, 26923
(May 13, 2010), unchanged in Magnesium Metal
from the Russian Federation: Final Results of
Antidumping Duty Administrative Review, 75 FR
56989 (September 17, 2010).
7 See Issues and Decision Memorandum.
E:\FR\FM\04FEN1.SGM
04FEN1
6486
Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices
rate 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
market economy investigation, for
guidance when calculating the rate 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 any
zero or de minimis margins, and any
margins determined entirely {on the
basis of facts available}.’’
In this review, we have calculated a
weighted-average dumping margin for
the non-selected companies by using the
weighted-average calculated rates of the
mandatory respondents, NVR and OTS,
which are not zero, de minimis, or
determined entirely on the basis of facts
available.8 For these final results, we
have calculated a weighted-average
dumping margin for OTS that is zero.
Accordingly, we have assigned to the
companies not individually examined
the weighted-average dumping margin
calculated for NVR.
Final Results of the Review
We are assigning the following
weighted-average dumping margins to
the firms listed below for the period
May 1, 2019, through April 30, 2020:
Weighted-average
dumping margin
(percent)
Exporters/producers
NLMK Verona SpA ......................................................................................................................................................................
Officine Tecnosider s.r.l ...............................................................................................................................................................
1.57
0.00
Rate Applicable to the Following Non-Selected Companies:
Arvedi Tubi Acciaio ......................................................................................................................................................................
1.57
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 .................................................................................................................................................................
1.57
1.57
1.57
1.57
1.57
1.57
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
parties in this review within five days
after public announcement of the final
results or, if there is no public
announcement, within five days of the
date of publication of this notice in the
Federal Register, in accordance with 19
CFR 351.224(b).
lotter on DSK11XQN23PROD with NOTICES1
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act, and 19 CFR 351.212(b)(1),
Commerce has determined, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with the
final results of this review.
Where the respondent did not report
entered value or reported amounts
based on estimated 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.
8 See
section 735(c)(5)(A) of the Act.
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18:50 Feb 03, 2022
Jkt 256001
For the companies that were not
selected for individual review, we will
assign an assessment rate based on the
cash deposit rate calculated for NVR.9
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.10
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. As indicated above, for
Lyman, we will instruct CBP to
liquidate any existing entries of
merchandise produced by Lyman, but
exported by other parties, at the allothers rate if there is no rate for the
intermediate company(ies) involved in
the transaction.
9 This rate was calculated as discussed in the
Section, ‘‘Rate for Non-Selected Respondents,’’
above.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the
publication date of the final results of
this administrative review, as provided
by section 751(a)(2)(C) of the Act: (1)
The cash deposit rate for each specific
company listed above will be that
established in the final results of this
review, except if the rate is less than
0.50 percent and, therefore, de minimis
within the meaning of 19 CFR
351.106(c)(1), in which case the cash
deposit rate will be zero; (2) for
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
10 See
E:\FR\FM\04FEN1.SGM
section 751(a)(2)(C) of the Act.
04FEN1
Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Notices
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recent
segment for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 6.08
percent, the all-others rate established
in the LTFV investigation.11 These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), which
continues to govern business
proprietary information in this segment
of the proceeding. Timely written
notification of return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
Notification to Interested Parties
lotter on DSK11XQN23PROD with NOTICES1
This notice is being issued in
accordance with sections 751(a)(1) and
777(i) of the Act, and 19 CFR
351.221(b)(5).
11 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea, and Taiwan, and Antidumping
Duty Orders, 82 FR 24096, 24098 (May 25, 2017).
VerDate Sep<11>2014
18:50 Feb 03, 2022
Jkt 256001
Dated: January 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: NVR’s Major Input Rule
Comment 2: Whether Commerce Should
Adjust NVR’s Total Cost of
Manufacturing (TOTCOM) Calculation
for Unsupported Adjustments in Its
Overall Reconciliation
Comment 3: NVR’s General and
Administrative (G&A) Expense
Calculation
Comment 4: NVR’s Interest Income
Calculation
Comment 5: Whether Section 232 Duties
Should be Deducted From U.S. Price
Comment 6: Section 232 Duties Calculation
for NVR
VI. Recommendation
[FR Doc. 2022–02280 Filed 2–3–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) has received requests to
conduct administrative reviews of
various antidumping duty (AD) and
countervailing duty (CVD) orders with
December anniversary dates. In
accordance with Commerce’s
regulations, we are initiating those
administrative reviews.
DATES: Applicable February 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Brown, AD/CVD Operations,
Customs Liaison Unit, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230, telephone:
(202) 482–4735.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Commerce has received timely
requests, in accordance with 19 CFR
351.213(b), for administrative reviews of
various AD and CVD orders and
findings with December anniversary
dates.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
6487
All deadlines for the submission of
various types of information,
certifications, or comments or actions by
Commerce discussed below refer to the
number of calendar days from the
applicable starting time.
Notice of No Sales
If a producer or exporter named in
this notice of initiation had no exports,
sales, or entries during the period of
review (POR), it must notify Commerce
within 30 days of publication of this
notice in the Federal Register. All
submissions must be filed electronically
at https://access.trade.gov, in
accordance with 19 CFR 351.303.1 Such
submissions are subject to verification,
in accordance with section 782(i) of the
Tariff Act of 1930, as amended (the Act).
Further, in accordance with 19 CFR
351.303(f)(1)(i), a copy must be served
on every party on Commerce’s service
list.
Respondent Selection
In the event Commerce limits the
number of respondents for individual
examination for administrative reviews
initiated pursuant to requests made for
the orders identified below, Commerce
intends to select respondents based on
U.S. Customs and Border Protection
(CBP) data for U.S. imports during the
POR. We intend to place the CBP data
on the record within five days of
publication of the initiation notice and
to make our decision regarding
respondent selection within 35 days of
publication of the initiation Federal
Register notice. Comments regarding the
CBP data and respondent selection
should be submitted within seven days
after the placement of the CBP data on
the record of this review. Parties
wishing to submit rebuttal comments
should submit those comments within
five days after the deadline for the
initial comments.
In the event Commerce decides it is
necessary to limit individual
examination of respondents and
conduct respondent selection under
section 777A(c)(2) of the Act, the
following guidelines regarding
collapsing of companies for purposes of
respondent selection will apply. In
general, Commerce has found that
determinations concerning whether
particular companies should be
‘‘collapsed’’ (e.g., treated as a single
entity for purposes of calculating
antidumping duty rates) require a
substantial amount of detailed
information and analysis, which often
1 See Antidumping and Countervailing Duty
Proceedings: Electronic Filing Procedures;
Administrative Protective Order Procedures, 76 FR
39263 (July 6, 2011).
E:\FR\FM\04FEN1.SGM
04FEN1
Agencies
[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6485-6487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02280]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy:
Final Results of Antidumping Duty Administrative Review and Final
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers and/or exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR), May 1, 2019, through April 30, 2020.
Additionally, Commerce determines that a company for which we initiated
a review had no shipments during the POR.
DATES: Applicable February 4, 2022.
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
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 ``Final Results of the Review'' section of this notice.
On August 4, 2021, Commerce published the Preliminary Results.\1\
In September 2021, certain of the petitioners \2\ and NVR submitted
case and rebuttal briefs. On November 30, 2021, we extended the
deadline for the final results by 57 days, until January 28, 2022.\3\
For a description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\4\
---------------------------------------------------------------------------
\1\ See 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, 86 FR
41953 (August 4, 2021) (Preliminary Results).
\2\ Nucor Corporation.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
2019-2020 Antidumping Duty Administrative Review,'' dated November
30, 2021.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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, these results (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the order are certain carbon and alloy
steel hot-rolled or forged flat plate products not in coils, whether or
not painted, varnished, or coated with plastics or other 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\
---------------------------------------------------------------------------
\5\ For a full description of the scope of the order, see Issues
and Decision Memorandum.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix to this notice and addressed in the Issues and Decision
Memorandum. The Issues and 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 Issues and Decision Memorandum can
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Determination of No Shipments
As noted in the Preliminary Results, we received a no-shipment
claim from one company involved in this administrative review, Lyman
Steel Company (Lyman). In the Preliminary Results, we preliminarily
determined that Lyman had no reviewable transactions during the POR. We
received no comments from interested parties with respect to this
claim. Therefore, because the record indicates that this company did
not export subject merchandise to the United States during the POR, we
continue to find that Lyman had no reviewable transactions during the
POR. Accordingly, consistent with Commerce's practice, we intend to
instruct U.S. Customs and Border Protection (CBP) to liquidate any
existing entries of merchandise produced by Lyman, but exported by
other parties, at the rate for the intermediate reseller, if available,
or at the all-others rate.\6\
---------------------------------------------------------------------------
\6\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
---------------------------------------------------------------------------
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made changes
to the preliminary weighted-average margin calculations for OTS, NVR,
and those companies not selected for individual review.\7\
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Rate for Non-Selected Respondents
The Act and Commerce's regulations do not address the establishment
of a
[[Page 6486]]
rate 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 market economy investigation, for
guidance when calculating the rate 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 any zero or de minimis margins, and any margins
determined entirely {on the basis of facts available{time} .''
In this review, we have calculated a weighted-average dumping
margin for the non-selected companies by using the weighted-average
calculated rates of the mandatory respondents, NVR and OTS, which are
not zero, de minimis, or determined entirely on the basis of facts
available.\8\ For these final results, we have calculated a weighted-
average dumping margin for OTS that is zero. Accordingly, we have
assigned to the companies not individually examined the weighted-
average dumping margin calculated for NVR.
---------------------------------------------------------------------------
\8\ See section 735(c)(5)(A) of the Act.
---------------------------------------------------------------------------
Final Results of the Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period May 1, 2019, through April 30,
2020:
------------------------------------------------------------------------
Weighted-average
Exporters/producers dumping margin
(percent)
------------------------------------------------------------------------
NLMK Verona SpA..................................... 1.57
Officine Tecnosider s.r.l........................... 0.00
------------------------------------------------------------------------
Rate Applicable to the Following Non-Selected Companies:
------------------------------------------------------------------------
Arvedi Tubi Acciaio................................. 1.57
------------------------------------------------------------------------
C.M.T. Construzioni Meccaniche di Taglione Emilio & 1.57
C. S.a.s...........................................
MAM s.r.1........................................... 1.57
O.ME.P SpA.......................................... 1.57
Ofar SpA............................................ 1.57
Sesa SpA............................................ 1.57
Tim-Cop Doo Temerin................................. 1.57
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to parties in this review
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of this notice in the Federal Register, in accordance with
19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR
351.212(b)(1), Commerce has determined, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with the final results of this review.
Where the respondent did not report entered value or reported
amounts based on estimated 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 cash deposit rate
calculated for NVR.\9\ 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.\10\
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\9\ This rate was calculated as discussed in the Section, ``Rate
for Non-Selected Respondents,'' above.
\10\ See section 751(a)(2)(C) of the Act.
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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. As indicated above, for
Lyman, we will instruct CBP to liquidate any existing entries of
merchandise produced by Lyman, but exported by other parties, at the
all-others rate if there is no rate for the intermediate company(ies)
involved in the transaction.
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific
company listed above will be that established in the final results of
this review, except if the rate is less than 0.50 percent and,
therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in
which case the cash deposit rate will be zero; (2) for previously
investigated companies not participating in this review, the cash
deposit will continue to be the
[[Page 6487]]
company-specific rate published for the most recently completed segment
of this proceeding; (3) if the exporter is not a firm covered in this
review, or the original less-than-fair-value (LTFV) investigation, but
the manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 6.08 percent, the all-others rate
established in the LTFV investigation.\11\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\11\ 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 final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is being issued in accordance with sections 751(a)(1)
and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: January 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: NVR's Major Input Rule
Comment 2: Whether Commerce Should Adjust NVR's Total Cost of
Manufacturing (TOTCOM) Calculation for Unsupported Adjustments in
Its Overall Reconciliation
Comment 3: NVR's General and Administrative (G&A) Expense
Calculation
Comment 4: NVR's Interest Income Calculation
Comment 5: Whether Section 232 Duties Should be Deducted From
U.S. Price
Comment 6: Section 232 Duties Calculation for NVR
VI. Recommendation
[FR Doc. 2022-02280 Filed 2-3-22; 8:45 am]
BILLING CODE 3510-DS-P