Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium: Final Results of Antidumping Duty Administrative Review; 2020-2021, 75591-75592 [2022-26730]
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Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices
in the amount of antidumping duties by
the amount of the countervailing duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. 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 terms of an APO is a
violation subject to sanction.
Notification to Interested Parties
Commerce is 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: December 5, 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. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether to Reject Agro
Sevilla’s Revisions and Corrections to
Sales and Cost Data as Untimely and
Unsolicited and Apply Partial Adverse
Facts Available (AFA) to Unreported
U.S. Sales
Comment 2: Agro Sevilla’s Verification
Corrections
Comment 3: Camacho’s Adjustment to Cost
for Purchase of Certain Sales
VI. Recommendation
[FR Doc. 2022–26782 Filed 12–8–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–423–812]
Certain Carbon and Alloy Steel Cut-toLength Plate From Belgium: Final
Results of Antidumping Duty
Administrative Review; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that Industeel
Belgium S.A. (Industeel) made sales of
subject merchandise at less than normal
value during the period of review (POR),
May 1, 2020, through April 30, 2021.
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
VerDate Sep<11>2014
17:50 Dec 08, 2022
Jkt 259001
Applicable December 9, 2022.
Alex
Wood or Ann Marie Caton, 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 and (202) 482–2607,
respectively.
DATES:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2022, Commerce published
the Preliminary Results.1 On August 1,
2022, we extended the deadline for the
final results until December 2, 2022.2
On October 6, 2022, we released the
final verification report and invited
parties to comment on the Preliminary
Results.3 Also in October 2022, we
received a case brief from Nucor
Corporation (the petitioner) and a
rebuttal brief from Industeel.4 For a
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.5
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
nonmetallic substances from Belgium.
Products subject to the order are
currently classified in the Harmonized
Tariff Schedule on 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,
1 See Certain Carbon and Alloy Steel Cut-toLength Plate from Belgium: Preliminary Results and
Partial Rescission of Antidumping Duty
Administrative Review; 2020–2021, 87 FR 34244
(June 6, 2022) (Preliminary Results).
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of 2020–2021 Antidumping Duty
Administrative Review,’’ dated August 1, 2022.
3 See Memorandum, ‘‘Verification of Industeel
Belgium S.A.,’’ dated October 4, 2022; see also
Memorandum, ‘‘Briefing Schedule for the Final
Results,’’ dated October 6, 2022.
4 See Petitioner’s Letter, ‘‘Nucor’s Case Brief,’’
dated October 13, 2022; see also Industeel’s Letter,
‘‘Industeel’s Rebuttal Brief,’’ dated October 24,
2022.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2020–
2021 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel CutTo-Length Plate from Belgium,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
75591
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
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.
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding our Preliminary
Results, we made certain changes to the
preliminary weighted-average margin
calculations for Industeel.7
Final Results of the Review
We are assigning the following
weighted-average dumping margin to
Industeel for the period May 1, 2020,
through April 30, 2021:
Producers/exporters
Weightedaverage
dumping
margin
(percent)
Industeel Belgium S.A ................
1.14
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 U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
6 For a full description of the scope of the order,
see Issues and Decision Memorandum.
7 See Issues and Decision Memorandum.
E:\FR\FM\09DEN1.SGM
09DEN1
75592
Federal Register / Vol. 87, No. 236 / Friday, December 9, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
appropriate entries of subject
merchandise in accordance with the
final results of this review.
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.
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.8
Commerce’s ‘‘automatic assessment’’
will apply to entries of subject
merchandise during the POR produced
by Industeel in these final results of
review for which Industeel did not
know that the merchandise it 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.
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
8 See
section 751(a)(2)(C) of the Act.
VerDate Sep<11>2014
17:50 Dec 08, 2022
Jkt 259001
previously investigated companies not
participating in this review, the cash
deposit will continue to be the
company-specific rate published for the
most recently completed segment of this
proceeding; (3) if the exporter is not a
firm covered in this review, or the
original less-than-fair-value (LTFV)
investigation, but the manufacturer is,
then the cash deposit rate will be the
rate established for the most recent
segment for the manufacturer of the
merchandise; and (4) the cash deposit
rate for all other manufacturers or
exporters will continue to be 5.40
percent, the all-others rate established
in the LTFV investigation.9 These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
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 and
published in accordance with sections
751(a)(1) and 777(i) of the Act.
9 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Austria, Belgium, France, the
Federal Republic of Germany, Italy, Japan, the
Republic of Korea, and Taiwan: Amended Final
Affirmative Antidumping Determinations for
France, the Federal Republic of Germany, the
Republic of Korea and Taiwan, and Antidumping
Duty Orders, 82 FR 24096, 24098 (May 25, 2017).
Frm 00007
Fmt 4703
Sfmt 4703
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: Application of Facts Available
to Home Market Inland Freight
Comment 2: Adjustment to Scrap Offset
Comment 3: Adjustments to General and
Administrative Expense Ratio
VI. Recommendation
[FR Doc. 2022–26730 Filed 12–8–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
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.
PO 00000
Dated: December 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
International Trade Administration
[A–570–018, C–570–019]
Boltless Steel Shelving Units
Prepacked for Sale From the People’s
Republic of China: Initiation of
Circumvention Inquiry on the
Antidumping Duty and Countervailing
Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Edsal Manufacturing Company, Inc.
(Edsal), the U.S. Department of
Commerce (Commerce) is initiating a
circumvention inquiry to determine
whether imports of boltless steel
shelving units prepackaged for sale
(boltless steel shelving), which are
completed or assembled in Malaysia
using certain components from the
People’s Republic of China (China), are
circumventing the antidumping duty
(AD) and countervailing duty (CVD)
orders on boltless steel shelving from
China.
DATES: Applicable December 9, 2022.
FOR FURTHER INFORMATION CONTACT:
Kabir Archuletta, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–2593.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On October 20, 2022, pursuant to
section 781(b) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.226(c), Edsal filed a circumvention
inquiry request alleging that boltless
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75591-75592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26730]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-812]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium:
Final Results of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
Industeel Belgium S.A. (Industeel) made sales of subject merchandise at
less than normal value during the period of review (POR), May 1, 2020,
through April 30, 2021.
DATES: Applicable December 9, 2022.
FOR FURTHER INFORMATION CONTACT: Alex Wood or Ann Marie Caton, 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 and (202) 482-2607,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2022, Commerce published the Preliminary Results.\1\ On
August 1, 2022, we extended the deadline for the final results until
December 2, 2022.\2\ On October 6, 2022, we released the final
verification report and invited parties to comment on the Preliminary
Results.\3\ Also in October 2022, we received a case brief from Nucor
Corporation (the petitioner) and a rebuttal brief from Industeel.\4\
For a description of the events that occurred since the Preliminary
Results, see the Issues and Decision Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
Belgium: Preliminary Results and Partial Rescission of Antidumping
Duty Administrative Review; 2020-2021, 87 FR 34244 (June 6, 2022)
(Preliminary Results).
\2\ See Memorandum, ``Extension of Deadline for Final Results of
2020-2021 Antidumping Duty Administrative Review,'' dated August 1,
2022.
\3\ See Memorandum, ``Verification of Industeel Belgium S.A.,''
dated October 4, 2022; see also Memorandum, ``Briefing Schedule for
the Final Results,'' dated October 6, 2022.
\4\ See Petitioner's Letter, ``Nucor's Case Brief,'' dated
October 13, 2022; see also Industeel's Letter, ``Industeel's
Rebuttal Brief,'' dated October 24, 2022.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2020-2021 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 (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 nonmetallic
substances from Belgium. Products subject to the order are currently
classified in the Harmonized Tariff Schedule on 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 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.
Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the preliminary weighted-average margin calculations for
Industeel.\7\
---------------------------------------------------------------------------
\7\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Results of the Review
We are assigning the following weighted-average dumping margin to
Industeel for the period May 1, 2020, through April 30, 2021:
------------------------------------------------------------------------
Weighted-
average
Producers/exporters dumping
margin
(percent)
------------------------------------------------------------------------
Industeel Belgium S.A...................................... 1.14
------------------------------------------------------------------------
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 U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all
[[Page 75592]]
appropriate entries of subject merchandise in accordance with the final
results of this review.
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.
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.\8\
---------------------------------------------------------------------------
\8\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------
Commerce's ``automatic assessment'' will apply to entries of
subject merchandise during the POR produced by Industeel in these final
results of review for which Industeel did not know that the merchandise
it 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.
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 company-specific rate published for the
most recently completed segment of this proceeding; (3) if the exporter
is not a firm covered in this review, or the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, then the cash
deposit rate will be the rate established for the most recent segment
for the manufacturer of the merchandise; and (4) the cash deposit rate
for all other manufacturers or exporters will continue to be 5.40
percent, the all-others rate established in the LTFV investigation.\9\
These deposit requirements, when imposed, shall remain in effect until
further notice.
---------------------------------------------------------------------------
\9\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096, 24098 (May 25, 2017).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in 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 and published in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: December 2, 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. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: Application of Facts Available to Home Market Inland
Freight
Comment 2: Adjustment to Scrap Offset
Comment 3: Adjustments to General and Administrative Expense
Ratio
VI. Recommendation
[FR Doc. 2022-26730 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-DS-P
