Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2021-2022, 39229-39231 [2023-12828]
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Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices
shall assess, antidumping duties on all
appropriate entries for the 2019–2020
POR and the 2020–2021 POR, at the
applicable ad valorem assessments rates
listed for the corresponding review
period. Pursuant to 19 CFR
351.212(b)(1), because Al Jazeera
reported the entered value of its U.S.
sales, we calculated importer-specific
ad valorem duty assessment rates based
on the ratio of the total amount of
dumping calculated for the examined
sales to the total entered value of the
sales for which entered value was
reported. Where an importer-specific
assessment rate is de minimis (i.e., less
than 0.5 percent), the entries by that
importer will be liquidated without
regard to antidumping duties.
Commerce’s ‘‘automatic assessment’’
practice will apply to entries of subject
merchandise during the 2019–2020 POR
and the 2020–2021 POR produced by Al
Jazeera for which it did not know that
the merchandise 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.14
For the companies which were not
selected for individual examination for
the 2020–2021 POR, we will instruct
CBP to assess antidumping duties at a
rate equal to the weighted-average
dumping margin determined for the
non-examined companies. Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of the final results of
these reviews 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).
lotter on DSK11XQN23PROD with NOTICES1
Cash Deposit Requirements
The following cash deposit
requirements will be effective for all
shipments of subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of these
administrative reviews, as provided by
section 751(a)(2) of the Act: (1) the cash
deposit rate for each company listed
above will be equal to the weightedaverage dumping margin established in
the final results of the 2020–2021
review, except, if that rate is de
minimis, then the cash deposit rate will
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
be zero; (2) for previously reviewed or
investigated companies not subject to
this review, the cash deposit rate 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 LTFV
investigation, but the producer is, then
the cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) if neither the exporter nor the
producer is a firm covered in this or any
previously completed segment of this
proceeding, then the cash deposit rate
will be the all-others rate of 7.36 percent
that was established in the LTFV
investigation.15 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Dated: June 8, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Notification to Importers
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 the 2019–2020 POR and the
2020–2021 POR. 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.
International Trade Administration
Administrative Protective Order
This notice also serves as a reminder
to parties subject to an administrative
protective order (APO) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3), 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 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 351.213(h) and 19 CFR
351.221(b)(5).
14 For
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17:54 Jun 14, 2023
Jkt 259001
39229
15 See
PO 00000
Order, 81 FR at 91908.
Frm 00011
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 the Issues
Comment 1: Whether Commerce Should
Weight-Average and Match Al Jazeera’s
Home Market Sales to U.S. Sales by
Month Instead of Quarter
Comment 2: Whether Commerce Properly
Applied the Cost Recovery Test
VI. Recommendation
[FR Doc. 2023–12767 Filed 6–14–23; 8:45 am]
BILLING CODE 3510–DS–P
[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; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that Industeel Belgium S.A.
(Industeel), a producer and exporter
subject to this administrative review,
made sales of subject merchandise at
less than normal value (NV) during the
period of review (POR), May 1, 2021,
through April 30, 2022. Additionally,
we preliminarily determine that one
company had no shipments during the
POR. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 15, 2023.
FOR FURTHER INFORMATION CONTACT:
Steven Seifert, 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) 482–3350.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On July 14, 2022, based on timely
requests for review in accordance with
19 CFR 351.221(c)(1)(i), we published a
notice of initiation of an administrative
E:\FR\FM\15JNN1.SGM
15JNN1
39230
Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices
review of the antidumping duty order 1
on certain carbon and alloy steel cut-tolength plate from Belgium.2 This review
covers Industeel and NLMK Belgium,3
producers and/or exporters of the
subject merchandise. Commerce
selected both companies for individual
examination.
On January 11, 2023, Commerce
extended the preliminary results of this
review by 120 days, until May 31,
2023.4 For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.5 A list of topics
discussed in the Preliminary Decision
Memorandum is included in the
appendix to this notice. The Preliminary
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://
access.trade.gov. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://access.trade.gov/public/
FRNoticesListLayout.aspx.
preliminarily determine that NLMK
Belgium had no shipments and,
therefore, no reviewable entries, of
subject merchandise during the POR.
Consistent with Commerce’s practice,
we will not rescind the review with
respect to NLMK Belgium, but, rather,
will complete the review and issue
appropriate instructions to CBP based
on the final results of the review.8
Preliminary Determination of No
Shipments
Based on entry documentation
received from U.S. Customs and Border
Protection (CBP) 6 and the certification
provided by NLMK Belgium,7 we
Preliminary Results of the Review
The products covered by the Order
are certain carbon and alloy steel cut-tolength plate from Belgium. 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 is
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.
We preliminarily determine that the
following weighted-average dumping
margin exists for the period May 1,
2021, through April 30, 2022:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Industeel Belgium S.A ................
2.65
1 See
lotter on DSK11XQN23PROD with NOTICES1
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)
(Order).
2 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
42144 (July 14, 2022).
3 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).
4 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of 2021–2022 Antidumping
Duty Administrative Review,’’ dated January 11,
2023.
5 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021–2022
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 See Memorandum, ‘‘Release of U.S. Customs
and Border Protection Information,’’ dated
November 16, 2022.
7 See NLMK Belgium’s Letter, ‘‘No Shipment
Certification,’’ dated August 5, 2022.
Scope of the Order
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17:54 Jun 14, 2023
Jkt 259001
Disclosure and Public Comment
Commerce intends to disclose the
calculations performed in connection
with these preliminary results to
interested parties within five days after
the date of publication of this notice.9
Interested parties may submit case briefs
to Commerce no later than 30 days after
the date of publication of this notice.10
Rebuttal briefs, limited to issues raised
in the case briefs, may be filed no later
than seven days after the time limit for
filing case briefs.11 Parties who submit
case briefs or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) a statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
8 See
19 CFR 351.307(b)(1)(v).
19 CFR 351.224(b).
10 See 19 CFR 351.309(c).
11 Commerce is exercising its discretion, under 19
CFR 351.309(d)(1), to alter the time limit for filing
of rebuttal briefs.
9 See
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
authorities.12 Case and rebuttal briefs
should be filed using ACCESS and must
be served on interested parties.13 Note
that Commerce has temporarily
modified certain of its requirements for
serving documents containing business
proprietary information, until further
notice.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; (3)
whether any participant is a foreign
national; and (4) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case and rebuttal 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.
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in any written briefs, no
later than 120 days after the date of
publication of this notice, unless
otherwise extended.17
Assessment Rates
Upon completion of the
administrative review, Commerce shall
determine, and CBP shall assess,
antidumping duties on all appropriate
entries.18 Pursuant to 19 CFR
351.212(b)(1), if Industeel’s weightedaverage dumping margin is not zero or
de minimis (i.e., less than 0.5 percent)
in the final results of this review, we
will calculate 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 those same sales.
Where either Industeel’s weighted12 See
19 CFR 351.309(c)(2) and (d)(2).
19 CFR 351.303.
14 See Temporary Rule Modifying AD/CVD
Service Requirements Due to COVID–19; Extension
of Effective Period, 85 FR 41363 (July 10, 2020).
15 See 19 CFR 351.310(c).
16 See 19 CFR 351.310(d).
17 See section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
18 See 19 CFR 351.212(b).
13 See
E:\FR\FM\15JNN1.SGM
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Federal Register / Vol. 88, No. 115 / Thursday, June 15, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
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.19
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.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise during
the POR produced by Industeel for
which it did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate those entries at the all-others
rate established in the original less-thanfair-value (LTFV) investigation (5.40
percent) if there is no rate for the
intermediate company(ies) involved in
the transaction.20
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for Industeel 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
previously investigated 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, a prior
review, or the original LTFV
19 See
19 CFR 351.106(c)(2).
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
20 For
VerDate Sep<11>2014
17:54 Jun 14, 2023
Jkt 259001
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.21
These cash 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.
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, and 19 CFR 351.221(b)(4).
Dated: May 31, 2023.
Lisa W. Wang,
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. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023–12828 Filed 6–14–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD059]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to U.S. Space Force
Operations at Vandenberg Space
Force Base, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
21 See
PO 00000
CTL Plate Order, 82 FR 24098.
Frm 00013
Fmt 4703
Sfmt 4703
39231
Notice; receipt of application for
regulations and letter of authorization;
request for comments and information.
ACTION:
NMFS has received a request
from the U.S. Space Force (USSF) for
authorization to take small numbers of
six species of marine mammals, by
Level B harassment only, incidental to
rocket and missile launches and other
base operations at Vandenberg Space
Force Base (VSFB). USSF is requesting
a 5-year Letter of Authorization for takes
resulting from these activities (2024–
2029). Pursuant to regulations
implementing the Marine Mammal
Protection Act (MMPA), NMFS is
announcing receipt of the Space Force’s
request for the development and
implementation of regulations
governing the incidental taking of
marine mammals. NMFS invites the
public to provide information,
suggestions, and comments on the
Space Force’s application and request.
DATES: Comments and information must
be received no later than July 17, 2023.
ADDRESSES: Comments on the
applications should be addressed to
Jolie Harrison, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service and should be sent to
ITP.Tucker@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. All comments
received are a part of the public record
and will generally be posted online at:
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Steven Tucker, (301) 427–8401. An
electronic copy of the USSF application
may be obtained online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please email the contact listed above.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
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]]>Agencies
[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39229-39231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12828]
-----------------------------------------------------------------------
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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that Industeel Belgium S.A. (Industeel), a producer and
exporter subject to this administrative review, made sales of subject
merchandise at less than normal value (NV) during the period of review
(POR), May 1, 2021, through April 30, 2022. Additionally, we
preliminarily determine that one company had no shipments during the
POR. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable June 15, 2023.
FOR FURTHER INFORMATION CONTACT: Steven Seifert, 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) 482-3350.
SUPPLEMENTARY INFORMATION:
Background
On July 14, 2022, based on timely requests for review in accordance
with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of an
administrative
[[Page 39230]]
review of the antidumping duty order \1\ on certain carbon and alloy
steel cut-to-length plate from Belgium.\2\ This review covers Industeel
and NLMK Belgium,\3\ producers and/or exporters of the subject
merchandise. Commerce selected both companies for individual
examination.
---------------------------------------------------------------------------
\1\ 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) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
\3\ 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 January 11, 2023, Commerce extended the preliminary results of
this review by 120 days, until May 31, 2023.\4\ For a complete
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum.\5\ A list of topics discussed
in the Preliminary Decision Memorandum is included in the appendix to
this notice. The Preliminary Decision Memorandum is a public document
and is on file electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Extension of Deadline for Preliminary
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated
January 11, 2023.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 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).
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
Based on entry documentation received from U.S. Customs and Border
Protection (CBP) \6\ and the certification provided by NLMK Belgium,\7\
we preliminarily determine that NLMK Belgium had no shipments and,
therefore, no reviewable entries, of subject merchandise during the
POR. Consistent with Commerce's practice, we will not rescind the
review with respect to NLMK Belgium, but, rather, will complete the
review and issue appropriate instructions to CBP based on the final
results of the review.\8\
---------------------------------------------------------------------------
\6\ See Memorandum, ``Release of U.S. Customs and Border
Protection Information,'' dated November 16, 2022.
\7\ See NLMK Belgium's Letter, ``No Shipment Certification,''
dated August 5, 2022.
\8\ See 19 CFR 351.307(b)(1)(v).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the Order are certain carbon and alloy
steel cut-to-length plate from Belgium. 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 is 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.
Preliminary Results of the Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period May 1, 2021, through April 30,
2022:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Industeel Belgium S.A...................................... 2.65
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\9\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\10\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\11\ Parties who submit
case briefs or rebuttal briefs in this proceeding are encouraged to
submit with each argument: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\12\ Case and
rebuttal briefs should be filed using ACCESS and must be served on
interested parties.\13\ Note that Commerce has temporarily modified
certain of its requirements for serving documents containing business
proprietary information, until further notice.\14\
---------------------------------------------------------------------------
\9\ See 19 CFR 351.224(b).
\10\ See 19 CFR 351.309(c).
\11\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\12\ See 19 CFR 351.309(c)(2) and (d)(2).
\13\ See 19 CFR 351.303.
\14\ 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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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; (3) whether any participant is a foreign national; and
(4) a list of issues to be discussed. Issues raised in the hearing will
be limited to those raised in the respective case and rebuttal 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.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, no later than 120 days after the date of publication of
this notice, unless otherwise extended.\17\
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\17\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries.\18\ Pursuant to 19 CFR 351.212(b)(1), if Industeel's weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review, we will calculate
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 those same sales. Where either Industeel's
weighted-
[[Page 39231]]
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.\19\
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\18\ See 19 CFR 351.212(b).
\19\ See 19 CFR 351.106(c)(2).
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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.
In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Industeel
for which it did not know that the merchandise was destined for the
United States, we will instruct CBP to liquidate those entries at the
all-others rate established in the original less-than-fair-value (LTFV)
investigation (5.40 percent) 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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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
Cash Deposit Requirements
The following deposit requirements will be effective for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of this administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for Industeel 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 previously investigated 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, a prior 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.\21\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\21\ See CTL Plate Order, 82 FR 24098.
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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, and 19 CFR
351.221(b)(4).
Dated: May 31, 2023.
Lisa W. Wang,
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. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-12828 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-DS-P
