Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Final Results of Antidumping Duty Administrative Review; 2021-2022, 85226-85228 [2023-26882]
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85226
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
of estimated countervailing duties
collected on all such shipments.
DATES: Applicable August 28, 2021.
FOR FURTHER INFORMATION CONTACT:
Kristen Johnson, AD/CVD Operations,
Office III, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482- 4793.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
On January 3, 2018, Commerce
published the CVD order on softwood
lumber from Canada.1 On July 5, 2019,
Commerce published its Final Results of
Expedited Review for the Order.2 In the
Final Results of Expedited Review,
Commerce found that five companies
subject to the review had de minimis
subsidy rates, and therefore, were
excluded from the Order.3 The five
companies are D&G, Lemay, MLI, NAFP,
and Roland Boulanger & Cie Lte´e
(Roland).4
The Committee Overseeing Action for
Lumber International Trade
Investigations or Negotiations appealed
Commerce’s Final Results of Expedited
Review. On November 19, 2020, the CIT
remanded the Final Results of Expedited
Review to Commerce for reconsideration
of the statutory basis upon which
Commerce promulgated its CVD
expedited review regulations at 19 CFR
351.214(k) to determine individual
subsidy rates for companies not
individually examined in an
investigation.5
In its Final Remand, issued in
February 2021, Commerce determined
that section 103(a) of the Uruguay
Round of Agreements Act, as well as the
other legal authorities presented to the
CIT, cannot be the basis for the
promulgation of the CVD expedited
review regulations under 19 CFR
351.214(k) and, thus, Commerce lacks
the statutory authority to conduct CVD
expedited reviews.6 The CIT sustained
1 See Certain Softwood Lumber Products from
Canada: Amended Final Affirmative Countervailing
Duty Determination and Countervailing Duty Order,
83 FR 347 (January 3, 2018) (Order).
2 See Certain Softwood Lumber Products from
Canada: Final Results of Countervailing Duty
Expedited Review, 84 FR 32121 (July 5, 2019) (Final
Results of Expedited Review), and accompanying
Issues and Decision Memorandum.
3 Id., 84 FR at 32122.
4 Id. While Commerce calculated a de minimis
rate for Roland and its cross-owned affiliates, those
companies are not a party to the litigation nor to
the Court’s order ordering this notice.
5 See Committee Overseeing Action for Lumber
International Trade Investigations or Negotiations,
et al. v. United States, et al., Court No. 19–00122,
Slip Op. 20–167 (CIT 2020).
6 See Final Results of Redetermination Pursuant
to Court Remand, Committee Overseeing Action for
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Commerce’s Final Remand.7
Consequently, Commerce reinstated the
excluded companies in the Order
prospectively, effective August 28, 2021,
and imposed a 14.19 percent ad valorem
cash deposit requirement based on the
all-others rate from the investigation.8
The Canadian parties appealed the CIT’s
decision.9
On April 25, 2023, the U.S. Court of
Appeals for the Federal Circuit (Federal
Circuit) reversed the CIT’s August 18,
2021 decision and held that Commerce
has the statutory authority to adopt the
CVD expedited review process, and
remanded for further proceedings
necessitated by its holding that such
statutory authority exists.10
On October 6, 2023, D&G, Lemay,
MLI, and NAFP filed a motion with the
CIT requesting reinstatement of their
exclusion from the Order during the
pendency of this litigation.11 On
November 20, 2023, the CIT granted the
motion, finding that there was an
equitable basis for reversing the actions
of its August 18, 2021 decision, and
ordered the reinstatement of exclusion
from the Order, effective August 28,
2021, for D&G, Lemay, MLI, and
NAFP.12 The CIT also ordered
Commerce to instruct CBP to
discontinue the suspension of
liquidation and the collection of cash
deposits of estimated countervailing
duties on all shipments of softwood
lumber produced and exported by D&G,
Lemay, MLI, and NAFP, entered or
withdrawn from warehouse, for
consumption on or after August 28,
2021, and to instruct CBP to liquidate,
without regard to countervailing duties,
all suspended entries of shipments of
softwood lumber produced and
Lumber International Trade Investigations or
Negotiations, et al. v. United States, et al., Court No.
19–00122, Slip Op. 20–167 (CIT 2020), dated
February 17, 2021 (Final Remand), available at
https://access.trade.gov/resources/remands/20167.pdf.
7 See Committee Overseeing Action for Lumber
International Trade Investigations or Negotiations,
et al. v. United States, et al., Court No. 19–00122,
Slip Op. 21–104 (CIT 2021).
8 See Certain Softwood Lumber Products from
Canada: Notice of Court Decision Not in Harmony
with the Results of Countervailing Duty Expedited
Review; Notice of Amended Final Results, 86 FR
48396 (August 30, 2021) (Amended Final Results of
Expedited Review).
9 The Canadian parties are D&G, Lemay, MLI,
NAFP, Fontaine Inc., Mobilier Rustique (Beauce)
Inc., Government of Canada, Government of New
Brunswick, and Government of Que´bec.
10 See Committee Overseeing Action for Lumber
International Trade Investigations or Negotiations
v. United States, 66 F.4th 968 (Fed. Cir. 2023).
11 See Committee Overseeing Action for Lumber
International Trade Investigations or Negotiations
v. United States, Consol. Ct. No. 19–00122 (Slip Op.
23–163) (CIT Nov. 20, 2023), citing motion filed by
D&G, Lemay, MLI, and NAFP.
12 Id.
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Sfmt 4703
exported by D&G, Lemay, MLI, and
NAFP.13
Reinstatement of Exclusion From the
Order
Because of the CIT’s order, Commerce
is reinstating the exclusion from the
Order of D&G, Lemay, MLI, and NAFP,
effective August 28, 2021. Commerce’s
practice with respect to the exclusion of
companies from a CVD order is to
exclude the subject merchandise both
produced and exported by those
companies.14 As a result, we will
instruct CBP to discontinue the
suspension of liquidation and the
collection of cash deposits of estimated
countervailing duties on all shipments
of softwood lumber produced and
exported by D&G, Lemay, MLI, and
NAFP, entered, or withdrawn from
warehouse, for consumption on or after
August 28, 2021. In addition, we will
instruct CBP to liquidate, without regard
to countervailing duties, all suspended
entries of shipments of softwood lumber
produced and exported by D&G, Lemay,
MLI, and NAFP, and to refund all cash
deposits of estimated countervailing
duties collected on all such shipments.
Subject merchandise that D&G, Lemay,
MLI, and NAFP export but do not
produce, as well as merchandise D&G,
Lemay, MLI, and NAFP produce but is
exported by another company remain
subject to the Order.
Notification to Interested Parties
This notice is issued and published in
accordance with section 516A(c) of the
Tariff Act of 1930, as amended.
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–26857 Filed 12–6–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–475–834]
Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Final Results
of Antidumping Duty Administrative
Review; 2021–2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
13 Id.
14 See, e.g., Certain Corrosion-Resistant Steel
Products from India, Italy, Republic of Korea and
the People’s Republic of China: Countervailing Duty
Order, 81 FR 48387 (July 25, 2016).
E:\FR\FM\07DEN1.SGM
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
SUMMARY:
Analysis of Comments Received
Background
All issues raised in the case and
rebuttal briefs filed by parties in this
administrative review are addressed in
the Issues and Decision Memorandum
and are listed in the appendix to this
notice. 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.
The U.S. Department of
Commerce (Commerce) determines that
NLMK Verona S.p.A. (NVR) made sales
of subject merchandise at less than
normal value during the period of
review (POR), May 1, 2021, through
April 30, 2022.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT:
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) 482–3693.
SUPPLEMENTARY INFORMATION:
On June 5, 2023, Commerce published
in the Federal Register the Preliminary
Results of the 2021–2022 administrative
review of the antidumping duty order
on certain carbon and alloy steel cut-tolength plate from Italy and invited
interested parties to comment on those
results.1 In July 2023, the petitioner (i.e.,
Nucor Corporation) and NVR submitted
a case and rebuttal brief, respectively.
On September 1, 2023, we extended the
deadline for the final results until
December 1, 2023.2 For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.3
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Changes Since the Preliminary Results
Based on a review of the record and
comments received from interested
parties regarding the Preliminary
Results, and for the reasons explained in
the Issues and Decision Memorandum,
Commerce made certain changes to the
preliminary weighted-average dumping
margin calculation for NVR for the final
results of review.5
Final Results of Administrative Review
As a result of this review, we
determine that the following weightedaverage dumping margin exists for the
period May 1, 2021, through April 30,
2022:
Producer/exporter
Weightedaverage
dumping
margin
(percent)
NLMK Verona S.p.A .............
18.65
Scope of the Order 4
ddrumheller on DSK120RN23PROD with NOTICES1
The merchandise subject to the Order
is certain carbon and alloy steel cut-tolength plate from Italy. A complete
description of the scope of the Order is
contained in the Issues and Decision
Memorandum.
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Italy: Preliminary Results of
Antidumping Duty Administrative Review and
Rescission in Part; 2021–2022, 88 FR 36534 (June
5, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated September 1, 2023.
3 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the 2021–
2022 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).
4 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)
(Order).
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20:23 Dec 06, 2023
Jkt 262001
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these final results of review to
interested parties 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 Rate
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
appropriate entries of subject
5 See Issues and Decision Memorandum; and
Memorandum, ‘‘Cost Calculations for NLMK
Verona SpA (NVR) for the Final Results,’’ dated
concurrently with this notice.
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85227
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 each importer’s examined
sales and the total entered value of those
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 importerspecific rate is zero or de minimis, we
will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties. For entries of
subject merchandise during the POR
produced by NVR for which it did not
know that its merchandise was destined
for the United States, we will instruct
CBP to liquidate unreviewed entries at
the all-others rate established in the
less-than-fair-value (LTFV) of 6.08
percent ad valorem,6 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
Upon publication of this notice in the
Federal Register, 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 date of publication of the final
results of this administrative review, as
provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for the
company subject to this review will be
equal to the weighted-average dumping
margin established in the final results of
this review; (2) for merchandise
exported by producers or exporters not
covered in this review but covered in a
prior completed segment of the
proceeding, the cash deposit rate will
continue to be the company-specific rate
published in the completed segment for
the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the original
LTFV investigation, but the producer
has been covered in a prior completed
segment of this proceeding, then the
cash deposit rate will be the rate
6 See
E:\FR\FM\07DEN1.SGM
Order.
07DEN1
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Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices
established in the completed segment
for the most recent period for the
producer of the merchandise; and (4)
the cash deposit rate for all other
producers or exporters will continue to
be 6.08 percent, the all-others rate
established in the LTFV investigation
for this proceeding.7 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Comment 3: Whether Commerce Should
Apply the Major Input Rule to Value
NVR’s Affiliate-Supplied Slab
Comment 4: Whether Commerce Should
Allocate NVR’s Unreconciled Costs to
Subject Merchandise
VI. Recommendation
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 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 doubled antidumping duties.
International Trade Administration
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 terms of an APO is a violation
subject to sanction.
Notification to Interested Parties
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
ddrumheller on DSK120RN23PROD with NOTICES1
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: Treatment of NVR’s Home
Market Overrun Sales
Comment 2: Whether Commerce Should
Revise NVR’s Reported Sales and Cost
Data to be Based on Theoretical Weight
Order.
VerDate Sep<11>2014
20:23 Dec 06, 2023
Jkt 262001
BILLING CODE 3510–DS–P
[C–489–845]
Certain Aluminum Foil From Turkey:
Preliminary Results of Countervailing
Duty Administrative Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies were provided to producers
and exporters of certain aluminum foil
(aluminum foil) from the Republic of
Turkey (Turkey) during the period of
review (POR), March 5, 2021, through
December 31, 2021. Interested parties
are invited to comment on these
preliminary results.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT:
Adam Simons, AD/CVD Operations,
Office IX, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6172.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act, and 19
CFR 351.221(b)(5).
7 See
[FR Doc. 2023–26882 Filed 12–6–23; 8:45 am]
On November 12, 2021, Commerce
published in the Federal Register a
countervailing duty order on aluminum
foil from Turkey.1 On November 1,
2022, Commerce published the notice of
the opportunity to request a review of
the Order.2 On January 3, 2023,
Commerce published the notice of the
initiation of this administrative review
in the Federal Register.3 For a complete
description of the events that followed
the initiation of this review, see the
1 See Certain Aluminum Foil from the Sultanate
of Oman and the Republic of Turkey:
Countervailing Duty Orders, 86 FR 62782
(November 12, 2021) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 87 FR 65750 (November 1,
2022).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
50 (January 3, 2023).
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Frm 00025
Fmt 4703
Sfmt 4703
Preliminary Decision Memorandum.4 A
list of topics included in the
Preliminary Decision Memorandum is
provided as 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.
Scope of the Order
The product covered by the Order is
aluminum foil from Turkey. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this
administrative review in accordance
with section 701 of the Tariff Act of
1930, as amended (the Act). For each of
the subsidy programs found
countervailable, Commerce
preliminarily determines that there is a
subsidy, i.e., a financial contribution by
an ‘‘authority’’ that gives rise to a
benefit to the recipient, and that the
subsidy is specific.5
Companies Not Selected for Individual
Examination
The Act and Commerce’s regulations
do not directly address the subsidy rate
to be applied to companies not selected
for individual examination where
Commerce limits its examination in an
administrative review pursuant to
section 777A(e)(2) of the Act. However,
Commerce normally determines the
rates for non-selected companies in
reviews in a manner that is consistent
with section 705(c)(5) of the Act, which
provides instructions for calculating the
all-others rate in an investigation.
Section 777A(e)(2) of the Act provides
that ‘‘the individual countervailable
subsidy rates determined under
subparagraph (A) shall be used to
determine the all-others rate under
section 705(c)(5) {of the Act}.’’ Section
705(c)(5)(A) of the Act states that for
companies not investigated, in general,
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the 2021 Countervailing
Duty Administrative Review of Certain Aluminum
Foil from Turkey,’’ dated concurrently with, and
hereby adopted by, this notice (Preliminary
Decision Memorandum).
5 See sections 771(5)(B) and (D) of the Act
regarding financial contribution; section 771(5)(E)
of the Act regarding benefit; and section 771(5A) of
the Act regarding specificity.
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85226-85228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26882]
-----------------------------------------------------------------------
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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 85227]]
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
NLMK Verona S.p.A. (NVR) made sales of subject merchandise at less than
normal value during the period of review (POR), May 1, 2021, through
April 30, 2022.
DATES: Applicable December 7, 2023.
FOR FURTHER INFORMATION CONTACT: 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) 482-3693.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2023, Commerce published in the Federal Register 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 Italy and invited interested parties to comment on those
results.\1\ In July 2023, the petitioner (i.e., Nucor Corporation) and
NVR submitted a case and rebuttal brief, respectively. On September 1,
2023, we extended the deadline for the final results until December 1,
2023.\2\ For a complete description of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\3\
Commerce conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Italy: Preliminary Results of Antidumping Duty Administrative Review
and Rescission in Part; 2021-2022, 88 FR 36534 (June 5, 2023)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated September 1, 2023.
\3\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2021-2022 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).
---------------------------------------------------------------------------
Scope of the Order 4
---------------------------------------------------------------------------
\4\ 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).
---------------------------------------------------------------------------
The merchandise subject to the Order is certain carbon and alloy
steel cut-to-length plate from Italy. A complete description of the
scope of the Order is contained in the Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this administrative review are addressed in the Issues and Decision
Memorandum and are listed in the appendix to this notice. 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 the Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, Commerce made
certain changes to the preliminary weighted-average dumping margin
calculation for NVR for the final results of review.\5\
---------------------------------------------------------------------------
\5\ See Issues and Decision Memorandum; and Memorandum, ``Cost
Calculations for NLMK Verona SpA (NVR) for the Final Results,''
dated concurrently with this notice.
---------------------------------------------------------------------------
Final Results of Administrative Review
As a result of this review, we determine that the following
weighted-average dumping margin exists for the period May 1, 2021,
through April 30, 2022:
------------------------------------------------------------------------
Weighted-
average dumping
Producer/exporter margin
(percent)
------------------------------------------------------------------------
NLMK Verona S.p.A...................................... 18.65
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these final results of review to interested parties
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 Rate
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 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 each importer's examined sales and the total
entered value of those sales. Where either the respondent's weighted-
average dumping margin is zero or de minimis, within the meaning of 19
CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis,
we will instruct CBP to liquidate the appropriate entries without
regard to antidumping duties. For entries of subject merchandise during
the POR produced by NVR for which it did not know that its merchandise
was destined for the United States, we will instruct CBP to liquidate
unreviewed entries at the all-others rate established in the less-than-
fair-value (LTFV) of 6.08 percent ad valorem,\6\ if there is no rate
for the intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------
\6\ See Order.
---------------------------------------------------------------------------
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
Upon publication of this notice in the Federal Register, 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 date of publication of the final results of
this administrative review, as provided by section 751(a)(2)(C) of the
Act: (1) the cash deposit rate for the company subject to this review
will be equal to the weighted-average dumping margin established in the
final results of this review; (2) for merchandise exported by producers
or exporters not covered in this review but covered in a prior
completed segment of the proceeding, the cash deposit rate will
continue to be the company-specific rate published in the completed
segment for the most recent period; (3) if the exporter is not a firm
covered in this review, a prior review, or the original LTFV
investigation, but the producer has been covered in a prior completed
segment of this proceeding, then the cash deposit rate will be the rate
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established in the completed segment for the most recent period for the
producer of the merchandise; and (4) the cash deposit rate for all
other producers or exporters will continue to be 6.08 percent, the all-
others rate established in the LTFV investigation for this
proceeding.\7\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\7\ See Order.
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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 doubled antidumping duties.
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 terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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: Treatment of NVR's Home Market Overrun Sales
Comment 2: Whether Commerce Should Revise NVR's Reported Sales
and Cost Data to be Based on Theoretical Weight
Comment 3: Whether Commerce Should Apply the Major Input Rule to
Value NVR's Affiliate-Supplied Slab
Comment 4: Whether Commerce Should Allocate NVR's Unreconciled
Costs to Subject Merchandise
VI. Recommendation
[FR Doc. 2023-26882 Filed 12-6-23; 8:45 am]
BILLING CODE 3510-DS-P
