Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Amended Final Results of Antidumping Duty Administrative Review; 2022-2023, 53951-53952 [2024-14314]
Download as PDF
<![CDATA[
Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices
intend to use the executive summaries
as the basis of the comment summaries
included in the issues and decision
memorandum that will accompany the
final determination in this investigation.
We request that interested parties
include footnotes for relevant citations
in the executive summary of each issue.
Note that Commerce has amended
certain of its requirements pertaining to
the service of documents in 19 CFR
351.303(f).11
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce within 30 days after the date
of publication of this notice. Requests
should contain the party’s name,
address, and telephone number, the
number of participants and whether any
participant is a foreign national, and a
list of the issues to be discussed. Oral
presentations at the hearing will be
limited to issues raised in the briefs. If
a request for a hearing is made, parties
will be notified of the time and date for
the hearing.12 Parties should confirm by
telephone the date, time, and location of
the hearing two days before the
scheduled date.
Dated: June 21, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
Final Determination
Appendix II
Section 705(a)(1) of the Act and 19
CFR 351.210(b)(1) provide that
Commerce will issue the final
determination within 75 days after the
date of its preliminary determination.
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Respondent Identification
V. Use of Facts Otherwise Available and
Adverse Inferences
VI. Analysis of Programs
VII. Recommendation
U.S. International Trade Commission
Notification
khammond on DSKJM1Z7X2PROD with NOTICES
In accordance with section 703(f) of
the Act, Commerce will notify the U.S.
International Trade Commission (ITC) of
its preliminary determination. If the
final determination is affirmative, the
ITC will determine before the later of
120 days after the date of this
preliminary determination or 45 days
after the final determination whether
imports of ferrosilicon from Russia are
materially injuring, or threaten material
injury to, the U.S. industry.
Notification to Interested Parties
This determination is issued and
published in accordance with sections
703(f) and 777(i) of the Act, and 19 CFR
351.205(c).
11 See
12 See
APO and Service Final Rule.
19 CFR 351.310(d).
VerDate Sep<11>2014
19:25 Jun 27, 2024
Jkt 262001
Appendix I
Scope of the Investigation
The scope of this investigation covers all
forms and sizes of ferrosilicon, regardless of
grade, including ferrosilicon briquettes.
Ferrosilicon is a ferroalloy containing by
weight four percent or more iron, more than
eight percent but not more than 96 percent
silicon, three percent or less phosphorus, 30
percent or less manganese, less than three
percent magnesium, and 10 percent or less
any other element. The merchandise covered
also includes product described as slag, if the
product meets these specifications.
Subject merchandise includes material
matching the above description that has been
finished, packaged, or otherwise processed in
a third country, including by performing any
grinding or any other finishing, packaging, or
processing that would not otherwise remove
the merchandise from the scope of the
investigation if performed in the country of
manufacture of the ferrosilicon.
Ferrosilicon is currently classifiable under
subheadings 7202.21.1000, 7202.21.5000,
7202.21.7500, 7202.21.9000, 7202.29.0010,
and 7202.29.0050 of the Harmonized Tariff
Schedule of the United States (HTSUS).
While the HTSUS numbers are provided for
convenience and customs purposes, the
written description of the scope remains
dispositive.
[FR Doc. 2024–14197 Filed 6–27–24; 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: Amended
Final Results of Antidumping Duty
Administrative Review; 2022–2023
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending the
final results of the administrative review
of the antidumping duty (AD) order on
AGENCY:
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
53951
certain carbon and alloy steel cut-tolength plate (CTL plate) from Italy to
correct a ministerial error. The period of
review (POR) is May 1, 2022, through
April 30, 2023.
DATES: Applicable June 28, 2024.
FOR FURTHER INFORMATION CONTACT:
Sean Grossnickle, 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) 482–3818.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2024, Commerce published
in the Federal Register the Final Results
of the 2022–2023 administrative review
of the AD order on CTL plate from
Italy.1 On June 5, 2024, Commerce
disclosed its calculations and provided
interested parties with the opportunity
to submit ministerial error comments.2
On June 10, 2024, NLMK Verona S.p.A.
(NVR), a mandatory respondent in this
review, submitted a timely ministerial
error allegation.3 No other party
submitted a ministerial error allegation
or rebutted NVR’s ministerial error
allegation. We are amending the Final
Results to correct the ministerial error
alleged by NVR.
Legal Framework
Section 751(h) of the Tariff Act of
1930, as amended (the Act), defines a
‘‘ministerial error’’ as including ‘‘errors
in addition, subtraction, or other
arithmetic function, clerical errors
resulting from inaccurate copying,
duplication, or the like, and any other
unintentional error which the
administering authority considers
ministerial.’’ With respect to final
results of administrative reviews, 19
CFR 351.224(e) provides that Commerce
‘‘will analyze any comments received
and, if appropriate . . . correct any
ministerial error by amending . . . the
final results of review.’’
Ministerial Error
In the Final Results, Commerce made
an inadvertent error within the meaning
of section 751(h) of the Act and 19 CFR
351.224(f) with respect to the treatment
of home market sales made during the
‘‘window period,’’ of three months
before the POR and two months after the
1 See Certain Carbon and Alloy Steel Cut-ToLength Plate from Italy: Final Results of
Antidumping Duty Administrative Review; 2022–
2023, 89 FR 48562 (June 7, 2024) (Final Results).
2 See Memorandum, ‘‘Deadline for Ministerial
Error Comments,’’ dated June 5, 2024.
3 See NVR’s Letter, ‘‘Ministerial Error
Comments,’’ dated Juene 10, 2024 (NVR’s
Ministerial Error Allegation).
E:\FR\FM\28JNN1.SGM
28JNN1
53952
Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Notices
POR. Accordingly, pursuant to 19 CFR
351.224(e), Commerce is amending the
Final Results to correct for this
ministerial error.4 This correction
results in a change to NVR’s weightedaverage dumping margin. For a
complete description and analysis of the
specific inadvertent error, and NVR’s
ministerial error allegation, see the
accompanying Ministerial Error
Allegation Memorandum.5 The
Ministerial Error Allegation
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.
Amended Final Results of Review
As a result of correcting the
ministerial error described above, we
determine that the following estimated
weighted-average dumping margin
exists for the period May 1, 2022,
through April 30, 2023:
Exporter/producer
NLMK Verona S.p.A .................
Weightedaverage
dumping
margin
(percent)
15.63
Disclosure
Commerce intends to disclose the
calculations performed in connection
with these amended final results of
review to interested parties within five
days after public announcement of the
amended final results or, if there is no
public announcement, within five days
of the date of publication of the notice
of amended final results in the Federal
Register, in accordance with 19 CFR
351.224(b).
khammond on DSKJM1Z7X2PROD with NOTICES
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
appropriate entries of subject
merchandise in accordance with these
amended final results of review.
Pursuant to 19 CFR 351.212(b)(1), for
NVR, we calculated importer-specific ad
valorem AD assessment rates based on
the ratio of the total amount of dumping
4 See
Memorandum, ‘‘Administrative Review of
the Antidumping Duty Order on Certain Carbon and
Alloy Steel Cut-To- Length Plate from Italy; 2022–
2023: Allegation of Ministerial Error in the Final
Results,’’ dated concurrently with this notice
(Ministerial Error Allegation Memorandum).
5 Id.
VerDate Sep<11>2014
19:25 Jun 27, 2024
Jkt 262001
calculated for the examined sales for
each importer to the total entered value
of the sales for each importer. Where an
importer-specific AD assessment rate is
zero or de minimis, within the meaning
of 19 CFR 351.106(c)(1), Commerce 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 such entries at the all-others
rate established in the less-than-fairvalue (LTFV) investigation 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 amended 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 amended cash deposit
requirements will be effective
retroactively upon publication of the
amended final results of this
administrative review in the Federal
Register, for all shipments of the subject
merchandise entered, or were
withdrawn from warehouse, for
consumption on or after June 7, 2024,
the publication date of the Final Results,
as provided by section 751(a)(2)(C) of
the Act: (1) the amended cash deposit
rate for NVR will be equal to the
weighted-average dumping margin
established in these amended 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
merchandise exported by companies not
covered in this review but covered in a
prior segment of this proceeding, the
cash deposit rate will continue to be the
company-specific rate published in the
completed segment for the most recent
6 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).
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
period; (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 rate 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 allothers rate established in the LTFV
investigation.7 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
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 also serves as the only
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 the terms of an APO is
a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these
results in accordance with sections
751(h) and 777(i)(1) of the Act, and 19
CFR 351.224(e).
Dated: June 24, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, performing the non-exclusive
functions and duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2024–14314 Filed 6–27–24; 8:45 am]
BILLING CODE 3510–DS–P
7 Id.
E:\FR\FM\28JNN1.SGM
28JNN1
]]>Agencies
[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 53951-53952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14314]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy:
Amended Final Results of Antidumping Duty Administrative Review; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is amending the
final results of the administrative review of the antidumping duty (AD)
order on certain carbon and alloy steel cut-to-length plate (CTL plate)
from Italy to correct a ministerial error. The period of review (POR)
is May 1, 2022, through April 30, 2023.
DATES: Applicable June 28, 2024.
FOR FURTHER INFORMATION CONTACT: Sean Grossnickle, 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) 482-3818.
SUPPLEMENTARY INFORMATION:
Background
On June 7, 2024, Commerce published in the Federal Register the
Final Results of the 2022-2023 administrative review of the AD order on
CTL plate from Italy.\1\ On June 5, 2024, Commerce disclosed its
calculations and provided interested parties with the opportunity to
submit ministerial error comments.\2\ On June 10, 2024, NLMK Verona
S.p.A. (NVR), a mandatory respondent in this review, submitted a timely
ministerial error allegation.\3\ No other party submitted a ministerial
error allegation or rebutted NVR's ministerial error allegation. We are
amending the Final Results to correct the ministerial error alleged by
NVR.
---------------------------------------------------------------------------
\1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Italy: Final Results of Antidumping Duty Administrative Review;
2022-2023, 89 FR 48562 (June 7, 2024) (Final Results).
\2\ See Memorandum, ``Deadline for Ministerial Error Comments,''
dated June 5, 2024.
\3\ See NVR's Letter, ``Ministerial Error Comments,'' dated
Juene 10, 2024 (NVR's Ministerial Error Allegation).
---------------------------------------------------------------------------
Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act),
defines a ``ministerial error'' as including ``errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other
unintentional error which the administering authority considers
ministerial.'' With respect to final results of administrative reviews,
19 CFR 351.224(e) provides that Commerce ``will analyze any comments
received and, if appropriate . . . correct any ministerial error by
amending . . . the final results of review.''
Ministerial Error
In the Final Results, Commerce made an inadvertent error within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect
to the treatment of home market sales made during the ``window
period,'' of three months before the POR and two months after the
[[Page 53952]]
POR. Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending
the Final Results to correct for this ministerial error.\4\ This
correction results in a change to NVR's weighted-average dumping
margin. For a complete description and analysis of the specific
inadvertent error, and NVR's ministerial error allegation, see the
accompanying Ministerial Error Allegation Memorandum.\5\ The
Ministerial Error Allegation 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.
---------------------------------------------------------------------------
\4\ See Memorandum, ``Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel Cut-To- Length Plate
from Italy; 2022-2023: Allegation of Ministerial Error in the Final
Results,'' dated concurrently with this notice (Ministerial Error
Allegation Memorandum).
\5\ Id.
---------------------------------------------------------------------------
Amended Final Results of Review
As a result of correcting the ministerial error described above, we
determine that the following estimated weighted-average dumping margin
exists for the period May 1, 2022, through April 30, 2023:
------------------------------------------------------------------------
Weighted-
average
Exporter/producer dumping
margin
(percent)
------------------------------------------------------------------------
NLMK Verona S.p.A.......................................... 15.63
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose the calculations performed in
connection with these amended final results of review to interested
parties within five days after public announcement of the amended final
results or, if there is no public announcement, within five days of the
date of publication of the notice of amended final results 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 appropriate
entries of subject merchandise in accordance with these amended final
results of review.
Pursuant to 19 CFR 351.212(b)(1), for NVR, we calculated importer-
specific ad valorem AD assessment rates based on the ratio of the total
amount of dumping calculated for the examined sales for each importer
to the total entered value of the sales for each importer. Where an
importer-specific AD assessment rate is zero or de minimis, within the
meaning of 19 CFR 351.106(c)(1), Commerce 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 such entries at the
all-others rate established in the less-than-fair-value (LTFV)
investigation of 6.08 percent ad valorem,\6\ if there is no rate for
the intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------
\6\ 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).
---------------------------------------------------------------------------
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the amended 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 amended cash deposit requirements will be effective
retroactively upon publication of the amended final results of this
administrative review in the Federal Register, for all shipments of the
subject merchandise entered, or were withdrawn from warehouse, for
consumption on or after June 7, 2024, the publication date of the Final
Results, as provided by section 751(a)(2)(C) of the Act: (1) the
amended cash deposit rate for NVR will be equal to the weighted-average
dumping margin established in these amended 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 merchandise exported by
companies not covered in this review but covered in a prior segment of
this 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 is,
then the cash deposit rate will be the rate 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.\7\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
---------------------------------------------------------------------------
\7\ Id.
---------------------------------------------------------------------------
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) 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 also serves as the only 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
the terms of an APO is a violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: June 24, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2024-14314 Filed 6-27-24; 8:45 am]
BILLING CODE 3510-DS-P
