87 FR 24 pgs. 6485-6487 - Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
Type: NOTICEVolume: 87Number: 24Pages: 6485 - 6487
Pages: 6485, 6486, 6487Docket number: [A-475-834]
FR document: [FR Doc. 2022-02280 Filed 2-3-22; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version: PDF Version
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2019-2020
AGENCY:
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY:
The Department of Commerce (Commerce) determines that producers and/or exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR), May 1, 2019, through April 30, 2020. Additionally, Commerce determines that a company for which we initiated a review had no shipments during the POR.
DATES:
Applicable February 4, 2022.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4682 or (202) 482-3693, respectively.
SUPPLEMENTARY INFORMATION:
Background
This review covers ten producers and/or exporters of the subject merchandise. Commerce selected two companies, NLMK Verona SpA (NVR) and Officine Tecnosider s.r.l. (OTS), for individual examination. The producers and/or exporters not selected for individual examination are listed in the "Final Results of the Review" section of this notice.
On August 4, 2021, Commerce published the Preliminary Results. 1 In September 2021, certain of the petitioners? 2 and NVR submitted case and rebuttal briefs. On November 30, 2021, we extended the deadline for the final results by 57 days, until January 28, 2022. 3 For a description of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum. 4
Footnotes:
1 ? See Certain Carbon and Alloy Steel Cut-To-Length Plate from Italy: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020, 86 FR 41953 (August 4, 2021) ( Preliminary Results ).
2 ?Nucor Corporation.
3 ? See Memorandum, "Extension of Deadline for Final Results of 2019-2020 Antidumping Duty Administrative Review," dated November 30, 2021.
4 ? See Memorandum, "Issues and Decision Memorandum for the Final Results of the 2019-2020 Administrative Review of the Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-To-Length Plate from Italy," dated concurrently with, and hereby adopted by, these results (Issues and Decision Memorandum).
Commerce conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).
Scope of the Order
The products covered by the order are certain carbon and alloy steel hot-rolled or forged flat plate products not in coils, whether or not painted, varnished, or coated with plastics or other non-metallic substances from Italy. Products subject to the order are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 7226.91.5000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive. 5
Footnotes:
5 ?For a full description of the scope of the order, see Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the appendix to this notice and addressed in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Determination of No Shipments
As noted in the Preliminary Results, we received a no-shipment claim from one company involved in this administrative review, Lyman Steel Company (Lyman). In the Preliminary Results, we preliminarily determined that Lyman had no reviewable transactions during the POR. We received no comments from interested parties with respect to this claim. Therefore, because the record indicates that this company did not export subject merchandise to the United States during the POR, we continue to find that Lyman had no reviewable transactions during the POR. Accordingly, consistent with Commerce's practice, we intend to instruct U.S. Customs and Border Protection (CBP) to liquidate any existing entries of merchandise produced by Lyman, but exported by other parties, at the rate for the intermediate reseller, if available, or at the all-others rate. 6
Footnotes:
6 ? See, e.g., Magnesium Metal from the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010).
Changes Since the Preliminary Results
Based on a review of the record and comments received from interested parties regarding our Preliminary Results, we made changes to the preliminary weighted-average margin calculations for OTS, NVR, and those companies not selected for individual review. 7
Footnotes:
7 ? See Issues and Decision Memorandum.
Rate for Non-Selected Respondents
[top] The Act and Commerce's regulations do not address the establishment of a
In this review, we have calculated a weighted-average dumping margin for the non-selected companies by using the weighted-average calculated rates of the mandatory respondents, NVR and OTS, which are not zero, de minimis, or determined entirely on the basis of facts available. 8 For these final results, we have calculated a weighted-average dumping margin for OTS that is zero. Accordingly, we have assigned to the companies not individually examined the weighted-average dumping margin calculated for NVR.
Footnotes:
8 ? See section 735(c)(5)(A) of the Act.
Final Results of the Review
We are assigning the following weighted-average dumping margins to the firms listed below for the period May 1, 2019, through April 30, 2020:
| Exporters/producers | Weighted-average dumping margin (percent) |
|---|---|
| NLMK Verona SpA | 1.57 |
| Officine Tecnosider s.r.l | 0.00 |
| Rate Applicable to the Following Non-Selected Companies: | |
| Arvedi Tubi Acciaio | 1.57 |
| C.M.T. Construzioni Meccaniche di Taglione Emilio & C. S.a.s | 1.57 |
| MAM s.r.1 | 1.57 |
| O.ME.P SpA | 1.57 |
| Ofar SpA | 1.57 |
| Sesa SpA | 1.57 |
| Tim-Cop Doo Temerin | 1.57 |
Disclosure
Commerce intends to disclose the calculations performed in connection with these final results of review to parties in this review within five days after public announcement of the final results or, if there is no public announcement, within five days of the date of publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 351.212(b)(1), Commerce has determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.
Where the respondent did not report entered value or reported amounts based on estimated data, we calculated the entered value in order to calculate the assessment rate. Where either the respondent's weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.
For the companies that were not selected for individual review, we will assign an assessment rate based on the cash deposit rate calculated for NVR. 9 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. 10
Footnotes:
9 ?This rate was calculated as discussed in the Section, "Rate for Non-Selected Respondents," above.
10 ? See section 751(a)(2)(C) of the Act.
Commerce's "automatic assessment" will apply to entries of subject merchandise during the POR produced by companies included in these final results of review for which the reviewed companies did not know that the merchandise they sold to the intermediary ( e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. As indicated above, for Lyman, we will instruct CBP to liquidate any existing entries of merchandise produced by Lyman, but exported by other parties, at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.
Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register . If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired ( i.e., within 90 days of publication).
Cash Deposit Requirements
[top] The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific company listed above will be that established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously investigated companies not participating in this review, the cash deposit will continue to be the
Footnotes:
11 ? See Certain Carbon and Alloy Steel Cut-To-Length Plate from Austria, Belgium, France, the Federal Republic of Germany, Italy, Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative Antidumping Determinations for France, the Federal Republic of Germany, the Republic of Korea, and Taiwan, and Antidumping Duty Orders, 82 FR 24096, 24098 (May 25, 2017).
Notification to Importers
This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
Notification to Interested Parties
This notice is being issued in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.221(b)(5).
Dated: January 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Margin Calculations
V. Discussion of the Issues
Comment 1: NVR's Major Input Rule
Comment 2: Whether Commerce Should Adjust NVR's Total Cost of Manufacturing (TOTCOM) Calculation for Unsupported Adjustments in Its Overall Reconciliation
Comment 3: NVR's General and Administrative (G&A) Expense Calculation
Comment 4: NVR's Interest Income Calculation
Comment 5: Whether Section 232 Duties Should be Deducted From U.S. Price
Comment 6: Section 232 Duties Calculation for NVR
VI. Recommendation
[FR Doc. 2022-02280 Filed 2-3-22; 8:45 am]
BILLING CODE 3510-DS-P