89 FR 211 pgs. 86784-86786 - Stainless Steel Plate in Coils From Belgium: Final Results of Antidumping Duty Administrative Review; 2022-2023

Type: NOTICEVolume: 89Number: 211Pages: 86784 - 86786
Docket number: [A-423-808]
FR document: [FR Doc. 2024-25396 Filed 10-30-24; 8:45 am]
Agency: Commerce Department
Sub Agency: International Trade Administration
Official PDF Version:  PDF Version
Pages: 86784, 86785, 86786

[top] page 86784

DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-808]

Stainless Steel Plate in Coils From Belgium: 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) determines that Aperam Stainless Belgium N.V. (ASB) made sales of stainless steel plate in coils from Belgium at less than normal value during the period of review (POR) May 1, 2022, through April 30, 2023.

DATES:

Applicable October 31, 2024.

FOR FURTHER INFORMATION CONTACT:

Samuel Brummitt, 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) 482-7851.

SUPPLEMENTARY INFORMATION:

Background


[top] On May 21, 1999, Commerce published the antidumping duty order on stainless steel plate in coils from Belgium. 1 Commerce initiated this administrative review with respect to four companies: ASB, ArcelorMittal Genk, Helaxa BVBA, and Industeel Belgium. 2 However, Commerce rescinded this review for three companies that did not have reviewable entries of subject merchandise during the POR. 3 As such, ASB is the only company subject to this administrative review. On June 6, 2024, Commerce published the preliminary results of this review in the Federal Register and page 86785 invited interested parties to comment. 4 On July 22, 2024, Commerce tolled certain deadlines in this administrative proceeding by seven days. 5 On October 9, 2024, Commerce extended the deadline for these final results to October 25, 2024. 6

Footnotes:

1 ? See Antidumping Duty Orders; Certain Stainless Steel Plate in Coils from Belgium, Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 64 FR 27756 (May 21, 1999) ( Order ).

2 ? See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 44262, 44263 (July 12, 2023); see also Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 88 FR 27445, 27446 (May 2, 2023).

3 ? See Stainless Steel Plate in Coils from Belgium: Preliminary Results and Rescission, In Part, of Antidumping Duty Administrative Review; 2022-2023, 89 FR 48384 (June 6, 2024) ( Preliminary Results ), and accompanying Preliminary Decision Memorandum.

4 ? Id.

5 ? See Memorandum, "Tolling of Deadlines for Antidumping and Countervailing Duty Proceedings," dated July 22, 2024.

6 ? See Memorandum, "Extension of Deadline for Final Results of Antidumping Duty Administrative Review," dated October 9, 2024.

For a complete summary of the events that have occurred since the Preliminary Results, as well as a full discussion of the issues raised by parties for these final results, see the Issues and Decision Memorandum. 7 Commerce conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).

Footnotes:

7 ? See Memorandum, "Issues and Decision Memorandum for the Final Results of Antidumping Duty Administrative Review: Stainless Steel Plate in Coils from Belgium, 2022-2023," dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).

Scope of the Order

The merchandise covered by this Order is stainless steel plate in coils from Belgium. For a complete description of the scope of the Order, see the Issues and Decision Memorandum. 8

Footnotes:

8 ? See Issues and Decision Memorandum at "Scope of the Order. "

Analysis of the Comments Received

All issues raised in the case and rebuttal briefs are addressed in the Issues and Decision Memorandum, and are identified 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, we made certain adjustments to the margin calculations for these final results, as detailed in the Issues and Decision Memorandum.

Final Results of the Review

Commerce determines that the following weighted-average dumping margin exists for the period May 1, 2022, through April 30, 2023:

Exporter/producer Weighted- average dumping margin (percent)
Aperam Stainless Belgium N.V 0.78

Disclosure

Commerce intends to disclose the calculations performed to interested parties for these final results within five days of the date of publication of this notice in the Federal Register , in accordance with 19 CFR 351.224(b).

Assessment

Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b), 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 final results of review. Pursuant to 19 CFR 351.212(b)(1), where the respondent 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 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 assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.

Commerce's "reseller policy" will apply to entries of subject merchandise during the POR produced by ASB for which the reviewed company did not know that the merchandise it sold to the intermediary ( e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction. 9

Footnotes:

9 ?For a full discussion of this practice, see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

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). The final results of this administrative review shall be the basis for the assessment of antidumping duties on entries of merchandise under review and for future cash deposits of estimated antidumping duties, where applicable.

Cash Deposit Requirements

The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) the cash deposit rate for ASB will be equal to the weighted-average dumping margin established in the final results of this administrative 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 reviewed or investigated companies not listed above, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company participated; (3) if the exporter is not a firm covered in this review, a prior review, or in the less-than-fair-value investigation (LTFV) but the producer is, 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) the cash deposit rate for all other producers or exporters will continue to be the all-others rate of 9.86 percent, the rate established in the LTFV investigation of this proceeding. 10 These cash deposit requirements, when imposed, shall remain in effect until further notice.

Footnotes:

10 ? See Order, 64 FR 27757.

Notification to Importers

This notice also 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 (APO)


[top] This notice also serves as a reminder to parties subject to an APO of their responsibility concerning the return or page 86786 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 sanctionable violation.

Notification to Interested Parties

We are issuing and publishing these final results 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).

Dated: October 25, 2024.

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: Whether Commerce Should Match Sales by PRIMEH/U

Comment 2: Whether Commerce Should Revise the Date of Sale

Comment 3: Whether Commerce Should Revise the Importer of Record in the U.S. Customs and Border Protection (CBP) Liquidation Instructions

VI. Recommendation

[FR Doc. 2024-25396 Filed 10-30-24; 8:45 am]

BILLING CODE 3510-DS-P