[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Notices]
[Pages 13522-13524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05959]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-849]


Certain Cut-to-Length Carbon Steel Plate From the People's 
Republic of China: Final Results of Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 21, 2014, the Department of Commerce (the 
``Department'') published the preliminary results and partial 
rescission of the 2012-2013 administrative review of the antidumping 
duty order on certain cut-to-length carbon steel plate (``CTL plate'') 
from the People's Republic of China (``PRC''), in accordance with 
section 751(a)(1)(B) of the Tariff Act of 1930, as amended (``the 
Act'').\1\ The period of review (``POR'') is November 1, 2012, through 
October 31, 2013. This review covers two PRC companies:

[[Page 13523]]

Hunan Valin Xiangtan Iron & Steel Co., Ltd. (``Hunan Valin''), and 
Zhengzhou Shangdao Iron & Steel Co. (``Zhengzhou Shangdao''). The 
Department invited interested parties to comment on the Preliminary 
Results. No parties commented. Accordingly, our final results remain 
unchanged from the Preliminary Results.
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    \1\ See Certain Cut-to-Length Carbon Steel Plate From the 
People's Republic of China: Preliminary Results of Antidumping 
Administrative Review; 2012-2013, 79 FR 69425 (November 21, 2014) 
(``Preliminary Results'').

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DATES: Effective Date: March 16, 2015.

FOR FURTHER INFORMATION CONTACT: Patrick O'Connor, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
0989.

SUPPLEMENTARY INFORMATION: 

Background

    On November 21, 2014, the Department published the Preliminary 
Results. We invited interested parties to submit comments on the 
Preliminary Results, but no comments were received.

Scope of the Order

    The product covered by the order is certain cut-to-length carbon 
steel plate from the PRC. Included in this description is hot-rolled 
iron and non-alloy steel universal mill plates (i.e., flat-rolled 
products rolled on four faces or in a closed box pass, of a width 
exceeding 150 millimeters (``mm'') but not exceeding 1250 mm and of a 
thickness of not less than 4 mm, not in coils and without patterns of 
relief), of rectangular shape, neither clad, plated nor coated with 
metal, whether or not painted, varnished, or coated with plastics or 
other nonmetallic substances; and certain iron and non-alloy steel 
flat-rolled products not in coils, of rectangular shape, hot-rolled, 
neither clad, plated nor coated with metal, whether or not painted, 
varnished, or covered with plastics or other nonmetallic substances, 
4.75 mm or more in thickness and of a width which exceeds 150mm and 
measures at least twice the thickness. Included as subject merchandise 
in this order are flat-rolled products of nonrectangular cross-section 
where such cross-section is achieved subsequent to the rolling process 
(i.e., products which have been ``worked after rolling'')--for example, 
products which have been beveled or rounded at the edges. This 
merchandise is 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, 
7208.53.0000, 7208.90.0000, 7210.70.3000, 7212.40.5000, and 
7212.50.0000. Although the HTSUS subheadings are provided for 
convenience and customs purposes, the written description of the scope 
of the order is dispositive. Specifically excluded from subject 
merchandise within the scope of the order is grade X-70 steel plate.

Final Determination of No Shipments

    In the Preliminary Results, we determined that Hunan Valin did not 
have any reviewable transactions during the POR because Hunan Valin 
submitted a timely-filed certification that it had no shipments of 
subject merchandise during the POR and U.S. import data did not show 
any POR entries of Hunan Valin's subject merchandise.\2\ We did not 
receive information from U.S. Customs and Border Protection (``CBP'') 
indicating that there were reviewable transactions for Hunan Valin 
during the POR. Consistent with the Department's assessment practice in 
non-market economy (``NME'') cases, we stated in the Preliminary 
Results that the Department would not rescind the review in these 
circumstances but, rather, would complete the review with respect to 
Hunan Valin and issue appropriate instructions to CBP based on the 
final results of the review.\3\ As stated above, we did not receive any 
comments on our Preliminary Results. In these final results, we 
continue to determine that Hunan Valin had no reviewable transactions 
of subject merchandise during the POR.
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    \2\ See Preliminary Results, and accompanying Decision 
Memorandum, at 3.
    \3\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
Practice Refinement''); see also the ``Assessment'' section of this 
notice, below.
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Treatment of Zhengzhou Shangdao

    In the Preliminary Results, we determined that because Zhengzhou 
Shangdao did not respond to the questionnaire and did not provide 
separate rate information, it did not establish its eligibility for 
separate rate status and is part of the PRC-wide entity.\4\ The 
Department then preliminarily determined that it had to rely on facts 
otherwise available to assign a dumping margin to the PRC-wide entity 
in accordance with sections 776(a)(1), 776(a)(2)(A), and 776(a)(2)(C) 
of the Act, because necessary information was not on the record, the 
PRC-wide entity (Zhengzhou Shangdao) had withheld information that was 
requested of it, and, by not providing requested information, the 
entity had significantly impeded the proceeding. We further 
preliminarily found that Zhengzhou Shangdao's failure to provide the 
requested information constituted circumstances under which the company 
and, hence, the PRC-wide entity, had not acted to the best of its 
ability to comply with the Department's request for information. We 
therefore preliminarily determined, pursuant to section 776(b) of the 
Act, that the PRC-wide entity failed to cooperate by not acting to the 
best of its ability and that, accordingly, when selecting from among 
the facts otherwise available, an adverse inference was warranted with 
respect to the PRC-wide entity.
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    \4\ See Preliminary Results, and accompanying Decision 
Memorandum, at 3-4.
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    Therefore, for these final results, the Department finds that 
Zhengzhou Shangdao is part of the PRC-wide entity and that the use of 
adverse facts available is warranted with respect to the PRC-wide 
entity.

Final Results of Review

    The Department determines that the following weighted-average 
dumping margin exists for the period November 1, 2012, through October 
31, 2013:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                              dumping
                                                              margin
                                                             (percent)
------------------------------------------------------------------------
PRC-wide entity \5\.....................................          128.59
------------------------------------------------------------------------

     
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    \5\ The PRC-wide entity includes Zhengzhou Shangdao Iron & Steel 
Co.
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Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review.\6\ The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review. The 
Department intends to instruct CBP to liquidate entries of subject 
merchandise from Zhengzhou Shangdao at the PRC-wide rate of 128.59 
percent. Additionally, consistent with the Department's assessment 
practice refinement in NME cases, because the Department determined 
that Hunan Valin had no reviewable transactions of subject merchandise 
during the POR, any suspended entries that entered under Hunan Valin's 
antidumping duty case number (i.e., at that exporter's rate) will be 
liquidated at the PRC-wide rate.\7\
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    \6\ See 19 CFR 351.212(b)(1).
    \7\ See Assessment Practice Refinement.

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[[Page 13524]]

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For Hunan Valin, which 
claimed no shipments, the cash deposit rate will remain unchanged from 
the rate assigned to this company in the most recently completed review 
of the company; (2) for previously investigated or reviewed PRC and 
non-PRC exporters which are not under review in this segment of the 
proceeding but which have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, including Zhengzhou 
Shangdao, the cash deposit rate will be the PRC-wide rate of 128.59 
percent; and (4) for all non-PRC exporters of subject merchandise which 
have not received their own rate, the cash deposit rate will be the 
rate applicable to the PRC exporter(s) that supplied that non-PRC 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers Regarding the Reimbursement of Duties

    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 POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to the 
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). Timely notification of the 
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.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: March 9, 2015.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-05959 Filed 3-13-15; 8:45 am]
 BILLING CODE 3510-DS-P