[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56817-56819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24793]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-809]


Certain Hot-Rolled Steel Flat Products From Australia: 
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that sales of certain hot-rolled steel flat products from Australia 
were made at less than normal value during the period of review (POR), 
March 22, 2016, through September 30, 2017. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable November 14, 2018.

FOR FURTHER INFORMATION CONTACT: Amanda Brings, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3927.

SUPPLEMENTARY INFORMATION: 

Background

    On December 7, 2017, Commerce initiated the antidumping duty 
administrative review on certain hot-rolled steel flat products from 
Australia.\1\ This review covers one producer/exporter of the subject 
merchandise, the collapsed entity BlueScope Steel Ltd., BlueScope Steel 
(AIS) Pty Ltd., and BlueScope Steel Distribution Pty Ltd. 
(collectively,

[[Page 56818]]

BlueScope).\2\ For a detailed description of the events that followed 
the initiation of this review, see the Preliminary Decision Memorandum, 
dated concurrently with these preliminary results and hereby adopted by 
this notice.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 57705 (December 7, 2017).
    \2\ In the investigation, Commerce found that BlueScope Steel 
Ltd., BlueScope Steel (AIS) Pty Ltd., and BlueScope Steel 
Distribution Pty Ltd. (collectively, BlueScope) are a single entity 
and, because there were no changes to the facts which supported that 
decision since that determination was made, we continue to find that 
these companies are a single entity for this administrative review. 
See Certain Hot-Rolled Steel Flat Products from Australia: Final 
Determination of Sales at Less Than Fair Value, 81 FR 53406, 53407 
(August 12, 2016).
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Certain Hot-
Rolled Steel Flat Products from Australia; 2016-2017,'' dated 
concurrently with this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The product covered by this review is certain hot-rolled steel flat 
products from Australia. For a full description of the scope, see the 
Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (a)(2) of the Tariff Act of 1930, as amended (the 
Act). For a full description of the methodology underlying our 
administrative review preliminary results, see the Preliminary Decision 
Memorandum. A list of the topics included in the Preliminary Decision 
Memorandum is included as an 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 http://access.trade.gov, and to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the 
electronic version of the Preliminary Decision Memorandum are identical 
in content.

Adverse Facts Available

    Because mandatory respondent BlueScope has failed to provide 
requested information and has failed to cooperate by not acting to the 
best of its ability to comply with the requests for information from 
Commerce in this review, we preliminarily determine to apply facts 
otherwise available with an adverse inference (AFA) to this respondent, 
in accordance with sections 776(a) and (b) of the Act and 19 CFR 
351.308. For a complete explanation of the analysis underlying the 
preliminary application of AFA, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    We preliminarily determine that, for the period of March 22, 2016, 
through September 30, 2017, the following dumping margin exists:

------------------------------------------------------------------------
                                                                Dumping
                      Exporter/producer                         margin
                                                               (percent)
------------------------------------------------------------------------
BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and          99.20
 BlueScope Steel Distribution Pty Ltd.......................
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Disclosure and Public Comment

    Normally, Commerce discloses to interested parties the calculations 
performed in connection with the preliminary results within five days 
of the date of publication of the notice of preliminary results in the 
Federal Register, in accordance with 19 CFR 351.224(b). However, 
because Commerce preliminarily applied AFA to BlueScope, the only 
individually examined company in this administrative review, in 
accordance with section 776 of the Act, there are no calculations to 
disclose.
    Interested parties may submit case briefs to Commerce no later than 
30 days after the date of publication of this notice.\4\ Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than five days after the date for filing case briefs.\5\ Pursuant 
to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or 
rebuttal briefs in this proceeding are encouraged to submit with each 
argument: (1) A statement of the issue; (2) a brief summary of the 
argument; and (3) a table of authorities. Case and rebuttal briefs 
should be filed using ACCESS.\6\
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    \4\ See 19 CFR 351.309(c)(1)(ii).
    \5\ See 19 CFR 351.309(d).
    \6\ See 19 CFR 351.303.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCESS. An electronically-filed document must be received successfully 
in its entirety by ACCESS by 5 p.m. Eastern Standard Time within 30 
days after the date of publication of this notice. Requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; (3) whether any participant is a foreign 
national; and (4) a list of issues parties intend to discuss. Issues 
raised in the hearing will be limited to those raised in the respective 
case and rebuttal briefs. If a request for a hearing is made, Commerce 
intends to hold the hearing at the U.S. Department of Commerce, 1401 
Constitution Avenue NW, Washington, DC 20230, at a time and date to be 
determined.\7\ Parties should confirm by telephone the date, time, and 
location of the hearing two days before the scheduled date.
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    \7\ See 19 CFR 351.310(c).
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    All submissions, with limited exceptions, must be filed 
electronically using ACCESS.\8\ An electronically filed document must 
be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern 
Time, on the due dates established above (or, where applicable, to be 
established by Commerce at a later date). Documents excepted from the 
electronic submission requirements must be filed manually, (i.e., in 
paper form) with the APO/Dockets Unit in Room 18022 and stamped with 
the date and time of receipt by on the due date.\9\
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    \8\ See 19 CFR 351.303.
    \9\ Id.
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless the deadline is extended.\10\
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    \10\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates

    Upon issuance of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries covered by this review.\11\ 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.\12\ We intend to issue instructions to CBP 15 days 
after the date of publication of the final results of this review.
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    \11\ See 19 CFR 351.212(b).
    \12\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements

    The following 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

[[Page 56819]]

administrative review, as provided by section 751(a)(2)(C) of the Act: 
(1) The cash deposit rate for BlueScope will be the rate established in 
the final results of this review; (2) for previously reviewed or 
investigated companies not participating in this review, 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 was reviewed; (3) if the exporter is not a firm covered in this 
review, a prior review, or the less-than-fair value (LTFV) 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently-completed segment of this 
proceeding for the manufacturer of subject merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 29.58 percent, the all-others rate established in the 
LTFV investigation.\13\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \13\ See Antidumping Duty Order.
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Notification to Importers

    This notice serves as a preliminary 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 Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    The preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: November 1, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Use of Facts Otherwise Available and Adverse Inferences
V. Conclusion

[FR Doc. 2018-24793 Filed 11-13-18; 8:45 am]
 BILLING CODE 3510-DS-P