[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Notices]
[Pages 4776-4777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02586]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-809]
Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From
the Russian Federation: 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 Novolipetsk Steel (NLMK) did not make a bona fide sale during the
period of review (POR) December 1, 2016, through November 30, 2017;
therefore, we are preliminarily rescinding this administrative review.
Interested parties are invited to comment on the preliminary results of
this review.
DATES: Applicable February 19, 2019.
FOR FURTHER INFORMATION CONTACT: John McGowan or Joshua DeMoss, AD/CVD
Operations, Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3019 or (202) 482-3362,
respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the notice of initiation of this review on
February 9, 2016.\1\ Pursuant to section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), Commerce extended these preliminary
results by 90 days until December 4, 2018.\2\ Commerce then extended
the preliminary results by an additional 30 days until January 3,
2019.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 6832 (February 9, 2016) (Initiation
Notice).
\2\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled ``Certain Hot-Rolled Carbon Steel Flat Products from the
Russian Federation: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review; 2014/2015,'' dated August
17, 2016.
\3\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations,
entitled ``Certain Hot-Rolled Carbon Steel Flat Products from the
Russian Federation: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review; 2014/2015,'' dated December
16, 2016.
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Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019.\4\ If the new
deadline falls on a non-business day, in accordance with Commerce's
practice, the deadline will become the next business day. The revised
deadline for the preliminary results is now February 12, 2019.
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\4\ See memorandum to the Record from Gary Taverman, Deputy
Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
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Scope of the Order
The product covered by this administrative review is hot-rolled
steel from Russia. The full text of the scope of the order is contained
in the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
For a full description of the methodology underlying our conclusions,
see the Preliminary Decision Memorandum, which is hereby adopted by
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 is available 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
directly at http://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content.
Preliminary Rescission of the Antidumping Administrative Review of NLMK
As discussed in the Bona Fide Sales Analysis Memorandum,\5\
Commerce preliminarily finds that the sale made by (Novolipetsk Steel)
NLMK serving as the basis for this review is not a bona fide sale.
Commerce reached this conclusion based on the totality of the record
information surrounding NLMK's reported sale, including the sales price
and quantity, the limited number of sales (i.e., one sale) that NLMK
reported during the POR, and customer correspondence.
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\5\ See Memorandum to Abdelali Elouaradia, Acting Director of
Office VI, from John C. McGowan and Joshua A. DeMoss, International
Trade Compliance Analysts entitled: ``2016-2017 Antidumping Duty
Administrative Review of Certain Hot-Rolled Flat-Rolled Carbon-
Quality Steel Products from the Russian Federation: Preliminary Bona
Fide Sales Analysis for Novolipetsk Steel,'' dated February 12,
2019.
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Because the non-bona fide sale was the only reported sale of
subject merchandise during the POR, we find that NLMK had no reviewable
transactions during this POR. Accordingly, we are preliminarily
rescinding this administrative review.\6\ Given that the factual
information used in our bona fides analysis of NLMK's sale involves
business proprietary information, see the Bona Fide Sales Analysis
Memorandum for a full discussion of the basis for our preliminary
determination.
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\6\ See 19 CFR 351.213(d)(3).
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Disclosure and Public Comment
Interested parties may submit case briefs no later than 30 days
after the date of publication of the preliminary results of review.\7\
Rebuttals to case briefs may be filed no later than five days after the
briefs are filed.\8\ All rebuttal comments must be limited to comments
raised in the case briefs.\9\
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\7\ See 19 CFR 351.309(c).
\8\ See 19 CFR 351.309(d)(1).
\9\ See 19 CFR 351.309(d)(2).
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement &
Compliance, U.S. Department of Commerce, within 30 days after the date
of publication of this
[[Page 4777]]
notice.\10\ Requests should contain the party's name, address, and
telephone number, the number of participants, and a list of the issues
to be discussed. Oral argument presentations will be limited to issues
raised in the 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 date and time to be
determined.\11\ Parties should confirm by telephone the date, time, and
location of the hearing two days before the scheduled date.
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\10\ See 19 CFR 351.310(c).
\11\ See 19 CFR 351.310(d).
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All submissions, with limited exceptions, must be filed
electronically using ACCESS. An electronically filed document must be
received successfully in its entirety by Commerce's electronic records
system, ACCESS, by 5 p.m. Eastern Time (ET) on the due 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 5 p.m. ET on the due
date.\12\
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\12\ See Antidumping and Countervailing Duty Proceedings:
Electronic Filing Procedures; Administrative Protective Order
Procedures, 76 FR 39263 (July 6, 2011).
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Commerce intends to issue the final results of this administrative
review, which will include the results of its analysis of issues raised
in any briefs received, no later than 90 days after the date these
preliminary results of review are issued pursuant to section
751(a)(2)(B) of the Act.
Assessment Rates
If Commerce proceeds to a final rescission of this administrative
review, the assessment rate to which NLMK's shipments will be subject
will not be affected by this review. If Commerce does not proceed to a
final rescission of this administrative review, pursuant to 19 CFR
351.212(b)(1), we will calculate importer-specific (or customer-
specific) assessment rates based on the final results of this review.
Cash Deposit Requirements
If Commerce proceeds to a final rescission of this administrative
review, NLMK's cash deposit rate will continue to be the all-others
rate of 184.56 percent. If Commerce issues final results for this
administrative review, Commerce will instruct CBP to collect cash
deposits, effective upon the publication of the final results, at the
rates established therein.
Notification to Importers
This notice also serves as a 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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: February 11, 2019.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Conclusion
[FR Doc. 2019-02586 Filed 2-15-19; 8:45 am]
BILLING CODE 3510-DS-P