[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