[Federal Register Volume 84, Number 39 (Wednesday, February 27, 2019)]
[Notices]
[Pages 6372-6373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03422]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-844]
Carbon and Alloy Steel Cut-to-Length Plate From the Federal
Republic of Germany: Preliminary Results and Partial Rescission of the
Antidumping Duty Administrative Review; 2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminary determines
that sales of certain carbon and alloy steel cut-to-length plate (CTL
plate) from the Federal Republic of Germany (Germany) were made at less
than normal value during the period of review (POR), November 14, 2016,
through April 30, 2018. We invite interested parties to comment on
these preliminary results.
DATES: Applicable February 27, 2019.
FOR FURTHER INFORMATION CONTACT: David Goldberger or Ross Belliveau,
AD/CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-4136 or (202)
482-4952, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The products covered by the order are certain carbon and alloy
steel hot-rolled or forged flat plate products not in coils, whether or
not painted, varnished, or coated with plastics or other non-metallic
substances from Germany. Products subject to the order are 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, 7211.13.0000, 7211.14.0030,
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050,
7226.20.0000, and 7226.91.5000. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the merchandise subject to this scope is dispositive.\1\
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\1\ For a full description of the scope of the order, see
Memorandum entitled ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the 2016-2018 Administrative
Review of the Antidumping Duty Order on Certain Carbon and Alloy
Steel Cut-to-Length Plate from the Federal Republic of Germany,''
dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Pursuant to sections 776(a) and (b) of the Act, Commerce preliminarily
relied upon the facts otherwise available with adverse inferences (AFA)
to determine the margin for Ilsenburger Grobblech GmbH, Salzgitter
Mannesmann Grobblech GmbH, Salzgitter Flachstahl GmbH, and Salzgitter
Mannesmann International GmbH (collectively, Salzgitter), the sole
remaining mandatory respondent selected for review, because Salzgitter
did not respond to Commerce's questionnaire in this administrative
review. For a complete explanation of the methodology and analysis
underlying our preliminary application of AFA to Salzgitter, see the
Preliminary Decision Memorandum. 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
https://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 found at http://enforcement.trade.gov/frn/. The signed Preliminary
Decision Memorandum and the electronic version of the Preliminary
Decision Memorandum are identical in content. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as the
Appendix to this notice.
Partial Rescission of Review
On October 22, 2018, the petitioners \2\ withdrew their review
requests for the following companies: AG der Dillinger H[uuml]ttenwerke
(Dillinger); Perficon Steel GmbH (Perficon); Reiner Brach GmbH & Co. KG
(Reiner Brach); Rudolf Rafflenbeul Stahlwarenfabrik GmbH & Co (Rudolf
Rafflenbeul); Tenova (TAKRAF GmbH Lauchhammer) (Tenova); ThyssenKrupp
Steel Europe AG (ThyssenKrupp Steel); ThyssenKrupp Schulte GmbH
(TyssenKrupp Schulte); UPC Universal Piping GmbH (UPC); and VETTER
Umformtechnik GmbH (VETTER).\3\ In accordance with 19 CFR
351.213(d)(1), Commerce is rescinding this review, in part, with
respect to the following companies: Dillinger, Perficon, Reiner Brach,
Rudolf Rafflenbeul, Tenova, ThyssenKrupp Steel, ThyssenKrupp Schulte,
UPC, and VETTER.
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\2\ Enterprises LLC and Nucor Corporation, domestic producers
and certain of the petitioners in the underlying less-than-fair-
value investigation (hereafter, the petitioners)
\3\ See Letter from the petitioners, ``Carbon and Alloy Steel
Cut-To-Length Plate from Germany Withdrawal of Request for
Administrative Review, dated October 22, 2018. The petitioners also
withdrew their review request for Ilsenburger Grobblech GmbH (ILG).
However, this company is one of the Salzgitter entities and the
petitioners specifically indicated their intent to continue the
review with respect to Salzgitter. Accordingly, we are not
rescinding the administrative review with respect to ILG.
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Preliminary Results of the Review
As a result of this review, Commerce preliminarily determines that
a dumping margin of 174.03 percent exists for Salzgitter for the period
November 14, 2016, through April 30, 2018.
Disclosure
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
[[Page 6373]]
351.224(b). However, there are no calculations to disclose in
connection with these preliminary results because, in accordance with
section 776 of the Act, Commerce preliminarily applied AFA to
Salzgitter, the sole mandatory respondent, and Commerce has
preliminarily determined as the AFA rate the highest dumping margin
alleged in the Petition.\4\
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\4\ See Memorandum, ``Placement of Initiation Checklist on
Review Record'' (Checklist Memorandum), dated concurrently with this
Notice. The Checklist Memorandum transmits the Initiation Checklist
from the Less-Than-Fair-Value investigation, which includes
information regarding the calculation of the margins alleged in the
Petition.
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance no later than 30
days after the date of publication of this notice. Rebuttal briefs,
limited to issues raised in case briefs, may be submitted no later than
five days after the deadline date for case briefs.\5\ Pursuant to 19
CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or
rebuttal briefs in this administrative review 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.
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\5\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general
filing requirements).
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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, U.S. Department of Commerce
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.\6\ Parties should confirm by telephone the
date, time, and location of the hearing two days before the scheduled
date.
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\6\ See 19 CFR 351.310(c).
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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 5 p.m. Eastern Time (ET) on
the respective 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.
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.\7\
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\7\ 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.\8\ 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.\9\ For the companies for which we are rescinding this
review, antidumping duties shall be assessed at rates equal to the cash
deposit of estimated antidumping duties required at the time of entry,
or withdrawal from warehouse, for consumption, during the period
November 14, 2016, through April 30, 2018, in accordance with 19 CFR
351.212(c)(1)(i). We intend to issue instructions to CBP 15 days after
the publication date of the final results of this review.
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\8\ See 19 CFR 351.212(b).
\9\ See section 751(a)(2)(C) of the Act.
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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 Salzgitter 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 producer of subject
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 21.04 percent, the ``all others'' rate
established in the investigation.\10\ These deposit requirements, when
imposed, shall remain in effect until further notice.
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\10\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria, Belgium, France, the Federal Republic of Germany, Italy,
Japan, the Republic of Korea, and Taiwan: Amended Final Affirmative
Antidumping Determinations for France, the Federal Republic of
Germany, the Republic of Korea and Taiwan, and Antidumping Duty
Orders, 82 FR 24096 (May 25, 2017).
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) 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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: February 21, 2019.
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.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Application of Facts Available and Adverse Inferences
A. Use of Facts Available
B. Application of Facts Available With an Adverse Inference
C. Selection and Corroboration of Adverse Facts Available Rate
VI. Conclusion
[FR Doc. 2019-03422 Filed 2-26-19; 8:45 am]
BILLING CODE 3510-DS-P