[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