[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Notices]
[Pages 18241-18242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08707]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-602-809]
Certain Hot-Rolled Steel Flat Products From Australia: Final
Results of Antidumping Duty Administrative Review; 2016-2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and BlueScope
Steel Distribution Pty Ltd. (collectively, BlueScope) made sales of
certain hot-rolled steel flat products from Australia at less than
normal value during the period of review (POR), March 22, 2016, through
September 30, 2017.
DATES: Applicable April 30, 2019.
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
Commerce published the Preliminary Results of this antidumping duty
administrative review on certain hot-rolled steel flat products from
Australia on November 14, 2018.\1\ For events subsequent to the
Preliminary Results, see Commerce's Issues and Decision Memorandum.\2\
We invited interested parties to comment on the Preliminary Results. On
December 14, 2018, Commerce received a timely filed case brief from
BlueScope.\3\ On December 19, 2018, Commerce received a timely filed
rebuttal brief from United States Steel Corporation, ArcelorMittal USA,
Nucor Corporation, AK Steel Corporation, Steel Dynamics, and SSAB
Enterprises (collectively, the petitioners). On March 5, 2019, Commerce
held a public hearing. Commerce conducted this review in accordance
with section 751 of the Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Hot-Rolled Steel Flat Products from Australia:
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 56817 (November 14, 2018) (Preliminary Results).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Antidumping Duty Administrative Review: Certain Hot-Rolled Steel
Flat Products from Australia; 2016-2017,'' dated concurrently with,
and hereby adopted by, this notice (Issues and Decision Memorandum).
\3\ 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).
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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 final results decision is now April 23, 2019.
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\4\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019.
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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
Issues and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this
[[Page 18242]]
administrative review are addressed in the Issues and Decision
Memorandum. A list of the issues that parties raised and to which we
responded is attached to this notice as an Appendix. The Issues and
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 in the Central Records
Unit, Room B8024 of the main Department of Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at http://enforcement.trade.gov/frn/index.html.
The signed Issues and Decision Memorandum and the electronic versions
of the Issues and Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our review of the record and comments received from
interested parties regarding our Preliminary Results, Commerce has made
no changes to the Preliminary Results. As stated in the Preliminary
Results, we found that the application of total facts otherwise
available with adverse inferences, for BlueScope's dumping margin,
pursuant to sections 776(a) and (b) of the Act, was warranted.
Final Results of the Review
We determine that, for the period of March 22, 2016, through
September 30, 2017, the following dumping margin exists:
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Dumping
Exporter/producer margin
(percent)
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BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and 99.20
BlueScope Steel Distribution Pty Ltd.......................
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Disclosure
The final dumping margin assigned to BlueScope for the final
results in this review is based on total facts available with adverse
inferences. Accordingly, no disclosure of calculations is necessary for
these final results.
Assessment Rate
Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 351.212(b),
Commerce has determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with the final results of this review.
Commerce shall instruct CBP to apply an ad valorem assessment rate of
99.20 percent to all entries of subject merchandise during the POR
which were produced and/or exported by BlueScope.
We intend to issue assessment instructions directly to CBP 15 days
after publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review 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 BlueScope will
be the rate established in the final results of this administrative
review; (2) for merchandise exported by producers or exporters not
covered in this administrative review but covered in a prior segment of
the proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recently completed segment of this
proceeding; (3) if the exporter is not a firm covered in this review, a
prior review, or the original investigation, but the producer is, the
cash deposit rate will be the rate established for the most recently
completed segment of this proceeding for the producer of the 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 original investigation.\5\ These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\5\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016).
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Notification to Importers
This notice also serves as a final 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 and/or countervailing duties occurred and
the subsequent assessment of doubled antidumping duties.
Notification Regarding Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing these final results of administrative
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act
and 19 CFR 351.213(h) and 351.221(b)(5) of Commerce's regulations.
Dated: April 23, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of Issues
Comment 1: Whether Commerce's Application of AFA to BlueScope
was Warranted
Comment 2: Whether Using the Petition Rate as the AFA Rate was
Appropriate
VI. Recommendation
[FR Doc. 2019-08707 Filed 4-29-19; 8:45 am]
BILLING CODE 3510-DS-P