[Federal Register Volume 84, Number 114 (Thursday, June 13, 2019)]
[Notices]
[Pages 27583-27585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12499]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-812]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Austria:
Preliminary Results of the Antidumping Duty Administrative Review;
2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily finds that
sales of certain carbon and alloy steel cut-to-length plate (CTL plate)
from Austria have been made below normal value (NV) 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 June 13, 2019.
FOR FURTHER INFORMATION CONTACT: Preston Cox, 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) 482-5041.
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2018, based on timely requests for review, in accordance
with 19 CFR 351.221(c)(1)(i), we initiated an antidumping duty
administrative review on CTL plate from Austria.\1\ This review covers
two producers/exporters of the subject merchandise: Bohler Edelstahl
GmbH & Co KG (BEG) and Bohler Bleche GmbH & Co KG (BBG), and their
affiliated companies Bohler International GmbH (BIG), voestalpine
Grobblech GmbH (Grobblech), and voestalpine Steel & Service Center GmbH
(SSC) (collectively, voestalpine).\2\ The POR is November 14, 2016,
through April 30, 2018.
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 32270 (July 12, 2018).
\2\ We preliminarily find that voestalpine Bohler Edelstahl GmbH
& Co KG (vaBEG), voestalpine Bohler Bleche GmbH & Co KG (vaBBG), and
voestalpine High Performance Metals International GmbH (vaHPMI) are
the successors-in-interest to BEG, BBG, and BIG, respectively.
Additionally, we preliminarily collapsed vaBEG, vaBBG, and their
affiliated companies vaHPMI, Grobblech, and SSC (collectively,
voestalpine). See Memorandum, ``Analysis Memorandum for voestalpine
Companies in the Preliminary Results of the 2016/2018 Administrative
Review of the Antidumping Duty Order on Certain Carbon and Alloy
Steel Cut-to-Length Plate from Austria,'' dated concurrently with
and hereby adopted by this notice (Preliminary Analysis Memorandum).
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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.\3\ The revised
deadline for the preliminary results of this review was then March 12,
2019. On March 4, 2019, we extended the preliminary results of this
review to no later than June 7, 2019.\4\ For a complete description of
the events that followed the initiation of this review, see the
Preliminary Decision Memorandum.\5\ 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 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 accessed
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 an Appendix to this
notice.
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\3\ 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
affected by the partial federal government closure have been
extended by 40 days.
\4\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from Austria: Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review; 2016-2018,''
dated March 4, 2019.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2016-2018 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel Cut-To-Length Plate
from Austria,'' dated concurrently with and hereby adopted by this
notice.
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Scope of the Order
The product covered by the scope of the order is CTL plate from
Austria. For a complete description of the scope, see Preliminary
Decision Memorandum.
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).
Export price and, where appropriate, constructed export price is
calculated in accordance with section 772 of the Act. NV is calculated
in accordance with section 773 of the Act. For a full description of
the methodology underlying our conclusions, see the Preliminary
Decision Memorandum.
Preliminary Results of the Review
As a result of this review, Commerce preliminarily determines that
the following weighted-average dumping margin exists for the period
November 14, 2016, through April 30, 2018:
[[Page 27584]]
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Weighted-
average
Exporter/manufacturer dumping
margin
(percent)
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voestalpine Bohler Edelstahl GmbH & Co KG, voestalpine 51.48
Bohler Bleche GmbH & Co KG, voestalpine High Performance
Metals International GmbH, voestalpine Grobblech GmbH,
voestalpine Steel & Service Center GmbH....................
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Disclosure and Public Comment
Commerce will disclose to parties to the proceeding any
calculations performed in connection with these preliminary results of
review within five days after the date of publication of this
notice.\6\ Interested parties may submit case briefs not later than 30
days after the date of publication of this notice in the Federal
Register.\7\ Rebuttal briefs, limited to issues raised in the case
briefs, may be filed no later than five days after the deadline for
filing case briefs.\8\ Parties who submit case or rebuttal briefs in
this proceeding are requested to submit with each argument: (1) A
statement of the issue; (2) a brief summary of the argument; and (3) a
table of authorities.\9\ Case and rebuttal briefs should be filed using
ACCESS.\10\
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\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c)(1)(ii).
\8\ See 19 CFR 351.309(d)(1).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303.
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Interested parties who wish to request a hearing must submit a
written request to the Assistant Secretary for Enforcement and
Compliance within 30 days of the date of publication of this
notice.\11\ Requests should contain: (1) The party's name, address and
telephone number; (2) the number of participants; and (3) 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.\12\
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.\13\
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
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Parties are reminded that briefs and hearing requests are to be
filed electronically using ACCESS and that electronically filed
documents must be received successfully in their entirety by 5:00 p.m.
Eastern Time on the due date.
Unless extended, Commerce intends to issue the final results of
this administrative review, which will include the results of our
analysis of all issues raised in the case briefs, within 120 days of
publication of these preliminary results in the Federal Register,
pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\14\ 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.\15\ We intend to issue instructions to CBP 15
days after the publication date of the final results of this review.
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\14\ See 19 CFR 351.212(b).
\15\ See section 751(a)(2)(C) of the Act.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this 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 voestalpine will
be equal to the weighted-average dumping margin established in the
final results of this administrative review, except if the rate is zero
or de minimis within the meaning of 19 CFR 351.106(c)(1), in which case
the cash deposit rate will be zero; (2) for previously reviewed or
investigated companies not listed above, the cash deposit rate will
continue to be the company-specific rate published for the most
recently completed segment of this proceeding in which they were
reviewed; (3) if the exporter is not a firm covered in this review, a
prior review, or in the 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
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be the all-others rate of 28.57 percent from
the investigation. These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and sections 19 CFR
351.213(h)(1) and 351.221(b)(4).
Dated: June 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Antidumping and Countervailing Duty Operations.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Successor-in-Interest
V. Affiliation and Collapsing of Affiliates
VI. Discussion of the Methodology
A. Comparisons to Normal Value
B. Determination of Comparison Method
C. Results of the Differential Pricing Analysis
VII. Product Comparisons
VIII. Date of Sale
IX. Export Price and Constructed Export Price
X. Normal Value
A. Home Market Viability and Selection of Comparison Market
B. Affiliated Party Transactions and Arm's-Length Test
C. Level of Trade
D. Cost of Production Analysis
1. Calculation of Cost of Production
2. Test of Comparison Market Sales Prices
3. Results of the COP Test
E. Calculation of Normal Value Based on Comparison Market Prices
XI. Currency Conversion
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XII. Recommendation
[FR Doc. 2019-12499 Filed 6-12-19; 8:45 am]
BILLING CODE 3510-DS-P