[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]]



------------------------------------------------------------------------
                                                               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

[[Page 27585]]

XII. Recommendation

[FR Doc. 2019-12499 Filed 6-12-19; 8:45 am]
BILLING CODE 3510-DS-P