[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Notices]
[Pages 38948-38949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17006]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-809]
Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products From
the Russian Federation: Final Results and Rescission 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
Novolipetsk Steel (NLMK) did not make a bona fide sale during the
period of review (POR) December 1, 2016 through November 30, 2017.
Therefore, we are rescinding this administrative review.
DATES: Applicable August 8, 2019.
FOR FURTHER INFORMATION CONTACT: John McGowan or Joshua DeMoss, 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) 482-3019 or (202) 482-3362,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 19, 2019, Commerce published the Preliminary Results of
this review in the Federal Register \1\ and invited parties to comment
on the Preliminary Results. On March 25, 2019, we received case briefs
from NLMK and the Ministry of Economic Development of the Russian
Federation. On April 1, 2019, we received a rebuttal brief from a
petitioner (i.e., Nucor Corporation). Further, on June 27, 2019, we
held a public hearing regarding issues raised in case and rebuttal
briefs.
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\1\ See Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel
Products from the Russian Federation: Preliminary Results of
Antidumping Duty Administrative Review, 84 FR 4776 (February 19,
2019) (Preliminary Results), and accompanying Preliminary Decision
Memorandum; see also Certain Hot-Rolled Flat-Rolled Carbon-Quality
Steel Products from the Russian Federation: Correction to the
Preliminary Results of the 2016-2017 Administrative Review, 84 FR
16643 (April 22, 2019).
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Scope of the Order
The product covered by this administrative review is certain hot-
rolled flat-rolled carbon-quality steel products (hot-rolled steel)
from Russia. For the full text of the scope of the order, see the
Issues and Decision Memorandum.\2\
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\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review and Final Rescission of
the Antidumping Duty Order on Certain Hot-Rolled Flat-Rolled Carbon-
Quality Steel Products from the Russian Federation; 2016-2017,''
dated concurrently with, and hereby adopted by, this notice (Issues
and Decision Memorandum).
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Analysis of the Comments Received
All issues raised in the case and rebuttal briefs submitted in this
review are addressed in the Issues and Decision Memorandum. A list of
the issues raised is attached as an appendix to this notice. 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 http://access.trade.gov and
it is available to all parties in the Central Records Unit, Room B8024
of the main 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.
[[Page 38949]]
Bona Fides Analysis
For the Preliminary Results, Commerce analyzed the bona fide nature
of NLMK's single sale and preliminarily found it was not a bona fide
sale.\3\ Based on Commerce's complete analysis of all the information
and comments on the record of this review, Commerce continues to find
that NLMK's sale is not a bona fide sale. Commerce reached this
conclusion based on its consideration of the totality of circumstances,
including: (a) The atypical nature of both the price and quantity of
the sale; (b) reason to question the arm's-length nature of the
transaction; and (c) the circumstances of the sale/customer
correspondence. In addition to the above factors, which Commerce
determined are a sufficient basis to find NLMK's sale to be non-bona
fide, it determined that additional factors--i.e., the timing of the
sale, late payment by the customer, the sales agent agreement,
affiliation concerns, and the fact that NLMK only made one sale during
the POR--constituted additional support for its non-bona fide finding.
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\3\ See Memorandum, ``2016-2017 Antidumping Duty Administrative
Review of Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel
Products from the Russian Federation: Preliminary Bona Fides Sales
Analysis for Novolipetsk Steel,'' dated February 11, 2019.
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Because we have determined that NLMK had no bona fide sales during
the POR, we are rescinding this administrative review.
Assessment
Because Commerce is rescinding this administrative review, we have
not calculated a company-specific dumping margin for NLMK. NLMK's
entries will be liquidated at the all-others rate applicable to Russian
exporters who do not have their own company-specific rate. The all-
others rate is 184.56 percent.\4\
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\4\ See Termination of the Suspension Agreement on Hot-Rolled
Flat-Rolled Carbon-Quality Steel Products from the Russian
Federation, Rescission of 2013-2014 Administrative Review, and
Issuance of Antidumping Duty Order, 79 FR 77455 (December 24, 2014).
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Cash Deposit Requirements
Because we did not calculate a dumping margin for NLMK, NLMK
continues to be subject to the all-others rate at which its merchandise
entered, 184.56 percent.\5\ These cash deposit requirements shall
remain in effect until further notice.
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\5\ Id., 79 FR at 77456.
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Administrative Protective Order
This notice also serves as a reminder to parties subject to
Administrative Protective Order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in these segments of the
proceeding. Timely written notification of the return or destruction of
APO materials, or conversion to judicial protective order, is hereby
requested. Failure to comply with the regulations and terms of an APO
is a sanctionable violation.
Notification to Importers
This notice 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 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.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended,
and 19 CFR 351.213(h) and 351.221(b)(5).
Dated: August 2, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
Comment 1: Whether ``Bona Fides'' Testing is Applicable Only to
New Shipper Reviews, and Not Administrative Reviews
Comment 2: Whether Record Evidence Confirms that NLMK's Sale Was
Not a Bona Fide Sale
Comment 3: Whether Rescinding this Administrative Review is
Appropriate
V. Recommendation
[FR Doc. 2019-17006 Filed 8-7-19; 8:45 am]
BILLING CODE 3510-DS-P