[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Notices]
[Pages 3028-3030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00760]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-812]


Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: 
Final Results of Antidumping Duty Administrative Review; 2016-2018

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) finds that the 
producers/exporters subject to this administrative review made sales of 
subject merchandise at less than normal value during the period of 
review (POR), November 14, 2016 through April 30, 2018.

DATES: Applicable January 17, 2020.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer or Alex Wood, 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) 482-3860 or (202) 482-1959, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers eight producers/exporters of the subject 
merchandise. Commerce selected two companies, Industeel Belgium S.A. 
(Industeel) and NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales 
Europe S.A./NLMK Manage Steel Center S.A./NLMK La Louviere S.A. 
(collectively, NLMK Belgium), for individual examination. The producers 
and/or exporters not selected for individual examination are listed in 
the ``Final Results of the Review'' section of this notice.
    On July 17, 2019, Commerce published the Preliminary Results.\1\ 
For a description of the events that occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\2\ On October 23, 
2019, we postponed the final results by 57 days, until January 10, 
2020.\3\
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    \1\ See Certain Carbon and Alloy Steel Cut-To Length Plate from 
Belgium: Preliminary Results of Antidumping Duty Administrative 
Review; 2016-2018, 84 FR 34129 (July 17, 2019) (Preliminary 
Results).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2016-2018 Administrative Review of the 
Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-To-
Length Plate from Belgium,'' dated concurrently with these results 
(Issues and Decision Memorandum), which is hereby adopted by this 
notice.
    \3\ See Memorandum, ``Carbon and Alloy Steel Cut-To-Length Plate 
from Belgium: Extension of Deadline for Final Results of 2016-2018 
Antidumping Duty Administrative Review,'' dated October 23, 2019.
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The merchandise subject to the order is certain carbon and alloy 
steel cut-to-length plate from Belgium. The product is currently 
classified under the following Harmonized Tariff Schedule on the United 
States (HTSUS) 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 numbers are provided 
for convenience and for customs purposes, the written product 
description remains dispositive. For a complete description of the 
scope of the order, see the Issues and Decision Memorandum which 
accompanies this notice.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in the 
appendix to this notice and addressed in the Issues and Decision 
Memorandum. 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 
to all interested 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 and electronic 
versions of the Issues and Decision Memorandum are identical in 
content.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made certain 
changes to the preliminary weighted-average dumping margins for 
Industeel and NLMK Belgium, and for those companies not selected for 
individual review.\4\
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    \4\ See accompanying Issues and Decision Memorandum.

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[[Page 3029]]

Final Results of the Review

    We are assigning  the following weighted-average dumping margins to 
the firms listed below for the period November 14, 2016 through April 
30, 2018:
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    \5\ This rate is based on the rates for the respondents that 
were selected for individual review, excluding rates that are zero, 
de minimis, or based entirely on facts available. See section 
735(c)(5)(A) of the Act.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producers/exporters                        dumping
                                                               margins
                                                              (percent)
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Industeel Belgium S.A......................................         4.75
NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales Europe          16.14
 S.A./NLMK Manage Steel Center S.A./NLMK La Louviere S.A...
Hengelhoef Concrete Joints NV *............................        13.53
Sarens NV *................................................        13.53
Thyssenkrupp Materials Belgium N.V. *......................        13.53
Universal Eisen und Stahl GmbH *...........................        13.53
Valvan Baling Systems *....................................        13.53
Voestalpine Belgium NV. *..................................        13.53
------------------------------------------------------------------------
* Review-Specific Average Rate \5\

Disclosure of Calculations

    We intend to disclose the calculations performed for these final 
results to parties in this proceeding within five days of the date of 
publication of this notice, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), 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.
    Pursuant to 19 CFR 351.212(b)(1), where Industeel and NLMK Belgium 
reported the entered value of their U.S. sales, we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of the sales for which entered value was reported. Where 
the respondents did not report entered value, we calculated the entered 
value in order to calculate the assessment rate. Where either the 
respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties. We further 
will instruct CBP to take into account the ``provisional measures 
deposit cap,'' in accordance with 19 CFR 351.212(d). 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.\6\
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    \6\ See section 751(a)(2)(C) of the Act.
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    Commerce's ``reseller policy'' will apply to entries of subject 
merchandise during the POR produced by companies included in these 
final results of review for which the reviewed companies did not know 
that the merchandise they sold to the intermediary (e.g., a reseller, 
trading company, or exporter) was destined for the United States. In 
such instances, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.
    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the average of the cash deposit 
rates calculated for Industeel and NLMK Belgium.\7\ 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.\8\
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    \7\ This rate was calculated as discussed in footnote 5.
    \8\ See section 751(a)(2)(C) of the Act.
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    We intend to issue liquidation instructions to CBP 15 days after 
publication of the final results of this review.

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 each specific 
company listed above will be equal to the weighted-average dumping 
margin that is established in the final results of this review, except 
if the rate is less than 0.50 percent and, therefore, de minimis within 
the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit 
rate will be zero; (2) for companies not participating in this review, 
the cash deposit rate will continue to be the company-specific cash 
deposit rate published for the most recently completed segment of this 
proceeding in which the company participated; (3) if the exporter is 
not a firm covered in this review, or the original less-than-fair-value 
(LTFV) investigation, but the producer is, the cash deposit rate will 
be the cash deposit rate established for the most recently completed 
segment for the producer of the subject merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
5.40 percent, the all-others rate established in the LTFV 
investigation.\9\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \9\ 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, 24098 (May 25, 2017).
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Notification to Importers

    This notice 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition 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 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.

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 19 CFR 351.221(b)(5).


[[Page 3030]]


    Dated: January 10, 2020.
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. Margin Calculations
V. Discussion of the Issues
    Comments Pertaining to Industeel
    Comment 1: Accounting for Industeel's Rebate Costs
    Comment 2: Write-down of Industeel's Inventory Reserves
    Comments Pertaining to NLMK Belgium
    Comment 3: Use of Adverse Facts Available
    Comment 4: Use of Partial Adverse Facts Available
    Comment 5: Difference-in-Merchandise Adjustment
    Comment 6: Level of Trade
    Comment 7: Alternative Calculation of Indirect Selling Expenses
    Comment 8: Calculating Home Market Short-term Borrowing
    Comment 9: Calculating U.S. Short-term Borrowing
    Comment 10: Adjustments to International Freight Expense
    Comment 11: U.S. Billing Adjustment
    Comment 12: Adjustments to U.S. Freight Revenue
    Comment 13: Home Market Inland Freight and Warehouse Expense 
Adjustments
VI. Recommendation

[FR Doc. 2020-00760 Filed 1-16-20; 8:45 am]
BILLING CODE 3510-DS-P