[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.
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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
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* 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