[Federal Register Volume 85, Number 12 (Friday, January 17, 2020)]
[Notices]
[Pages 3026-3028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00761]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-834]


Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: 
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: Alice Maldonado or David Crespo, 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) 482-4682 or (202) 
482-3693, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    This review covers ten producers/exporters of the subject 
merchandise. Commerce selected two companies, NLMK Verona SpA (NVR) and 
Officine Tecnosider s.r.l. (OTS), 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 
Italy: Preliminary Results of Antidumping Duty Administrative 
Review; 2016-2018, 84 FR 34121 (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 Italy,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
    \3\ See Memorandum, ``Carbon and Alloy Steel Cut-To-Length Plate 
from Italy: 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

[[Page 3027]]

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 Italy. 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.

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 margin for NVR 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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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:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producers/exporters                        dumping
                                                               margins
                                                              (percent)
------------------------------------------------------------------------
NLMK Verona SpA............................................         1.44
Officine Tecnosider s.r.l..................................         1.63
Euroflex SpA *.............................................         1.57
Evraz Palini e Bertoli SpA *...............................         1.57
Ilva SpA *.................................................         1.57
Metalcam SpA *.............................................         1.57
Modelleria di Modini Renato *..............................         1.57
Ondulit Italiana SpA *.....................................         1.57
Padana Tubi e Profilati Acciaio SpA *......................         1.57
Riva Fire SpA *............................................         1.57
------------------------------------------------------------------------
* 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).
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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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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.
    Where the respondent did not report entered value or reported 
amounts based on average data, 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 NVR and OTS.\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, then 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 6.08 percent, the all-others rate established in the 
LTFV investigation.\9\

[[Page 3028]]

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).

    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
    Comment 1: Product Characteristics and Control Numbers for NVR
    Comment 2: NVR's Constructed Export Price (CEP) Offset Claim
    Comment 3: Whether To Apply Smoothing for NVR's Material Costs
    Comment 4: Universe of Sales for NVR
    Comment 5: Other NVR Adjustments
VI. Recommendation

[FR Doc. 2020-00761 Filed 1-16-20; 8:45 am]
BILLING CODE 3510-DS-P