[Federal Register Volume 85, Number 65 (Friday, April 3, 2020)]
[Notices]
[Pages 18915-18916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07045]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-047]


Certain Carbon and Alloy Steel Cut-To-Length Plate From the 
People's Republic of China: Preliminary Intent To Rescind Antidumping 
Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Jiangsu Tiangong Tools Company LTD (TG Tools) did not make a bona 
fide sale of certain carbon and alloy steel cut-to-length plate (CTL 
plate) from the People's Republic of China (China) during the period of 
review (POR) March 1, 2018 through February 28, 2019. Therefore, 
Commerce preliminarily intends to rescind this administrative review. 
Interested parties are invited to comment on this preliminary 
rescission of review.

DATES: Applicable April 3, 2020.

FOR FURTHER INFORMATION CONTACT: Hannah Falvey or Matthew Renkey, AD/
CVD Operations, Office V, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 1401 Constitution 
Avenue NW, Washington, DC 20230; telephone: (202) 482-4889 or (202) 
482-2312, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 29, 2019, Commerce initiated an administrative review of the 
antidumping duty order on CTL plate from China in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the Act), with 
respect to TG Tools as the sole mandatory respondent in this review.\1\
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    \1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from 
the People's Republic of China: Antidumping Duty Order, 82 FR 14349 
(March 20, 2017) (Order); see also Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 84 FR 24743 (May 29, 
2019).
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    On November 12, 2019, pursuant to section 751(a)(3)(A) of the Act, 
Commerce determined that it was not practicable to complete the 
preliminary results of this review within the 245 days and extended the 
preliminary results by 117 days.\2\ The revised deadline for the 
preliminary results in this review is now March 27, 2020.
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    \2\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-To-
Length Plate from the People's Republic of China: Extension of 
Deadline for Preliminary Results of Antidumping Duty Administrative 
Review,'' dated November 12, 2019.
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Scope of the Order

    The merchandise subject to this order is certain carbon and alloy 
steel hot-rolled or forged flat plate products not in coils, whether or 
not painted, varnished, or coated with plastics or other non-metallic 
substances (cut-to-length plate). For a full description of the scope, 
see the Preliminary Decision Memorandum.\3\
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    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review of Certain 
Carbon and Alloy Steel Cut-To-Length Plate from the People's 
Republic of China; 2018-2019,'' dated concurrently with, and hereby 
adopted by, this notice (Preliminary Decision Memorandum).
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China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\4\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity in this review, 
the entity is not under review, and the entity's rate (i.e., 68.27 
percent) is not subject to change.\5\
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    \4\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \5\ See Order, 82 FR at 14352.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) of the Act. For a full description of the methodology 
underlying our conclusions, see the Preliminary Decision Memorandum. A 
list of the topics included in the Preliminary Decision Memorandum is 
included as an appendix to this notice. The Preliminary Decision 
Memorandum is a public document and is made available to the public via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov, and it is available to 
all parties in the Central Records Unit, room B8024 of the main 
Commerce building. The signed and electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Rescission of the Administrative Review

    As discussed in the Preliminary Decision Memorandum and as 
expounded upon in the Bona Fides Memorandum, Commerce preliminarily 
finds that the sale made by TG Tools serving as the basis for this 
review is not a bona fide sale of CTL plate.\6\ Commerce reached this 
conclusion based on the totality of the record information surrounding 
TG Tools' reported sale, including, but not limited to, the sales price 
and quantity, the profitability of the resold subject merchandise, the 
limited number of sales (i.e., one sale), the trial nature of the sale, 
the comparison to the subsequent sales after the POR, and the 
likelihood of future sales.
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    \6\ See Memorandum, ``Preliminary Bona Fide Sales Analysis,'' 
dated concurrently with this notice (Bona Fides Memorandum).
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    Because the non-bona fide sale was the only reported sale of 
subject merchandise during the POR, we find that TG Tools had no 
reviewable transactions during this POR. Accordingly, we preliminarily 
intend to rescind this administrative review.\7\ The factual 
information used in our bona fides analysis of TG Tools' sale involves 
business proprietary information. See the Bona Fides Memorandum for a 
full discussion of the basis for our preliminary findings.
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    \7\ See 19 CFR 351.213(d)(3).
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Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments, filed 
electronically using ACCESS, within 30 days of the date of publication 
of this notice, pursuant to 19 CFR 351.309(c)(1)(ii). Rebuttal briefs, 
limited to issues raised in the case briefs, will be due seven days 
after the due date for case briefs, pursuant to 19 CFR 351.309(d).\8\ 
Parties who submit

[[Page 18916]]

case or rebuttal briefs in this review are requested to submit with 
each argument a statement of the issue, a summary of the argument not 
to exceed five pages, and a table of statutes, regulations, and cases 
cited, in accordance with 19 CFR 351.309(c)(2).
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    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19, 85 FR 17006 (March 26, 2020).
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    Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit 
case briefs or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
May 19, 2020, unless extended.
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, filed electronically via 
ACCES. An electronically-filed document must be received successfully 
in its entirety by 5:00 p.m. Eastern Time within 30 days after the date 
of publication of this notice. Requests should contain: (1) The party's 
name, address and telephone number; (2) the number of participants; (3) 
whether any participant is a foreign national; and (4) 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.\9\ 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.\10\ Parties 
should confirm by telephone the date, time, and location of the hearing 
two days before the scheduled date.
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    \9\ See 19 CFR 351.310(c).
    \10\ See 19 CFR 351.310(d).
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    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, which will include the results 
of its analysis of issues raised in any briefs, within 120 days of 
publication of these preliminary results, pursuant to section 
751(a)(3)(A) of the Act.

Assessment Rates

    If Commerce proceeds to a final rescission of this administrative 
review, the assessment rate to which TG Tools' shipments are subject 
will not be affected by this review. If Commerce does not proceed to a 
final rescission of this administrative review, pursuant to 19 CFR 
351.212(b)(1), we will calculate importer-specific (or customer-
specific) assessment rates based on the final results of this review.

Cash Deposit Requirements

    If Commerce proceeds to a final rescission of this administrative 
review, TG Tools' cash deposit rate will continue to be the China-wide 
rate of 68.27. If Commerce issues final results for this administrative 
review, Commerce will instruct U.S. Customs and Border Protection to 
collect cash deposits, effective upon the publication of the final 
results, at the rates established therein.

Notification to Importers

    This notice also serves as a preliminary 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the assessment of doubled 
antidumping duties.

Notification to Interested Parties

    This administrative review and notice are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: March 27, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2020-07045 Filed 4-2-20; 8:45 am]
BILLING CODE 3510-DS-P