[Federal Register Volume 85, Number 195 (Wednesday, October 7, 2020)]
[Notices]
[Pages 63249-63251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22181]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-809]


Certain Hot-Rolled Steel Flat Products From Australia: Final 
Results of Antidumping Duty Administrative Review; 2017-2018

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

SUMMARY: The Department of Commerce (Commerce) determines that the 
producer/exporter subject to this administrative review made sales in 
the United States of certain hot-rolled steel flat products from 
Australia at less than normal value during the period of review (POR) 
October 1, 2017 through September 30, 2018.

DATES: Applicable October 7, 2020.

FOR FURTHER INFORMATION CONTACT: Rachel Greenberg, 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) 482-0652.

SUPPLEMENTARY INFORMATION:

Background

    This review covers one producer/exporter of the subject 
merchandise: BlueScope Steel (AIS) Pty Ltd./BlueScope Steel Ltd./
BlueScope Steel Distribution (collectively, BlueScope).

[[Page 63250]]

    On December 10, 2019, Commerce published the Preliminary 
Results.\1\ On March 13, 2020, Commerce fully extended the deadline for 
the final results of this review to June 12, 2020.\2\ On April 24, 
2020, Commerce tolled all deadlines in administrative reviews by 50 
days.\3\
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    \1\ See Certain Hot-Rolled Steel Flat Products from Australia: 
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 68876 (December 10, 2019) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2017-2018,'' dated March 13, 
2020.
    \3\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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    On May 11 and 12, 2020, we received case briefs from BlueScope and 
the petitioners,\4\ respectively.\5\ On May 18, 2020, we received 
rebuttal briefs from both BlueScope and the petitioners.\6\
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    \4\ The petitioners are the United States Steel Corporation, AK 
Steel Corporation, ArcelorMittal USA LLC, Nucor Corporation, and 
Steel Dynamics, Inc.
    \5\ See BlueScope's Case Brief, ``Case Brief of BlueScope Steel. 
Ltd: Certain Hot-Rolled Steel Products from Australia,'' dated March 
11, 2020; and Petitioners' Case Brief, ``Hot-Rolled Steel Flat 
Products from Australia: Petitioners' Case Brief,'' dated March 11, 
2020.
    \6\ See BlueScope's Rebuttal Brief, ``Rebuttal Brief of 
BlueScope Steel Ltd: Certain Hot-Rolled Steel Products from 
Australia,'' dated March 18, 2020; and Petitioners' Rebuttal Brief, 
``Hot-Rolled Steel Flat Products from Australia: Petitioners' 
Rebuttal Brief,'' dated March 18, 2020.
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    On July 21, 2020, Commerce tolled all deadlines in administrative 
reviews by an additional 60 days.\7\ The deadline for the final results 
of this review is now September 30, 2020. Commerce conducted this 
administrative review in accordance with section 751 of the Tariff Act 
of 1930, as amended (the Act).
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    \7\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order

    The merchandise subject to the order is certain hot-rolled steel 
flat products from Australia. For a full description of the scope of 
this order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    All issues raised by the parties in their case and rebuttal briefs 
are listed in the appendix to this notice and are 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 
https://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version of the Issues and Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    In the Preliminary Results, we found that application of partial 
adverse facts available (AFA) was appropriate because we found that 
BlueScope had not acted to the best of its ability to supply Commerce 
with necessary information. For these final results, we are no longer 
applying partial AFA to BlueScope's home market sales with incomplete 
product characteristics. We have also excluded from BlueScope's U.S. 
sales database products that were re-exported because the first sale to 
an unaffiliated customer for these sales was to a customer in a third 
country. Finally, we made a minor change to the arm's-length test 
conducted for home market sales, using the consolidated customer code 
rather than the unconsolidated customer code. For a discussion of the 
above-referenced changes, see the ``Changes Since the Preliminary 
Results'' section of the Issues and Decision Memorandum.

Final Results of the Review

    We are assigning the following dumping margin to the exporter/
producer listed below for the POR, October 1, 2017 through September 
30, 2018:

------------------------------------------------------------------------
                                                               Weight-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
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BlueScope Steel Ltd./BlueScope Steel (AIS) Pty Ltd./               2.72
 BlueScope Steel Distribution Pty Ltd......................
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Disclosure

    We will disclose to interested parties the calculations performed 
in connection with these final results within five days of the 
publication of this notice, consistent with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, and 19 CFR 
351.212(b)(1), Commerce will determine, 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.
    For BlueScope, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce has 
calculated importer-specific antidumping duty assessment rates. Because 
BlueScope reported the entered value for all its U.S. sales, we 
calculated importer-specific antidumping duty assessment rates based on 
the ratio of the total amount of antidumping duties calculated for the 
examined sales to the total entered value of those sales. We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review where an importer-specific assessment rate is 
not zero or de minimis. Pursuant to 19 CFR 351.106(c)(2), we will 
instruct CBP to liquidate without regard to antidumping duties any 
entries for which the importer-specific assessment rate is zero or de 
minimis.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by BlueScope, for which 
BlueScope did not know that the merchandise was destined for the United 
States, 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.\8\
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    \8\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Commerce intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of 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 rates for the reviewed company will be 
the rate shown above; (2) for merchandise exported by producers or 
exported not covered in this administrative review but covered in a 
prior segment of this proceeding, the cash deposit rate will continue 
to be the company-specific rate published for the most recently-
completed segment of this proceeding; (3) if the exporter is not a firm 
covered in this review, a previous review, or the original less-than-
fair-value (LTFV) investigation, but the producer is, then the cash 
deposit rate will be the rate established for the most recently 
completed segment of this proceeding for the producer of the subject 
merchandise; and (4) the cash

[[Page 63251]]

deposit rate for all other producers or exporters will continue to be 
29.58 percent, the all-others rate established in the LTFV 
investigation.\9\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \9\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016).
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Notification to Importers

    This notice serves as the only 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

    In accordance with 19 CFR 351.305(a)(3), 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 the APO, which continues to 
govern business proprietary information in this segment 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 violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(h). Note 
that Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\10\
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    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).

    Dated: September 30, 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. Changes to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Reimbursement of Antidumping Duties
    Comment 2: Partial AFA for Home Market Sales with Incomplete 
Control Numbers
    Comment 3: U.S. Sales of Products That Were Re-Exported
    Comment 4: Programming Error
VI. Recommendation

[FR Doc. 2020-22181 Filed 10-6-20; 8:45 am]
BILLING CODE 3510-DS-P