[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15645-15646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06062]


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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 and Final 
Determination of No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that 
producers and/or exporters subject to this administrative review made 
sales of subject merchandise at less than normal value during the 
period of review (POR), May 1, 2018, through April 30, 2019. 
Additionally, Commerce determines that a company for which we initiated 
a review had no shipments during the POR.

DATES: Applicable March 24, 2021.

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 seven producers and/or 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 22, 2020, Commerce published the Preliminary Results.\1\ In 
August 2020, certain of the petitioners \2\ and NVR submitted case and 
rebuttal briefs. For a description of the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\3\ On 
July 21, 2020, Commerce tolled all deadlines in administrative reviews 
by an additional 60 days.\4\ On December 30, 2020, we extended the 
deadline for the final results by 60 days, until March 18, 2021.\5\ The 
deadline for the final results of this review is now March 18, 2021.
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    \1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from 
Italy: Preliminary Results of Antidumping Duty Administrative Review 
and Preliminary Determination of No Shipments; 2018-2019, 85 FR 
44283 (July 22, 2020) (Preliminary Results).
    \2\ This company is Nucor Corporation.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 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, these results (Issues and Decision Memorandum).
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \5\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-To-
Length Plate from Italy; 2018-2019 Administrative Review: Extension 
of Deadline for Final Results,'' dated December 30, 2020.
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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 products covered by the order are 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 from Italy. Products subject to the order are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under 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 subheadings are 
provided for convenience and customs purposes, the written description 
of the merchandise subject to this scope is dispositive.\6\
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    \6\ For a full description of the scope of the order, see Issues 
and Decision Memorandum.
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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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html.

Determination of No Shipments

    As noted in the Preliminary Results, we received a no shipment 
claim from one company involved in this administrative review, Lyman 
Steel Company (Lyman). In the Preliminary Results, we preliminarily 
determined that Lyman had no reviewable transactions during the POR. We 
received no comments from interested parties with respect to this 
claim. Therefore, because the record indicates that this company did 
not export subject merchandise to the United States during the POR, we 
continue to find that Lyman had no reviewable transactions during the 
POR. Accordingly, consistent with Commerce's practice, we intend to 
instruct U.S. Customs and Border Protection (CBP) to liquidate any 
existing entries of merchandise produced by Lyman, but exported by 
other parties, at the rate for the intermediate reseller, if available, 
or at the all-others rate.\7\
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    \7\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made no 
changes to the preliminary weighted-average margin calculations for 
OTS, NVR, or for those companies not selected for individual review.\8\
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    \8\ See Issues and Decision Memorandum.
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Final Results of the Review

    We continue to assign the following weighted-average dumping 
margins to the firms listed below for the period May 1, 2018, through 
April 30, 2019:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
NLMK Verona SpA.............................................        1.39

[[Page 15646]]

 
Officine Tecnosider s.r.l...................................        1.23
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 Review-Specific Average Rate Applicable to the Following Companies \9\
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O.ME.P SpA..................................................        1.30
Ofar SpA....................................................        1.30
Sesa SpA....................................................        1.30
Tim-Cop Doo Temerin.........................................        1.30
------------------------------------------------------------------------

Assessment Rates
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    \9\ 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; see also Memorandum, ``Preliminary Results 
of the Antidumping Administrative Review of Certain Carbon and Alloy 
Steel Cut-To-Length Plate from Italy: Calculation of the Cash 
Deposit Rate for Non-Reviewed Companies,'' dated July 6, 2020.
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    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and 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.
    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the publicly-ranged weighted 
average \10\ of the cash deposit rates calculated for NVR and OTS. 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.\11\
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    \10\ Id.
    \11\ See section 751(a)(2)(C) of the Act.
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    Commerce's ``automatic assessment'' 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. As indicated above, for 
Lyman, we will instruct CBP to liquidate any existing entries of 
merchandise produced by Lyman, but exported by other parties, at the 
all-others rate if there is no rate for the intermediate company(ies) 
involved in the transaction.
    Consistent with its recent notice,\12\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \12\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 884 (January 
15, 2021).
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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 that 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 previously 
investigated companies not participating in this review, the cash 
deposit 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, or the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, then the cash 
deposit rate will be the rate established for the most recent segment 
for the manufacturer of the merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be 6.08 
percent, the all-others rate established in the LTFV investigation.\13\ 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \13\ 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 final 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.

Notification Regarding Administrative Protective Order

    This notice serves as the only 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

    This notice is being issued in accordance with sections 751(a)(1) 
and 777(i) of the Act, and 19 CFR 351.213.

    Dated: March 18, 2021.
Christian Marsh,
Acting 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. Discussion of the Issues
    Comment 1: NVR's Sales of Non-Prime and Overrun Merchandise
    Comment 2: NVR's Cost Differences Unrelated to Defined Physical 
Characteristics
    Comment 3: NVR's Costs for Merchandise Produced Prior to the 
Period of Review (POR)
    Comment 4: Whether Section 232 Duties Should be Deducted from 
U.S. Price
V. Recommendation

[FR Doc. 2021-06062 Filed 3-23-21; 8:45 am]
BILLING CODE 3510-DS-P