[Federal Register Volume 86, Number 55 (Wednesday, March 24, 2021)]
[Notices]
[Pages 15648-15650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06067]


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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; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that the 
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.

DATES: Applicable March 24, 2021.

FOR FURTHER INFORMATION CONTACT: 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) 482-1959.

SUPPLEMENTARY INFORMATION:

Background

    This review covers four producers and/or 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 24, 2020, Commerce published the Preliminary Results.\1\ In 
September 2020, certain petitioners,\2\

[[Page 15649]]

Industeel, and NLMK Belgium submitted case and rebuttal briefs.\3\ For 
a description of the events that occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\4\ On July 21, 2020, 
Commerce tolled all deadlines in administrative reviews by an 
additional 60 days.\5\ On December 30, 2020, we extended the deadline 
for the final results by 60 days, until March 18, 2021.\6\ 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 
Belgium: Preliminary Results of Antidumping Duty Administrative 
Review; 2018-2019, 85 FR 44854 (July 24, 2020) (Preliminary 
Results).
    \2\ This company is Nucor Corporation.
    \3\ See Petitioner's Case Brief, ``Certain Carbon and Alloy 
Steel Cut-to-Length Plate from Belgium: Nucor's Case Brief,'' dated 
September 8, 2020; Industeel's Case Brief, ``Antidumping Duty 
Administrative Review of Carbon and Alloy Steel Cut-To-Length Plate 
from Belgium: Industeel's Case Brief,'' dated September 8, 2020; 
NLMK Belgium's Case Brief, ``Certain Carbon and Alloy Cut-to-Length 
Plate from Belgium: Case Brief,'' dated September 8, 2020, 
Petitioner's Rebuttal Brief, ``Certain Carbon and Alloy Steel Cut-
to-Length Plate from Belgium: Nucor's Rebuttal Brief,'' dated 
September 15, 2020; Industeel's Rebuttal Brief, ``Antidumping Duty 
Administrative Review of Carbon and Alloy Steel Cut-To-Length Plate 
from Belgium: Industeel Rebuttal Brief,'' dated September 15, 2020; 
and NLMK Belgium's Rebuttal Brief, ``Certain Carbon and Alloy Cut-
to-Length Plate from Belgium: Rebuttal Brief,'' dated September 15, 
2020.
    \4\ 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 Belgium,'' dated concurrently with these results 
(Issues and Decision Memorandum), which is hereby adopted by this 
notice.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020. 
Because the Preliminary Results published on July 24, 2020, three 
days after this tolling memorandum, the deadline for these final 
results was tolled by 57 days.
    \6\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-To-
Length Plate from Belgium; 2018-2019 Administrative Review: 
Extension of Deadline for Final Results,'' dated December 20, 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 nonmetallic 
substances from Belgium. Products subject to the order are currently 
classified in the Harmonized Tariff Schedule on 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.\7\
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    \7\ 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.\8\ Interested parties can find a complete discussion of 
these issues and the corresponding recommendations in this public 
memorandum, which 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.
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    \8\ Id.
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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 certain 
changes to the preliminary weighted-average margin calculations for 
Industeel and for those companies not selected for individual 
review.\9\
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    \9\ 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 May 1, 2018 through April 30, 
2019:
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    \10\ This rate is based on the simple average of 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 Memorandum, 
``Final Results of the Antidumping Administrative Review of Certain 
Carbon and Alloy Steel Cut-To-Length Plate from Belgium: Calculation 
of the Cash Deposit Rate for Non-Reviewed Companies,'' dated March 
18, 2021.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                     Producers/exporters                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Industeel Belgium S.A.......................................        4.57
NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales Europe          12.29
 S.A./NLMK Manage Steel Center S.A./NLMK La Louviere S.A....
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 Review-Specific Average Rate Applicable to the Following Companies \10\
------------------------------------------------------------------------
Stahlo Stahl Service GmbH & Co. KG..........................        8.43
Tranter Service Centers.....................................        8.43
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed 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.
    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the simple average \11\ of the 
cash deposit rates calculated for Industeel and NLMK Belgium. 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.\12\
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    \11\ Id.
    \12\ 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

[[Page 15650]]

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.
    Consistent with its recent notice,\13\ 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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    \13\ 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 5.40 
percent, the all-others rate established in the LTFV investigation.\14\ 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \14\ 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 the Secretary'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 and published 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. Margin Calculations
V. Discussion of Issues
    Comments Pertaining to Industeel
    Comment 1: Offset for Section 232 Liabilities
    Comment 2: Payments Related to Section 232 Liabilities
    Comment 3: Application of Adverse Facts Available to U.S. Inland 
Freight
    Comments Pertaining to NLMK Belgium
    Comment 4: Constructed Export Price Offset
    Comment 5: Affiliated Party Major Input Adjustment
VI. Recommendation

[FR Doc. 2021-06067 Filed 3-23-21; 8:45 am]
BILLING CODE 3510-DS-P