[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21274-21275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08365]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-812]


Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium: 
Amended 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) is amending the final 
results of the administrative review of the antidumping duty (AD) order 
on certain carbon and alloy steel cut-to-length plate (CTL plate) from 
Belgium to correct a ministerial error.

DATES: Applicable April 22, 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

    On March 24, 2021, Commerce published the Final Results of the 
2018-2019 administrative review of CTL plate from Belgium in the 
Federal Register.\1\ On March 30, 2021, Nucor Corporation (the 
petitioner) alleged the existence of a ministerial error in Commerce's 
Final Results.\2\
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    \1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from 
Belgium: Final Results of Antidumping Duty Administrative Review; 
2018-2019, 86 FR 15648 (March 24, 2021) (Final Results), and 
accompanying Issues and Decision Memorandum.
    \2\ See Petitioner's Letter, ``Ministerial Error Comments,'' 
dated March 30, 2021.
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Legal Framework

    A ministerial error, as defined in section 751(h) of the Tariff Act 
of 1930, as amended (the Act), includes ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type 
of unintentional error which the administering authority considers 
ministerial.'' \3\ With respect to final results of administrative 
reviews, 19 CFR 351.224(e) provides that Commerce ``will analyze any 
comments received and, if appropriate, correct any ministerial error by 
amending . . . the final results of review.''
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    \3\ See 19 CFR 351.224(f).
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Ministerial Error

    Commerce committed an inadvertent error within the meaning of 
section 751(h) of the Act and 19 CFR 351.224(f) by incorrectly adding 
section 232 duties to U.S. price in the margin program for Industeel 
Belgium S.A. (Industeel), one of the mandatory respondents. 
Accordingly, we determine, in accordance with section 751(h) of the Act 
and 19 CFR 351.224(f), that we made a ministerial error in the Final 
Results. Pursuant to 19 CFR 351.224(e), we are amending the Final 
Results to correct this error. This correction results in a change to 
Industeel's weighted-average dumping margin and also changes the rate 
calculated for the non-individually-examined companies. For a detailed 
discussion of the ministerial error allegation, as well as Commerce's 
analysis, see Ministerial Error Memorandum.\4\
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    \4\ See Memorandum, ``2018-19 Administrative Review of the 
Antidumping Duty Order on Certain Carbon and Alloy Steel Cut-To-
Length Plate from Belgium: Allegation of Ministerial Error in the 
Final Results,'' dated concurrently with this notice (Ministerial 
Error Memorandum).
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Amended 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:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                   Producers/exporters                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Industeel Belgium S.A...................................            8.64
NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales                 12.29
 Europe S.A./NLMK Manage Steel Center S.A./NLMK La
 Louviere S.A...........................................
------------------------------------------------------------------------
 Review-Specific Average Rate Applicable to the Following Companies: \5\
------------------------------------------------------------------------
Stahlo Stahl Service GmbH & Co. KG......................           10.47
Tranter Service Centers.................................           10.47
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed for these amended 
final results in accordance with 19 CFR 351.224(b).
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    \5\ 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, 
``Amended 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 concurrently with this notice.
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Antidumping Duty Assessment

    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 amended 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.

[[Page 21275]]

    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the simple average \6\ of the 
cash deposit rates calculated for Industeel and NLMK Belgium. The 
amended final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the amended final results of this review and for future deposits of 
estimated duties, where applicable.\7\
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    \6\ Id.
    \7\ 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.
    Consistent with its recent notice,\8\ 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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    \8\ 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 
retroactively for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after March 24, 2021, 
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 amended 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.\9\ 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 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.

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 amended notice is issued and published in accordance with 
sections 751(h) and 777(i) of the Act, and 19 CFR 351.224(e).

    Dated: April 16, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-08365 Filed 4-21-21; 8:45 am]
BILLING CODE 3510-DS-P