[Federal Register Volume 86, Number 128 (Thursday, July 8, 2021)]
[Notices]
[Pages 36095-36096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14562]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-412-824]


Certain Cold-Rolled Steel Flat Products From the United Kingdom: 
Preliminary Results of Antidumping Duty Administrative Review; 2019-
2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily finds that 
the sole producer/exporter subject to this administrative review, 
Liberty Performance Steels, Ltd. (Liberty), made sales of certain cold-
rolled steel flat products (CR steel) at less than normal value (NV) 
during the period of review (POR) September 1, 2019, through August 31, 
2020. We invite interested parties to comment on these preliminary 
results.

DATES: Applicable July 8, 2021.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3477.

SUPPLEMENTARY INFORMATION:

Background

    On September 20, 2016, we published in the Federal Register an 
antidumping duty (AD) order on CR steel from the United Kingdom.\1\ On 
September 1, 2020, we published in the Federal Register a notice of 
opportunity to request an administrative review of the Order.\2\ On 
October 30, 2020, based on timely requests for an administrative 
review, we initiated an administrative review of one company, 
Liberty.\3\ On May 17, 2021, we extended the preliminary results by 30 
days, to no later than July 2, 2021.\4\
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    \1\ See Certain Cold-Rolled Steel Flat Products from Brazil, 
India, the Republic of Korea, and the United Kingdom: Amended Final 
Affirmative Antidumping Determinations for Brazil and the United 
Kingdom and Antidumping Duty Orders, 81 FR 64432 (September 20, 
2016) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 85 FR 54349 (September 1, 2020).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 68840 (October 30, 2020) (Initiation 
Notice).
    \4\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products 
from the United Kingdom: Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review; 2019-2020,'' 
dated May 17, 2021.
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Scope of the Order

    The products covered by the antidumping duty Order are CR steel 
products. A full description of the scope of the Order is contained in 
the Preliminary Decision Memorandum.\5\
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    \5\ See Memorandum, ``Certain Cold-Rolled Steel Flat Products 
from the United Kingdom: Decision Memorandum for Preliminary Results 
of Antidumping Duty Administrative Review; 2019-2020,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Methodology

    Commerce conducted this review in accordance with section 751(a)(2) 
of the Tariff Act of 1930, as amended (the Act). Constructed export 
price is calculated in accordance with section 772 of the Act. NV is 
calculated in accordance with section 773 of the Act. For a full 
description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum. The Preliminary Decision Memorandum is 
a public document and is 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. In addition, a complete version of the 
Preliminary Decision Memorandum can be found at https://enforcement.trade.gov/frn/. A list of the topics discussed in the 
Preliminary Decision Memorandum is attached as an appendix to this 
notice.

Preliminary Results of the Administrative Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for Liberty for the period September 1, 2019, 
through August 31, 2019:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Liberty Performance Steels, Ltd............................        8.65
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Disclosure and Public Comment

    We intend to disclose the calculations performed for the 
preliminary results of this administrative review to parties within 
five days after public announcement or publication of the preliminary 
results in accordance with 19 CFR 351.224(b).
    Case briefs or other written comments on non-scope issues may be 
submitted to the Assistant Secretary for Enforcement and Compliance. 
Interested parties will be notified of the timeline for the submission 
of such case briefs and written comments at a later date. Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed no 
later than seven days after the date for filing case briefs.\6\ 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. 
Case and rebuttal briefs should be filed using ACCESS \7\ and must be 
served on interested parties.\8\
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    \6\ See 19 CFR 351.309(d); see also Temporary Rule Modifying AD/
CVD Service Requirements Due to COVID-19, 85 FR 17006, 17007 (March 
26, 2020) (``To provide adequate time for release of case briefs via 
ACCESS, E&C intends to schedule the due date for all rebuttal briefs 
to be 7 days after case briefs are filed (while these modifications 
remain in effect).'')
    \7\ See 19 CFR 351.303 (for general filing requirements).
    \8\ See 19 CFR 351.303(f).
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    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 
ACCESS. Requests should contain: (1) The party's name, address and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case briefs. If a request for a hearing 
is made, Commerce intends to hold the hearing at a time and date to be 
determined. Parties should confirm the date, time, and location of the 
hearing two days before the scheduled date.
    Commerce has modified certain of its requirements for serving 
documents containing business proprietary information until further 
notice.\9\ An electronically filed hearing request must be received 
successfully in its entirety by Commerce's electronic records system, 
ACCESS, by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\10\
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    \9\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \10\ See 19 CFR 351.310(c).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any written briefs, no later than 120 days after the date of 
publication of this notice, unless

[[Page 36096]]

extended, pursuant to section 751(a)(3)(A) of the Act.

Verification

    On November 23, 2020, AK Steel Corporation (the petitioners) 
requested, pursuant to 19 CFR 351.307(b)(1)(v), that Commerce conduct 
verification of the questionnaire responses submitted in this 
administrative review by Liberty.\11\ Commerce is currently unable to 
conduct on-site verification of the information relied upon in making 
its final results of this administrative review. Accordingly, we intend 
to take additional steps in lieu of on-site verification to verify the 
information. Commerce will notify interested parties of any additional 
documentation or information required.
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    \11\ See Petitioner's Letter, ``Cold-Rolled Steel Flat Products 
from the United Kingdom/Request for Verification,'' dated November 
23, 2020.
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Assessment Rate

    Upon issuing the final results, Commerce will determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries covered by this review.\12\ If the respondent's 
weighted-average dumping margin is not zero or de minimis (i.e., less 
than 0.50 percent) in the final results of this review, we intend to 
calculate an importer-specific assessment rate on the basis of the 
ratio of the total amount of dumping calculated for each importer's 
examined sales and the total entered value of those sales in accordance 
with 19 CFR 351.212(b)(1).\13\ If the respondent's weighted-average 
dumping margin is zero or de minimis in the final results, or an 
importer-specific assessment rate is zero or de minimis, then we intend 
to instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. The final results of this administrative review 
shall be the basis for the assessment of antidumping duties on entries 
of merchandise under review and for future deposits of estimated 
duties, where applicable.
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    \12\ See 19 CFR 351.212(b)(1).
    \13\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Duty Proceedings; Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
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    For entries of subject merchandise during the POR produced by 
Liberty for which it did not know its merchandise was destined for the 
United States, we intend to 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.
    We intend to issue liquidation instructions to CBP no earlier than 
35 days after 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 liquidation 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).

Cash Deposit Requirements

    The following deposit requirements for estimated antidumping duties 
will be effective upon publication of the notice of final results of 
this review for all shipments of CR steel from the United Kingdom 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication as provided by section 751(a)(2) of the Act: (1) 
The cash deposit rate for Liberty, subject to this review, will be 
equal to the weighted-average dumping margin established in the final 
results of the review; (2) for merchandise exported by a company not 
covered in this review but covered in a prior completed segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific cash deposit rate published for the most recent period; (3) if 
the exporter is not a firm covered in this review, a prior completed 
review, or the original less-than-fair-value (LTFV) investigation but 
the producer has been covered in a completed segment of this 
proceeding, then the cash deposit rate will be the company-specific 
cash deposit cash deposit rate established for the most recent period 
for the producer of the merchandise; (4) the cash deposit rate for all 
other producers or exporters will continue to be 22.58 percent,\14\ the 
all-others rate established in the LTFV investigation. These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \14\ See Order, 81 FR at 64434.
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Notification to Importers

    This notice 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 review period. Failure to comply 
with this requirement could result in the presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    Commerce is issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).

    Dated: July 1, 2021.
Christian Marsh,
Acting 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. Currency Conversion
VI. Recommendation

[FR Doc. 2021-14562 Filed 7-7-21; 8:45 am]
BILLING CODE 3510-DS-P