[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Notices]
[Pages 43183-43185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16840]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-428-844]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Germany:
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 determines
that certain carbon and alloy steel cut-to-length plate (CTL plate)
from Germany is not being, or is not likely to be, sold in the United
States at less than normal value (NV) during the period of review (POR)
May 1, 2019, through April 30, 2020.
DATES: Applicable August 6, 2021.
FOR FURTHER INFORMATION CONTACT: David Goldberger, 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) 482-4136.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2020, based on a timely request for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on CTL plate from Germany.\1\ This review covers one producer/
exporter of the subject merchandise, AG der Dillinger H[uuml]ttenwerke
(Dillinger).
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 41540 (July 10, 2020).
---------------------------------------------------------------------------
On July 21, 2020, Commerce tolled all deadlines in administrative
reviews by 60 days.\2\ In February 2021, Commerce extended the
preliminary results of this review to no later than July 30, 2021.\3\
For a complete description of the events that followed the initiation
of this review, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
\3\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated February
19, 2021.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2019-2020 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Steel Cut-To-Length Plate
from Germany,'' dated concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
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 Germany. 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.\5\
---------------------------------------------------------------------------
\5\ For a complete description of the scope of the order, see
Preliminary Decision Memorandum.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
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 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 Preliminary Decision Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/summary. A list of the topics
discussed in the Preliminary Decision Memorandum is attached as an
appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the respondent for
the period May 1, 2019, through April 30, 2020:
[[Page 43184]]
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
AG der Dillinger H[uuml]ttenwerke.......................... 0.00
------------------------------------------------------------------------
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\6\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\7\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the time limit for filing case briefs.\8\ 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.\9\ Case and rebuttal
briefs should be filed using ACCESS.\10\
---------------------------------------------------------------------------
\6\ See 19 CFR 351.224(b).
\7\ See 19 CFR 351.309(c).
\8\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
\10\ See 19 CFR 351.303.
---------------------------------------------------------------------------
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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\11\ Hearing 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. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
An electronically-filed document must be received successfully in
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\13\
---------------------------------------------------------------------------
\13\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\14\
---------------------------------------------------------------------------
\14\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------
If the weighted average dumping margin for Dillinger is not zero or
de minimis (i.e., less than 0.5 percent), we will calculate importer-
specific ad valorem antidumping duty assessment rates based on the
ratio of the total amount of dumping calculated for each importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\15\ If the weighted-average
dumping margin for Dillinger is zero or de minimis in the final
results, or an importer-specific assessment rate is zero or de minimis
in the final results, we will instruct CBP not to assess antidumping
duties on any such entries in accordance with the Final Modification
for Reviews.\16\
---------------------------------------------------------------------------
\15\ 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 Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for
Reviews).
\16\ Id. at 8102.
---------------------------------------------------------------------------
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.\17\
---------------------------------------------------------------------------
\17\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
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).
Cash Deposit Requirements
The following 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 the exporter
listed above will be equal to the weighted-average dumping margin
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 companies not participating in this review, the cash deposit
rate will continue to be the company-specific cash deposit rate
published for the most recently completed segment; (3) if the exporter
is not a firm covered in this review, or the original less-than-fair-
value (LTFV) investigation, but the producer is, then the cash deposit
rate will be the cash deposit rate established for the most recently
completed segment for the producer of the merchandise; and (4) the cash
deposit rate for all other producers or exporters will continue to be
21.04 percent, the all-others rate established in the LTFV
investigation.\18\ These deposit requirements, when imposed, shall
remain in effect until further notice.
---------------------------------------------------------------------------
\18\ 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).
---------------------------------------------------------------------------
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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and
Dated: July 30, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
[[Page 43185]]
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2021-16840 Filed 8-5-21; 8:45 am]
BILLING CODE 3510-DS-P