[Federal Register Volume 86, Number 235 (Friday, December 10, 2021)]
[Notices]
[Pages 70445-70447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26774]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-844]


Certain Carbon and Alloy Steel Cut-To-Length Plate From Germany: 
Final Results of Antidumping Duty Administrative Review; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that AG der 
Dillinger H[uuml]ttenwerke (Dillinger) did not make sales of certain 
carbon and alloy steel cut-to-length plate from Germany at less than 
normal value during the period of review (POR), May 1, 2019, through 
April 30, 2020.

DATES: Applicable December 10, 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

    This review covers one producer/exporter of the subject 
merchandise, Dillinger.
    On August 6, 2021, Commerce published the Preliminary Results.\1\ 
On

[[Page 70446]]

September 7, 2021, we received case briefs from SSAB Enterprises, LLC, 
a domestic interested party, and Dillinger. On September 14, 2021, we 
received a rebuttal brief from Dillinger. For a complete discussion of 
the events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from 
Germany: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination; 2019-2020, 86 FR 43183 (August 
6, 2021) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum (PDM).
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final 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, these results (Issues and 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.\3\
---------------------------------------------------------------------------

    \3\ For a full description of the scope of the order, see 
Preliminary Results PDM at 2-6.
---------------------------------------------------------------------------

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. 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 https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

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 Dillinger's margin calculation.\4\ However, the weighted-
average margin calculated for Dillinger did not change from the rate 
presented in the Preliminary Results.
---------------------------------------------------------------------------

    \4\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

Final Results of the Review

    As a result of this review, we determine the following weighted-
average dumping margin for the period May 1, 2019, through April 30, 
2020:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
AG der Dillinger H[uuml]ttenwerke..........................        0.00
------------------------------------------------------------------------

Disclosure of Calculations

    We intend to disclose the calculations performed for Dillinger in 
connection with these final results 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 Tariff Act of 1930, as 
amended (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.
    Where the weighted average dumping margin for Dillinger is zero or 
de minimis (i.e., less than 0.5 percent), we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties. 
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.\5\
---------------------------------------------------------------------------

    \5\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by Dillinger for which the 
reviewed company did not know that the merchandise it 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.\6\
---------------------------------------------------------------------------

    \6\ 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 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 the 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 reviewed or 
investigated companies not listed above, the cash deposit will continue 
to be the company-specific rate published for the most recently 
completed segment; (3) if the exporter is not a firm covered in this 
review, a previous review, or the 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 21.04 percent, the 
all-others rate established in the LTFV investigation.\7\ These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \7\ 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 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

[[Page 70447]]

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 issued and published in accordance with sections 
751(a)(1) and 777(i) of the Act.

    Dated: December 3, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the 
Non-Exclusive Functions and Duties of The Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
    Comment 1: Treatment of Home Market Downstream Service Center 
Sales
    Comment 2: Exclusion of U.S. Entries Entered Under Temporary 
Import Bond
    Comment 3: Home Market Level of Trade
    Comment 4: The Control Number for Home Market Service Center 
Sales
    Comment 5: Differential Pricing Methodology
    Comment 6: Cost of Production Issues
V. Recommendation

[FR Doc. 2021-26774 Filed 12-9-21; 8:45 am]
BILLING CODE 3510-DS-P