[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34244-34246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12086]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-812]


Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative Review; 2020-2021

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Industeel Belgium S.A. (Industeel), a producer and exporter 
subject to this administrative review, made sales of subject 
merchandise at less than normal value (NV) during the period of review 
(POR) May 1, 2020, through April 30, 2021. Additionally, based on 
timely withdrawal of requests for review, we are rescinding this 
administrative review with respect to all other companies for which we 
initiatated an administrative review. Interested parties are invited to 
comment on these preliminary results.

[[Page 34245]]


DATES: Applicable June 6, 2022.

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 July 6, 2021, based on timely requests for review in accordance 
with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of an 
administrative review of the antidumping duty order on certain carbon 
and alloy steel cut-to-length plate from Belgium.\1\ This review covers 
31 producers and/or exporters of the subject merchandise. Commerce 
selected one company, Industeel, for individual examination. On October 
4, 2021, Cleveland-Cliffs Steel LLC, Nucor Corporation, and SSAB 
Enterprises, LLC (collectively, the petitioners) withdrew their 
requests for an administrative review with respect to every company 
except Industeel.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 38481 (July 6, 2021).
---------------------------------------------------------------------------

    On January 5, 2022, Commerce extended the preliminary results of 
this review by 120 days, until May 31, 2022.\2\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\3\ A list of topics discussed 
in the Preliminary Decision Memorandum is included at Appendix I to 
this notice. 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 http://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated 
January 5, 2022.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 Administrative Review of the Antidumping 
Duty Order on Certain Carbon and Alloy Steel Cut-To-Length Plate 
from Belgium,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Partial Rescission

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of notice of initiation of the requested review. The 
petitioners timely withdrew their request for an administrative review 
with respect to each company listed in the Initiation Notice other than 
Industeel. No other party requested a review of these companies. 
Accordingly, we are rescinding this review, in part, with respect to 
these companies, pursuant to 19 CFR 351.213(d)(1). The producers and/or 
exporters for which we are rescinding the administrative review are 
listed at Appendix II of this notice.

Scope of the Order

    The products covered by the order are certain carbon and alloy 
steel cut-to-length plate from Belgium. For a full 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.

Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period May 1, 2020, through April 30, 
2021:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Industeel Belgium S.A......................................        1.15
------------------------------------------------------------------------

Verification

    On October 14, 2021, the petitioners requested that Commerce 
conduct verification of Industeel's responses.\4\ Accordingly, as 
provided in section 782(i)(3) of the Act, we intend to verify 
information relied upon for the final results of this review.
---------------------------------------------------------------------------

    \4\ See Petitioners' Letter, ``Request for Verification,'' dated 
October 14, 2021.
---------------------------------------------------------------------------

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.\5\ Case briefs 
or other written comments may be submitted to Commerce. A timeline for 
the submission of case briefs and written comments will be provided to 
interested parties at a later date.\6\ 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.\7\ 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.\8\ Case and rebuttal 
briefs should be filed using ACCESS and must be served on interested 
parties.\9\ Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\10\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c)(ii).
    \7\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303.
    \10\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    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; (3) whether any participant is a foreign national; and 
(4) a list of issues to be discussed. Issues raised in the hearing will 
be limited to those raised in the respective case and rebuttal briefs. 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a date and time to be determined.\12\ Parties should confirm 
the date, time, and location of the hearing two days before the 
scheduled date.
---------------------------------------------------------------------------

    \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 and 19 CFR 351.213(h).

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

[[Page 34246]]

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.\14\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.212(b)(1), 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. 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.\15\
---------------------------------------------------------------------------

    \15\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    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.
    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by Industeel for which 
it 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 \16\ if there is no rate for the 
intermediate company(ies) involved in the transaction.\17\
---------------------------------------------------------------------------

    \16\ 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) (CTL Plate Order).
    \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).
    For the companies for which the administrative review is rescinded, 
we will instruct CBP to assess antidumping duties on all appropriate 
entries at a rate equal to the cash deposit of estimated antidumping 
duties required at the time of entry, or withdrawal from warehouse, for 
consumption, in accordance with 19 CFR 351.212(c)(1)(i).

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 Industeel 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 previously investigated 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, a prior 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 5.40 percent, the all-others rate 
established in the LTFV investigation.\18\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \18\ See CTL Plate Order, 82 FR 24098.
---------------------------------------------------------------------------

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 preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: May 27, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Partial Rescission of Administrative Review
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

Appendix II

List of Companies for Which This Review Has Been Rescinded

------------------------------------------------------------------------
                            Producer/exporter
-------------------------------------------------------------------------
A.G. der Dillinger Hutte.
BBC Chartering Belgium.
C.A. Picard GmbH.
Doerrenberg Edelstahl GmbH.
DMC Nobelclad Europe S.A.
Edgen Murray.
EEW Steel Trading LLC.
Erndtebrucker Eisenwerk GmbH & Co. KG.
Fike Europe B.A.
Industeel France S.A.S.
Logiudice Forni SRL.
Macsteel International.
Nialco S.A.
NLMK Clabecq S.A.
NLMK Dansteel A.S.
NLMK Plate Sales S.A.
NLMK Sales Europe S.A.
NLMK Manage Steel Center S.A.
NLMK La Louviere S.A.
NLMK Verona SpP.
NobelClad Europe GmbH & Co. KG.
RP Technik GmbH Profilsysteme.
Salzgitter Mannesmann International GmbH.
Stahlo Stahl Service GmbH & Co. KG.
Stemcor USA, Inc.
Thyssenkrupp Steel Europe AG.
TWF Treuhandgesellschaft Werbefilm mbH.
Tranter Service Centers.
Valcovny Trub Chomutov A.s.
Voestalpine Grobblech GmbH.
------------------------------------------------------------------------


[FR Doc. 2022-12086 Filed 6-3-22; 8:45 am]
BILLING CODE 3510-DS-P