[Federal Register Volume 87, Number 108 (Monday, June 6, 2022)]
[Notices]
[Pages 34246-34249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12095]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-834]


Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2020-2021

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


[[Page 34247]]


SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the producers/exporters 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, Commerce preliminarily determines that a company for 
which we initiated a review had no shipments during the POR. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable June 6, 2022.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado or David Crespo, 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) 482-4682 or (202) 
482-3693, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 2021, based on timely requests for review in accordance 
with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of 
the antidumping duty order on certain carbon and alloy steel cut-to-
length plate from Italy.\1\ This review covers 11 producers and/or 
exporters of the subject merchandise. Commerce selected two companies, 
NLMK Verona SpA (NVR) and Officine Tecnosider s.r.l. (OTS), for 
individual examination. One company, Lyman Steel Company (Lyman), 
reported having no shipments during the POR, see ``Preliminary 
Determination of No Shipments'' section below. The remaining producers 
and/or exporters not selected for individual examination are listed in 
the ``Preliminary Results of the Review'' section of this notice.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 35481 (July 6, 2021).
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    On January 6, 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\
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    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2020-2021 Antidumping Duty Administrative Review,'' dated 
January 6, 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 Italy,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Scope of the Order \4\
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    \4\ 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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    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 Italy. 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\
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    \5\ For a full description of the scope of the Order, see the 
Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price and constructed export price are 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. A list of the 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix 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 
https://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.

Preliminary Determination of No Shipments

    One company under review, Lyman, filed a statement reporting that 
it made no shipments of subject merchandise to the United States during 
the POR.\6\ We were able to confirm Lyman's claim with U.S. Customs and 
Border Protection (CBP).\7\ Consequently, we preliminarily determine 
that Lyman had no shipments during the POR. Consistent with our 
practice, we find that it is not appropriate to preliminarily rescind 
the review with respect to this company, and we will instead complete 
the review for this company and issue appropriate instructions to CBP 
based on the final results of this review.\8\
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    \6\ See Lyman's Letter ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from Italy; Lyman Steel Company's Certification of No 
Sales, Shipments, or Entries,'' dated July 28, 2021.
    \7\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from Italy (A-475-834),'' dated September 80, 2021.
    \8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 
(August 28, 2014).
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Preliminary Results of the Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
NLMK Verona SpA.............................................        1.47
Officine Tecnosider s.r.l...................................       20.44
Arvedi Tubi Acciaio.........................................        4.43
C.M.T. Construzioni Meccaniche di Taglione Emilio & C. S.a.s        4.43
O.ME.P SpA..................................................        4.43
Ofar SpA....................................................        4.43
Officine Meccaniche M.A.M. s.r.l............................        4.43
Sesa SpA....................................................        4.43
SZ Acroni D.o.o.............................................        4.43
Tim-Cop Doo Temerin.........................................        4.43
------------------------------------------------------------------------

Rate for Non-Examined Companies

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin to be applied to companies not 
selected for individual examination when Commerce limits its 
examination in an administrative review pursuant to section 777A(c)(2) 
of the Act. Generally, Commerce looks to section 735(c)(5) of the Act, 
which provides instructions for calculating the all-others rate in a 
less-than-fair-value investigation, for guidance when calculating the 
weighted-average dumping margin for companies that were not selected 
for

[[Page 34248]]

individual examination in an administrative review. Under section 
735(c)(5)(A) of the Act, the all-others rate is normally an amount 
equal to the weighted average of the estimated weighted-average dumping 
margins established for exporters and producers individually 
investigated, excluding rates that are zero, de minimis (i.e., less 
than 0.5 percent), or determined entirely on the basis of facts 
available.
    Consistent with section 735(c)(5)(A) of the Act, we determined the 
weighted-average dumping margin for each of the non-selected companies 
by using the weighted-average dumping margins calculated for NVR and 
OTS in this administrative review.\9\
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    \9\ For more information regarding the calculation of this 
margin, see Memorandum, ``Calculation of the Cash Deposit Rate for 
Non-Reviewed Companies,'' dated concurrently with this notice. As 
the weighting factor, we relied on the publicly ranged sales data 
reported in the quantity and value charts submitted by NVR and OTS.
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Verification

    As provided in section 782(i)(3) of the Act, Commerce intends to 
verify the information relied upon in making its final results of the 
review.

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.\10\ 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. 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.\11\ 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.\12\ Case and rebuttal 
briefs should be filed using ACCESS.\13\
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    \10\ See 19 CFR 351.224(b).
    \11\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See 19 CFR 351.303.
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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, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\14\ 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. Issues raised 
in the hearing will be limited to issues raised in the briefs. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a date and time to be determined.\15\ Parties should confirm the date, 
time, and location of the hearing two days before the scheduled date.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
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    An electronically-filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline. Note that Commerce has temporarily modified certain of its 
requirements for serving documents containing business proprietary 
information, until further notice.\16\
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    \16\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    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.\17\
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    \17\ See Section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries.\18\
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    \18\ See 19 CFR 351.212(b).
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    Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the 
entered value of its 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 respondent 
did not report entered value or reported amounts based on estimated 
sales data, 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.
    For the companies that were not selected for individual review, we 
will assign an assessment rate based on the average of the cash deposit 
rates calculated for NVR and OTS, excluding any rates that are zero, de 
minimis, or determined entirely based on adverse facts available. 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'' will apply to entries of 
subject merchandise during the POR produced by companies included in 
the final results of this 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.\19\
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    \19\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Further, if we continue to find in the final results that Lyman had 
no shipments of subject merchandise during the POR, we will instruct 
CBP to liquidate any suspended entries that entered under its AD case 
number (i.e., at that exporter's rate) at the all-others rate if there 
is no rate for the intermediate company(ies) involved in the 
transaction.
    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 exporters 
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

[[Page 34249]]

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 6.08 percent, the all-others rate 
established in the LTFV investigation.\20\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \20\ See Order.
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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 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 31, 2022.
Lisa W. Wang,
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. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2022-12095 Filed 6-3-22; 8:45 am]
BILLING CODE 3510-DS-P