[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75219-75221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26716]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-834]


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

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

SUMMARY: The Department of Commerce (Commerce) determines that 
producers and/or exporters subject to this administrative review made 
sales of subject merchandise at less than normal value during the 
period of review (POR), May 1, 2020, through April 30, 2021. 
Additionally, Commerce determines that a company for which we initiated 
a review had no shipments during the POR.

DATES: Applicable December 8, 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

    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 ``Determination of No Shipments'' section below. 
The remaining producers and/or exporters not selected for individual 
examination are listed in the ``Final Results of the Review'' section 
of this notice.
    On June 6, 2022, Commerce published the Preliminary Results.\1\ In 
July 2022, certain of the petitioners,\2\ NVR, and OTS submitted case 
and rebuttal briefs.\3\ On September 15, 2022, we extended the deadline 
for the final results until December 2, 2022.\4\ For a description of 
the events that occurred since the Preliminary Results, see the Issues 
and Decision Memorandum.\5\
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    \1\ See 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, 87 FR 
34246 (June 6, 2022) (Preliminary Results).
    \2\ Nucor Corporation.
    \3\ See Petitioner's Letter, ``Nucor's Case Brief as to NLMK 
Verona, S.p.A.,'' dated July 6, 2022; NVR's Letter, ``Case Brief,'' 
dated July 6, 2022; OTS's Letter, ``OTS's Case Brief,'' dated July 
6, 2022; Petitioner's Letter, ``Nucor's Rebuttal Brief,'' dated July 
15, 2022; and NVR's Letter, ``Rebuttal Brief,'' dated July 15, 2022.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
2020-2021 Antidumping Duty Administrative Review,'' dated September 
15, 2022.
    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final 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, these results (Issues and Decision Memorandum).
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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

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 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.\6\
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    \6\ For a full description of the scope of the order, see Issues 
and Decision Memorandum.
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Verification

    Commerce was unable to conduct on-site verification of the 
information relied upon for the final results of this review. However, 
we took additional steps in lieu of an on-site verification to verify 
this information, in accordance with section 782(i) of the Act.\7\
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    \7\ See Commerce's Letters, ``In Lieu of Verification 
Questionnaire for NVR and OTS,'' dated June 6, 2022; see also NVR's 
Letter, ``NVR's Response to In Lieu of On-Site Verification 
Questionnaire,'' dated June 13, 2022; and OTS's Letter, 
``Administrative Review In Lieu of Verification Questionnaire 
Response, dated June 13, 2022.

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[[Page 75220]]

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. The Issues and 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 Issues and Decision Memorandum can 
be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Determination of No Shipments

    As noted in the Preliminary Results, we received a no-shipment 
claim from one company involved in this administrative review, Lyman. 
In the Preliminary Results, we preliminarily determined that Lyman had 
no reviewable transactions during the POR. We received no comments from 
interested parties with respect to this claim. Therefore, because the 
record indicates that this company did not export subject merchandise 
to the United States during the POR, we continue to find that Lyman had 
no reviewable transactions during the POR. Accordingly, consistent with 
Commerce's practice, we intend to instruct U.S. Customs and Border 
Protection (CBP) to liquidate any existing entries of merchandise 
produced by Lyman, but exported by other parties, at the rate for the 
intermediate reseller, if available, or at the all-others rate.\8\
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    \8\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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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 the preliminary weighted-average margin calculations for NVR 
and those companies not selected for individual review.\9\
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    \9\ See Issues and Decision Memorandum.
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Rate for Non-Selected Respondents

    The Act and Commerce's regulations do not address the establishment 
of a rate 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, when calculating margins for non-selected respondents, 
Commerce looks to section 735(c)(5) of the Act for guidance, which 
provides instructions for calculating the all-others rate in an 
investigation. Section 735(c)(5)(A) of the Act provides that when 
calculating the all-others rate, Commerce will exclude any zero and de 
minimis weighted-average dumping margins, as well as any weighted-
average dumping margins based on total facts available. Accordingly, 
Commerce's usual practice has been to average the margins for selected 
respondents, excluding margins that are zero, de minimis, or based 
entirely on facts available. In this review, in accordance with section 
735(c)(5)(A) of the Act, Commerce assigned the weighted-average 
calculated rates of the mandatory respondents, NVR and OTS, which are 
not zero, de minimis, or determined entirely on the basis of facts 
available to the non-selected companies in these final results, based 
on their publicly ranged sales data.\10\
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    \10\ See Memorandum, ``Calculation of the Cash Deposit Rate for 
Non-Reviewed Companies,'' dated May 31, 2022 (Non-Reviewed Company 
Calculation Memorandum).
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Final Results of the Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below 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
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to parties in this review 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of this notice in the Federal Register, in accordance with 
19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce shall determine, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review.
    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, 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 cash deposit rates 
calculated for NVR and OTS, excluding any rates that are zero, de 
minimis, or determined entirely based on adverse facts available.\11\ 
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.\12\
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    \11\ This rate was calculated as discussed in the Section, 
``Rate for Non-Selected Respondents,'' above. See also Non-Reviewed 
Company Calculation Memorandum.
    \12\ See section 751(a)(2)(C) of the Act.
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    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. As indicated above, for 
Lyman, we will instruct CBP to liquidate any existing entries of 
merchandise produced by Lyman, but exported by other parties, at the 
all-others rate if there is no rate for the

[[Page 75221]]

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 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 each specific 
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 
investigated companies not participating in this review, the cash 
deposit will continue to be the company-specific rate published for the 
most recently completed segment of this proceeding; (3) if the exporter 
is not a firm covered in this review, or the original 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 6.08 
percent, the all-others rate established in the LTFV investigation.\13\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \13\ 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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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 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 being issued in accordance with sections 751(a)(1) 
and 777(i) of the Act.

    Dated: December 2, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
    NVR-Specific Issues
    Comment 1: NVR's Direct Material Costs (DIRMAT)
    Comment 2: NVR's Change in Inventory Adjustment
    Comment 3: Whether Commerce Should Apply the Transactions 
Disregarded Rule to the Cost of Services NVR Obtained from Certain 
Affiliated Parties
    Comment 4: Whether Commerce Should Deny NVR's Claimed Offset to 
Its Reported General and Administrative (G&A) Expense Calculation
    Comment 5: Whether Commerce Should Deny NVR's Claimed Offsets to 
Its Reported Interest Expenses
    Comment 6: Whether Section 232 Duties Should be Deducted From 
U.S. Price
    OTS-Specific Issues
    Comment 7: Whether Commerce Should Use the Quarterly Cost 
Averaging Methodology for OTS
    Comment 8: Whether Commerce Should Depart From the 90/60 
Contemporaneous Period Methodology
VI. Recommendation

[FR Doc. 2022-26716 Filed 12-7-22; 8:45 am]
BILLING CODE 3510-DS-P