[Federal Register Volume 87, Number 236 (Friday, December 9, 2022)]
[Notices]
[Pages 75591-75592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26730]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-812]


Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium: 
Final Results of Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: The Department of Commerce (Commerce) determines that 
Industeel Belgium S.A. (Industeel) made sales of subject merchandise at 
less than normal value during the period of review (POR), May 1, 2020, 
through April 30, 2021.

DATES: Applicable December 9, 2022.

FOR FURTHER INFORMATION CONTACT: Alex Wood or Ann Marie Caton, 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 and (202) 482-2607, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 6, 2022, Commerce published the Preliminary Results.\1\ On 
August 1, 2022, we extended the deadline for the final results until 
December 2, 2022.\2\ On October 6, 2022, we released the final 
verification report and invited parties to comment on the Preliminary 
Results.\3\ Also in October 2022, we received a case brief from Nucor 
Corporation (the petitioner) and a rebuttal brief from Industeel.\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 
Belgium: Preliminary Results and Partial Rescission of Antidumping 
Duty Administrative Review; 2020-2021, 87 FR 34244 (June 6, 2022) 
(Preliminary Results).
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
2020-2021 Antidumping Duty Administrative Review,'' dated August 1, 
2022.
    \3\ See Memorandum, ``Verification of Industeel Belgium S.A.,'' 
dated October 4, 2022; see also Memorandum, ``Briefing Schedule for 
the Final Results,'' dated October 6, 2022.
    \4\ See Petitioner's Letter, ``Nucor's Case Brief,'' dated 
October 13, 2022; see also Industeel's Letter, ``Industeel's 
Rebuttal Brief,'' dated October 24, 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 Belgium,'' dated concurrently with, and hereby 
adopted by, this notice (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 nonmetallic 
substances from Belgium. Products subject to the order are currently 
classified in the Harmonized Tariff Schedule on 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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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.

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 
Industeel.\7\
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    \7\ See Issues and Decision Memorandum.
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Final Results of the Review

    We are assigning the following weighted-average dumping margin to 
Industeel for the period May 1, 2020, through April 30, 2021:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producers/exporters                        dumping
                                                                margin
                                                              (percent)
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Industeel Belgium S.A......................................        1.14
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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 has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all

[[Page 75592]]

appropriate entries of subject merchandise in accordance with the final 
results of this review.
    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.
    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.\8\
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    \8\ 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 Industeel in these final 
results of review for which Industeel 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.
    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 5.40 
percent, the all-others rate established in the LTFV investigation.\9\ 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \9\ 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 and published 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
    Comment 1: Application of Facts Available to Home Market Inland 
Freight
    Comment 2: Adjustment to Scrap Offset
    Comment 3: Adjustments to General and Administrative Expense 
Ratio
VI. Recommendation

[FR Doc. 2022-26730 Filed 12-8-22; 8:45 am]
BILLING CODE 3510-DS-P