[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4154-4155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01331]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-844]


Certain Carbon and Alloy Steel Cut-to-Length Plate From the 
Federal Republic of Germany: Recission of Antidumping Administrative 
Review; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty order on certain carbon 
and alloy steel cut-to-length plate (CTL plate) from the Federal 
Republic of Germany (Germany), covering the period of review (POR) May 
1, 2021, through April 30, 2022.

DATES: Applicable January 24, 2023.

FOR FURTHER INFORMATION CONTACT: Paul Gill, AD/CVD Operations, Office 
IX, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-5673.

SUPPLEMENTARY INFORMATION: 

Background

    On May 2, 2022, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the antidumping 
duty order on CTL plate from Germany, covering the POR.\1\ On May 31, 
2022, Cleveland-Cliffs Steel LLC, Nucor Corporation, and SSAB 
Enterprises, LLC (collectively, the petitioners) timely requested that 
Commerce conduct an administrative review.\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2, 
2022).
    \2\ See Petitioners' Letter, ``Request for Administrative 
Review,'' dated May 31, 2022.
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    On July 14, 2022, Commerce published in the Federal Register a 
notice of initiation of an administrative review with respect to AG der 
Dillinger H[uuml]ttenwerke (Dillinger) in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).\3\ On July 15, 
2022, Commerce released U.S. Customs and Border Protection (CBP) entry 
data for the POR to all interested parties.\4\ On July 19, 2022, 
Dillinger, the only company subject to this review, filed a no-
shipments certification, stating that it did not have any exports, 
sales, or entries of CTL plate for consumption in the United States 
during the POR.\5\
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144, 42147 (July 14, 2022).
    \4\ See Memorandum, ``Release of Customs Entry Data from U.S. 
Customs and Border Protection (CBP),'' dated July 15, 2022.
    \5\ See Dillinger's Letter, ``Notice of No Sales,'' dated July 
19, 2022.
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    On August 4, 2022, Commerce requested entry documentation from 
CBP,\6\ which it placed on the record of this administrative review on 
October 18, 2022.\7\ On October 26, 2022, Dillinger requested 
additional guidance regarding the information contained in the CBP 
Entry Documents Memorandum, which Commerce provided on October 28, 
2022.\8\ On November 7, 2022, Dillinger submitted comments on the CBP 
Entry Documents Memorandum, as well as additional information Commerce 
requested in its October 28, 2022, letter.\9\
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    \6\ See Memorandum, ``Request for Entry Documentation,'' dated 
August 4, 2022.
    \7\ See Memorandum, ``Notification of Receipt of U.S. Entry 
Documents,'' dated October 18, 2022 (CBP Entry Documents 
Memorandum).
    \8\ See Dillinger's Letter, ``Request for Extension of Comment 
Period for Entry Documents and for Guidance on the Disclosure of 
Entry Information,'' dated October 26, 2022; and Commerce's Letter, 
Guidance for the CBP Entry Documents Memorandum, dated October 28, 
2022.
    \9\ See Dillinger's Letters, ``Comments on Entry Documents,'' 
dated November 7, 2022; and ``Response to Request for Invoice 
Data,'' dated November 7, 2022.
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    On December 28, 2022, Commerce found that the information Dillinger 
provided demonstrated that it had no U.S. sales of subject merchandise 
during the POR; therefore, Commerce notified interested parties of its 
intent to rescind the review of Dillinger because the company did not 
have a reviewable, suspended entry of subject merchandise during the 
POR.\10\ Commerce also provided parties an opportunity to submit 
comments, including factual information, to demonstrate whether there 
were reviewable entries during the POR for Dillinger.\11\ On January 4, 
2023, only Dillinger filed comments regarding Commerce's intent to 
rescind this review, agreeing that Commerce should rescind the 
review.\12\
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    \10\ See Memorandum, ``Notice of Intent to Rescind Review,'' 
dated December 28. 2022.
    \11\ Id.
    \12\ See Dillinger's Letter, ``Comments on Notice of Intent to 
Rescind Review,'' dated January 4, 2023.
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Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an antidumping duty order where it 
concludes that there were no reviewable entries of subject merchandise 
during the POR for an exporter or producer.\13\

[[Page 4155]]

Normally, upon completion of an administrative review, the suspended 
entries are liquidated at the antidumping duty assessment rate for the 
review period.\14\ Therefore, for an administrative review to be 
conducted, there must be a reviewable, suspended entry that Commerce 
can instruct CBP to liquidate at the calculated antidumping duty 
assessment rate for the review period.\15\ As noted above, there were 
no entries of subject merchandise from Dillinger during the POR. 
Accordingly, in the absence of reviewable, suspended entries of subject 
merchandise during the POR, we are rescinding this administrative 
review for Dillinger in accordance with 19 CFR 351.213(d)(3).
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    \13\ See, e.g., Welded Line Pipe from the Republic of Turkey: 
Rescission of the Antidumping Duty Administrative Review; 2019-2020, 
87 FR 27988 (May 10, 2022).
    \14\ See 19 CFR 351.212(b)(2).
    \15\ See 19 CFR 351.212(d)(3).
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Assessment

    Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries. Because Commerce is rescinding this review in its 
entirety, the entries to which this administrative review pertained 
shall be assessed at rates 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). 
Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of this rescission notice in 
the Federal Register.

Cash Deposit Requirements

    As Commerce has proceeded to a final rescission of this 
administrative review, no cash deposit rates will change. Accordingly, 
the current cash deposit requirements shall remain in effect until 
further notice.

Administrative Protective Order

    This notice serves as a final reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return or destruction of 
the APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with regulations and terms of an APO is a 
violation, which is subject to sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(l) of the Act, and 19 CFR 351.213(d)(4).

    Dated: January 19, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-01331 Filed 1-23-23; 8:45 am]
BILLING CODE 3510-DS-P