[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Notices]
[Pages 4967-4969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01562]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-834]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) is amending the 
final results of the administrative review of the antidumping duty 
order on certain carbon and alloy steel cut-to-length plate from Italy 
to correct a ministerial error. The period of review (POR) is May 1, 
2020, through April 30, 2021.

DATES: Applicable January 26, 2023.

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 December 8, 2022, Commerce published the final results of this 
administrative review.\1\ On December 16, 2022, Commerce disclosed its 
calculations to interested parties and provided interested parties with 
the opportunity to submit ministerial error comments.\2\ On December 
20, 2022, NLMK Verona SpA (NVR), a mandatory respondent in this 
administrative review, submitted an allegation of a ministerial error 
in the Final Results.\3\ No other party made an allegation of a 
ministerial error or provided rebuttal comments.
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    \1\ See 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, 87 FR 75219 
(December 8, 2022) (Final Results).
    \2\ See Memorandum, ``2020-2021 Antidumping Duty Administrative 
Review of Certain Carbon and Alloy Steel Cut-To-Length Plate from 
Italy,'' dated December 16, 2022.
    \3\ See NVR's Letter, ``Ministerial Error Comments,'' dated 
December 20, 2022.
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended, (the Act) 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' With respect to final results of administrative reviews, 
19 CFR 351.224(e) provides that Commerce ``will analyze any comments 
received and, if appropriate, correct any ministerial error by amending 
. . . the final results of review . . . .''

Ministerial Error

    We agree with NVR that Commerce made a ministerial error in the 
Final Results within the meaning of section 751(h) of the Act and 19 
CFR 351.224(f) by inadvertently failing to update the program to use 
the revised comparison market calculations, which resulted in an 
incorrect margin calculation for NVR.\4\
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    \4\ See Memorandum, ``Ministerial Error Allegation,'' dated 
concurrently with this notice.
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    Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending 
the Final Results to reflect the correction of this ministerial error 
in the calculation of the weighted-average dumping margin assigned to 
NVR in the Final Results, which changes from 1.47 percent to 0.90 
percent.\5\ Furthermore, we are amending the rate for the companies not 
selected for individual examination in this review based on the 
weighted average dumping margins calculated for the mandatory 
respondents, which changes from 4.43 percent to 3.95 percent.\6\
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    \5\ Id.
    \6\ See Memorandum, ``Amended Calculation of the Cash Deposit 
Rate for Non-Examined Companies,'' dated concurrently with this 
notice (Amended Non-Examined Company Calculation Memorandum).
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Amended Final Results

    As a result of correcting the ministerial error, Commerce 
determines that the following weighted-average dumping margins exist 
for the period May 1, 2020, through April 30, 2021:

[[Page 4968]]



------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
NLMK Verona SpA.............................................        0.90
Arvedi Tubi Acciaio.........................................        3.95
C.M.T. Construzioni Meccaniche di Taglione Emilio & C. S.a.s        3.95
O.ME.P SpA..................................................        3.95
Ofar SpA....................................................        3.95
Officine Meccaniche M.A.M. s.r.l............................        3.95
Sesa SpA....................................................        3.95
SZ Acroni D.o.o.............................................        3.95
Tim-Cop Doo Temerin.........................................        3.95
------------------------------------------------------------------------

Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these amended final results of review to parties in 
this review within five days after public announcement of the amended 
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 amended 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 
examination, we will assign an assessment rate based on the cash 
deposit rates calculated for the mandatory respondents in this review, 
i.e., NVR and Officine Tecnosider s.r.l (OTS), excluding any rates that 
are zero, de minimis, or determined entirely based on adverse facts 
available.\7\ For NVR and the non-selected respondents listed above, 
the amended 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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    \7\ Id. The cash deposit rate for OTS remains unchanged from the 
Final Results.
    \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 companies included in 
these amended 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.
    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 
amended final results of this administrative review, as provided by 
section 751(a)(2)(C) of the Act: (1) the cash deposit rate for NVR and 
the non-selected respondents listed above will be that established in 
the amended 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.\9\ These cash 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.

Administrative Protective Order

    This notice also serves as a 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

[[Page 4969]]

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(h) and 
777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: January 19, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-01562 Filed 1-25-23; 8:45 am]
BILLING CODE 3510-DS-P