[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36534-36535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11840]


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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 
Rescission in Part; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that sales of subject merchandise were made at less than 
normal value (NV) during the period of review (POR), May 1, 2021, 
through April 30, 2022. We are also rescinding this review with respect 
to Officine Tecnosider s.r.l. (OTS). We invite interested parties to 
comment on these preliminary results.

DATES: Applicable June 5, 2023.

FOR FURTHER INFORMATION CONTACT: Nathan Araya, 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) 482-3401.

SUPPLEMENTARY INFORMATION:

Background

    On July 14, 2022, 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 \1\ on certain carbon and alloy 
steel cut-to-length plate (CTL plate) from Italy with respect to two 
producers/exporters of the subject merchandise, NLMK Verona S.p.A (NVR) 
and OTS.\2\
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    \1\ 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) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144 (July 14, 2022).
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    On January 3, 2023, Commerce extended the preliminary results of 
this review to no later than May 31, 2023.\3\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\4\
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    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated 
January 3, 2023.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 Administrative Review of the Antidumping 
Duty Order on Certain Carbon and Alloy Steel Cut-to-Length Plate 
from Italy,'' (Preliminary Decision Memorandum) dated concurrently 
with, and hereby adopted by, this notice.
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Scope of the Order 5
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    \5\ See Order.
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    The merchandise subject to the Order is certain carbon and alloy 
steel cut-to-length plate from Italy. For a complete description of the 
scope of the Order, see the Preliminary Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Constructed export price is 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.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from Cleveland-Cliffs Steel LLC, Nucor 
Corporation, and SSAB Enterprises, LLC (collectively, the petitioners) 
on October 12, 2022, withdrawing its request for a review of OTS.\6\ 
Because the withdrawal request was timely filed, and no other party 
requested a review of this company, in accordance with 19 CFR 
351.213(d)(1), Commerce is rescinding this review of the Order with 
respect to OTS.
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    \6\ See Petitioners' Letter, ``Withdrawal of Request for 
Administrative Review,'' dated October 12, 2022.
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Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period May 1, 2021, through April 30, 
2022:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
NLMK Verona S.p.A...........................................       15.88
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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.\7\ Interested 
parties may submit case briefs to Commerce no later than 30 days after 
the date of publication of this notice.\8\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the deadline for filing case briefs.\9\ Parties who submit case 
or rebuttal briefs are requested to submit with each argument: (1) a 
statement of the issue; (2) a brief summary of the arguments; and (3) a 
table of authorities.\10\ Case and rebuttal briefs should be filed 
using ACCESS \11\ and must be served on interested parties.\12\ 
Executive summaries should be limited to five pages total, including 
footnotes. Note that Commerce has temporarily modified certain aspects 
of

[[Page 36535]]

its requirements for serving documents containing business proprietary 
information, until further notice.\13\
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c).
    \9\ See 19 CFR 351.309(d).
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See 19 CFR 351.303.
    \12\ See 19 CFR 351.303(f).
    \13\ 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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    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. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing.\15\ Parties are reminded that all 
briefs and hearing requests must be filed electronically using ACCESS 
and received successfully in their entirety by 5 p.m. Eastern Time on 
the due date.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
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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.\16\
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    \16\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the final results, Commerce shall determine, and 
U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries.\17\ Pursuant to 19 CFR 
351.212(b)(1), if NVR's weighted-average dumping margin is not zero or 
de minimis (i.e., less than 0.5 percent) in the final results of this 
review, we will calculate importer-specific assessment rates based on 
the ratio of the total amount of dumping calculated for the importer's 
examined sales to the total entered value of those same sales. If NVR'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.
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    \17\ See 19 CFR 351.212(b).
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by NVR for 
which the company did not know that the merchandise was destined for 
the United States, we will instruct CBP to liquidate those entries at 
the all-others rate established in the original less-than-fair-value 
(LTFV) investigation (6.08 percent) if there is no rate for the 
intermediate company(ies) involved in the transaction.\18\
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    \18\ 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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    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 companies 
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 previously reviewed or investigated companies not covered in 
this review, the cash deposit rate will continue to be the company-
specific cash deposit rate published for the most recently completed 
segment in which the company was reviewed; (3) if the exporter is not a 
firm covered in this review, a prior review, or the original LTFV 
investigation, but the producer is, then the cash deposit rate will be 
the cash deposit rate established for the most recently completed 
segment of this proceeding 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.\19\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \19\ See Order.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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 doubled 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 26, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-11840 Filed 6-2-23; 8:45 am]
BILLING CODE 3510-DS-P