[Federal Register Volume 88, Number 115 (Thursday, June 15, 2023)]
[Notices]
[Pages 39229-39231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12828]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-812]


Certain Carbon and Alloy Steel Cut-To-Length Plate From Belgium: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that Industeel Belgium S.A. (Industeel), a producer and 
exporter subject to this administrative review, made sales of subject 
merchandise at less than normal value (NV) during the period of review 
(POR), May 1, 2021, through April 30, 2022. Additionally, we 
preliminarily determine that one company had no shipments during the 
POR. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable June 15, 2023.

FOR FURTHER INFORMATION CONTACT: Steven Seifert, 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) 482-3350.

SUPPLEMENTARY INFORMATION: 

Background

    On July 14, 2022, based on timely requests for review in accordance 
with 19 CFR 351.221(c)(1)(i), we published a notice of initiation of an 
administrative

[[Page 39230]]

review of the antidumping duty order \1\ on certain carbon and alloy 
steel cut-to-length plate from Belgium.\2\ This review covers Industeel 
and NLMK Belgium,\3\ producers and/or exporters of the subject 
merchandise. Commerce selected both companies for individual 
examination.
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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).
    \3\ Commerce collapsed NLMK Clabecq S.A., NLMK Plate Sales S.A., 
NLMK Sales Europe S.A., NLMK Manage Steel Center S.A., and NLMK La 
Louviere S.A. as a single entity (collectively, NLMK Belgium) in the 
less-than-fair-value investigation. See Certain Carbon and Alloy 
Steel Cut-To-Length Plate from Belgium: Final Determination of Sales 
at Less Than Fair Value and Final Determination of Critical 
Circumstances, in Part, 82 FR 16378 (April 4, 2017).
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    On January 11, 2023, Commerce extended the preliminary results of 
this review by 120 days, until May 31, 2023.\4\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\5\ A list of topics discussed 
in the Preliminary Decision Memorandum is included in the appendix to 
this notice. The Preliminary 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 http://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2021-2022 Antidumping Duty Administrative Review,'' dated 
January 11, 2023.
    \5\ 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 Belgium,'' dated concurrently with, and hereby adopted by, this 
notice (Preliminary Decision Memorandum).
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Preliminary Determination of No Shipments

    Based on entry documentation received from U.S. Customs and Border 
Protection (CBP) \6\ and the certification provided by NLMK Belgium,\7\ 
we preliminarily determine that NLMK Belgium had no shipments and, 
therefore, no reviewable entries, of subject merchandise during the 
POR. Consistent with Commerce's practice, we will not rescind the 
review with respect to NLMK Belgium, but, rather, will complete the 
review and issue appropriate instructions to CBP based on the final 
results of the review.\8\
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    \6\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Information,'' dated November 16, 2022.
    \7\ See NLMK Belgium's Letter, ``No Shipment Certification,'' 
dated August 5, 2022.
    \8\ See 19 CFR 351.307(b)(1)(v).
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Scope of the Order

    The products covered by the Order are certain carbon and alloy 
steel cut-to-length plate from Belgium. For a full description of the 
scope of the Order, see 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). 
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.

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/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Industeel Belgium S.A......................................        2.65
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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.\9\ Interested 
parties may submit case briefs to Commerce no later than 30 days after 
the date of publication of this notice.\10\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the time limit for filing case briefs.\11\ Parties who submit 
case briefs or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\12\ Case and 
rebuttal briefs should be filed using ACCESS and must be served on 
interested parties.\13\ Note that Commerce has temporarily modified 
certain of its requirements for serving documents containing business 
proprietary information, until further notice.\14\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c).
    \11\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See 19 CFR 351.303.
    \14\ 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.\15\ Hearing requests should contain: (1) 
the party's name, address, and telephone number; (2) the number of 
participants; (3) whether any participant is a foreign national; and 
(4) a list of issues to be discussed. Issues raised in the hearing will 
be limited to those raised in the respective case and rebuttal briefs. 
If a request for a hearing is made, Commerce intends to hold the 
hearing at a date and time to be determined.\16\ Parties should confirm 
the date, time, and location of the hearing two days before the 
scheduled date.
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    \15\ See 19 CFR 351.310(c).
    \16\ See 19 CFR 351.310(d).
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    An electronically-filed document must be received successfully in 
its entirety by ACCESS by 5:00 p.m. Eastern Time on the established 
deadline.
    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, no later than 120 days after the date of publication of 
this notice, unless otherwise extended.\17\
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    \17\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries.\18\ Pursuant to 19 CFR 351.212(b)(1), if Industeel'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 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 those same sales. Where either Industeel's 
weighted-

[[Page 39231]]

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.\19\
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    \18\ See 19 CFR 351.212(b).
    \19\ See 19 CFR 351.106(c)(2).
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    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.
    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Industeel 
for which it 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 (5.40 percent) if there is no rate for the intermediate 
company(ies) involved in the transaction.\20\
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    \20\ 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 Industeel 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 investigated companies not participating in this review, 
the cash deposit rate will continue to be the company-specific cash 
deposit rate published for the most recently completed segment; (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 for the producer of the merchandise; and (4) 
the cash deposit rate for all other producers or exporters will 
continue to be 5.40 percent, the all-others rate established in the 
LTFV investigation.\21\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \21\ See CTL Plate Order, 82 FR 24098.
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Notification to Importers

    This notice serves as a preliminary 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 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 31, 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. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-12828 Filed 6-14-23; 8:45 am]
BILLING CODE 3510-DS-P