[Federal Register Volume 89, Number 21 (Wednesday, January 31, 2024)]
[Notices]
[Pages 6090-6092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01936]


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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; 2022-
2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily finds 
that certain carbon and alloy steel cut-to-length plate (CTL plate) 
from Italy were made at less than normal value (NV) during the period 
of review (POR), May 1, 2022, through April 30, 2023. Commerce also 
determines that one mandatory respondent did not make sales of subject 
merchandise at less than normal value during the POR. We invite 
interested parties to comment on these preliminary results.

DATES: Applicable January 31, 2024.

FOR FURTHER INFORMATION CONTACT: Sean Grossnickle, 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) 482-3818.

SUPPLEMENTARY INFORMATION: 

Background

    On May 25, 2017, Commerce published in the Federal Register the 
antidumping duty order on CTL plate from Italy.\1\ On May 2, 2023, 
Commerce published in the Federal Register a notice of opportunity to 
request an administrative review of the Order.\2\ On July 12, 2023, 
based on timely requests for review, in accordance with 19 CFR 
351.221(c)(1)(i), we initiated an administrative review of the Order 
covering two producers/exporters, NLMK Verona S.p.A. and Officine 
Tecnosider S.R.L..\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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    \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 Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 27449 (May 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023).
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2022-2023 Administrative Review of the Antidumping 
Duty Order on Certain Carbon and Alloy Cut-to-Length Plate from 
Italy,'' dated concurrently with, and hereby adopted by, this notice 
(Preliminary Decision Memorandum).
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Scope of the Order

    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). 
Export price and constructed export price are calculated in accordance 
with section 772 of the Act. Normal value is calculated in accordance 
with section 773 of the Act.
    For a full description of the methodology underlying these 
preliminary results, see the Preliminary Decision Memorandum. A list of 
topics discussed in the Preliminary Decision Memorandum is attached as 
an 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

[[Page 6091]]

registered users at https://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.

Preliminary Results of Review

    Commerce preliminarily determines that the following estimated 
weighted-average dumping margins exist for the period May 1, 2022, 
through April 30, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
NLMK Verona S.p.A...........................................        2.45
Officine Tecnosider S.R.L...................................        0.00
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Disclosure and Public Comment

    Commerce intends to disclose the calculations and analysis 
performed to interested parties for these preliminary results within 
five days after public announcement or if there is no public 
announcement, within five days after the date of publication of this 
notice in the Federal Register.\5\ Interested parties may submit case 
briefs no later than 30 days after the date of publication of this 
notice.\6\ Rebuttal briefs, limited to issues raised in the case 
briefs, may be filed no later than five days after the date for filing 
case briefs.\7\ Interested parties who submit case briefs or rebuttal 
briefs in this proceeding must submit: (1) a table of contents listing 
each issue; and (2) a table of authorities.\8\
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    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c)(1)(ii).
    \7\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Final Service Rule).
    \8\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this administrative review, we instead 
request that interested parties provide at the beginning of their 
briefs a public, executive summary for each issue raised in their 
briefs.\9\ Further, we request that interested parties limit their 
executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the executive summaries as the 
basis of the comment summaries included in the issues and decision 
memorandum that will accompany the final determination in this 
investigation. We request that interested parties include footnotes for 
relevant citations in the executive summary of each issue. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\10\
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    \9\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \10\ See APO and Final Service Rule.
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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, filed electronically via 
ACCESS. 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. An electronically filed hearing 
request must be received successfully in its entirety by Commerce's 
electronic records system, ACCESS, by 5 p.m. Eastern Time within 30 
days after the date of publication of this notice. If a request for a 
hearing is made, Commerce intends to hold a hearing at a time and date 
to be determined.\11\ Parties should confirm the date, time, and 
location of the hearing two days before the scheduled date.
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    \11\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon completion of the final results of this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise covered by this review.\12\
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    \12\ See 19 CFR 351.212(b).
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    If a respondent's weighted-average dumping margin is not zero or de 
minimis (i.e., less than 0.50 percent) in the final results of this 
review, we intend to calculate an importer-specific ad valorem 
antidumping duty assessment rate based on the ratio of the total amount 
of dumping calculated for each importer's examined sales to the total 
entered value of those same sales in accordance with 19 CFR 
351.212(b)(1).\13\ If the weighted-average dumping margin or an 
importer-specific assessment rate is zero or de minimis in the final 
results of review, we intend to instruct CBP to liquidate entries 
without regard to antidumping duties.\14\ The final results of this 
administrative 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.\15\
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    \13\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8103 (February 14, 
2012).
    \14\ Id., 77 FR at 8102; see also 19 CFR 351.106(c)(2).
    \15\ See section 751(a)(2)(C) of the Act.
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    If a respondent has not reported entered values, we will calculate 
a per-unit assessment rate for each importer by dividing the total 
amount of dumping calculated for the examined sales made to that 
importer by the total quantity associated with those sales.
    For entries of subject merchandise during the POR produced by each 
individually examined respondent for which the they did not know that 
the merchandise was destined for the United States, we will instruct 
CBP to liquidate unreviewed entries at the all-others rate established 
in the original less-than-fair-value (LTFV) investigation (i.e., 6.08 
percent) if there is no rate for the intermediate company(ies) involved 
in the transaction.\16\
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    \16\ See Order; see also 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 upon 
publication in the Federal Register of the notice of final results of 
administrative review for all shipments of the subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, 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 merchandise 
exported by producers or exporters not covered in this review but 
covered in a prior segment of the proceeding, the cash deposit rate 
will continue to be the

[[Page 6092]]

company-specific rate published for the most recently-completed segment 
of this proceeding in which they were 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.\17\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \17\ See Order.
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Final Results of Review

    Unless the deadline is otherwise extended, Commerce intends to 
issue the final results of this administrative review, including the 
results of its analysis of issues raised by interested parties in the 
written comments, within 120 days after the date of publication of 
these preliminary results in the Federal Register.\18\
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    \18\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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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: January 25, 2024.
Abdelalia Elouaradia,
Deputy 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. 2024-01936 Filed 1-30-24; 8:45 am]
BILLING CODE 3510-DS-P