[Federal Register Volume 89, Number 107 (Monday, June 3, 2024)]
[Notices]
[Pages 47531-47532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12061]


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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: 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 
determines that certain carbon and alloy steel cut-to-length plate (CTL 
plate) from the Federal Republic of Germany (Germany) is not being, or 
is not likely to be, sold in the United States at less than normal 
value (NV) during the period of review (POR) May 1, 2022, through April 
30, 2023.

DATES: Applicable June 3, 2024.

FOR FURTHER INFORMATION CONTACT: Adam Simons, 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) 482-6172.

SUPPLEMENTARY INFORMATION:

Background

    On July 12, 2023, based on a timely request for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review on CTL plate from Germany.\1\ This review covers one producer/
exporter of the subject merchandise, AG der Dillinger H[uuml]ttenwerke 
(Dillinger). On January 11, 2024, we extended the preliminary results 
of this review to no later than May 24, 2024.\2\ For a complete 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\3\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023).
    \2\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated 
January 11, 2024.
    \3\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2022-2023 Administrative Review of the Antidumping 
Duty Order on Certain Carbon and Alloy Steel Cut-To-Length Plate 
from the Federal Republic of Germany,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The products covered by the order are certain carbon and alloy 
steel hot-rolled or forged flat plate products not in coils, whether or 
not painted, varnished, or coated with plastics or other non-metallic 
substances from Germany. Products subject to the order are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030, 
7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 
7226.20.0000, and 7226.91.5000. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the merchandise subject to this scope is dispositive.\4\
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    \4\ For a complete description of the scope of the order, see 
the Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a) 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. 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 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. A list of the topics 
discussed in the Preliminary Decision Memorandum is attached as an 
appendix to this notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for the period May 1, 
2022, through April 30, 2023:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/ exporter                        dumping
                                                                 margin
                                                               (percent)
------------------------------------------------------------------------
AG der Dillinger H[uuml]ttenwerke............................       0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results to interested parties within five days after the 
date of publication of this notice.\5\ Pursuant to 19 CFR 351.309(c), 
interested parties may submit case briefs no later than 30 days after 
the date of publication of this notice. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the date for filing case briefs.\6\ Interested parties who submit 
case or rebuttal briefs in this proceeding must submit: (1) a table of 
contents listing each issue; and (2) a table of authorities.\7\ All 
briefs must be filed electronically using ACCESS. An electronically 
filed document must be received successfully in its entirety in ACCESS 
by 5:00 p.m. Eastern Time on the established deadline.
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    \5\ See 19 CFR 351.224(b).
    \6\ 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).
    \7\ 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 briefs that should be limited to five pages 
total, including footnotes. In this 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.\8\ 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 results in this administrative review. 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).\9\
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    \8\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \9\ 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 by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice. Requests should contain: (1) the party's 
name,

[[Page 47532]]

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, Commerce will inform parties of the scheduled date for 
the hearing.\10\
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    \10\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon issuing the final results, Commerce shall determine, and U.S. 
Customs and Border Protection (CBP) shall assess, antidumping duties on 
all appropriate entries. Pursuant to 19 CFR 351.212(b)(1), because 
Dillinger 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 those sales. 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.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by Dillinger for which it 
did not know that the merchandise it sold to an 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.\11\
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    \11\ 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 Dillinger 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 or reviewed 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 of 
this proceeding in which the company participated; (3) if the exporter 
is not a firm covered in this review, or the less-than-fair-value 
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 be 20.99 percent, the 
all-others rate established in the Second Amended Final 
Determination.\12\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \12\ See Certain Carbon and Alloy Steel Cut-to-Length Plate From 
the Federal Republic of Germany: Notice of Court Decision Not in 
Harmony With the Amended Final Determination of Antidumping 
Investigation; Notice of Second Amended Final Determination, 89 FR 
1882, 1883 (January 11, 2024) (Second Amended Final Determination).
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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.

    Dated: May 24, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.

Appendix

List of Topics in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2024-12061 Filed 5-31-24; 8:45 am]
BILLING CODE 3510-DS-P