[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48384-48386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12350]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-808]


Stainless Steel Plate in Coils From Belgium: Preliminary Results 
and Rescission, in Part, 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 Aperam Steel Belgium N.V. (ASB) made sales of stainless steel 
plate in coils from Belgium at less than normal value (NV) during the 
period of review (POR), May 1, 2022, through April 30, 2023. 
Additionally, Commerce is rescinding this administrative review with 
respect to certain companies. We invite interested parties to comment 
on these preliminary results.

DATES: Applicable June 6, 2024.

FOR FURTHER INFORMATION CONTACT: Samuel Brummitt, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-7851.

[[Page 48385]]


SUPPLEMENTARY INFORMATION:

Background

    On May 21, 1999, Commerce published in the Federal Register the 
antidumping duty (AD) order on stainless steel plate in coils from 
Belgium.\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 and in 
accordance with section 751(a)(1) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.221(c)(1)(i), Commerce initiated an 
administrative review of the Order covering four exporters and/or 
producers.\3\ Pursuant to section 751(a)(3)(A) of the Act, Commerce 
extended the deadline for the preliminary results until May 30, 
2024.\4\
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    \1\ See Antidumping Duty Orders; Certain Stainless Steel Plate 
in Coils from Belgium, Canada, Italy, the Republic of Korea, South 
Africa, and Taiwan, 64 FR 27756 (May 21, 1999) (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 27445 (May 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262, 44263 (July 12, 2023); see also 
Antidumping or Countervailing Duty Order, Finding, or Suspended 
Investigation; Opportunity To Request Administrative Review and Join 
Annual Inquiry Service List, 88 FR 27445, 27446 (May 2, 2023).
    \4\ See Memorandum, ``Extension of Deadline for Preliminary 
Results,'' dated January 18, 2024.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
A list of the topics included in the Preliminary Decision Memorandum is 
included as 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 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.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Stainless Steel 
Plate in Coils from Belgium; 2022-2023,'' dated concurrently with, 
and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The merchandise covered by this Order is stainless steel plate in 
coils from Belgium. For a complete description of the scope of the 
Order, see the Preliminary Decision Memorandum.\6\
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    \6\ See Preliminary Decision Memorandum at ``Scope of the 
Order.''
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Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Act. Constructed Export price was 
calculated in accordance with section 772 of the Act. NV was 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.

Rescission of Review, In Part

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an AD order when there are no 
reviewable entries of subject merchandise during the POR for which 
liquidation is suspended.\7\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the AD 
assessment rate calculated for the review period.\8\ Therefore, for an 
administrative review to be conducted, there must be at least one 
reviewable, suspended entry that Commerce can instruct CBP to liquidate 
at the AD assessment rate calculated for the review period.\9\ There 
were no entries of subject merchandise during the POR for the following 
companies subject to the review: ArcelorMittal Genk, Helaxa BVBA, and 
Industeel Belgium. As a result, on April 1, 2024, Commerce notified all 
interested parties of its intent to rescind this review, in part, with 
respect to these companies and received no comments.\10\ Accordingly, 
Commerce is rescinding this review, in part, with respect to these 
three companies. The administrative review remains active with respect 
to the mandatory respondent, ASB.
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    \7\ See, e.g., Dioctyl Terephthalate from the Republic of Korea: 
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR 
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut- 
to Length Plate from the Federal Republic of Germany: Recission of 
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January 
24, 2023).
    \8\ See 19 CFR 351.212(b)(1).
    \9\ See 19 CFR 351.213(d)(3).
    \10\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated April 1, 2024.
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Preliminary Results of the Review

    We preliminarily determine that the following estimated weighted-
average dumping margin exists for the period May 1, 2022, through April 
30, 2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Exporter/producer                         dumping
                                                                margin
                                                              (percent)
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Aperam Stainless Belgium N.V...............................        0.78
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Disclosure and Public Comment

    Commerce intends to disclose its calculations and analysis 
performed to interested parties for these preliminary results within 
five days of the date of publication of this notice in the Federal 
Register, in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c), interested parties may submit case 
briefs to Commerce 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.\11\ 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.\12\
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    \11\ 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 Service Final Rule).
    \12\ See 19 CFR 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 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.\13\ Further, 
we request that interested parties limit their public executive summary 
of each issue to no more than 450 words, not including citations. We 
intend to use the public 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 public 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).\14\
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    \13\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \14\ See APO and Service Final 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

[[Page 48386]]

and Compliance, filed electronically via ACCESS. 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. 
Issues raised in the hearing will be limited to those raised in the 
respective case briefs. An electronically-filed hearing request must be 
received successfully in its entirety via ACCESS by 5 p.m. Eastern Time 
within 30 days after the date of publication of this notice. Commerce 
intends to issue the final results of this administrative review, 
including the results of our analysis of the issues raised in any the 
written briefs, no later than 120 days after the date of publication of 
this notice, unless otherwise extended.\15\
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    \15\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\16\
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    \16\ See 19 CFR 351.212(b)(1).
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    With respect to the companies for which we have rescinded this 
review, in part, Commerce intends to instruct CBP to assess antidumping 
duties on all appropriate entries at rates equal to the cash deposit 
rate of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, during the POR, in 
accordance with 19 CFR 351.212(c)(1)(i).
    We intend 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).
    If ASB's weighted-average dumping margin is not zero or de minimis 
(i.e., less than 0.50 percent), we will calculate importer-specific ad 
valorem AD 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 in accordance with 19 CFR 
351.212(b)(1). If the 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. To 
determine whether an importer-specific, per-unit assessment rate is de 
minimis, in accordance with 19 CFR 351.106(c)(2), we also will 
calculate an importer-specific ad valorem ratio based on estimated 
entered values. Where either a respondent's weighted average dumping 
margin is zero or de minimis, or an importer-specific ad valorem 
assessment rate is zero or de minimis, we intend to instruct CBP to 
liquidate appropriate entries without regard to antidumping duties.\17\
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    \17\ See 19 CFR 351.106(c)(2); see also Antidumping Proceeding: 
Calculation of the Weighted-Average Dumping Margin and Assessment 
Rate in Certain Antidumping Proceedings; Final Modification, 77 FR 
8101, 8103 (February 14, 2012).
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    For entries of subject merchandise during the POR produced by ASB 
for which it did not know that the merchandise was destined for the 
United States, we will instruct CBP to liquidate such entries at the 
all-others rate (i.e., 9.86 percent) if there is no rate for the 
intermediate company(ies) involved in the transaction.\18\
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    \18\ See Order, 64 FR at 27757; see also Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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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 
final results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) the cash deposit rate for ASB will be 
equal to the weighted-average dumping margin established in the final 
results of this administrative 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 listed above, the 
cash deposit rate will continue to be the company-specific 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, a prior review, or in the less-than-fair-value 
investigation (LTFV) but the producer is, the cash deposit rate will be 
the 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 
the all-others rate of 9.86 percent, the rate established in the LTFV 
investigation of this proceeding.\19\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \19\ See Order, 64 FR at 27757.
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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)(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 doubled antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results of review 
in accordance with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 
351.213(h)(2) and 19 CFR 351.221(b)(4).

    Dated: May 30, 2024.
Abdelali 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. Recission of Administrative Review, In Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-12350 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P