[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48392-48395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12358]


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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 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 certain carbon and alloy steel cut-to-length plate (CTL plate) 
from Belgium was sold at less than normal value (NV) during the period 
of review (POR) May 1, 2022, through April 30, 2023. Additionally, 
Commerce is rescinding this review in part, with respect to certain 
companies. We invite interested parties to comment on these preliminary 
results of review.

DATES: Applicable June 6, 2024.

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 May 25, 2017, Commerce published in the Federal Register the 
antidumping duty (AD) order on CTL plate 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 in accordance with 
19 CFR 351.221(c)(1)(i), we initiated an AD administrative review.\3\ 
This review covers 20 producers and/or exporters of the subject 
merchandise.\4\

[[Page 48393]]

Commerce selected Industeel Belgium S.A. (Industeel) 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 (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 27445 (May 2, 
2023) (Initiation Notice).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023).
    \4\ We note that the Initiation Notice listed 24 companies, 
including five companies that Commerce previously collapsed. 
Commerce collapsed the following companies in the less-than-fair-
value investigation: 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). 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 July 12, 2023, we placed on the record U.S. Customs and Border 
Protection (CBP) data for entries of CTL plate from Belgium during the 
POR, showing no suspended entries during the POR for certain companies 
and invited interested parties to comment.\5\ No interested party 
submitted comments regarding the CBP data.
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    \5\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Entry Data,'' dated July 12, 2023.
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    On January 11, 2024, Commerce extended the deadline to issue the 
preliminary results of this review until May 31, 2024.\6\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\7\
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    \6\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated January 
11, 2024.
    \7\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Administrative Review of the Antidumping Duty Order 
on Certain Carbon and Alloy Steel Cut-To-Length Plate 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 product covered by the Order is CTL plate from Belgium. For a 
full description of the scope of the Order, see Preliminary Decision 
Memorandum.

Rescission of Administrative 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 
suspended entries of subject merchandise during the POR.\8\ Normally, 
upon completion of an administrative review, the suspended entries are 
liquidated at the AD assessment rate calculated for the review 
period.\9\ Therefore, for an administrative review to be conducted, 
there must be a suspended entry that Commerce can instruct CBP to 
liquidate at the AD assessment rate calculated for the review 
period.\10\
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    \8\ 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).
    \9\ See 19 CFR 351.212(b)(1).
    \10\ See 19 CFR 351.213(d)(3).
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    As noted above, there were no suspended entries of subject 
merchandise for the following companies: C.A. Picard GmbH; 
D[ouml]rrenberg Edelstahl GmbH; \11\ Edgen Murray; EEW Steel Trading 
LLC; Fike Europe B.A; Macsteel International; NLMK Belgium; NLMK 
Dansteel A.S.; NLMK Verona SpA; NobelClad Europe GmbH & Co. KG; RP 
Technik GmbH Profilsysteme; Salzgitter Mannesmann International GmbH; 
Stahlo Stahl Service GmbH & Co. KG; Stemcor USA; \12\ Thyssenkrupp 
Steel Europe; TWF Treuhandgesellschaft Werbefilm mbH; Tranter Service 
Centers; V[aacute]lcovny Trub Chomutov A.S.; and voestalpine Grobblech 
GmbH. On May 9, 2024, Commerce notified all interested parties of its 
intent to rescind the administrative review in part, with respect to 
these companies because there were no suspended entries of subject 
merchandise during the POR and invited interested parties to 
comment.\13\ No interested party submitted comments in response to this 
notice. Accordingly, in the absence of suspended entries of subject 
merchandise during the POR for these companies for which this review 
was initiated, we are hereby rescinding this administrative review, in 
part, with respect to these 19 companies, in accordance with 19 CFR 
351.213(d)(3).
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    \11\ In the Initiation Notice, this company was inadvertently 
listed as Doerrenberg Edelstahl Gmb. The correct name is 
D[ouml]rrenberg Edelstahl GmbH. See D[ouml]rrenberg Edelstahl GmbH's 
Letter, ``Certification of No Sales, Shipments, or Entries,'' dated 
August 9, 2023.
    \12\ Although Commerce received a request for review of this 
company, Commerce should not have included this company in the 
Initiation Notice because it is a company located in the United 
States and is, therefore, neither a producer nor an exporter under 
section 19 CFR 351.213. Similarly, Commerce inadvertently initiated 
a review of this company in the prior review and assigned it the 
rate for companies not selected for individual examination. See 
Certain Carbon and Alloy Steel Cut-To-Length Plate from Belgium: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2019-2020, 87 FR 7116 (February 8, 
2022). Commerce intends to issue rescission instructions with 
respect to this company and, for the final results, notify CBP that 
it will deactivate the number assigned to this company in the 
Automated Commercial Environment (ACE).
    \13\ See Memorandum, ``Notice of Intent to Rescind Review, in 
Part,'' dated May 9, 2024.
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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. 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.

Preliminary Results of the 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 or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Industeel Belgium S.A.......................................        2.52
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed for these 
preliminary results to interested parties within five days after public 
announcement, or if there is no public announcement, within five days 
of the date of publication of this notice in the Federal Register.\14\ 
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.\15\ 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.\16\ 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.\17\
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    \14\ See 19 CFR 351.224(b).
    \15\ See 19 CFR 351.303 (for general filing requirements).
    \16\ 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).
    \17\ 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

[[Page 48394]]

the beginning of their briefs a public, executive summary for each 
issue raised in their briefs.\18\ 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).\19\
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    \18\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \19\ See Administrative Protective Order, Service, and Other 
Procedures in Antidumping and Countervailing Duty Proceedings; Final 
Rule, 88 FR 67069 (September 29, 2023).
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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. 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 by 
Commerce's electronic records system, ACCESS, by 5:00 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 and will notify the parties through 
ACCESS.\20\ Parties should confirm the date, time, and location of the 
hearing two days before the scheduled date.
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    \20\ See 19 CFR 351.310(d).
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    All submissions, including case and rebuttal briefs, as well as 
hearing requests, should be filed using ACCESS.\21\ An electronically-
filed document must be received successfully in its entirety by ACCESS 
by 5:00 p.m. Eastern Time on the established deadline. Note that 
Commerce has amended certain of its requirements pertaining to the 
service of documents in 19 CFR 351.303(f).\22\
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    \21\ See 19 CFR 351.303.
    \22\ See APO and Final Service Rule.
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act, upon completion of the 
final results of this administrative review, Commerce shall determine, 
and CBP shall assess, ADs on all appropriate entries of subject 
merchandise covered by this review.\23\ If the weighted-average dumping 
margin for Industeel is not zero or de minimis (i.e., less than 0.5 
percent) in the final results of this review, and because Industeel 
reported entered values for all of its sales, Commerce intends to 
calculate importer-specific ad valorem assessment rates based on the 
ratio of the total amount of dumping calculated for each importer's 
examined sales to the total entered value of those sales, in accordance 
with 19 CFR 351.212(b)(1). We intend to instruct CBP to assess ADs on 
all appropriate entries covered by this review when the importer-
specific assessment rate calculated in the final results of this review 
is above de minimis (i.e., 0.50 percent). If Industeel's overall 
weighted-average dumping margin is zero or de minimis or where an 
importer-specific ad valorem assessment rate is zero or de minimis in 
the final results of review, we intend to instruct CBP to liquidate the 
appropriate entries without regard to ADs.\24\ The final results of 
this administrative review shall be the basis for the assessment of ADs 
on entries of merchandise covered by the final results of this review 
and for future deposits of estimated duties, where applicable.\25\
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    \23\ See 19 CFR 351.212(b)(1).
    \24\ See 19 CFR 351.106(c)(2); see also 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).
    \25\ See section 751(a)(2)(C) of the Act.
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    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 intend to instruct CBP to liquidate 
unreviewed entries at the all-others rate (i.e., 5.40 percent) in the 
original less-than-fair-value (LTFV) investigation \26\ if there is no 
rate for the intermediate company(ies) involved in the transaction.\27\
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    \26\ See Order, 82 FR 24096.
    \27\ 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 upon 
publication in the Federal Register of the notice of final results of 
this 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 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 merchandise exported by a company 
not covered in this review but covered in a prior segment of the 
proceeding, the cash deposit rate will continue to be the company-
specific cash deposit rate published in the completed segment for the 
most recent period; (3) if the exporter is not a firm covered in this 
review, or a previous segment, but the producer is, then the cash 
deposit rate will be the rate established in the completed segment for 
the most recent period 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.\28\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \28\ 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).
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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 of publication of these preliminary 
results in the Federal Register.\29\
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    \29\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h).
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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 ADs prior to liquidation of the relevant

[[Page 48395]]

entries during this POR. Failure to comply with this requirement could 
result in Commerce's presumption that reimbursement of ADs occurred and 
the subsequent assessment of double ADs.

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 
351.213 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. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2024-12358 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P