[Federal Register Volume 89, Number 110 (Thursday, June 6, 2024)]
[Notices]
[Pages 48368-48370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12407]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-427-828]


Certain Carbon and Alloy Steel Cut-to-Length Plate From France: 
Preliminary Results and Rescission, in Part, of the Antidumping 
Administrative Review; 2022-23

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 France was not sold at prices below normal value (NV) 
during the period of review (POR) May 1, 2022, through April 30, 2023. 
In addition, Commerce is rescinding the review, in part, with respect 
to four companies. Interested parties are invited to comment on these 
preliminary results.

DATES: Applicable June 6, 2024.

FOR FURTHER INFORMATION CONTACT: Samuel Evans, 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) 482-2420.

SUPPLEMENTARY INFORMATION:

Background

    On May 25, 2017, Commerce published in the Federal Register an 
antidumping duty order on CTL plate from France.\1\ On July 12, 2023, 
based on timely requests for review, we initiated an administrative 
review of the Order covering five companies, in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act).\2\ On January 
11, 2024, we extended the deadline for the preliminary results of this 
administrative review to no later

[[Page 48369]]

than May 30, 2024.\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 Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023).
    \3\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of 2022-2023 Antidumping Duty Administrative Review,'' dated 
January 11, 2024.
    \4\ 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 France; 
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 the Order is CTL plate from France. For 
a complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

Methodology

    Commerce is conducting this review in accordance with section 
751(a) of the Act. We calculated export price and constructed export 
price in accordance with section 772 of the Act. We calculated NV 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 made available to the public 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 
included in the Preliminary Decision Memorandum is attached as an 
appendix to this notice.

Rescission of Administrative Review, in Part

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if a party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation. On October 10, 2023, the 
Domestic Interested Parties timely withdrew their review requests with 
respect to four companies.\5\ Because the withdrawal request was 
timely, and no other party requested a review of these companies, in 
accordance with 19 CFR 251.213(d)(1), Commerce is rescinding this 
review with respect to Entrepose Industries; Formica S.A.; Industeel 
France S.A.S.; and Laminoirs des Landes.
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    \5\ The domestic interested parties in this review are 
Cleveland-Cliffs Inc., Nucor Corporation, and SSAB Enterprises, LLC. 
See Domestic Interested Parties' Letter, ``Partial Withdrawal of 
Request for Administrative Review,'' dated October 10, 2023.
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Preliminary Results of 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 or exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Dillinger France S.A.......................................        0.00
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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 any public announcement or, if there is no public 
announcement, within five days of the date of publication of this 
notice in accordance with 19 CFR 351.224(b).
    Pursuant to 19 CFR 351.309(c)(1)(ii), 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 briefs or rebuttal briefs 
in this proceeding must submit: (1) a table of contents listing each 
issue; and (2) a table of authorities.\7\
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    \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 Service Final Rule).
    \7\ See 19 CFR 351.309(c)(2) and (d)(2); see also 19 CFR 351.303 
(for general filing requirements).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
segments of this proceeding, Commerce has 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 
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).\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 Service Final Rule, 88 FR at 67077.
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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. Requests should contain: (1) 
the party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of the issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
case and rebuttal briefs.\10\ If a request for a hearing is made, 
Commerce will inform parties of the scheduled date for the hearing.\11\ 
All submissions 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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    \10\ See 19 CFR 351.310.
    \11\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon completion of this administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this review. 
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 antidumping 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 Dillinger's weighted-average 
dumping margin is zero or de minimis, within the meaning of 19 CFR 
351.106(c), 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'' practice will apply to entries 
of subject merchandise during the POR produced Dillinger for which the 
company 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

[[Page 48370]]

company(ies) involved in the transaction.\12\
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    \12\ 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).
    For those companies for which we are rescinding this administrative 
review, Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries at a rate equal to the cash deposit of estimated 
antidumping duties required at the time of entry, or withdrawal from 
warehouse, for consumption, during the period May 1, 2022, through 
April 30, 2023, in accordance with 19 CFR 351.212(c)(l)(i).

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 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, a previous review, or the less-than-fair-value 
(LTFV) investigation, but the producer is, then the cash deposit rate 
will be the company-specific 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 6.15 percent, the all-others rate established in the 
LTFV investigation.\13\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \13\ See Order, 82 FR at 24098.
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Final Results of Review

    Unless otherwise extended, Commerce intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping prior to liquidation of the 
relevant entries during this POR. 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

    This determination is issued and published in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    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. Discussion of the Methodology
V. Recommendation

[FR Doc. 2024-12407 Filed 6-5-24; 8:45 am]
BILLING CODE 3510-DS-P