[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 53951-53952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14314]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-834]


Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: 
Amended Final 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) is amending the 
final results of the administrative review of the antidumping duty (AD) 
order on certain carbon and alloy steel cut-to-length plate (CTL plate) 
from Italy to correct a ministerial error. The period of review (POR) 
is May 1, 2022, through April 30, 2023.

DATES: Applicable June 28, 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 June 7, 2024, Commerce published in the Federal Register the 
Final Results of the 2022-2023 administrative review of the AD order on 
CTL plate from Italy.\1\ On June 5, 2024, Commerce disclosed its 
calculations and provided interested parties with the opportunity to 
submit ministerial error comments.\2\ On June 10, 2024, NLMK Verona 
S.p.A. (NVR), a mandatory respondent in this review, submitted a timely 
ministerial error allegation.\3\ No other party submitted a ministerial 
error allegation or rebutted NVR's ministerial error allegation. We are 
amending the Final Results to correct the ministerial error alleged by 
NVR.
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    \1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from 
Italy: Final Results of Antidumping Duty Administrative Review; 
2022-2023, 89 FR 48562 (June 7, 2024) (Final Results).
    \2\ See Memorandum, ``Deadline for Ministerial Error Comments,'' 
dated June 5, 2024.
    \3\ See NVR's Letter, ``Ministerial Error Comments,'' dated 
Juene 10, 2024 (NVR's Ministerial Error Allegation).
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act), 
defines a ``ministerial error'' as including ``errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other 
unintentional error which the administering authority considers 
ministerial.'' With respect to final results of administrative reviews, 
19 CFR 351.224(e) provides that Commerce ``will analyze any comments 
received and, if appropriate . . . correct any ministerial error by 
amending . . . the final results of review.''

Ministerial Error

    In the Final Results, Commerce made an inadvertent error within the 
meaning of section 751(h) of the Act and 19 CFR 351.224(f) with respect 
to the treatment of home market sales made during the ``window 
period,'' of three months before the POR and two months after the

[[Page 53952]]

POR. Accordingly, pursuant to 19 CFR 351.224(e), Commerce is amending 
the Final Results to correct for this ministerial error.\4\ This 
correction results in a change to NVR's weighted-average dumping 
margin. For a complete description and analysis of the specific 
inadvertent error, and NVR's ministerial error allegation, see the 
accompanying Ministerial Error Allegation Memorandum.\5\ The 
Ministerial Error Allegation 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.
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    \4\ See Memorandum, ``Administrative Review of the Antidumping 
Duty Order on Certain Carbon and Alloy Steel Cut-To- Length Plate 
from Italy; 2022-2023: Allegation of Ministerial Error in the Final 
Results,'' dated concurrently with this notice (Ministerial Error 
Allegation Memorandum).
    \5\ Id.
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Amended Final Results of Review

    As a result of correcting the ministerial error described above, we 
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)
------------------------------------------------------------------------
NLMK Verona S.p.A..........................................        15.63
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these amended final results of review to interested 
parties within five days after public announcement of the amended final 
results or, if there is no public announcement, within five days of the 
date of publication of the notice of amended final results in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with these amended final 
results of review.
    Pursuant to 19 CFR 351.212(b)(1), for NVR, we calculated importer-
specific ad valorem AD assessment rates based on the ratio of the total 
amount of dumping calculated for the examined sales for each importer 
to the total entered value of the sales for each importer. Where an 
importer-specific AD assessment rate is zero or de minimis, within the 
meaning of 19 CFR 351.106(c)(1), Commerce will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
    For entries of subject merchandise during the POR produced by NVR 
for which it did not know that its merchandise was destined for the 
United States, we will instruct CBP to liquidate such entries at the 
all-others rate established in the less-than-fair-value (LTFV) 
investigation of 6.08 percent ad valorem,\6\ if there is no rate for 
the intermediate company(ies) involved in the transaction.
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    \6\ 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).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the amended 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 amended cash deposit requirements will be effective 
retroactively upon publication of the amended final results of this 
administrative review in the Federal Register, for all shipments of the 
subject merchandise entered, or were withdrawn from warehouse, for 
consumption on or after June 7, 2024, the publication date of the Final 
Results, as provided by section 751(a)(2)(C) of the Act: (1) the 
amended cash deposit rate for NVR will be equal to the weighted-average 
dumping margin established in these amended 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 
companies not covered in this review but covered in a prior segment of 
this proceeding, the cash deposit rate will continue to be the company-
specific rate published in the completed segment for the most recent 
period; (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 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 6.08 percent, the all-others rate 
established in the LTFV investigation.\7\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \7\ Id.
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Notification to Importers

    This notice also serves as a final 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.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: June 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.
[FR Doc. 2024-14314 Filed 6-27-24; 8:45 am]
BILLING CODE 3510-DS-P