[Federal Register Volume 90, Number 93 (Thursday, May 15, 2025)]
[Notices]
[Pages 20622-20624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08612]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-475-834]
Certain Carbon and Alloy Steel Cut-to-Length Plate From Italy:
Preliminary Results and Intent To Rescind, in Part, of Antidumping Duty
Administrative Review; 2023-2024
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 Italy was sold at less than normal value (NV) during the period of
review (POR), May 1, 2023, through April 30, 2024. We invite interested
parties to comment on these preliminary results.
DATES: Applicable May 15, 2025.
FOR FURTHER INFORMATION CONTACT: Carter Sherwin, 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) 482-4260.
SUPPLEMENTARY INFORMATION:
Background
On May 25, 2017, Commerce published in the Federal Register the
antidumping duty order on CTL plate from Italy.\1\ On May 2, 2024,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order.\2\ On July 5, 2024,
based on timely requests for review, in accordance with 19 CFR
351.221(c)(1)(i), we initiated an administrative review of the Order
covering five producers/exporters: (1) NLMK Verona S.p.A. (NVR); (2)
Officine Technosider s.r.l.; (3) F.A.R. Fonderie Acciaierie S.p.A.; (4)
Ferriera Valsider SpA.' and (5) Metinvest Trametal SpA (MTS).\3\ On
August 9, 2024, Commerce selected NVR and MTS as mandatory respondents
in this review.\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 Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 89 FR 35778 (May 2,
2024).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 55567 (July 5, 2024) (Initiation
Notice).
\4\ See Memorandum, ``Respondent Selection,'' dated August 9,
2024.
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On July 22, 2024, Commerce tolled the deadline to issue the
preliminary results in this administrative review by seven days.\5\ On
December 9, 2024, Commerce tolled the deadline to issue the preliminary
results in this administrative review by an additional 90 days.\6\
Accordingly, the deadline for these preliminary results is now May 8,
2025.
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\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
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From February 24 to 28, 2025, Commerce verified the responses for
NVR in Verona, Italy, and from March 11 to 13, 2025, Commerce verified
the responses for NLMK North American Plate (NAP) in Farell,
Pennsylvania.\7\ For a complete description of the events that followed
the initiation of this review, see the Preliminary Decision
Memorandum.\8\
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\7\ See Memorandum, ``Verification of the Sales Response of NVR
Verona in the Antidumping Administrative Review of Certain Carbon
and Alloy Cut-to-Length Plate from Italy,'' dated March 19, 2025.
\8\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2023-2024 Administrative Review of the Antidumping
Duty Order on Certain Carbon and Alloy Cut-to-Length Plate from
Italy,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
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[[Page 20623]]
Scope of the Order
The merchandise subject to the Order is certain carbon and alloy
steel cut-to-length plate from Italy. For a complete description of the
scope of the Order, see the Preliminary Decision Memorandum.
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 and constructed export price are 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 these
preliminary results, see the Preliminary Decision Memorandum. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an 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.
Intent To Rescind, in Part
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to
rescind an administrative review of an antidumping duty order where it
determines that there were no suspended entries of subject merchandise
during the POR.\9\ Normally, upon completion of an administrative
review, the suspended entries are liquidated at the antidumping duty
assessment rate for the review period. Therefore, for an administrative
review to be conducted, there must be a suspended entry that Commerce
can instruct U.S. Customs and Border Protection (CBP) to liquidate at
the calculated antidumping duty assessment rate for the review
period.\10\
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\9\ See, e.g., 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).
\10\ See, e.g., Shanghai Sunbeauty Trading Co. v. United States,
380 F. Supp. 3d 1328, 1335-36 (CIT 2019), at 12 (referring to
section 751(a) of the Act, the U.S. Court of International Trade
(CIT) held that: ``While the statute does not explicitly require
that an entry be suspended as a prerequisite for establishing
entitlement to a review, it does explicitly state the determined
rate will be used as the liquidation rate for the reviewed entries.
This result can only obtain if the liquidation of entries has been
suspended . . . ;'' see also Certain Frozen Fish Fillets from the
Socialist Republic of Vietnam: Final Results of Antidumping Duty
Administrative Review and Final Determination of No Shipments; 2018-
2019, 86 FR 36102 (July 8, 2021), and accompanying IDM at Comment 4;
and Solid Fertilizer Grade Ammonium Nitrate from the Russian
Federation: Notice of Rescission of Antidumping Duty Administrative
Review, 77 FR 65532 (October 29, 2012) (noting that ``for an
administrative review to be conducted, there must be a reviewable,
suspended entry to be liquidated at the newly calculated assessment
rate'').
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As discussed in greater detail in the Preliminary Decision
Memorandum, the POR entry totals reflected in the data query provided
by U.S. Customs Border Protection (CBP) in the Attachment of the CBP
Data Memorandum reflected no POR entries of subject merchandise from:
(1) F.A.R. Fonderie Acciaerie S.p.A.; (2) Officine Technosider
s.r.l.\11\ In the absence of any suspended entries of subject
merchandise from these companies during the POR, Commerce hereby
notifies all interested parties of its intent to rescind this
administrative review with respect to these companies. Commerce is
providing interested parties with an opportunity to submit comments on
this preliminary decision, including factual information. Comments,
including factual information, from interested parties are due to
Commerce seven days after the publication date of this notice. Rebuttal
comments, including rebuttal factual information, are due seven days
thereafter. All submissions must be filed electronically at https://access.trade.gov in accordance with 19 CFR 351.303.
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\11\ See Memorandum, Release of Customs and Border Protection
Data, dated July 25, 2024 (CBP Data Memorandum).
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Preliminary Results of Review
Commerce preliminarily determines that the following estimated
weighted-average dumping margins exist for the period May 1, 2023,
through April 30, 2024:
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\12\ Commerce preliminarily determines that Mentivest Trametal
S.p.A and Ferriera Valsider S.p.A are a single entity. See
Preliminary Decision Memorandum.
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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NLMK Verona S.p.A........................................... 3.52
Metinvest Trametal S.p.A.; Ferriera Valsider S.p.A.\12\..... 5.51
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Disclosure
Commerce intends to disclose the calculations and analysis
performed to interested parties for these preliminary results within
five days after public announcement or if there is no public
announcement, within five days after the date of publication of this
notice in the Federal Register.\13\
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\13\ See 19 CFR 351.224(b).
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Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\14\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the date for filing case briefs.\15\ 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.\16\
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\14\ See 19 CFR 351.309(c)(1)(ii).
\15\ 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).
\16\ 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 administrative 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.\17\ 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 determination in this
investigation. 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).\18\
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\17\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\18\ 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 and Compliance, filed electronically via
ACCESS. Hearing requests should contain: (1) the party's name, address,
and telephone number; (2) the number
[[Page 20624]]
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. 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 date and time to be
determined.\19\ Parties should confirm the date, time, and location of
the hearing two days before the scheduled date.
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\19\ See 19 CFR 351.310(d).
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise covered by this review.\20\
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\20\ See 19 CFR 351.212(b).
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If a respondent's weighted-average dumping margin is not zero or de
minimis (i.e., less than 0.50 percent) in the final results of this
review, we intend to calculate an importer-specific ad valorem
antidumping duty assessment rate based on the ratio of the total amount
of dumping calculated for each importer's examined sales to the total
entered value of those same sales in accordance with 19 CFR
351.212(b)(1).\21\ If the weighted-average dumping margin or an
importer-specific assessment rate is zero or de minimis in the final
results of review, we intend to instruct CBP to liquidate entries
without regard to antidumping duties.\22\ The final results of this
administrative review shall be the basis for the assessment of
antidumping duties on entries of merchandise covered by the final
results of this review and for future deposits of estimated duties,
where applicable.\23\
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\21\ See 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).
\22\ Id., 77 FR at 8102; see also 19 CFR 351.106(c)(2).
\23\ See section 751(a)(2)(C) of the Act.
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If a 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.
For entries of subject merchandise during the POR produced by each
individually examined respondent for which the they did not know that
the merchandise was destined for the United States, we will instruct
CBP to liquidate unreviewed entries at the all-others rate established
in the original LTFV investigation (i.e., 6.08 percent) if there is no
rate for the intermediate company(ies) involved in the transaction.\24\
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\24\ See Order; see also 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
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 the companies listed above 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 producers or exporters 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 rate published for the most
recently-completed segment of this proceeding in which they were
reviewed; (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 cash deposit 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 6.08 percent, the all-
others rate established in the LTFV investigation.\25\ These cash
deposit requirements, when imposed, shall remain in effect until
further notice.
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\25\ See Order.
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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 after the date of publication of
these preliminary results in the Federal Register.\26\
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\26\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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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) 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 in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 8, 2025.
Christopher Abbott,
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 Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Intent to Rescind Review, In Part
V. Affiliation and Single Entity Treatment
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2025-08612 Filed 5-14-25; 8:45 am]
BILLING CODE 3510-DS-P