[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Notices]
[Pages 6865-6866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01529]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-047]


Certain Carbon and Alloy Steel Cut-To-Length Plate From the 
People's Republic of China: Rescission of Antidumping Duty 
Administrative Review; 2018-2019

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) determines that Jiangsu 
Tiangong Tools Company LTD (TG Tools) did not make a bona fide sale of 
certain carbon and alloy steel cut-to-length plate (CTL plate) from the 
People's Republic of China (China) during the period of review (POR) 
March 1, 2018 through February 28, 2019. Therefore, we are rescinding 
this administrative review.

DATES: Applicable January 25, 2021.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3683.

Background

    On April 3, 2020, Commerce published the Preliminary Results and 
invited interested parties to comment.\1\ On June 22, 2020, we received 
a case

[[Page 6866]]

brief from TG Tools.\2\ On July 1, 2020, we received a rebuttal brief 
from ArcelorMittal USA LLC (the petitioner).\3\
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    \1\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from 
the People's Republic of China: Preliminary Intent To Rescind 
Antidumping Duty Administrative Review; 2018-2019, 85 FR 18915 
(April 3, 2020) (Preliminary Results).
    \2\ See TG Tools' Letter, ``Administrative Review of the 
Antidumping Duty Order on Carbon and Alloy Steel Cut-to-Length Plate 
from the People's Republic of China: Case Brief,'' dated June 22, 
2020.
    \3\ See Petitioner's Letter, ``Carbon and Alloy Steel Cut-To-
Length Plate from the People's Republic of China: Petitioner's 
Rebuttal Brief,'' dated July 1, 2020.
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Scope of the Order

    The merchandise subject to this order is certain carbon and alloy 
steel hot-rolled or forged flat plate products not in coils, whether or 
not painted, varnished, or coated with plastics or other non-metallic 
substances (cut-to-length plate). For a full description of the scope, 
see the Issues and Decision Memorandum.\4\
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    \4\ See Memorandum, ``Decision Memorandum for the Final Results 
of the Antidumping Duty Administrative Review of Certain Carbon and 
Alloy Steel Cut-To-Length Plate from the People's Republic of China; 
2018-2019,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Analysis of Comments Received

    All issues raised in case briefs are listed in the appendix to this 
notice and are addressed in the Issues and Decision Memorandum. The 
Issues and 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 Issues and Decision Memorandum is 
available at http://enforcement.trade.gov/frn/.

Bona Fides Analysis

    In the Preliminary Results, we found that TG Tools did not have a 
bona fide sale of CTL plate during the POR. After analyzing comments 
from interested parties, we continue to find that TG Tools did not have 
a bona fide sale of CTL plate during the POR. We reached this 
conclusion based on multiple factors, including: (1) The low quantity 
and high price of the sale; (2) atypical timing of the sale; (3) the 
excessive profit made by TG Tools' importer on the resale; and (4) 
other considerations, such as the fact that TG Tools made only a single 
sale of subject merchandise during the POR, which was a trial sale of a 
specialty product, and TG Tools' importer had not previously purchased 
the subject merchandise and made no subsequent purchases of the 
specialty product or any other subject merchandise. Our analysis led us 
to conclude that TG Tools' single POR sale is not representative of TG 
Tools' typical selling practices for subject merchandise.
    Because we have determined that TG Tools had no bona fide sales 
during the POR, we are rescinding this administrative review.

Assessment Rate

    Because Commerce is rescinding this administrative review, we have 
not calculated a company-specific dumping margin for TG Tools. TG Tools 
remains part of the China-wide entity and the entry of its subject 
merchandise during the POR will be assessed antidumping duties at the 
China-wide entity rate. The China-wide entity rate is 68.27 percent.\5\
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    \5\ See Certain Carbon and Alloy Steel Cut-To-Length Plate from 
the People's Republic of China: Final Affirmative Determination of 
Sales at Less Than Fair Value, 82 FR 8510 (January 26, 2017).
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    Consistent with its recent notice,\6\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of this rescission notice 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).
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    \6\ See Notice of Discontinuation of Policy to Issue Liquidation 
Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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Cash Deposit Requirements

    As noted above, Commerce is rescinding this administrative review. 
Thus, we have not calculated a company-specific dumping margin for TG 
Tools. Therefore, entries of TG Tools' subject merchandise continue to 
be subject to the China-wide entity cash deposit rate of 68.27 percent. 
This cash deposit requirement shall remain in effect until further 
notice.

Administrative Protective Order

    This notice also serves as a final reminder to parties subject to 
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 
terms of an APO is a violation which is subject to sanction.

Notification to Importers

    This notice also serves as a final 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 the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties has occurred and the subsequent assessment of 
double antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these final results in accordance 
with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as 
amended, and 19 CFR 351.213(h)(1) and 19 CFR 351.221(b)(5).

    Dated: January 19, 2021.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues
    Comment 1: Whether Commerce Has Legal Authority to Apply Bona 
Fides Sales Analysis in Administrative Reviews
    Comment 2: Whether Record Evidence Supports Finding that TG 
Tools' U.S. Sale was not Bona Fide
    Comment 3: Whether Commerce Should Apply AFA for Importer's 
Failure to Provide Requested Information
    Comment 4: Surrogate Country and Surrogate Values Selection
V. Recommendation

[FR Doc. 2021-01529 Filed 1-22-21; 8:45 am]
BILLING CODE 3510-DS-P