85226 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 

1See Certain Softwood Lumber Products from 

Canada: Amended Final Affirmative Countervailing 

Duty Determination and Countervailing Duty Order, 

83 FR 347 (January 3, 2018) (Order). 

2See Certain Softwood Lumber Products from 

Canada: Final Results of Countervailing Duty 

Expedited Review, 84 FR 32121 (July 5, 2019) (Final 

Results of Expedited Review), and accompanying 

Issues and Decision Memorandum. 

3 Id., 84 FR at 32122. 

4 Id. While Commerce calculated a de minimis 

rate for Roland and its cross-owned affiliates, those 

companies are not a party to the litigation nor to 

the Court’s order ordering this notice. 

5See Committee Overseeing Action for Lumber 

International Trade Investigations or Negotiations, 

et al. v. United States, et al., Court No. 19–00122, 

Slip Op. 20–167 (CIT 2020). 

6See Final Results of Redetermination Pursuant 

to Court Remand, Committee Overseeing Action for 

Lumber International Trade Investigations or 

Negotiations, et al. v. United States, et al., Court No. 

19–00122, Slip Op. 20–167 (CIT 2020), dated 

February 17, 2021 (Final Remand), available at 

https://access.trade.gov/resources/remands/20- 

167.pdf. 

7See Committee Overseeing Action for Lumber 

International Trade Investigations or Negotiations, 

et al. v. United States, et al., Court No. 19–00122, 

Slip Op. 21–104 (CIT 2021). 

8See Certain Softwood Lumber Products from 

Canada: Notice of Court Decision Not in Harmony 

with the Results of Countervailing Duty Expedited 

Review; Notice of Amended Final Results, 86 FR 

48396 (August 30, 2021) (Amended Final Results of 

Expedited Review). 

9The Canadian parties are D&G, Lemay, MLI, 

NAFP, Fontaine Inc., Mobilier Rustique (Beauce) 

Inc., Government of Canada, Government of New 

Brunswick, and Government of Que ́bec. 

10See Committee Overseeing Action for Lumber 

International Trade Investigations or Negotiations 

v. United States, 66 F.4th 968 (Fed. Cir. 2023). 

11See Committee Overseeing Action for Lumber 

International Trade Investigations or Negotiations 

v. United States, Consol. Ct. No. 19–00122 (Slip Op. 

23–163) (CIT Nov. 20, 2023), citing motion filed by 

D&G, Lemay, MLI, and NAFP. 

12 Id. 

13 Id. 

14See, e.g., Certain Corrosion-Resistant Steel 

Products from India, Italy, Republic of Korea and 

the People’s Republic of China: Countervailing Duty 

Order, 81 FR 48387 (July 25, 2016). 

of estimated countervailing duties 

collected on all such shipments. 

DATES: Applicable August 28, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Johnson, AD/CVD Operations, 

Office III, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482- 4793. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 3, 2018, Commerce 

published the CVD order on softwood 

lumber from Canada.1 On July 5, 2019, 

Commerce published its Final Results of 

Expedited Review for the Order.2 In the 

Final Results of Expedited Review, 

Commerce found that five companies 

subject to the review had de minimis 

subsidy rates, and therefore, were 

excluded from the Order.3 The five 

companies are D&G, Lemay, MLI, NAFP, 

and Roland Boulanger & Cie Lte ́e 

(Roland).4

The Committee Overseeing Action for 

Lumber International Trade 

Investigations or Negotiations appealed 

Commerce’s Final Results of Expedited 

Review. On November 19, 2020, the CIT 

remanded the Final Results of Expedited 

Review to Commerce for reconsideration 

of the statutory basis upon which 

Commerce promulgated its CVD 

expedited review regulations at 19 CFR 

351.214(k) to determine individual 

subsidy rates for companies not 

individually examined in an 

investigation.5

In its Final Remand, issued in 

February 2021, Commerce determined 

that section 103(a) of the Uruguay 

Round of Agreements Act, as well as the 

other legal authorities presented to the 

CIT, cannot be the basis for the 

promulgation of the CVD expedited 

review regulations under 19 CFR 

351.214(k) and, thus, Commerce lacks 

the statutory authority to conduct CVD 

expedited reviews.6 The CIT sustained 

Commerce’s Final Remand.7

Consequently, Commerce reinstated the 

excluded companies in the Order 

prospectively, effective August 28, 2021, 

and imposed a 14.19 percent ad valorem 

cash deposit requirement based on the 

all-others rate from the investigation.8

The Canadian parties appealed the CIT’s 

decision.9

On April 25, 2023, the U.S. Court of 

Appeals for the Federal Circuit (Federal 

Circuit) reversed the CIT’s August 18, 

2021 decision and held that Commerce 

has the statutory authority to adopt the 

CVD expedited review process, and 

remanded for further proceedings 

necessitated by its holding that such 

statutory authority exists.10

On October 6, 2023, D&G, Lemay, 

MLI, and NAFP filed a motion with the 

CIT requesting reinstatement of their 

exclusion from the Order during the 

pendency of this litigation.11 On 

November 20, 2023, the CIT granted the 

motion, finding that there was an 

equitable basis for reversing the actions 

of its August 18, 2021 decision, and 

ordered the reinstatement of exclusion 

from the Order, effective August 28, 

2021, for D&G, Lemay, MLI, and 

NAFP.12 The CIT also ordered 

Commerce to instruct CBP to 

discontinue the suspension of 

liquidation and the collection of cash 

deposits of estimated countervailing 

duties on all shipments of softwood 

lumber produced and exported by D&G, 

Lemay, MLI, and NAFP, entered or 

withdrawn from warehouse, for 

consumption on or after August 28, 

2021, and to instruct CBP to liquidate, 

without regard to countervailing duties, 

all suspended entries of shipments of 

softwood lumber produced and 

exported by D&G, Lemay, MLI, and 

NAFP.13

Reinstatement of Exclusion From the 

Order 

Because of the CIT’s order, Commerce 

is reinstating the exclusion from the 

Order of D&G, Lemay, MLI, and NAFP, 

effective August 28, 2021. Commerce’s 

practice with respect to the exclusion of 

companies from a CVD order is to 

exclude the subject merchandise both 

produced and exported by those 

companies.14 As a result, we will 

instruct CBP to discontinue the 

suspension of liquidation and the 

collection of cash deposits of estimated 

countervailing duties on all shipments 

of softwood lumber produced and 

exported by D&G, Lemay, MLI, and 

NAFP, entered, or withdrawn from 

warehouse, for consumption on or after 

August 28, 2021. In addition, we will 

instruct CBP to liquidate, without regard 

to countervailing duties, all suspended 

entries of shipments of softwood lumber 

produced and exported by D&G, Lemay, 

MLI, and NAFP, and to refund all cash 

deposits of estimated countervailing 

duties collected on all such shipments. 

Subject merchandise that D&G, Lemay, 

MLI, and NAFP export but do not 

produce, as well as merchandise D&G, 

Lemay, MLI, and NAFP produce but is 

exported by another company remain 

subject to the Order. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with section 516A(c) of the 

Tariff Act of 1930, as amended. 

Dated: November 30, 2023. 

Abdelali Elouaradia, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2023–26857 Filed 12–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–475–834] 

Certain Carbon and Alloy Steel Cut-ToLength Plate From Italy: Final Results 

of Antidumping Duty Administrative 

Review; 2021–2022 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 85227 

1See Certain Carbon and Alloy Steel Cut-ToLength Plate from Italy: Preliminary Results of 

Antidumping Duty Administrative Review and 

Rescission in Part; 2021–2022, 88 FR 36534 (June 

5, 2023) (Preliminary Results), and accompanying 

Preliminary Decision Memorandum. 

2See Memorandum, ‘‘Extension of Deadline for 

Final Results of Antidumping Duty Administrative 

Review,’’ dated September 1, 2023. 

3See Memorandum, ‘‘Issues and Decision 

Memorandum for the Final Results of the 2021– 

2022 Administrative Review of the Antidumping 

Duty Order on Certain Carbon and Alloy Steel CutTo-Length Plate from Italy,’’ dated concurrently 

with, and hereby adopted by, these results (Issues 

and Decision Memorandum). 

4See Certain Carbon and Alloy Steel Cut-ToLength 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). 

5See Issues and Decision Memorandum; and 

Memorandum, ‘‘Cost Calculations for NLMK 

Verona SpA (NVR) for the Final Results,’’ dated 

concurrently with this notice. 6See Order. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) determines that 

NLMK Verona S.p.A. (NVR) made sales 

of subject merchandise at less than 

normal value during the period of 

review (POR), May 1, 2021, through 

April 30, 2022. 

DATES: Applicable December 7, 2023. 

FOR FURTHER INFORMATION CONTACT: 

David Crespo, 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) 482–3693. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 5, 2023, Commerce published 

in the Federal Register the Preliminary 

Results of the 2021–2022 administrative 

review of the antidumping duty order 

on certain carbon and alloy steel cut-tolength plate from Italy and invited 

interested parties to comment on those 

results.1 In July 2023, the petitioner (i.e., 

Nucor Corporation) and NVR submitted 

a case and rebuttal brief, respectively. 

On September 1, 2023, we extended the 

deadline for the final results until 

December 1, 2023.2 For a complete 

description of the events that occurred 

since the Preliminary Results, see the 

Issues and Decision Memorandum.3

Commerce conducted this 

administrative review in accordance 

with section 751 of the Tariff Act of 

1930, as amended (the Act). 

Scope of the Order 4

The merchandise subject to the Order 

is certain carbon and alloy steel cut-tolength plate from Italy. A complete 

description of the scope of the Order is 

contained in the Issues and Decision 

Memorandum. 

Analysis of Comments Received 

All issues raised in the case and 

rebuttal briefs filed by parties in this 

administrative review are addressed in 

the Issues and Decision Memorandum 

and are listed in the appendix to this 

notice. The Issues and 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 Issues and 

Decision Memorandum can be accessed 

directly at https://access.trade.gov/ 

public/FRNoticesListLayout.aspx. 

Changes Since the Preliminary Results 

Based on a review of the record and 

comments received from interested 

parties regarding the Preliminary 

Results, and for the reasons explained in 

the Issues and Decision Memorandum, 

Commerce made certain changes to the 

preliminary weighted-average dumping 

margin calculation for NVR for the final 

results of review.5

Final Results of Administrative Review 

As a result of this review, we 

determine that the following weightedaverage dumping margin exists for the 

period May 1, 2021, through April 30, 

2022: 

Producer/exporter 

Weightedaverage 

dumping 

margin 

(percent) 

NLMK Verona S.p.A ............. 18.65 

Disclosure 

Commerce intends to disclose the 

calculations performed in connection 

with these final results of review to 

interested parties within five days after 

public announcement of the final results 

or, if there is no public announcement, 

within five days of the date of 

publication of this notice in the Federal 

Register, in accordance with 19 CFR 

351.224(b). 

Assessment Rate 

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 the 

final results of this review. 

Pursuant to 19 CFR 351.212(b)(1), we 

calculated importer-specific ad valorem 

duty assessment rates based on the ratio 

of the total amount of dumping 

calculated for each importer’s examined 

sales and the total entered value of those 

sales. Where either the respondent’s 

weighted-average dumping margin is 

zero or de minimis, within the meaning 

of 19 CFR 351.106(c)(1), or an importerspecific rate is zero or de minimis, we 

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 unreviewed entries at 

the all-others rate established in the 

less-than-fair-value (LTFV) of 6.08 

percent ad valorem,6 if there is no rate 

for the intermediate company(ies) 

involved in the transaction. 

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 

Upon publication of this notice in the 

Federal Register, the following cash 

deposit requirements will be effective 

for all shipments of the subject 

merchandise entered, or withdrawn 

from warehouse, for consumption on or 

after the date of publication of the final 

results of this administrative review, as 

provided by section 751(a)(2)(C) of the 

Act: (1) the cash deposit rate for the 

company subject to this review will be 

equal to the weighted-average dumping 

margin established in the final results of 

this review; (2) for merchandise 

exported by producers or exporters not 

covered in this review but covered in a 

prior completed segment of the 

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 

has been covered in a prior completed 

segment of this proceeding, then the 

cash deposit rate will be the rate 


ddrumheller on DSK120RN23PROD with NOTICES1
85228 Federal Register / Vol. 88, No. 234 / Thursday, December 7, 2023 / Notices 

7See Order. 

1See Certain Aluminum Foil from the Sultanate 

of Oman and the Republic of Turkey: 

Countervailing Duty Orders, 86 FR 62782 

(November 12, 2021) (Order). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review and Join Annual 

Inquiry Service List, 87 FR 65750 (November 1, 

2022). 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 88 FR 

50 (January 3, 2023). 

4See Memorandum, ‘‘Decision Memorandum for 

the Preliminary Results of the 2021 Countervailing 

Duty Administrative Review of Certain Aluminum 

Foil from Turkey,’’ dated concurrently with, and 

hereby adopted by, this notice (Preliminary 

Decision Memorandum). 

5See sections 771(5)(B) and (D) of the Act 

regarding financial contribution; section 771(5)(E) 

of the Act regarding benefit; and section 771(5A) of 

the Act regarding specificity. 

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 

for this proceeding.7 These cash deposit 

requirements, when imposed, shall 

remain in effect until further notice. 

Notification to Importers 

This notice 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 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 serves as the only 

reminder to parties subject to 

administrative protective order (APO) of 

their responsibility concerning the 

disposition 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 return/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 

subject to sanction. 

Notification to Interested Parties 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i) of the Act, and 19 

CFR 351.221(b)(5). 

Dated: November 30, 2023. 

Abdelali Elouaradia, 

Deputy 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. Changes Since the Preliminary Results 

V. Discussion of the Issues 

Comment 1: Treatment of NVR’s Home 

Market Overrun Sales 

Comment 2: Whether Commerce Should 

Revise NVR’s Reported Sales and Cost 

Data to be Based on Theoretical Weight 

Comment 3: Whether Commerce Should 

Apply the Major Input Rule to Value 

NVR’s Affiliate-Supplied Slab 

Comment 4: Whether Commerce Should 

Allocate NVR’s Unreconciled Costs to 

Subject Merchandise 

VI. Recommendation 

[FR Doc. 2023–26882 Filed 12–6–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–489–845] 

Certain Aluminum Foil From Turkey: 

Preliminary Results of Countervailing 

Duty Administrative Review 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The U.S. Department of 

Commerce (Commerce) preliminarily 

determines that countervailable 

subsidies were provided to producers 

and exporters of certain aluminum foil 

(aluminum foil) from the Republic of 

Turkey (Turkey) during the period of 

review (POR), March 5, 2021, through 

December 31, 2021. Interested parties 

are invited to comment on these 

preliminary results. 

DATES: Applicable December 7, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Adam Simons, 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) 482–6172. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 12, 2021, Commerce 

published in the Federal Register a 

countervailing duty order on aluminum 

foil from Turkey.1 On November 1, 

2022, Commerce published the notice of 

the opportunity to request a review of 

the Order.2 On January 3, 2023, 

Commerce published the notice of the 

initiation of this administrative review 

in the Federal Register.3 For a complete 

description of the events that followed 

the initiation of this review, see the 

Preliminary Decision Memorandum.4 A 

list of topics included in the 

Preliminary Decision Memorandum is 

provided as 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 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. 

Scope of the Order 

The product covered by the Order is 

aluminum foil from Turkey. For a 

complete description of the scope of the 

Order, see the Preliminary Decision 

Memorandum. 

Methodology 

Commerce is conducting this 

administrative review in accordance 

with section 701 of the Tariff Act of 

1930, as amended (the Act). For each of 

the subsidy programs found 

countervailable, Commerce 

preliminarily determines that there is a 

subsidy, i.e., a financial contribution by 

an ‘‘authority’’ that gives rise to a 

benefit to the recipient, and that the 

subsidy is specific.5

Companies Not Selected for Individual 

Examination 

The Act and Commerce’s regulations 

do not directly address the subsidy rate 

to be applied to companies not selected 

for individual examination where 

Commerce limits its examination in an 

administrative review pursuant to 

section 777A(e)(2) of the Act. However, 

Commerce normally determines the 

rates for non-selected companies in 

reviews in a manner that is consistent 

with section 705(c)(5) of the Act, which 

provides instructions for calculating the 

all-others rate in an investigation. 

Section 777A(e)(2) of the Act provides 

that ‘‘the individual countervailable 

subsidy rates determined under 

subparagraph (A) shall be used to 

determine the all-others rate under 

section 705(c)(5) {of the Act}.’’ Section 

705(c)(5)(A) of the Act states that for 

companies not investigated, in general, 


ddrumheller on DSK120RN23PROD with NOTICES1