[Federal Register Volume 88, Number 234 (Thursday, December 7, 2023)]
[Notices]
[Pages 85226-85228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26882]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-834]


Certain Carbon and Alloy Steel Cut-To-Length Plate From Italy: 
Final Results of Antidumping Duty Administrative Review; 2021-2022

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


[[Page 85227]]


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-to-length 
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).
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    \1\ See Certain Carbon and Alloy Steel Cut-To-Length 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.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated September 1, 2023.
    \3\ See 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 Cut-To-
Length Plate from Italy,'' dated concurrently with, and hereby 
adopted by, these results (Issues and Decision Memorandum).
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Scope of the Order <SUP>4</SUP>
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    \4\ 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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    The merchandise subject to the Order is certain carbon and alloy 
steel cut-to-length 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\
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    \5\ See Issues and Decision Memorandum; and Memorandum, ``Cost 
Calculations for NLMK Verona SpA (NVR) for the Final Results,'' 
dated concurrently with this notice.
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Final Results of Administrative Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists for the period May 1, 2021, 
through April 30, 2022:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                   Producer/exporter                          margin
                                                            (percent)
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NLMK Verona S.p.A......................................           18.65
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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 importer-specific 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.
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    \6\ See 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 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

[[Page 85228]]

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.
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    \7\ See Order.
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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