[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86635-86637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27493]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-812]


Certain Carbon and Alloy Steel Cut-to-Length Plate From Belgium: 
Final Results of Antidumping Duty Administrative Review and Final 
Determination of No Shipments; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Industeel Belgium S.A. (Industeel) made

[[Page 86636]]

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 14, 2023.

FOR FURTHER INFORMATION CONTACT: Steven Seifert or Jerry Xiao, 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) 482-3350 and (202) 482-2273, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 31, 2023, Commerce published in the Federal Register the 
preliminary results of the 2021-2022 administrative review \1\ of the 
antidumping duty order on certain carbon and alloy steel cut-to-length 
plate from Belgium.\2\ In July 2023, we received a case brief from 
Nucor Corporation (the petitioner) and a rebuttal brief from 
Industeel.\3\ On September 26, 2023, we extended the deadline for the 
final results until December 12, 2023.\4\ For a description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\5\ 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 
Belgium: Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination of No Shipments; 2021-2022, 88 
FR 39229 (June 15, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ 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 (May 25, 2017) (Order).
    \3\ See Petitioner's Letter, ``Nucor's Case Brief and Hearing 
Request,'' dated July 17, 2023; see also Industeel's Letter, 
``Industeel's Rebuttal Brief,'' dated July 27, 2023.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated September 26, 2023.
    \5\ 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 Belgium,'' dated concurrently with, and hereby 
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order

    The products covered by the Order are certain carbon and alloy 
steel plate from Belgium. A complete description of the merchandise 
subject to 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 https://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, we made 
certain changes to the preliminary weighted-average margin calculation 
for Industeel for the final results or review.\6\
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    \6\ See Issues and Decision Memorandum.
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Final Determination of No Shipments

    In the Preliminary Results, we found that NLMK Belgium did not have 
shipments of subject merchandise during the POR.\7\ No party comments 
on this preliminary finding. Therefore, for the final results of this 
review, we continue to find that NLMK Belgium did not have any 
shipments of subject merchandise during the POR.\8\
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    \7\ See Preliminary Results, 88 FR 39229 and PDM at the section 
titled, ``Preliminary Determination of No Shipments.'' NLMK Belgium 
is comprised of: NLMK Clabecq S.A.; NLMK Plate Sales S.A.; NLMK 
Sales Europe S.A.; NLMK Manage Steel Center S.A.; and NLMK La 
Louviere S.A.
    \8\ See Issues and Decision Memorandum at the section titled, 
``Final Determination of No Shipments.''
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Final Results of 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
                   Producer/exporter                     dumping  margin
                                                             (percent)
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Industeel Belgium S.A..................................            2.65
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to 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 the 
notice of 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 will determine, 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 the examined sales to the total entered value 
of the 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 
Industeel 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) investigation of 5.40 percent ad valorem,\9\ if there is no rate 
for the intermediate company(ies) involved in the transaction.
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    \9\ 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 publication date 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 Industeel will be will be equal to 
the

[[Page 86637]]

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 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 5.40 percent, the all-others rate established in the 
LTFV investigation for this proceeding.\10\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \10\ 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 double antidumping duties.

Administrative Protective Order

    This notice serves as the only reminder to parties subject to an 
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 the 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.

    Dated: December 8, 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. Final Determination of No Shipments
V. Changes Since the Preliminary Results
VI. Discussion of the Issues
    Comment 1: Adjustment to Cost of Manufacturing (COM)
    Comment 2: Adjustments under the Major Input Rule
    Comment 3: Selection of the Correct Universe of Sales for 
Industeel for the POR and Calculation of Home Market Commissions
VII. Recommendation

[FR Doc. 2023-27493 Filed 12-13-23; 8:45 am]
BILLING CODE 3510-DS-P