[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6485-6487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02280]


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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 and Final 
Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) determines that 
producers and/or exporters subject to this administrative review made 
sales of subject merchandise at less than normal value during the 
period of review (POR), May 1, 2019, through April 30, 2020. 
Additionally, Commerce determines that a company for which we initiated 
a review had no shipments during the POR.

DATES: Applicable February 4, 2022.

FOR FURTHER INFORMATION CONTACT: Alice Maldonado or 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) 482-4682 or (202) 
482-3693, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers ten producers and/or exporters of the subject 
merchandise. Commerce selected two companies, NLMK Verona SpA (NVR) and 
Officine Tecnosider s.r.l. (OTS), for individual examination. The 
producers and/or exporters not selected for individual examination are 
listed in the ``Final Results of the Review'' section of this notice.
    On August 4, 2021, Commerce published the Preliminary Results.\1\ 
In September 2021, certain of the petitioners \2\ and NVR submitted 
case and rebuttal briefs. On November 30, 2021, we extended the 
deadline for the final results by 57 days, until January 28, 2022.\3\ 
For a description of the events that occurred since the Preliminary 
Results, see the Issues and Decision Memorandum.\4\
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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 Preliminary Determination of No Shipments; 2019-2020, 86 FR 
41953 (August 4, 2021) (Preliminary Results).
    \2\ Nucor Corporation.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
2019-2020 Antidumping Duty Administrative Review,'' dated November 
30, 2021.
    \4\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2019-2020 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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    Commerce conducted this administrative review in accordance with 
section 751 of the Tariff Act of 1930, as amended (the Act).

Scope of the Order

    The products covered by the order are 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 from Italy. Products subject to the order are currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030, 
7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 
7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 
7226.20.0000, and 7226.91.5000. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the merchandise subject to this scope is dispositive.\5\
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    \5\ For a full description of the scope of the order, see Issues 
and Decision Memorandum.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in the 
appendix to this notice and addressed in the Issues and Decision 
Memorandum. 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.

Determination of No Shipments

    As noted in the Preliminary Results, we received a no-shipment 
claim from one company involved in this administrative review, Lyman 
Steel Company (Lyman). In the Preliminary Results, we preliminarily 
determined that Lyman had no reviewable transactions during the POR. We 
received no comments from interested parties with respect to this 
claim. Therefore, because the record indicates that this company did 
not export subject merchandise to the United States during the POR, we 
continue to find that Lyman had no reviewable transactions during the 
POR. Accordingly, consistent with Commerce's practice, we intend to 
instruct U.S. Customs and Border Protection (CBP) to liquidate any 
existing entries of merchandise produced by Lyman, but exported by 
other parties, at the rate for the intermediate reseller, if available, 
or at the all-others rate.\6\
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    \6\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989 (September 17, 2010).
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Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, we made changes 
to the preliminary weighted-average margin calculations for OTS, NVR, 
and those companies not selected for individual review.\7\
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    \7\ See Issues and Decision Memorandum.
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Rate for Non-Selected Respondents

    The Act and Commerce's regulations do not address the establishment 
of a

[[Page 6486]]

rate to be applied to companies not selected for individual examination 
when Commerce limits its examination in an administrative review 
pursuant to section 777A(c)(2) of the Act. Generally, Commerce looks to 
section 735(c)(5) of the Act, which provides instructions for 
calculating the all-others rate in a market economy investigation, for 
guidance when calculating the rate for companies which were not 
selected for individual examination in an administrative review. Under 
section 735(c)(5)(A) of the Act, the all-others rate is normally ``an 
amount equal to the weighted-average of the estimated weighted-average 
dumping margins established for exporters and producers individually 
investigated, excluding any zero or de minimis margins, and any margins 
determined entirely {on the basis of facts available{time} .''
    In this review, we have calculated a weighted-average dumping 
margin for the non-selected companies by using the weighted-average 
calculated rates of the mandatory respondents, NVR and OTS, which are 
not zero, de minimis, or determined entirely on the basis of facts 
available.\8\ For these final results, we have calculated a weighted-
average dumping margin for OTS that is zero. Accordingly, we have 
assigned to the companies not individually examined the weighted-
average dumping margin calculated for NVR.
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    \8\ See section 735(c)(5)(A) of the Act.
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Final Results of the Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period May 1, 2019, through April 30, 
2020:

------------------------------------------------------------------------
                                                       Weighted-average
                 Exporters/producers                    dumping margin
                                                           (percent)
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NLMK Verona SpA.....................................                1.57
Officine Tecnosider s.r.l...........................                0.00
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        Rate Applicable to the Following Non-Selected Companies:
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Arvedi Tubi Acciaio.................................                1.57
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C.M.T. Construzioni Meccaniche di Taglione Emilio &                 1.57
 C. S.a.s...........................................
MAM s.r.1...........................................                1.57
O.ME.P SpA..........................................                1.57
Ofar SpA............................................                1.57
Sesa SpA............................................                1.57
Tim-Cop Doo Temerin.................................                1.57
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these final results of review to parties in this review 
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 Rates

    Pursuant to section 751(a)(2)(C) of the Act, and 19 CFR 
351.212(b)(1), Commerce has determined, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with the final results of this review.
    Where the respondent did not report entered value or reported 
amounts based on estimated data, we calculated the entered value in 
order to calculate the assessment rate. 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 the companies that were not selected for individual review, we 
will assign an assessment rate based on the cash deposit rate 
calculated for NVR.\9\ The final results of this 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.\10\
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    \9\ This rate was calculated as discussed in the Section, ``Rate 
for Non-Selected Respondents,'' above.
    \10\ See section 751(a)(2)(C) of the Act.
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    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by companies included in 
these final results of review for which the reviewed companies did not 
know that the merchandise they sold to the intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. As indicated above, for 
Lyman, we will instruct CBP to liquidate any existing entries of 
merchandise produced by Lyman, but exported by other parties, at the 
all-others rate 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

    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 each specific 
company listed above will be that 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 previously 
investigated companies not participating in this review, the cash 
deposit will continue to be the

[[Page 6487]]

company-specific rate published for the most recently completed segment 
of this proceeding; (3) if the exporter is not a firm covered in this 
review, or the original less-than-fair-value (LTFV) investigation, but 
the manufacturer is, then the cash deposit rate will be the rate 
established for the most recent segment for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 6.08 percent, the all-others rate 
established in the LTFV investigation.\11\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \11\ 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).
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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.

Notification Regarding 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 the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This notice is being issued in accordance with sections 751(a)(1) 
and 777(i) of the Act, and 19 CFR 351.221(b)(5).

    Dated: January 28, 2022.
Lisa W. Wang,
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. Margin Calculations
V. Discussion of the Issues
    Comment 1: NVR's Major Input Rule
    Comment 2: Whether Commerce Should Adjust NVR's Total Cost of 
Manufacturing (TOTCOM) Calculation for Unsupported Adjustments in 
Its Overall Reconciliation
    Comment 3: NVR's General and Administrative (G&A) Expense 
Calculation
    Comment 4: NVR's Interest Income Calculation
    Comment 5: Whether Section 232 Duties Should be Deducted From 
U.S. Price
    Comment 6: Section 232 Duties Calculation for NVR
VI. Recommendation

[FR Doc. 2022-02280 Filed 2-3-22; 8:45 am]
BILLING CODE 3510-DS-P