[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Pages 6499-6500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02310]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-844]


Certain Carbon and Alloy Steel Cut-to-Length Plate From Germany: 
Preliminary Results of Antidumping Duty Administrative Review; 2020-
2021

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that certain carbon and alloy steel cut-to-length plate (CTL plate) 
from Germany is not being, or is not likely to be, sold in the United 
States at less than normal value (NV) during the period of review (POR) 
May 1, 2020, through April 30, 2021.

DATES: Applicable February 4, 2022.

FOR FURTHER INFORMATION CONTACT: David Goldberger, 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) 482-4136.

SUPPLEMENTARY INFORMATION:

Background

    On July 6, 2021, based on a timely request for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review on CTL plate from Germany.\1\ This review covers one producer/
exporter of the subject merchandise, AG der Dillinger H[uuml]ttenwerke 
(Dillinger). For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\2\
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 35481 (July 6, 2021).
    \2\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2020-2021 Administrative Review of the Antidumping 
Duty Order on Certain Carbon and Alloy Steel Cut-To-Length Plate 
from Germany,'' dated concurrently with, and hereby adopted by this 
notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order <SUP>3</SUP>
---------------------------------------------------------------------------

    \3\ 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).
---------------------------------------------------------------------------

    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 Germany. 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.\4\
---------------------------------------------------------------------------

    \4\ For a complete description of the scope of the Order, see 
the Preliminary Decision Memorandum.
---------------------------------------------------------------------------

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price is calculated in accordance with section 772 of the Act. 
NV is calculated in accordance with section 773 of the Act.
    For a full description of the methodology underlying our 
conclusions, see the Preliminary Decision Memorandum. 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. A list of 
the topics discussed in the Preliminary Decision Memorandum is attached 
as an appendix to this notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for the respondent for 
the period May 1, 2020, through April 30, 2021:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
AG der Dillinger H[uuml]ttenwerke..........................        0.00
------------------------------------------------------------------------

Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\5\ Interested 
parties may submit case briefs to Commerce no later than 30 days after 
the date of publication of this notice.\6\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the time limit for filing case briefs.\7\ Parties who submit case 
briefs or rebuttal briefs in this proceeding are encouraged to submit

[[Page 6500]]

with each argument: (1) A statement of the issue; (2) a brief summary 
of the argument; and (3) a table of authorities.\8\ Case and rebuttal 
briefs should be filed using ACCESS.\9\
---------------------------------------------------------------------------

    \5\ See 19 CFR 351.224(b).
    \6\ See 19 CFR 351.309(c).
    \7\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \8\ See 19 CFR 351.309(c)(2) and (d)(2).
    \9\ See 19 CFR 351.303.
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\10\ Hearing requests should contain: (1) 
The party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing.\11\ An electronically-filed document 
must be received successfully in its entirety by ACCESS by 5:00 p.m. 
Eastern Time on the established deadline. Note that Commerce has 
temporarily modified certain of its requirements for serving documents 
containing business proprietary information, until further notice.\12\
---------------------------------------------------------------------------

    \10\ See 19 CFR 351.310(c).
    \11\ See 19 CFR 351.310(d).
    \12\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19, 85 FR 17006 (March 26, 2020) (Temporary Rule); and 
Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-
19; Extension of Effective Period, 85 FR 41363 (July 10, 2020).
---------------------------------------------------------------------------

    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless otherwise extended.\13\
---------------------------------------------------------------------------

    \13\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries covered by this 
review.\14\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    If the weighted average dumping margin for Dillinger is not zero or 
de minimis (i.e., less than 0.5 percent), we will calculate importer-
specific ad valorem antidumping duty assessment rates based on the 
ratio of the total amount of dumping calculated for each importer's 
examined sales to the total entered value of those same sales in 
accordance with 19 CFR 351.212(b)(1).\15\ If the weighted-average 
dumping margin for Dillinger is zero or de minimis in the final 
results, or an importer-specific assessment rate is zero or de minimis 
in the final results, we will instruct CBP not to assess antidumping 
duties on any such entries in accordance with the Final Modification 
for Reviews.\16\
---------------------------------------------------------------------------

    \15\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \16\ Id. at 8102.
---------------------------------------------------------------------------

    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.\17\
---------------------------------------------------------------------------

    \17\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    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 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 the exporter 
listed above will be equal to the weighted-average dumping margin 
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 companies not participating in this review, the cash deposit 
rate will continue to be the company-specific cash deposit rate 
published for the most recently completed segment; (3) if the exporter 
is not a firm covered in this review, or the less-than-fair-value 
(LTFV) investigation, but the producer is, then the cash deposit rate 
will be the cash deposit rate established for the most recently 
completed segment for the producer of the merchandise; and (4) the cash 
deposit rate for all other producers or exporters will continue to be 
21.04 percent, the all-others rate established in the LTFV 
investigation.\18\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \18\ See Order.
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a preliminary 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 to Interested Parties

    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: January 28, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2022-02310 Filed 2-3-22; 8:45 am]
BILLING CODE 3510-DS-P