[Federal Register Volume 87, Number 26 (Tuesday, February 8, 2022)]
[Notices]
[Pages 7116-7118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02636]


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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; 2019-2020

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that the 
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 two companies for which we 
initiated a review had no shipments during the POR.

DATES: Applicable February 8, 2022.

FOR FURTHER INFORMATION CONTACT: Alex Wood or Steven Seifert, 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) 482-1959 and (202) 482-3350, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    This review covers 22 producers and/or exporters of the subject 
merchandise. Commerce selected two companies, Industeel Belgium S.A. 
(Industeel) and NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales 
Europe S.A./NLMK Manage Steel Center S.A./NLMK La Louviere S.A. 
(collectively, NLMK Belgium), 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 6, 2021, Commerce published the Preliminary Results.\1\ 
In September 2021, Nucor Corporation (the petitioner), AG der Dillinger 
Huttenwerke (Dillinger), Industeel, and NLMK Belgium submitted case and 
rebuttal briefs.\2\ For a description of the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\3\ On 
November 30, 2021, we extended the deadline for the final results by 60 
days, until February 2, 2022.\4\
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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; 2019-2020, 86 
FR 43166 (August 6, 2021) (Preliminary Results).
    \2\ See Petitioner's Letter, ``Nucor's Case Brief and Request 
for a Hearing,'' dated September 7, 2021; Dillinger's Letter, ``Case 
Brief,'' dated September 7, 2021; NLMK Belgium's Letter, ``Case 
Brief,'' dated September 7, 2021; Industeel's Letter, ``Industeel's 
Rebuttal Brief,'' dated September 17, 2021; and NLMK Belgium's 
Letter, ``Rebuttal Brief,'' dated September 17, 2021.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the 2018-2019 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).
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
2019-2020 Antidumping Duty Administrative Review,'' dated November 
30, 2021.
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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 nonmetallic 
substances from Belgium. Products subject to the order are currently 
classified in the Harmonized Tariff Schedule on 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.\6\ Interested parties can find a complete discussion of 
these issues and the corresponding recommendations in this public 
memorandum, which 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

[[Page 7117]]

directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \6\ Id.
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Determination of No Shipments

    As noted in the Preliminary Results, we received no-shipment claims 
from Dillinger and Industeel France S.A.S. (Industeel France). In the 
Preliminary Results, we preliminarily determined that Dillinger and 
Industeel France had no reviewable transactions during the POR. 
Therefore, because the record indicates that these companies did not 
export subject merchandise to the United States during the POR, we 
continue to find that Dillinger and Industeel France 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 
Dillinger or Industeel France, but exported by other parties, at the 
rate for the intermediate reseller, if available, or at the all-others 
rate.\7\
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    \7\ 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 certain 
changes to the preliminary weighted-average margin calculations for 
NLMK Belgium and for those companies not selected for individual 
review.\8\
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    \8\ See accompanying Issues and Decision Memorandum.
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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
                 Producers/exporters                     dumping margin
                                                           (percent)
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Industeel Belgium S.A................................               0.51
NLMK Clabecq S.A./NLMK Plate Sales S.A./NLMK Sales                  5.76
 Europe S.A./NLMK Manage Steel Center S.A./NLMK La
 Louviere S.A........................................
C.A. Picard GmbH.....................................               3.14
Doerrenberg Edelstahl GmbH...........................               3.14
Edgen Murray.........................................               3.14
EEW Steel Trading LLC................................               3.14
Fike Europe B.A......................................               3.14
Macsteel International...............................               3.14
NLMK Dansteel A.S....................................               3.14
NLMK Verona SpA......................................               3.14
NobelClad Europe GmbH & Co. KG.......................               3.14
RP Technik GmbH Profilsysteme........................               3.14
Salzgitter Mannesmann International GmbH.............               3.14
Stahlo Stahl Service GmbH & Co. KG...................               3.14
Stemcor USA..........................................               3.14
Thyssenkrupp Steel Europe............................               3.14
TWF Treuhandgesellschaft Werbefilm mbH...............               3.14
Tranter Service Centers..............................               3.14
V[aacute]lcovny Trub Chomutov A.S....................               3.14
voestalpine Grobblech GmbH...........................               3.14
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Rate for Non-Examined Companies

    The Act and Commerce's regulations do not address the establishment 
of a weighted-average dumping margin 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 
less-than-fair-value (LTFV) investigation, for guidance when 
calculating the weighted-average dumping margin 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 rates that are zero, de 
minimis (i.e., less than 0.5 percent), or determined entirely on the 
basis of facts available.
    Consistent with section 735(c)(5)(A) of the Act, we determined the 
weighted-average dumping margin for each of the non-selected companies 
by using the weighted-average dumping margins calculated for Industeel 
France and NLMK Belgium in this administrative review.

Disclosure

    We intend to disclose the calculations performed within five days 
of the date of publication of this notice, 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.
    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

[[Page 7118]]

entries without regard to antidumping duties.
    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the simple average of the cash 
deposit rates calculated for Industeel and NLMK Belgium. 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.\9\
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    \9\ 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 
Dillinger and Industeel France, we will instruct CBP to liquidate any 
existing entries of merchandise produced by Dillinger or Industeel 
France, 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 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 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 5.40 percent, the 
all-others rate established in the LTFV investigation.\10\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \10\ 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 the Secretary'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 and published in accordance with 
sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213.

    Dated: February 2, 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. Changes Since the Preliminary Results
V. Discussion of Issues
    Comment Pertaining to Dillinger
    Comment 1: Recission for AG der Dillinger H[uuml]ttenwerke
    Comments Pertaining to Industeel
    Comment 2: Application of Adverse Facts Available to Home Market 
Inland Freight
    Comment 3: Major Input Rule for Scrap
    Comment 4: Adjustment to General and Administrative Expense 
Ratio
    Comments Pertaining to NLMK Belgium
    Comment 5: Exclusion of U.S. Sales Matched to the Constructed 
Value
    Comment 6: Application of Adverse Facts Available to U.S. Inland 
Freight and Warehousing Expenses
    Comment 7: Constructed Export Price Offset
    Comment 8: Adjustment to U.S. Indirect Selling Expense Ratio
    Comment 9: Adjustment to General and Administrative Expense 
Ratio
VI. Recommendation

[FR Doc. 2022-02636 Filed 2-7-22; 8:45 am]
BILLING CODE 3510-DS-P