[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Pages 41953-41956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16624]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-834]


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

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that the producers/exporters subject to this administrative review made 
sales of subject merchandise at less than normal value (NV) during the 
period of review (POR) May 1, 2019, through April 30, 2020. 
Additionally, Commerce preliminarily determines that a company for 
which we initiated a review had no shipments during the POR. Interested 
parties are invited to comment on these preliminary results.

DATES: Applicable August 4, 2021.

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

    On July 10, 2020, based on timely requests for review in accordance 
with 19 CFR 351.221(c)(1)(i), we initiated an administrative review of 
the antidumping duty order on certain carbon and alloy steel cut-to-
length

[[Page 41954]]

plate (CTL plate) from Italy.\1\ 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 ``Preliminary Results of 
the Review'' section of this notice.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 41540 (July 10, 2020).
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    On July 21, 2020, Commerce tolled preliminary and final results 
deadlines in administrative reviews by 60 days, thereby extending the 
deadline for these results until April 1, 2021.\2\ On March 10, 2021, 
Commerce extended the preliminary results of this review by 120 days, 
until July 30, 2021.\3\ For a complete description of the events that 
followed the initiation of this review, see the Preliminary Decision 
Memorandum.\4\
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    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
    \3\ See Memorandum, ``Carbon and Alloy Steel Cut-to-Length Plate 
from Italy: Extension of Deadline for Preliminary Results of 2019-
2020 Antidumping Duty Administrative Review,'' dated March 10, 2021.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
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, this 
notice (Preliminary Decision Memorandum).
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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 
Preliminary Decision Memorandum.
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Methodology

    Commerce is conducting this review in accordance with section 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price and constructed export price are 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://enforcement.trade.gov/frn/. A list of the topics discussed 
in the Preliminary Decision Memorandum is attached as an appendix to 
this notice.

Preliminary Determination of No Shipments

    One company under review, Lyman Steel Company (Lyman), filed a 
statement reporting that it made no shipments of subject merchandise to 
the United States during the POR.\6\ We were able to confirm Lyman's 
claim with U.S. Customs and Border Protection (CBP).\7\ Consequently, 
we preliminarily determine that Lyman had no shipments during the POR. 
Consistent with our practice, we find that it is not appropriate to 
preliminarily rescind the review with respect to this company, and we 
will instead complete the review for this company and issue appropriate 
instructions to CBP based on the final results of this review.\8\
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    \6\ See Lyman's Letter ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from Italy; Lyman Steel Company's Certification of No 
Sales, Shipments, or Entries,'' dated August 7, 2020.
    \7\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-to-
Length Plate from Italy (A-475-834),'' dated August 20, 2020.
    \8\ See, e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 
(August 28, 2014).
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Preliminary Results of the Review

    We preliminarily determine that the following weighted-average 
dumping margins exist for the respondents for the period May 1, 2019, 
through April 30, 2020:

------------------------------------------------------------------------
                                                       Weighted- average
                 Exporters/producers                    dumping margin
                                                           (percent)
------------------------------------------------------------------------
NLMK Verona SpA.....................................                1.21
Officine Tecnosider s.r.l...........................                1.37
Arvedi Tubi Acciaio.................................                1.31
C.M.T. Construzioni Meccaniche di Taglione Emilio &                 1.31
 C. S.a.s...........................................
MAM s.r.1...........................................                1.31
O.ME.P SpA..........................................                1.31
Ofar SpA............................................                1.31
Sesa SpA............................................                1.31
Tim-Cop Doo Temerin.................................                1.31
------------------------------------------------------------------------

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 investigation, for guidance when calculating the

[[Page 41955]]

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 NVR and 
OTS in this administrative review.

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.\9\ Interested 
parties may submit case briefs to Commerce no later than 30 days after 
the date of publication of this notice.\10\ 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.\11\ Parties who submit 
case briefs or rebuttal briefs in this proceeding are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\12\ Case and 
rebuttal briefs should be filed using ACCESS.\13\
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    \9\ See 19 CFR 351.224(b).
    \10\ See 19 CFR 351.309(c).
    \11\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See 19 CFR 351.303.
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    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.\14\ 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. Issues raised 
in the hearing will be limited to issues raised in the briefs. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a date and time to be determined.\15\ Parties should confirm the date, 
time, and location of the hearing two days before the scheduled date.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
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    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.\16\
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    \16\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    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.\17\
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    \17\ See Section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries.\18\
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    \18\ See 19 CFR 351.212(b).
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    Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the 
entered value of their U.S. sales, 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 for which entered value was reported. Where the respondent 
did not report entered value or reported amounts based on estimated 
sales 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 average of the cash deposit 
rates calculated for NVR and OTS, excluding any rates that are zero, de 
minimis, or determined entirely based on adverse facts available. 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.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by companies included in 
the final results of this 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.\19\
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    \19\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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    Further, if we continue to find, in the final results, that Lyman 
had no shipments of subject merchandise during the POR, we will 
instruct CBP to liquidate any suspended entries that entered under 
their AD case number (i.e., at that exporter's rate) or at the all-
others rate, if there is no rate for the intermediate company(ies) 
involved in the transaction.
    Consistent with its recent notice,\20\ 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).
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    \20\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duty Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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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 exporters 
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 original less-than-fair-

[[Page 41956]]

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 
6.08 percent, the all-others rate established in the LTFV 
investigation.\21\ These deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \21\ 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 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 preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Companies Not Selected for Individual Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2021-16624 Filed 8-3-21; 8:45 am]
BILLING CODE 3510-DS-P