[Federal Register Volume 86, Number 160 (Monday, August 23, 2021)]
[Notices]
[Pages 47054-47055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18088]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-602-809]


Certain Hot-Rolled Steel Flat Products From Australia: Final 
Results of Antidumping Duty Administrative Review and Final Rescission 
of Review, in Part; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that sales of 
certain hot-rolled steel flat products (hot-rolled steel) from 
Australia were made at less than normal value during the period of 
review (POR), October 1, 2018, through September 30, 2019.

DATES: Applicable August 23, 2021.

FOR FURTHER INFORMATION CONTACT: Allison Hollander, AD/CVD Operations, 
Office I, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-2805.

SUPPLEMENTARY INFORMATION:

Background

    On February 23, 2021, Commerce published the Preliminary Results of 
the 2018-2019 administrative review of the antidumping duty order on 
hot-rolled steel from Australia in the Federal Register.\1\ This review 
covers one producer/exporter of subject merchandise, the collapsed 
entity, BlueScope Steel (AIS) Pty Ltd., BlueScope Steel Ltd., and 
BlueScope Steel Distribution Pty Ltd. (collectively, BlueScope). We 
invited interested parties to comment on the Preliminary Results and 
received case and rebuttal briefs.\2\ On May 18, 2021, Commerce 
extended the deadline for the final results of review by 60 days to no 
later than August 20, 2021.\3\ A complete summary of the events that 
occurred since publication of the Preliminary Results is found in the 
Issues and Decision Memorandum.\4\ Commerce conducted this review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Act).
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    \1\ See Certain Hot-Rolled Steel Flat Products from Australia: 
Preliminary Results of Antidumping Duty Administrative Review and 
Intent To Rescind Review, in Part; 2018-2019 86 FR 10923 (February 
23, 2021) (Preliminary Results), and accompanying Preliminary 
Decision Memorandum.
    \2\ The petitioners in this review are United States Steel 
Corporation, AK Steel Corporation, ArcelorMittal USA LLC, Nucor 
Corporation, Steel Dynamics, Inc. See Petitioners' Letter, ``Hot-
Rolled Steel Flat Products from Australia: Petitioners' Case 
Brief,'' dated March 25, 2021; see also BlueScope's Letter, ``Case 
Brief of BlueScope Steel Ltd: Certain Hot-Rolled Steel Products from 
Australia,'' dated March 25, 2021; the Petitioners' Letter, ``Hot-
Rolled Steel Flat Products from Australia: Petitioners' Rebuttal 
Brief,'' dated April 6, 2021; and BlueScope's Letter, ``Rebuttal 
Brief of BlueScope Steel Ltd: Certain Hot-Rolled Steel Products from 
Australia,'' dated April 6, 2021.
    \3\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from Australia: Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2018-2019,'' dated May 18, 
2021.
    \4\ See Memorandum, ``Hot Rolled Steel Flat Products from 
Australia: Decision Memorandum for Final Results of Antidumping Duty 
Administrative Review; 2018-2019,'' 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 this Order \5\ are hot-rolled steel. A full 
description of the scope of the Order is contained in the Issues and 
Decision Memorandum.
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    \5\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016) (Order).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by 
interested parties in this review are addressed in the Issues and 
Decision Memorandum. A list of the issues that parties raised, and to 
which we responded in the Issues and Decision Memorandum, follows as an 
appendix to this notice. The Issues and Decision Memorandum is a public 
document and is made available to the public 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 is available at http://enforcement.trade.gov/frn/.

Rescission of Review in Part

    As stated in the Preliminary Results, Commerce inadvertently 
included as subject to the review, a U.S. company, i.e., AJU Steel USA 
Inc., for which a review should not have been initiated. We received no 
comments from interested parties with respect to Commerce's intent to 
rescind the review with respect to AJU Steel USA Inc. Therefore, we are 
rescinding this administrative review, in part, with respect to AJU 
Steel USA Inc.

Changes Since the Preliminary Results

    Based on a review of the record and comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
certain changes for these final results of review.

Final Results of the Administrative Review

    We determine that the following weighted-average dumping margin 
exists for the period October 1, 2018, through September 30, 2019:

------------------------------------------------------------------------
                                                       Weighted-average
                 Exporter/producer                      dumping margin
                                                          (percent)
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BlueScope Steel (AIS) Pty Ltd, BlueScope Steel                     9.94
 Ltd., and BlueScope Steel Distribution Pty Ltd....
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Disclosure

    We intend to disclose the calculations performed in connection with 
these final results to parties in this proceeding within five days 
after public announcement of the final results, in accordance with 19 
CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 
351.212(b)(1),

[[Page 47055]]

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.
    For BlueScope, we calculated importer-specific assessment rates on 
the basis of the ratio of the total amount of dumping calculated for 
each importer's examined sales and the total entered value of those 
same sales in accordance with 19 CFR 351.212(b)(1).\6\ Where an 
importer-specific assessment rate is zero or de minimis, the entries by 
that importer will be liquidated without regard to antidumping duties. 
For entries of subject merchandise during the POR produced by BlueScope 
for which it did not know the merchandise was destined for the United 
States, 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.\7\
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    \6\ In these final 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, 
8103 (February 14, 2012).
    \7\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    For any suspended entries of hot-rolled steel from AJU Steel USA 
Inc., we will instruct CBP to assess antidumping duties at the rate 
equal to the cash deposit rate of estimated antidumping duties required 
at the time of entry, or withdrawal from warehouse for consumption.
    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of these 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 upon 
publication in the Federal Register of this notice for all shipments of 
hot-rolled steel from Australia entered, or withdrawn from warehouse, 
for consumption on or after the date of publication as provided by 
section 751(a)(2)(C) of the Act: (1) The cash deposit rate for 
BlueScope will be equal to the weighted-average dumping margin 
established in the final results of the review; (2) for merchandise 
exported by producers or exporters not covered in this review but 
covered in a prior 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 
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; (4) the cash deposit rate for all other 
producers or exporters will continue to be 29.58 percent, the all-
others rate established in the less-than-fair-value investigation.\8\ 
These cash deposit requirements, when imposed, shall remain in effect 
until further notice.
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    \8\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016).
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Notification to Importers

    This notice also 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 POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
terms of an APO is a violation subject to sanction.

Notification to Interested Parties

    We are issuing and publishing these results of administrative 
review in accordance with sections 751(a)(1) and 777(i)(1) of the Act, 
and 19 CFR 351.221.

    Dated: August 17, 2021.
Christian Marsh,
Acting 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 to the Preliminary Results
V. Discussion of the Issues
    Comment 1: Reimbursement of Antidumping Duties
    Comment 2: Calculation of Constructed Export Price Profit
    Comment 3: Non-Prime Product Costs
    Comment 4: Home-Market Price Adjustments
    Comment 5: Calculation of Further Manufacturing Expenses
    Comment 6: Calculation of Home-Market Movement Expenses
VI. Recommendation

[FR Doc. 2021-18088 Filed 8-20-21; 8:45 am]
BILLING CODE 3510-DS-P