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 Department of Commerce International Trade Administration [A-475-834]
 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce.
 SUMMARY: The U.S. 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, 2020, through April 30, 2021. 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 June 6, 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 On July 6, 2021, 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 plate from Italy.[1]
                    
                     This review covers 11 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. One company, Lyman Steel Company (Lyman), reported having no shipments during the POR, 
                    *see*
                     “Preliminary Determination of No Shipments” section below. The remaining producers and/or exporters not selected for individual examination are listed in the “Preliminary Results of the Review” section of this notice. On January 6, 2022, Commerce extended the preliminary results of this review by 120 days, until May 31, 2022.[2]
                    
                     For a complete description of the events that followed the initiation of this review, 
                    *see*
                     the Preliminary Decision Memorandum.[3] Scope of the Order 
                    4 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] 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. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an appendix to this notice. 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.* Preliminary Determination of No Shipments One company under review, 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] Preliminary Results of the Review We preliminarily determine that the following weighted-average dumping margins exist for the period May 1, 2020, through April 30, 2021: Producer/exporter
Weighted-average dumping margin
                             (percent)NLMK Verona SpA
1.47Officine Tecnosider s.r.l
20.44Arvedi Tubi Acciaio
4.43C.M.T. Construzioni Meccaniche di Taglione Emilio & C. S.a.s
4.43O.ME.P SpA
4.43Ofar SpA
4.43Officine Meccaniche M.A.M. s.r.l
4.43Sesa SpA
4.43SZ Acroni D.o.o
4.43Tim-Cop Doo Temerin
4.43
 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 weighted-average dumping margin for companies that were not selected for 
                    ( print page 34248)
                    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.[9] Verification As provided in section 782(i)(3) of the Act, Commerce intends to verify the information relied upon in making its final results of the 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.[10]
                    
                     Case briefs or other written comments may be submitted to Commerce. A timeline for the submission of case briefs and written comments will be provided to interested parties at a later date. 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] 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. 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.[16] 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] Assessment Rates Upon completion of the administrative review, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries.[18] Pursuant to 19 CFR 351.212(b)(1), where the respondent reported the entered value of its 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] 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 its AD case number (
                    *i.e.,*
                     at that exporter's rate) 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 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 
                    ( print page 34249)
                    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-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.[20]
                    
                     These deposit requirements, when imposed, shall remain in effect until further notice. 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, and 19 CFR 351.221(b)(4). Dated: May 31, 2022. Lisa W. Wang, 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


# Footnotes

1.
    
                         
                        *See Initiation of Antidumping and Countervailing Duty Administrative Reviews,*86 FR 35481 (July 6, 2021). Back to Citation
 2.
    
                         
                        *See*
                         Memorandum, “Extension of Deadline for Preliminary Results of 2020-2021 Antidumping Duty Administrative Review,” dated January 6, 2022. Back to Citation
 3.
    
                         
                        *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 Italy,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). Back to Citation
 4.
    
                         
                        *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). Back to Citation
 5.
    
                         For a full description of the scope of the 
                        *Order, see*
                         the Preliminary Decision Memorandum. Back to Citation
 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 July 28, 2021. Back to Citation
 7.
    
                         
                        *See*
                         Memorandum, “Certain Carbon and Alloy Steel Cut-to-Length Plate from Italy (A-475-834),” dated September 80, 2021. Back to Citation
 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). Back to Citation
 9.
    
                         For more information regarding the calculation of this margin, 
                        *see*
                         Memorandum, “Calculation of the Cash Deposit Rate for Non-Reviewed Companies,” dated concurrently with this notice. As the weighting factor, we relied on the publicly ranged sales data reported in the quantity and value charts submitted by NVR and OTS. Back to Citation
 10.
    
                         
                        *See*19 CFR 351.224(b). Back to Citation
 11.
    
                         Commerce is exercising its discretion, under 19 CFR 351.309(d)(1), to alter the time limit for filing of rebuttal briefs. Back to Citation
 12.
    
                         
                        *See*19 CFR 351.309(c)(2) and (d)(2). Back to Citation
 13.
    
                         
                        *See*19 CFR 351.303. Back to Citation
 14.
    
                         
                        *See*19 CFR 351.310(c). Back to Citation
 15.
    
                         
                        *See*19 CFR 351.310(d). Back to Citation
 16.
    
                         
                        *See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID-19; Extension of Effective Period,*85 FR 41363 (July 10, 2020). Back to Citation
 17.
    
                         
                        *See*
                         Section 751(a)(3)(A) of the Act. Back to Citation
 18.
    
                         
                        *See*19 CFR 351.212(b). Back to Citation
 19.
    
                         For a full discussion of this practice, 
                        *see Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties,*68 FR 23954 (May 6, 2003). Back to Citation
 20.
    
                         
                        *See Order.* Back to Citation


[FR Doc. 2022-12095 Filed 6-3-22; 8:45 am] BILLING CODE 3510-DS-P