[Federal Register Volume 79, Number 209 (Wednesday, October 29, 2014)]
[Notices]
[Pages 64365-64366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25746]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-808]


Stainless Steel Plate in Coils From Belgium: Final Results of 
Antidumping Duty Administrative Review; 2012-2013

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

DATES: Effective Date: October 29, 2014.
SUMMARY: On June 25, 2014, the Department of Commerce (the Department) 
published the preliminary results of the antidumping duty 
administrative review on stainless steel plate in coils (steel plate) 
from Belgium.\1\ This review covers one manufacturer/exporter of the 
subject merchandise: Aperam Stainless Belgium N.V. (ASB). The period of 
review (POR) is May 1, 2012, through April 30, 2013.
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    \1\ See Stainless Steel Plate in Coils From Belgium: Preliminary 
Results of Antidumping Duty Administrative Review; 2012-2013, 79 FR 
36001 (June 25, 2014) (Preliminary Results).
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    Based on our analysis of the comments received, we determine that 
ASB made sales at less than normal value. For the final weighted-
average dumping margin, see the ``Final Results of Review'' section 
below.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska at 202-482-8362; AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On June 25, 2014, the Department published in the Federal Register 
the Preliminary Results.
    We invited interested parties to comment on the Preliminary 
Results. On July 25, 2014, the Department received case briefs from ASB 
and the Petitioners.\2\ On July 31, 2014, ASB submitted a request for 
an extension of time to submit its rebuttal brief.\3\ On August 4, 
2014, ASB submitted its rebuttal brief. However, on August 5, 2014, 
pursuant to 19 CFR 351.302(c) (2012), the Department found ASB's July 
31, 2014, extension request untimely, and thus denied ASB's request for 
an extension of time to submit a rebuttal brief.\4\ Consequently, on 
the same day, pursuant to 19 CFR 351.104(a)(2)(iii) and 19 CFR 
351.302(d), the Department rejected and removed ASB's untimely filed 
rebuttal brief from the record.\5\ In response, on August 5, 2014, ASB 
urged the Department to reconsider its decision.\6\ In the event that 
the Department chose not to allow the submission of ASB's rebuttal 
brief, ASB urged for Petitioners' case brief to be rejected and removed 
from the record since Petitioners failed to properly serve ASB with its 
case brief on July 25, 2014.\7\ On August 8 and 13, 2014, ASB 
reiterated its request to strike Petitioners' case brief.\8\ In their 
letters, dated August 7, 12, and 14, 2014, Petitioners stated that they 
properly served ASB with their case brief, and therefore, there was no 
basis to reject it.\9\ On August 15, 2014, the Department rejected 
ASB's multiple requests to strike Petitioners' case and refused to 
reconsider its decision to reject ASB's rebuttal brief.\10\
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    \2\ Petitioners are Allegheny Ludlum Corporation, North American 
Stainless, United Auto Workers Local 3303, Zanesville Armco 
Independent Organization, and the United Steel, Paper and Forestry, 
Rubber, Manufacturing, Energy, Allied Industrial and Service Workers 
International Union (AFL-CIO/CLC).
    \3\ See ASB's letter dated July 31, 2014.
    \4\ See the Department's Letter to ASB dated August 5, 2014, Re: 
Antidumping Duty Administrative Review of Stainless Steel Plate from 
Coils from Belgium.
    \5\ See the Department's Letter dated August 5, 2014, Re: 
Antidumping Duty Administrative Review of Stainless Steel Plate in 
Coils from Belgium.
    \6\ See ASB's letter dated August 5, 2014.
    \7\ See id. at 3.
    \8\ See ASB's letters dated August 8 and 13, 2014.
    \9\ See Petitioners' letters dated August 7, 12, and 14, 2014.
    \10\ See the Department's Letter dated August 15, 2014, Subject: 
Rejection of Request to Strike Petitioner's Case Brief and to 
Reconsider Extending the Due Date for Filing Rebuttal.
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    No party requested a hearing.

Scope of the Order

    The product covered by the Order is certain stainless steel plate 
in coils. Stainless steel is alloy steel containing, by weight, 1.2 
percent or less of carbon and 10.5 percent or more of chromium, with or 
without other elements. The subject plate products are flat-rolled 
products, 254 mm or over in width and 4.75 mm or more in thickness, in 
coils, and annealed or otherwise heat treated and pickled or otherwise 
descaled.\11\ The merchandise subject to this order is currently 
classifiable in the harmonized Tariff Schedule of the United States 
(HTSUS) at subheadings: 7219.11.00.30, 7219.11.00.60, 7219.12.00.02, 
7219.12.00.05, 7219.12.00.06, 7219.12.00.20, 7219.12.00.21, 
7219.12.00.25, 7219.12.00.26, 7219.12.00.50, 7219.12.00.51, 
7219.12.00.55, 7219.12.00.56, 7219.12.00.65, 7219.12.00.66, 
7219.12.00.70, 7219.12.00.71, 7219.12.00.80, 7219.12.00.81, 
7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 
7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 
7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 
7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 
7220.90.00.10, 7220.90.00.15, and 7220.90.00.60. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written product description remains dispositive.
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    \11\ For a full description of the scope of the order, see the 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations, to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, titled 
``Stainless Steel Plate in Coils from Belgium: Decision Memorandum 
for the Final Results of Antidumping Duty Administrative Review; 
2012-2013,'' (Final Decision Memorandum), dated concurrently with 
and hereby adopted by this notice.
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Analysis of Comments Received

    All issues raised in the case briefs by the parties to this 
administrative review are addressed in the Issues and Decision 
Memorandum. For reasons described above, we did not accept ASB's 
rebuttal brief. Petitioners did not submit a rebuttal brief.
    The Issues and Decision Memorandum is a public document and is on 
file in the Central Records Unit (CRU), room 7046 of the main

[[Page 64366]]

Department of Commerce building, as well as electronically via the 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in the 
CRU. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.ita.doc.gov/frn. The signed Issues and Decision Memorandum 
and the electronic versions of the Issues and Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made certain 
changes to the margin calculations for ASB, which we discuss in the 
Issues and Decision Memorandum and Final Calculation Memorandum.\12\
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    \12\ For a discussion of these changes, see Memorandum to the 
File titled, ``Calculation Memorandum for Aperam Stainless Belgium 
N.V. (ASB) for the Final Results of the 12th Administrative Review 
of Stainless Steel Plate in Coils (Steel Plate) from Belgium,'' 
(Final Calculation Memorandum), dated concurrently with this notice.
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Final Results of Review

    As a result of our review, we determined that the following 
weighted-average dumping margin exists for the period May 1, 2012, 
through April 30, 2013:

------------------------------------------------------------------------
                                                            Weighted-
                                                         average dumping
                 Manufacturer/exporter                        margin
                                                            (percent)
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Aperam Stainless Belgium N.V...........................            1.47
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Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Tariff Act of 1930, as 
amended (the Act), the Department shall determine and U.S. Customs and 
Border Protection (CBP) shall assess antidumping duties on all 
appropriate entries. The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. Since the weighted-average dumping margin is 
above de minimis, we calculated importer-specific ad valorem duty 
assessment rates based on the ratio of the total amount of dumping 
calculated for the importer's examined sales to the total entered value 
of those same sales in accordance with 19 CFR 351.212(b)(1). We will 
instruct CBP to assess antidumping duties on all appropriate entries 
covered by this review since the importer-specific assessment rate 
calculated in the final results of this review is above de minimis 
(i.e., 0.50 percent). Where either a respondent's weighted-average 
dumping margin is zero or de minimis, or an importer-specific 
assessment rate is zero or de minimis, we instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003.\13\ This clarification will apply to entries of subject 
merchandise during the POR produced by the respondent for which it did 
not know its merchandise 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. For a full discussion of this 
clarification, see Assessment Policy Notice.
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) 
(Assessment Policy Notice).
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Cash Deposit Requirements

    The following antidumping duty deposit rates will be effective upon 
publication of the final results of this administrative review for all 
shipments of steel plate from Belgium entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results, as provided for by section 751(a)(1) of the Act: (1) For 
ASB, the cash deposit rate will be the rate established in the final 
results of this review; (2) if the exporter is not a firm covered in 
this review, but was covered in a previous review or the original less-
than-fair-value (LTFV) investigation, the cash deposit rate will 
continue to be the company-specific rate established for the most 
recent period; (3) if the exporter is not a firm covered in this 
review, a prior review, or the LTFV investigation, but the manufacturer 
is, the cash deposit rate will be the rate established for the most 
recent period for the manufacturer of the subject merchandise; and (4) 
if neither the exporter nor the manufacturer is a firm covered by this 
review, a prior review, or the LTFV investigation, the cash deposit 
rate will be 8.54 percent ad valorem, the ``all-others'' rate 
established in the LTFV investigation.\14\ These deposit rates, when 
imposed, shall remain in effect until further notice.
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    \14\ See Notice of Final Determination of Sales at Less Than 
Fair Value: Stainless Steel Plate in Coils from Belgium, 64 FR 15476 
(March 31, 1999), as amended by Implementation of the Findings of 
the WTO Panel in U.S.--Zeroing (EC): Notice of Determinations Under 
Section 129 of the Uruguay Round Agreements Act and Revocations and 
Partial Revocations of Certain Antidumping Duty Orders, 72 FR 25261 
(May 4, 2007).
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Reimbursement of Duties

    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 the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.\15\
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    \15\ See 19 CFR 351.402(f)(3).
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Notification to Interested Parties

    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/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 which is subject to sanction pursuant to 19 CFR 
351.305(a)(5).
    These final results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(5).

    Dated: October 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.\

Appendix

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of Interested Party Comments
    Comment 1: ASB's Stainless Steel Plate in Coils with an Actual 
Thickness of 4.75 mm
    Comment 2: Bundled Pricing
    Comment 3: Whether the Department Miscoded Excess Prime 
Merchandise and Non-prime Merchandise in its Preliminary Margin 
Calculations
    Comment 4: Whether the Department Erred in Converting INVCARU 
from Euros to U.S. Dollars in its Preliminary Margin Calculations
V. Recommendation

[FR Doc. 2014-25746 Filed 10-28-14; 8:45 am]
BILLING CODE 3510-DS-P