[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Notices]
[Pages 68106-68107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26948]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-433-812]
Certain Carbon and Alloy Steel Cut-To-Length Plate From Austria:
Final Results of the Antidumping Duty Administrative Review; 2016-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that sales of
certain carbon and alloy steel cut-to-length plate (CTL plate) from
Austria were made at less than normal value during the period of review
(POR) November 14, 2016 through April 30, 2018.
DATES: Applicable December 13, 2019.
FOR FURTHER INFORMATION CONTACT: Preston N. Cox, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5041.
SUPPLEMENTARY INFORMATION:
Background
This review covers voestalpine Bohler Edelstahl GmbH & Co KG
(vaBEG) and voestalpine Bohler Bleche GmbH & Co KG (vaBBG) (affiliated
producers/exporters of the subject merchandise) and their non-exporting
affiliates, voestalpine High Performance Metals International GmbH
(vaHPMI), voestalpine Grobblech GmbH (Grobblech), and voestalpine Steel
& Service Center GmbH (SSC) (collectively, voestalpine).\1\ Commerce
published the Preliminary Results on June 13, 2019 and invited
interested parties to comment.\2\ On July 17, 2019, Commerce received a
case brief from voestalpine.\3\ On July 24, 2019, Commerce received a
rebuttal brief from SSAB Enterprises LLC (the petitioner).\4\ For a
further discussion of events subsequent to the Preliminary Results, see
the Issues and Decision Memorandum.\5\ Commerce conducted this
administrative review in accordance with section 751 of the Tariff Act
of 1930, as amended (the Act).
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\1\ Commerce continues to find that vaBEG, vaBBG, and vaHPMI are
the successors-in-interest to Bohler Edelstahl GmbH & Co KG (BEG),
Bohler Bleche GmbH & Co KG (BBG), and Bohler International GmbH
(BIG), respectively. Additionally, Commerce has determined to
collapse, and treat as a single entity, vaBEG, vaBBG, and their
affiliated companies vaHPMI, Grobblech, and SSC (collectively,
voestalpine). For a discussion of this analysis, see Memorandum,
``Analysis Memorandum for voestalpine Companies in the Final Results
of the 2016-2018 Administrative Review of the Antidumping Duty Order
on Certain Carbon and Alloy Steel Cut-to-Length Plate from
Austria,'' dated concurrently with this memorandum (voestalpine
Final Analysis Memorandum); see also Memorandum, ``Decision
Memorandum for the Preliminary Results of the 2016-2018
Administrative Review of the Antidumping Duty Order on Certain
Carbon and Alloy Steel Cut-To-Length Plate from Austria,'' dated
June 7, 2019.
\2\ See Certain Carbon and Alloy Steel Cut-to-Length Plate From
Austria: Preliminary Results of the Antidumping Duty Administrative
Review; 2016-2018, 84 FR 27583 (June 13, 2019) (Preliminary
Results), and accompanying Preliminary Decision Memorandum.
\3\ See voestalpine's Letter, ``Antidumping Duty Administrative
Review of Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria: voestalpine Case Brief,'' dated July 17, 2019.
\4\ See Petitioner's Letter, ``Certain Carbon and Alloy Steel
Cut-To-Length Plate from Austria: Rebuttal Brief,'' dated July 24,
2019.
\5\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Certain Carbon and Alloy Steel Cut-To-Length Plate from
Austria; 2016-2018,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
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On October 8, 2019, Commerce extended the deadline for the final
results by 60 days.\6\ Accordingly, the deadline for the final results
is now December 10, 2019.
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\6\ See Memorandum, ``Certain Carbon and Alloy Steel Cut-To-
Length Plate from Austria: Extension of Deadline for Final Results
of Antidumping Duty Administrative Review; 2016-2018,'' dated
October 8, 2019.
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Scope of the Order
The product covered by the scope of the order is CTL plate from
Austria. For a complete description of the scope of the order, see the
Issues and Decision Memorandum.\7\
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\7\ See Issues and Decision Memorandum at 2-7.
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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. The Issues and 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,
and to all parties in the Central Records Unit, room B8024, of the main
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/index.html. The signed and the electronic versions of the Issues
and Decision Memorandum are identical in content.
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 for voestalpine.\8\
Specifically, we applied a level of trade (LOT) adjustment to
voestalpine's normal value (NV) only where export price (EP) sales were
made at a different LOT than home-market sales, and we applied a
constructed export price (CEP) offset to NV for comparisons to all CEP
sales.
[[Page 68107]]
Furthermore, we made certain adjustments to voestalpine's selling and
financial expenses.
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\8\ See Issues and Decision Memorandum at 7-9; see also
voestalpine Final Analysis Memorandum.
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Final Results of the Administrative Review
As a result of this review, Commerce determines that the following
weighted-average dumping margin exists for the period November 14, 2016
through April 30, 2018:
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Weighted-average
Exporter/producer dumping margin
(percent)
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voestalpine Bohler Edelstahl GmbH & Co KG.......... 41.19
voestalpine Bohler Bleche GmbH & Co KG............. ...................
voestalpine High Performance Metals International ...................
GmbH..............................................
voestalpine Grobblech GmbH......................... ...................
voestalpine Steel & Service Center GmbH............
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Disclosure of Calculations
We intend to disclose the calculations performed for these final
results within five days of the date of publication of this notice to
parties in this proceeding, 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 U.S. Customs and Border
Protections (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review. We will calculate importer-specific assessment rates on
the basis of the ratio of the total amount of antidumping duties
calculated for each importer's examined sales and the total entered
value of the sales in accordance with 19 CFR 351.212(b)(1).
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by voestalpine for which
voestalpine did not know that the merchandise it 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.\9\
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\9\ 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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We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
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) of the Act: (1) The cash deposit rate for voestalpine will be
equal to the weighted-average dumping margin established in the final
results of this review; (2) for merchandise exported by companies not
covered in this review but covered in a prior segment of this
proceeding, the cash deposit will continue to be the company-specific
rate published for the most recently completed segment of this
proceeding in which the company participated; (3) if the exporter is
not a firm covered in this review or the original investigation, but
the producer is, then the cash deposit rate will be the rate
established for the most recently completed segment for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 28.57 percent, the all-
others rate established in the less-than-fair-value investigation.\10\
These cash 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: Final Determination of Sales at Less Than Fair Value and
Final Affirmative Determination of Critical Circumstances, 82 FR
16366 (April 4, 2017), revised in Certain Carbon and Alloy Steel
Cut-to-Length Plate From Austria: Notice of Court Decision Not in
Harmony With Final Determination in Less Than Fair Value
Investigation and Notice of Amended Final Determination and Order
Pursuant to Court Decision, 84 FR 7344 (March 4, 2019).
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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 Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order (APO)
This notice serves as the only reminder to parties subject to 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 issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: December 9, 2019.
Jeffrey I. Kessler,
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 From the Preliminary Results
V. Discussion of the Issues
Comment 1: LOT Adjustments and CEP Offsets
Comment 2: Revisions to Selling Expenses and Financial Expenses
Comment 3: Major-Input Adjustment
VI. Recommendation
[FR Doc. 2019-26948 Filed 12-12-19; 8:45 am]
BILLING CODE 3510-DS-P