[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Notices]
[Pages 71896-71897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28033]
[[Page 71896]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-865]
Certain Hot-Rolled Carbon Steel Flat Products From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that all companies subject to this administrative review of the
antidumping duty (AD) order on certain hot-rolled carbon steel flat
products (hot-rolled steel) from the People's Republic of China (China)
are part of the China-wide entity because none filed a separate rate
application (SRA) or separate rate certification (SRC). The period of
review (POR) is November 1, 2017 through October 31, 2018. We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 30, 2019.
FOR FURTHER INFORMATION CONTACT: Matthew Renkey, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2312.
SUPPLEMENTARY INFORMATION:
Background
On November 29, 2001, Commerce published in the Federal Register an
antidumping duty order on hot-rolled steel from China.\1\ On November
30, 2018, Nucor Corporation (Nucor) submitted a request for an
administrative review of multiple companies.\2\ On February 6, 2019,
Commerce published a notice of initiation of an administrative review
of the AD order on hot-rolled steel from China covering the period
November 1, 2017 to October 31, 2018.\3\
---------------------------------------------------------------------------
\1\ See Notice of the Antidumping Duty Order: Certain Hot-Rolled
Carbon Steel Flat Products from the People's Republic of China, 66
FR 59561 (November 29, 2001) (Order).
\2\ See Nucor's Letter, ``Certain Hot-Rolled Carbon Steel Flat
Products from the People's Republic of China: Request for
Administrative Review,'' dated November 30, 2018. Because no party
is challenging the prior collapsing determination, we continue to
collapse Baosteel Group Corporation, Shanghai Baosteel International
Economic & Trading Co., Ltd., and Baoshan Iron and Steel Co., Ltd.
(collectively, Baosteel). See Certain Hot-Rolled Carbon Steel Flat
Products from the People's Republic of China: Final No Shipments
Determination of Antidumping Duty Administrative Review; 2012-2013;
79 FR 67415 (November 13, 2014).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 2159 (February 6, 2019).
---------------------------------------------------------------------------
Scope of the Order
The products covered by the order are hot-rolled steel from China.
For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2017-2018 Antidumping Duty Administrative Review:
Certain Hot-Rolled Carbon Steel Flat Products from the People's
Republic of China,'' issued concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act), and 19
CFR 351.213. 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 http://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 Preliminary Decision Memorandum can
be accessed at http://enforcement.trade.gov/frn/. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
None of the companies subject to this review filed a SRA or SRC, or
made a claim of no shipments. Thus, Commerce preliminarily determines
that these companies have not demonstrated their eligibility for
separate rate status. As such, Commerce preliminarily determines that
the companies subject to review are part of the China-wide entity.
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\5\ Accordingly, the non-
market economy (NME) entity will not be under review unless Commerce
specifically receives a request for, or self-initiates, a review of the
NME entity.\6\ Because no party requested a review of the China-wide
entity, and we have not self-initiated a review of the China-wide
entity, the entity is not under review, and the entity's rate is not
subject to change. Accordingly, the pre-existing China-wide rate of
90.83 percent will apply to the entity's entries of subject merchandise
into the United States during the POR.
---------------------------------------------------------------------------
\5\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\6\ In accordance with 19 CFR 351.213(b)(1), parties should
specify that they are requesting a review of entries from exporters
comprising the entity, and to the extent possible, include the names
of such exporters in their request.
---------------------------------------------------------------------------
In addition, Nucor submitted comments and information in support of
its assertion that the data from U.S. Customs and Border Protection
(CBP) released by Commerce for respondent selection purposes may be
incomplete due to the failure of importers to properly report entries
of subject merchandise as ``Type 03'' entries in order to avoid paying
antidumping duties.\7\ As explained in further detail in the
Preliminary Decision Memorandum, Commerce intends to refer the matter
of potential misclassification and fraud to CBP.
---------------------------------------------------------------------------
\7\ See Nucor's Letter, ``Certain Hot-Rolled Carbon Steel Flat
Products from the People's Republic of China: Comments on CBP Data
and Respondent Selection,'' dated April 25, 2019.
---------------------------------------------------------------------------
Public Comment
Interested parties are invited to comment on these preliminary
results and may submit case briefs and/or written comments, filed
electronically via ACCESS, within 30 days after the date of publication
of these preliminary results of review.\8\ Rebuttal briefs, limited to
issues raised in the case briefs, must be filed within five days after
the time limit for filing case briefs.\9\ Parties who submit case or
rebuttal briefs in this proceeding are requested to submit with each
argument a statement of the issue, a brief summary of the argument, and
a table of authorities.\10\
---------------------------------------------------------------------------
\8\ See 19 CFR 351.309(c)(1)(ii).
\9\ See 19 CFR 351.309(d)(1) and (2).
\10\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to Commerce within
30 days of the date of publication of this notice.\11\ 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 those raised in the
respective case and rebuttal briefs. If a request for a hearing
[[Page 71897]]
is made, parties will be notified of the time and date for the hearing
to be held at the U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230.\12\
---------------------------------------------------------------------------
\11\ See 19 CFR 351.310(c).
\12\ See 19 CFR 310(d).
---------------------------------------------------------------------------
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, which will include the results
of our analysis of all issues raised in the case briefs, within 120
days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP shall assess, antidumping duties on all appropriate
entries of subject merchandise covered by this review.\13\ We intend to
instruct CBP to liquidate entries containing subject merchandise
exported by the companies under review that we determine in the final
results to be part of the China-wide entity at the China-wide entity
rate of 90.83 percent. Commerce intends to issue assessment
instructions to CBP 15 days after the date of publication of this
notice in the Federal Register.\14\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.212(b)(1).
\14\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For companies that have a
separate rate, the cash deposit rate will be that established in the
final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed Chinese and non-Chinese exporters that
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the existing exporter-specific
rate; (3) for all Chinese exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be that for the China-wide entity (i.e., 90.83 percent); and (4)
for all non-Chinese exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the Chinese exporter that supplied that non-Chinese
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice also serves as a reminder to importers of their
responsibility under 19 CFR 315.402(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) of the Act, and 19 CFR
351.213.
Dated: December 19, 2019.
Jeffrey I. Kessler,
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. Discussion of the Methodology
V. Recommendation
[FR Doc. 2019-28033 Filed 12-27-19; 8:45 am]
BILLING CODE 3510-DS-P