[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Notices]
[Pages 79662-79664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31345]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-808]
Stainless Steel Plate in Coils From Belgium: Final Results of
Antidumping Duty Administrative Review; 2011-2012
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, U.S. Department of Commerce.
SUMMARY: On June 10, 2013, 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, 2011, through April 30, 2012.
---------------------------------------------------------------------------
\1\ See Stainless Steel Plate in Coils From Belgium: Preliminary
Results of Antidumping Duty Administrative Review; 2011-2012, 78 FR
34644 (June 10, 2013) (Preliminary Results).
---------------------------------------------------------------------------
Based on our analysis of the comments received, we determined that
ASB made sales at less than normal value. For the final weighted-
average dumping margin, see the ``Final Results of Review'' section
below.
DATES: Effective Date: December 31, 2013.
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 10, 2013, the Department published in the Federal Register
the Preliminary Results. We invited interested parties to comment on
the Preliminary Results. On July 10, 2013, the Department received a
case brief from ASB. On July 18, 2013, the Department received a
rebuttal brief from the petitioners.\2\ No party requested a hearing.
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department exercised its discretion to
toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\3\ Therefore, all
deadlines in this segment of the proceeding were extended by 16 days.
If the new deadline falls on a non-business day, in accordance with the
Department's practice, the deadline will become the next business day.
Pursuant to the Tolling Memorandum, on October 21, 2013, the Department
issued a memorandum extending the time period for issuing the final
results to October 24, 2013.\4\
---------------------------------------------------------------------------
\3\ See Memorandum for the Record from Paul Piquado, Assistant
Secretary for Enforcement and Compliance, ``Deadlines Affected by
the Shutdown of the Federal Government'' (Tolling Memorandum), dated
October 18, 2013.
\4\ See Memorandum to Eric Greynolds, Program Manager,
Antidumping and Duty Operations, Office 8, from Jolanta Lawska,
Trade Analyst, Antidumping and Countervailing Duty Operations,
Office 8 regarding extension of deadline for final results dated
October 21, 2013.
---------------------------------------------------------------------------
On October 23, 2013, the Department issued a memorandum extending
the time period for issuing the final results of this administrative
review from October 24, 2013 to November 25, 2013.\5\ On November 22,
2013, the Department issued a memorandum extending the time period for
issuing the final results of this administrative review from November
25, 2013, to December 10, 2013.\6\ On December 9, 2013, the Department
issued a memorandum extending the time period for issuing the final
results of this administrative review from December 10, 2013, to
December 23, 2013.\7\
---------------------------------------------------------------------------
\5\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary, for Antidumping and Countervailing Duty Operations,
through Melissa Skinner, Director, Office III Antidumping and
Countervailing Duty Operations from Eric Greynolds, Program Manager,
Office III Antidumping and Countervailing Duty Operations regarding
Stainless Steel Plate in Coils from Belgium: Extension of Time Limit
for Final Results of Antidumping Duty Administrative Review; 2011-
2012 (October 22, 2013).
\6\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary, for Antidumping and Countervailing Duty Operations,
through Melissa Skinner, Director, Office III Antidumping and
Countervailing Duty Operations from Eric Greynolds, Program Manager,
Office III Antidumping and Countervailing Duty Operations regarding
Stainless Steel Plate in Coils from Belgium: Extension of Time Limit
for Final Results of Antidumping Duty Administrative Review; 2011-
2012 (November 22, 2013).
\7\ See Memorandum to Christian Marsh, Deputy Assistant
Secretary, for Antidumping and Countervailing Duty Operations,
through Melissa Skinner, Director, Office III Antidumping and
Countervailing Duty Operations from Eric Greynolds, Program Manager,
Office III Antidumping and Countervailing Duty Operations regarding
Stainless Steel Plate in Coils from Belgium: Extension of Time Limit
for Final Results of Antidumping Duty Administrative Review; 2011-
2012 (December 9, 2013)
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the Order \8\ 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. The product is currently classified under the
[[Page 79663]]
Harmonized Tariff Schedule of the United States (HTSUS) item numbers
7219.11.00.30, 7219.11.00.60, 7219.12.00.02, 7219.12.00.06,
7219.12.00.21, 7219.12.00.26, 7219.12.00.51, 7219.12.00.56,
7219.12.00.66, 7219.12.00.71, 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, 7220.90.00.60 and 7220.90.00.80. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written product description remains dispositive.\9\
---------------------------------------------------------------------------
\8\ See Antidumping Duty Orders; Certain Stainless Steel Plate
in Coils From Belgium, Canada, Italy, the Republic of Korea, South
Africa, and Taiwan, 64 FR 27756 (May 21, 1999); Notice of Amended
Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From
Belgium, Canada, Italy, the Republic of Korea, South Africa, and
Taiwan, 68 FR 11520 (March 11, 2003); Notice of Amended Antidumping
Duty Orders; Certain Stainless Steel Plate in Coils From Belgium,
Canada, Italy, the Republic of Korea, South Africa, and Taiwan, 68
FR 16117 (April 2, 2003); Notice of Correction to the Amended
Antidumping Duty Orders; Certain Stainless Steel Plate in Coils From
Belgium, Canada, Italy, the Republic of Korea, South Africa, and
Taiwan, 68 FR 20114 (April 24, 2003) (collectively, Antidumping
Order).
\9\ For a full description of the scope of the order, see the
Issues and Decision Memorandum for the Final Results of the
Antidumping Duty Administrative Review of Stainless Steel Plate in
Coils from Belgium; 2011-2012 from Christian Marsh, Deputy Assistant
Secretary for Antidumping and Countervailing Duty Operations, to
Paul Piquado, Assistant Secretary for Enforcement and Compliance,
dated concurrent with and hereby adopted by this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the Issues and Decision
Memorandum.
The Issues and Decision Memorandum is a public document and is on
file in the Central Records Unit (CRU), room 7046 of the main
Department of Commerce building, as well as electronically via
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/index.html. The signed Issues and Decision
Memorandum and the electronic versions of the Issues and Decision
Memorandum are identical in content.
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, 2011,
through April 30, 2012:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/exporter dumping
margin
------------------------------------------------------------------------
Aperam Stainless Belgium N.V............................... 0.63%
------------------------------------------------------------------------
Assessment Rates
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.\10\ 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.
---------------------------------------------------------------------------
\10\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003)
(Assessment Policy Notice).
---------------------------------------------------------------------------
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 Tariff Act
of 1930, as amended (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.\11\ These deposit rates, when imposed, shall remain in
effect until further notice.
---------------------------------------------------------------------------
\11\ 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).
---------------------------------------------------------------------------
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.\12\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.402(f)(3).
---------------------------------------------------------------------------
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.
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
351.213(h).
[[Page 79664]]
Dated: December 23, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Comments in the Accompanying Issues and Decision
Memorandum
Comment 1: Withdrawal of the Regulatory Provisions Governing
Targeted Dumping in Less-Than-Fair-Value Investigations
Comment 2: Use of the Average-to-Average Comparison Method in
Administrative Reviews
Comment 3: Use of an Alternative Comparison Method in Administrative
Reviews
Comment 4: Denial of Offsets with the Average-to-Transaction
Comparison Method
Comment 5: Differential Pricing Analysis
[FR Doc. 2013-31345 Filed 12-30-13; 8:45 am]
BILLING CODE 3510-DS-P