[Federal Register Volume 79, Number 122 (Wednesday, June 25, 2014)]
[Notices]
[Pages 36001-36003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14911]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-808]
Stainless Steel Plate in Coils From Belgium: Preliminary Results
of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective: June 25, 2014.
SUMMARY: The Department of Commerce (Department) is currently
conducting an administrative review of the antidumping duty order on
stainless steel plate in coils (steel plate) from Belgium, covering the
period of review (POR) May 1, 2012, through April 30, 2013. This review
covers one producer/exporter of the subject merchandise, Aperam
Stainless Belgium N.V. (ASB). We preliminarily determine that, during
the POR, ASB and its affiliate, Aperam Stainless Services and Solutions
USA (Aperam USA) made U.S. sales that were below normal value. We
invite interested parties to comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: Jolanta Lawska or Cindy Robinson, 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; telephone: (202) 482-
8362 or (202) 482-3797, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The product covered by the Order \1\ 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.\2\ 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,
[[Page 36002]]
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.
---------------------------------------------------------------------------
\1\ 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) (Order).
\2\ 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 Ronald K.
Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, titled ``Stainless Steel Plate in Coils from Belgium:
Decision Memorandum for the Preliminary Results of Antidumping Duty
Administrative Review; 2012-2013,'' dated concurrently with and
hereby adopted by this notice (Preliminary Decision Memorandum).
---------------------------------------------------------------------------
Methodology
The Department conducted this review in accordance with section
751(a)(2) of the Tariff Act of 1930, as amended (the Act). Constructed
export price (CEP) is calculated in accordance with section 772 of the
Act. Normal Value (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. 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 (IA ACCESS). IA ACCESS is
available to registered users at http://iaaccess.trade.gov and in the
Central Records Unit, Room 7046 of the main Department of Commerce
building. In addition, a complete version of the Preliminary Decision
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that a
weighted-average dumping margin of 1.53 percent exists for ASB for the
period May 1, 2012, through April 30, 2013.
Disclosure and Public Comment
The Department intends to disclose to parties to this proceeding
the calculations performed in reaching the preliminary results within
five days after the date of publication of these preliminary
results.\3\ Interested parties may submit written comments (case
briefs) no later than 30 days after the date of publication of the
preliminary results and rebuttal comments (rebuttal briefs) no later
than five days after the time limit for filing case briefs.\4\ Pursuant
to 19 CFR 351.309(d)(2), rebuttal briefs must be limited to issues
raised in the case briefs. Parties who submit arguments are requested
to submit with the argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities. All briefs
must be filed electronically using IA ACCESS. An electronically filed
document must be received successfully in its entirety by the
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern
Time on the date the document is due.
---------------------------------------------------------------------------
\3\ See 19 CFR 351.224(b).
\4\ See 19 CFR 351.309(c)(1)(ii) and (d)(1).
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via IA ACCESS. An electronically filed
document must be received successfully in its entirety by the
Department's electronic records system, IA ACCESS, by 5 p.m. Eastern
Time within 30 days after the date of publication of this notice.
Requests should contain the party's name, address, and telephone
number, the number of participants, and a list of the issues to be
discussed. Oral presentations will be limited to issues raised in the
case and rebuttal briefs. If a request for a hearing is made, parties
will be notified of the date and time for the hearing to be held at the
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230.\5\
---------------------------------------------------------------------------
\5\ See 19 CFR 351.310.
---------------------------------------------------------------------------
The Department will issue the final results of this administrative
review, including the results of our analysis of the issues raised by
the parties in their comments, within 120 days after the publication of
these preliminary results, in accordance with section 751(a)(3)(A) of
the Act and 19 CFR 351.213(h)(1).
Assessment Rate
In accordance with 19 CFR 351.212(b), upon issuance of the final
results of the review, the Department shall determine, and U.S. Customs
and Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries covered by this review. If ASB's weighted-average
dumping margin is above de minimis, we will calculate 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 when the importer-specific
assessment rate calculated in the final results of this review is above
de minimis (i.e., 0.50 percent). Where either the respondent's
weighted-average dumping margin is zero or de minimis, or an importer-
specific assessment rate is zero or de minimis, we will instruct CBP to
liquidate the appropriate entries without regard to antidumping duties.
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.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. This clarification will apply to entries of subject
merchandise during the POR produced by each respondent for which they
did not know that their 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 Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
We intend to issue instructions to CBP 15 days after the date of
publication of the final results of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the notice of final results of administrative review for
all shipments of subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication 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 ASB will be the
rate established in the final results of this administrative review;
(2) for merchandise exported by manufacturers or exporters not covered
in this administrative review but covered in a prior segment of the
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or the original
investigation, but the manufacturer is, the cash deposit rate will be
the rate established for the most recent period for the manufacturer of
the merchandise; and (4) the cash deposit rate for all other
manufacturers or exporters will continue to be 8.54 percent, the all-
others rate established
[[Page 36003]]
in the investigation.\6\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
---------------------------------------------------------------------------
\6\ Implementation of the Findings of the WTO Panel in US--
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).
---------------------------------------------------------------------------
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 the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
These preliminary 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)(1).
Dated: June 18, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
Summary
Background
Scope of the Order
Discussion of Methodology
Comparisons to Normal Value
Product Comparisons
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
Date of Sale
Constructed Export Price
Normal Value
A. Home Market Viability
B. Level of Trade
C. Cost of Production
1. Calculation of Cost of Production
2. Test of Home Market Prices
3. Results of COP Test
D. Calculation of NV Based on Comparison Market Prices
E. Calculation of NV Based On Constructed Value
Currency Conversion
Recommendation
[FR Doc. 2014-14911 Filed 6-24-14; 8:45 am]
BILLING CODE 3510-DS-P