83 FR 56817 - Certain Hot-Rolled Steel Flat Products From Australia: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 220 (November 14, 2018)
International Trade Administration
Federal Register Volume 83, Issue 220 (November 14, 2018)
| Page Range | 56817-56819 | |
| FR Document | 2018-24793 |
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)] [Notices] [Pages 56817-56819] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24793] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-602-809] Certain Hot-Rolled Steel Flat Products From Australia: Preliminary Results of Antidumping Duty Administrative Review; 2016- 2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that sales of certain hot-rolled steel flat products from Australia were made at less than normal value during the period of review (POR), March 22, 2016, through September 30, 2017. We invite interested parties to comment on these preliminary results. DATES: Applicable November 14, 2018. FOR FURTHER INFORMATION CONTACT: Amanda Brings, 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) 482-3927. SUPPLEMENTARY INFORMATION: Background On December 7, 2017, Commerce initiated the antidumping duty administrative review on certain hot-rolled steel flat products from Australia.\1\ This review covers one producer/exporter of the subject merchandise, the collapsed entity BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and BlueScope Steel Distribution Pty Ltd. (collectively, [[Page 56818]] BlueScope).\2\ For a detailed description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum, dated concurrently with these preliminary results and hereby adopted by this notice.\3\ --------------------------------------------------------------------------- \1\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 57705 (December 7, 2017). \2\ In the investigation, Commerce found that BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and BlueScope Steel Distribution Pty Ltd. (collectively, BlueScope) are a single entity and, because there were no changes to the facts which supported that decision since that determination was made, we continue to find that these companies are a single entity for this administrative review. See Certain Hot-Rolled Steel Flat Products from Australia: Final Determination of Sales at Less Than Fair Value, 81 FR 53406, 53407 (August 12, 2016). \3\ See Memorandum, ``Decision Memorandum for the Preliminary Results of Antidumping Duty Administrative Review: Certain Hot- Rolled Steel Flat Products from Australia; 2016-2017,'' dated concurrently with this notice (Preliminary Decision Memorandum). --------------------------------------------------------------------------- Scope of the Order The product covered by this review is certain hot-rolled steel flat products from Australia. For a full description of the scope, see the Preliminary Decision Memorandum. Methodology Commerce is conducting this review in accordance with section 751(a)(1)(B) and (a)(2) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our administrative review preliminary results, see the Preliminary Decision Memorandum. A list of the topics included in the Preliminary Decision Memorandum is included as an appendix to this notice. 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 Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. Adverse Facts Available Because mandatory respondent BlueScope has failed to provide requested information and has failed to cooperate by not acting to the best of its ability to comply with the requests for information from Commerce in this review, we preliminarily determine to apply facts otherwise available with an adverse inference (AFA) to this respondent, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For a complete explanation of the analysis underlying the preliminary application of AFA, see the Preliminary Decision Memorandum. Preliminary Results of Review We preliminarily determine that, for the period of March 22, 2016, through September 30, 2017, the following dumping margin exists: ------------------------------------------------------------------------ Dumping Exporter/producer margin (percent) ------------------------------------------------------------------------ BlueScope Steel Ltd., BlueScope Steel (AIS) Pty Ltd., and 99.20 BlueScope Steel Distribution Pty Ltd....................... ------------------------------------------------------------------------ Disclosure and Public Comment Normally, Commerce discloses to interested parties the calculations performed in connection with the preliminary results within five days of the date of publication of the notice of preliminary results in the Federal Register, in accordance with 19 CFR 351.224(b). However, because Commerce preliminarily applied AFA to BlueScope, the only individually examined company in this administrative review, in accordance with section 776 of the Act, there are no calculations to disclose. Interested parties may submit case briefs to Commerce no later than 30 days after the date of publication of this notice.\4\ Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.\5\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities. Case and rebuttal briefs should be filed using ACCESS.\6\ --------------------------------------------------------------------------- \4\ See 19 CFR 351.309(c)(1)(ii). \5\ See 19 CFR 351.309(d). \6\ See 19 CFR 351.303. --------------------------------------------------------------------------- Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Standard Time within 30 days after the date of publication of this notice. Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; (3) whether any participant is a foreign national; and (4) a list of issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, Commerce intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230, at a time and date to be determined.\7\ Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. --------------------------------------------------------------------------- \7\ See 19 CFR 351.310(c). --------------------------------------------------------------------------- All submissions, with limited exceptions, must be filed electronically using ACCESS.\8\ An electronically filed document must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Time, on the due dates established above (or, where applicable, to be established by Commerce at a later date). Documents excepted from the electronic submission requirements must be filed manually, (i.e., in paper form) with the APO/Dockets Unit in Room 18022 and stamped with the date and time of receipt by on the due date.\9\ --------------------------------------------------------------------------- \8\ See 19 CFR 351.303. \9\ Id. --------------------------------------------------------------------------- Commerce intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless the deadline is extended.\10\ --------------------------------------------------------------------------- \10\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h). --------------------------------------------------------------------------- Assessment Rates Upon issuance of the final results, Commerce shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review.\11\ 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.\12\ We intend to issue instructions to CBP 15 days after the date of publication of the final results of this review. --------------------------------------------------------------------------- \11\ See 19 CFR 351.212(b). \12\ See section 751(a)(2)(C) of the Act. --------------------------------------------------------------------------- Cash Deposit Requirements The following 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 [[Page 56819]] administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for BlueScope will be the rate established in the final results of this review; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recently-completed segment of this proceeding in which the company was reviewed; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently-completed segment of this proceeding for the manufacturer of subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 29.58 percent, the all-others rate established in the LTFV investigation.\13\ These cash deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \13\ See Antidumping Duty Order. --------------------------------------------------------------------------- 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 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 doubled antidumping duties. The 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 351.221(b)(4). Dated: November 1, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Use of Facts Otherwise Available and Adverse Inferences V. Conclusion [FR Doc. 2018-24793 Filed 11-13-18; 8:45 am] BILLING CODE 3510-DS-P
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a cash deposit for such entries of of liquidation, as discussed above in the not limited to coating, painting, notching,
merchandise equal to the estimated ‘‘Continuation of Suspension of beveling, cutting, punching, welding, or any
weighted-average dumping margin or Liquidation’’ section. other processing that would not otherwise
remove the merchandise from the scope of
the estimated all-others rate, as follows:
Notification Regarding Administrative the investigation if performed in the country
(1) The rate for the exporters listed in of manufacture of the in-scope large diameter
Protective Orders
the chart above will be the rate we have welded pipe.
determined in this final determination; This notice will serve as a reminder The large diameter welded pipe that is
(2) for all Chinese exporters of subject to parties subject to an administrative subject to this investigation is currently
merchandise which have not received protective order (APO) of their classifiable in the Harmonized Tariff
their own rate, the cash-deposit rate will responsibility concerning the Schedule of the United States (HTSUS) under
be the China-wide rate; and (3) for all disposition of propriety information subheadings 7305.11.1030, 7305.11.1060,
disclosed under APO in accordance 7305.11.5000, 7305.12.1030, 7305.12.1060,
non-Chinese exporters of subject
7305.12.5000, 7305.19.1030, 7305.19.1060,
merchandise which have not received with 19 CFR 351.305(a)(3). Timely
7305.19.5000, 7305.31.4000, 7305.31.6010,
their own rate, the cash-deposit rate will written notification of return or 7305.31.6090, 7305.39.1000 and
be the rate applicable to the Chinese destruction of APO materials, or 7305.39.5000. While the HTSUS subheadings
exporter/producer combination that conversion to judicial protective order, are provided for convenience and customs
supplied that non-Chinese exporter. is hereby requested. Failure to comply purposes, the written description of the
These suspension-of-liquidation with the regulations and terms of an scope of this investigation is dispositive.
instructions will remain in effect until APO is a sanctionable violation. [FR Doc. 2018–24807 Filed 11–13–18; 8:45 am]
further notice. Additionally, Commerce BILLING CODE 3510–DS–P
Notification to Interested Parties
is making no adjustments for export
subsidies to the antidumping cash This determination is issued and
deposit rate in this investigation published in accordance with sections DEPARTMENT OF COMMERCE
because we have made no findings in 735(d) and 777(i)(1) of the Act and 19
the companion countervailing duty CFR 351.210(c). International Trade Administration
investigation that any of the programs Dated: November 5, 2018. [A–602–809]
are export subsidies. Gary Taverman,
Disclosure Deputy Assistant Secretary for Antidumping Certain Hot-Rolled Steel Flat Products
and Countervailing Duty Operations, From Australia: Preliminary Results of
The estimated weighted-average performing the non-exclusive functions and Antidumping Duty Administrative
dumping margin assigned to the China- duties of the Assistant Secretary for Review; 2016–2017
wide entity in this investigation is based Enforcement and Compliance.
on AFA. As the margin is based on the AGENCY: Enforcement and Compliance,
rate calculated in the Petition, and Appendix International Trade Administration,
because we made no changes to this Scope of the Investigation Department of Commerce.
margin since the Preliminary The merchandise covered by this SUMMARY: The Department of Commerce
Determination, there are no calculations investigation is welded carbon and alloy steel (Commerce) preliminarily determines
to disclose for this final determination. pipe (including stainless steel pipe), more that sales of certain hot-rolled steel flat
than 406.4 mm (16 inches) in nominal products from Australia were made at
International Trade Commission
outside diameter (large diameter welded less than normal value during the
Notification pipe), regardless of wall thickness, length, period of review (POR), March 22, 2016,
In accordance with section 735(d) of surface finish, grade, end finish, or through September 30, 2017. We invite
the Act, we will notify the International stenciling. Large diameter welded pipe may interested parties to comment on these
Trade Commission (ITC) of the final be used to transport oil, gas, slurry, steam, or
other fluids, liquids, or gases. It may also be
preliminary results.
affirmative determination of sales at DATES: Applicable November 14, 2018.
used for structural purposes, including, but
LTFV. Because Commerce’s final
not limited to, piling. Specifically, not FOR FURTHER INFORMATION CONTACT:
determination is affirmative, in included is large diameter welded pipe Amanda Brings, AD/CVD Operations,
accordance with section 735(b)(2) of the produced only to specifications of the Office V, Enforcement and Compliance,
Act, the ITC will make its final American Water Works Association (AWWA) International Trade Administration,
determination as to whether the for water and sewage pipe.
U.S. Department of Commerce, 1401
domestic industry in the United States Large diameter welded pipe used to
transport oil, gas, or natural gas liquids is Constitution Avenue NW, Washington,
is materially injured, or threatened with
normally produced to the American DC 20230; telephone: (202) 482–3927.
material injury, by reason of imports or
sales (or the likelihood of sales) for Petroleum Institute (API) specification 5L. SUPPLEMENTARY INFORMATION:
importation of large diameter welded Large diameter welded pipe may also be
produced to American Society for Testing Background
pipe, no later than 45 days after this and Materials (ASTM) standards A500, A252, On December 7, 2017, Commerce
final determination. If the ITC or A53, or other relevant domestic initiated the antidumping duty
determines that such injury does not specifications, grades and/or standards. Large administrative review on certain hot-
exist, this proceeding will be diameter welded pipe can be produced to rolled steel flat products from
terminated, and all cash deposits posted comparable foreign specifications, grades
and/or standards or to proprietary
Australia.1 This review covers one
will be refunded. If the ITC determines
specifications, grades and/or standards, or producer/exporter of the subject
that such injury does exist, Commerce
can be non-graded material. All pipe meeting merchandise, the collapsed entity
will issue an antidumping duty order
the physical description set forth above is BlueScope Steel Ltd., BlueScope Steel
directing CBP to assess, upon further
covered by the scope of this investigation, (AIS) Pty Ltd., and BlueScope Steel
instruction by Commerce, antidumping whether or not produced according to a Distribution Pty Ltd. (collectively,
duties on all imports of the subject particular standard.
merchandise entered, or withdrawn Subject merchandise also includes large 1 See Initiation of Antidumping and
from warehouse, for consumption on or diameter welded pipe that has been further Countervailing Duty Administrative Reviews, 82 FR
after the effective date of the suspension processed in a third country, including but 57705 (December 7, 2017).
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![Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices 56819
administrative review, as provided by DEPARTMENT OF COMMERCE Suzanne Lam at (202) 482–0783, AD/
section 751(a)(2)(C) of the Act: (1) The CVD Operations, Office VIII,
cash deposit rate for BlueScope will be International Trade Administration Enforcement and Compliance,
the rate established in the final results International Trade Administration,
of this review; (2) for previously Correction To Notice of Opportunity To U.S. Department of Commerce, 1401
reviewed or investigated companies not Request Administrative Review Constitution Avenue NW, Washington,
participating in this review, the cash AGENCY: Enforcement and Compliance, DC 20230.
deposit rate will continue to be the International Trade Administration, SUPPLEMENTARY INFORMATION:
company-specific rate published for the Department of Commerce. Background
most recently-completed segment of this
FOR FURTHER INFORMATION CONTACT: On June 29, 2018, Commerce
proceeding in which the company was
Brenda E. Brown, Office of AD/CVD published in the Federal Register its
reviewed; (3) if the exporter is not a firm
Operations, Customs Liaison Unit, affirmative Preliminary Determination
covered in this review, a prior review,
Enforcement and Compliance, of this countervailing duty (CVD)
or the less-than-fair value (LTFV)
International Trade Administration, investigation and invited interested
investigation, but the manufacturer is,
U.S. Department of Commerce, 1401 parties to comment.1 A summary of the
the cash deposit rate will be the rate
Constitution Avenue NW, Washington, events that occurred since Commerce
established for the most recently-
DC 20230, telephone: (202) 482–4735. published the Preliminary
completed segment of this proceeding
for the manufacturer of subject SUPPLEMENTARY INFORMATION: On Determination, as well as a full
merchandise; and (4) the cash deposit November 1, 2018, the Department of discussion of the issues raised by parties
rate for all other manufacturers or Commerce (‘‘Commerce’’) published its for this final determination, may be
exporters will continue to be 29.58 opportunity to request administrative found in the Issues and Decision
percent, the all-others rate established review of the antidumping duty orders Memorandum issued concurrently with
in the LTFV investigation.13 These cash for November 2018 anniversary cases. this notice.2 The Issues and Decision
deposit requirements, when imposed, Commerce inadvertently stated parties Memorandum is a public document and
shall remain in effect until further may request an administrative review is on file electronically via Enforcement
notice. not later than the last day of October and Compliance’s Antidumping and
2018. The last day to submit a request Countervailing Duty Centralized
Notification to Importers review request for November cases is Electronic Service System (ACCESS).
the last day of November 2018. See ACCESS is available to registered users
This notice serves as a preliminary Antidumping or Countervailing Duty at http://access.trade.gov, and is
reminder to importers of their Order, Finding, or Suspended available to all parties in the Central
responsibility under 19 CFR Investigation; Opportunity to Request Records Unit, Room B8024 of the main
351.402(f)(2) to file a certificate Administrative Review, 83 FR 54912 Department of Commerce building. In
regarding the reimbursement of (November 1, 2018). This notice serves addition, a complete version of the
antidumping duties prior to liquidation as a correction notice. Issues and Decision Memorandum can
of the relevant entries during this POR. be accessed directly at http://
Failure to comply with this requirement Dated: November 7, 2018.
enforcement.trade.gov/frn/. The signed
could result in the Secretary’s James Maeder,
and electronic versions of the Issues and
presumption that reimbursement of Associate Deputy Assistant Secretary for Decision Memorandum are identical in
antidumping duties occurred and the Antidumping and Countervailing Duty
Operations performing the duties of Deputy
content.
subsequent assessment of doubled
antidumping duties. Assistant Secretary for Antidumping and Period of Investigation
Countervailing Duty Operations.
The preliminary results of review are The period of investigation is January
[FR Doc. 2018–24792 Filed 11–13–18; 8:45 am]
issued and published in accordance 1, 2017, through December 31, 2017.
BILLING CODE 3510–DS–P
with sections 751(a)(1) and 777(i)(1) of Scope of the Investigation
the Act, and 19 CFR 351.221(b)(4).
The product covered by this
Dated: November 1, 2018. DEPARTMENT OF COMMERCE investigation is large diameter welded
James Maeder, pipe from India. For a full description
International Trade Administration
Associate Deputy Assistant Secretary for of the scope of this investigation, see the
Antidumping and Countervailing Duty [C–533–882] ‘‘Scope of the Investigation’’ in
Operations performing the duties of Deputy Appendix I of this notice.
Assistant Secretary for Antidumping and Large Diameter Welded Pipe From
Countervailing Duty Operations. India: Final Affirmative Countervailing Scope Comments
Duty Determination During the course of this investigation
Appendix
and the concurrent LTFV investigations
List of Topics Discussed in the Preliminary AGENCY: Enforcement and Compliance,
Decision Memorandum International Trade Administration, 1 See Large Diameter Welded Pipe from India:
I. Summary Department of Commerce. Preliminary Affirmative Countervailing Duty
Determination and Alignment of Final
II. Background SUMMARY: The Department of Commerce
Determination with Final Antidumping Duty
III. Scope of the Order (Commerce) determines that Determination, 83 FR 30690 (June 29, 2018)
IV. Use of Facts Otherwise Available and countervailable subsidies are being (Preliminary Determination) and accompanying
Adverse Inferences provided to producers/exporters of large Preliminary Decision Memorandum.
2 See Memorandum, ‘‘Issues and Decision
V. Conclusion diameter welded pipe welded pipe from Memorandum for the Final Affirmative
[FR Doc. 2018–24793 Filed 11–13–18; 8:45 am] India. Determination of the Countervailing Duty
BILLING CODE 3510–DS–P DATES: Applicable November 14, 2018. Investigation of Large Diameter Welded Pipe from
India’’ (Issues and Decision Memorandum), dated
FOR FURTHER INFORMATION CONTACT: concurrently with this determination and hereby
13 See Antidumping Duty Order. Robert Palmer at (202) 482–9068 or adopted by this notice.
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Document Created: 2018-11-14 03:31:41
Document Modified: 2018-11-14 03:31:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable November 14, 2018. | |
| Contact | Amanda Brings, 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) 482-3927. | |
| FR Citation | 83 FR 56817 |
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