• Effective Date: Sep 26, 2018
  • Period of Review: Mar 22, 2016 to Sep 30, 2017
  • Notice of Lifting of Suspension Date: Sep 26, 2018
  • Cite as: 83 FR 48592 • Cite date: Sep 26, 2018

1. For all shipments of certain hot-rolled steel flat products from Brazil produced and/or exported by the firms identified below, and entered, or withdrawn from warehouse, for consumption during the period 03/22/2016 through 09/30/2017, assess an antidumping liability equal to the percentages listed below of the entered value:

Companhia Siderurgica Nacional:
Case number: A-351-845-001
Rate: 30.21%

Usinas Siderurgicas de Minas Gerais SA:
Case number: A-351-845-002
Rate: 30.21%

Aperam South America:
Case number: A-351-845-003
Cash deposit rate: 30.21%
Such entries may have come in under A-351-845-000.

ArcelorMittal Brasil:
Case number: A-351-845-004
Cash deposit rate: 30.21%
Such entries may have come in under A-351-845-000.

Companhia Siderurgica Suape:
Case number: A-351-845-005
Cash deposit rate: 30.21%
Such entries may have come in under A-351-845-000.

Marcegaglia do Brasil:
Case number: A-351-845-006
Cash deposit rate: 30.21%
Such entries may have come in under A-351-845-000.

Certain firms did not have their own case number during the period of review; entries may have been made under A-351-845-000 or other company-specific case numbers.

2. If a cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 1 that was entered, or withdrawn from warehouse, for consumption during the period 03/22/2016 through 09/17/2016, assess antidumping duty liabilities equal to the amount resulting from the application of paragraph 1 or equal to the amount of the cash deposit, whichever is less.

3. As a result of Commerce's clarification of its assessment regulation on 05/06/2003 (68 FR 23954), for all shipments of certain hot-rolled steel flat products from Brazil produced by the above firms, entered, or withdrawn from warehouse, for consumption during the period 03/22/2016 through 09/30/2017, entered under case number A-351-845, and not covered by paragraph 1, assess antidumping duties at the all-others rate in effect on the date of entry.

4. If a cash deposit was collected as security for an estimated antidumping duty for any shipment of merchandise described in paragraph 3 that was entered, or withdrawn from warehouse, for consumption during the period 03/22/2016 through 09/17/2016, assess antidumping liabilities equal to the all-others rate in effect on the date of entry or equal to the amount of the cash deposit, whichever is less.

5. Entries for the period 09/18/2016 through 09/28/2016, should be liquidated via message 6285305, dated 10/11/2016.

6. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraphs 1 and 3 occurred with the publication of the final results of administrative review (83 FR 48592, 09/26/2018). Unless instructed otherwise, for all other shipments of certain hot-rolled steel flat products from Brazil you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

7. There are no injunctions applicable to the entries covered by this instruction.

8. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.

9. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of Commerce's regulations. The importer should provide the reimbursement statement prior to liquidation of the entry. If the importer certifies that it has an agreement with the producer, seller, or exporter, to be reimbursed antidumping and/or countervailing duties, CBP shall double the antidumping duty and/or increase the antidumping duty by the amount of the countervailing duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement.

10. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by O1:JP)

11. There are no restrictions on the release of this information.

Alexander Amdur