Notice2021-18414
Certain Hot-Rolled Steel Flat Products From Japan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2018-2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 26, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that Nippon Steel Corporation (NSC) and Tokyo Steel Manufacturing Co., Ltd. (Tokyo Steel), producers and exporters of hot-rolled steel flat products (hot- rolled steel) from Japan, sold subject merchandise in the United States at prices below normal value during the period of review (POR) October 1, 2018, through September 30, 2019. In addition, Commerce determines that Honda Trading Canada, Inc. (Honda), Panasonic Corporation (Panasonic), and Mitsui & CO., Ltd. (Mitsui) had no shipments during the POR.
Full Text
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<title>Federal Register, Volume 86 Issue 163 (Thursday, August 26, 2021)</title>
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[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47615-47617]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18414]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-874]
Certain Hot-Rolled Steel Flat Products From Japan: Final Results
of Antidumping Duty Administrative Review and Final Determination of No
Shipments; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that Nippon
Steel Corporation (NSC) and Tokyo Steel Manufacturing Co., Ltd. (Tokyo
Steel), producers and exporters of hot-rolled steel flat products (hot-
rolled steel) from Japan, sold subject merchandise in the United States
at prices below normal value during the period of review (POR) October
1, 2018, through September 30, 2019. In addition, Commerce determines
that Honda Trading Canada, Inc. (Honda), Panasonic Corporation
(Panasonic), and Mitsui & CO., Ltd. (Mitsui) had no shipments during
the POR.
DATES: Applicable August 26, 2021.
FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Myrna Lobo, AD/CVD
Operations, Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1396 or (202) 482-2371,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 23, 2021, Commerce published the Preliminary Results of
this review in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Results. Between March 25 and April 1,
2021, Commerce received timely filed briefs and rebuttal briefs from
the petitioners \2\ and NSC.\3\ On March 25, 2021, Commerce received a
hearing request from NSC.\4\ On July 2, 2021, NSC withdrew its hearing
request.\5\
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\1\ See Certain Hot-Rolled Steel Flat Products from Japan:
Preliminary Results of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2018-2019; 86 FR 10920
(February 23, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum (PDM).
\2\ The petitioners consist of AK Steel Corporation;
ArcelorMittal USA LLC; Nucor Corporation; SSAB Enterprises, LLC;
Steel Dynamic, Inc.; and United States Steel Corporation.
\3\ See Petitioners' Letter, ``Certain Hot-Rolled Steel Flat
Products from Japan: Case Brief,'' dated March 25, 2021; see also
NSC's Letter, ``Certain Hot-Rolled Steel Flat Products from Japan:
NSC's Case Brief,'' dated March 25, 2021; Petitioners' Letter,
``Certain Hot-Rolled Steel Flat Products from Japan: Petitioner's
Rebuttal Brief,'' dated April 1, 2021; NSC's Letter, ``Certain Hot-
Rolled Steel Flat Products from Japan: NSC's Rebuttal Brief,'' dated
April 1, 2021.
\4\ See NSC's Letter, ``Certain Hot-Rolled Steel Flat Products
from Japan: NSC's Hearing Request,'' dated March 25, 2021.
\5\ See NSC's Letter, ``Certain Hot-Rolled Steel Flat Products
from Japan: Withdrawl of NSC's Hearing Request,'' July 2, 2021.
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On April 14, 2021, we extended the deadline for the final
results.\6\ The deadline for the final results of this review is August
20, 2021.
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\6\ See Memorandum, ``Certain Hot-Rolled Steel Products from
Japan: Extension of Deadline for Final Results of Antidumping Duty
Administrative Review; 2018-2019,'' dated April 14, 2021.
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These final results cover 26 producers and exporters of subject
merchandise.\7\ Based on an analysis of the comments received, we did
not make changes to the weighted-average dumping margins
[[Page 47616]]
determined for the respondents. The weighted-average dumping margins
are listed in the ``Final Results of Review'' section, below. Commerce
conducted this review in accordance with section 751(a) of the Tariff
Act of 1930, as amended (the Act).
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\7\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 67712 (December 11, 2019).
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Scope of the Order <SUP>8</SUP>
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\8\ See Certain Hot-Rolled Steel Flat Products from Australia,
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic
of Turkey, and the United Kingdom: Amended Final Affirmative
Antidumping Determinations for Australia, the Republic of Korea, and
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962
(October 3, 2016) (Order).
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The merchandise covered by the Order is certain hot-rolled steel
flat products. For a complete description of the scope of the Order,
see the Issues and Decision Memorandum.\9\
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\9\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review: Certain
Hot-Rolled Steel Flat Products from Japan; 2018-2019,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Final Determination of No Shipments
In the Preliminary Results, Commerce preliminarily determined that
Honda, Panasonic, and Mitsui had no shipments of subject merchandise
during the POR. U.S. Customs and Border Protection (CBP) subsequently
confirmed that these three companies had no shipments.\10\ As no party
has identified any record evidence which would call into question these
preliminary findings with respect to these three companies, we continue
to find they made no shipments of subject merchandise during the POR.
Accordingly, consistent with our practice, we intend to instruct CBP to
liquidate any existing entries of subject merchandise produced by
Honda, Panasonic, and Mitsui, but exported by other parties without
their own rate, at the all-others rate.\11\
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\10\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from Japan; No Shipment Inquiry for Honda Trading Canada, Inc.
during the period 10/01/2018 through 09/30/2019,'' dated February
19, 2021; ``Certain Hot-Rolled Steel Flat Products from Japan; No
Shipment Inquiries for Mitsui & Co., Ltd. and the Panasonic
Corporation During the Period 10/01/2018 through 09/30/2019,'' dated
February 24, 2021.
\11\ See, e.g., Magnesium Metal from the Russian Federation:
Preliminary Results of Antidumping Duty Administrative Review, 75 FR
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the
Russian Federation: Final Results of Antidumping Duty Administrative
Review, 75 FR 56989 (September 17, 2010).
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Analysis of Comments Received
We addressed all issues raised in the case and rebuttal briefs in
the Issues and Decision Memorandum, which is hereby adopted with this
notice. The issues are identified in Appendix I to this notice. The
Issues and 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 <a href="https://access.trade.gov">https://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from
parties, we did not make changes to the margin calculations. For a
discussion of these changes, see the Issues and Decision Memorandum.
Rate for Non-Examined Companies
The statute and Commerce's regulations do not address the
establishment of a rate to be applied to companies not selected for
individual examination when Commerce limits its examination in an
administrative review pursuant to section 777A(c)(2) of the Act.
Generally, Commerce looks to section 735(c)(5) of the Act, which
provides instructions for calculating the all-others rate in a market
economy investigation, for guidance when calculating the rate for
companies which were not selected for individual examination in an
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of
the estimated weighted-average dumping margins established for
exporters and producers individually investigated, excluding any zero
or de minimis margins, and any margins determined entirely {on the
basis of facts available{time} .''
For these final results, we calculated weighted-average dumping
margins that are not zero, de minimis, or determined entirely on the
basis of facts available for NSC and Tokyo Steel. Accordingly, Commerce
has assigned to the companies not individually examined a margin of
10.95 percent, which is the weighted-average (using the publicly ranged
U.S. value) of NSC's and Tokyo Steel's calculated weighted-average
dumping margins for these final results.
Final Results of Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period October 1, 2018, through
September 30, 2019:
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Weighted-
average
Producers/exporters dumping margin
(percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./ 11.70
Nippon Steel Trading Corporation \12\..................
Tokyo Steel Manufacturing Co., Ltd...................... 6.80
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Review-Specific Average Rate Applicable to the Following Companies
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Hanwa Co., Ltd.......................................... 10.95
Higuchi Manufacturing America, LLC...................... 10.95
Higuchi Seisakusho Co., Ltd............................. 10.95
Hitachi Metals, Ltd..................................... 10.95
JFE Steel Corporation/JFE Shoji Trade Corporation \13\.. 10.95
JFE Shoji Trade America................................. 10.95
Kanematsu Corporation................................... 10.95
Kobe Steel, Ltd......................................... 10.95
Metal One Corporation................................... 10.95
Miyama Industry Co., Ltd................................ 10.95
Nakagawa Special Steel Inc.............................. 10.95
Nippon Steel & Sumikin Logistics Co., Ltd............... 10.95
Okaya & Co. Ltd......................................... 10.95
Saint-Gobain K.K........................................ 10.95
Shinsho Corporation..................................... 10.95
Sumitomo Corporation.................................... 10.95
Suzukaku Corporation.................................... 10.95
Toyota Tsusho Corporation Nagoya........................ 10.95
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Assessment
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\12\ Commerce found in a changed circumstances review that NSC,
Nippon Steel Nisshin Co., Ltd. (Nippon Nisshin), and Nippon Steel
Trading Corporation (NSTC) are affiliated companies that should be
treated as a single entity and as the successor-in-interest to
Nippon Steel & Sumitomo Metal Corporation (NSSMC), Nisshin Steel
Co., Ltd. (Nisshin Steel), and Nippon Steel & Sumikin Bussan
Corporation (NSSBC), respectively. See Certain Hot-Rolled Steel Flat
Products from Japan: Notice of Final Results of Antidumping Duty
Changed Circumstances Review, 84 FR 46713 (September 5, 2019). We
have continued to treat NSC, Nippon Nisshin, and NSTC as a single
entity for purposes of this administrative review.
\13\ We collapsed JFE Shoji Trade Corporation with JFE Steel
Corporation in the underlying investigation. See Certain Hot-Rolled
Steel Flat Products from Japan: Preliminary Determination of Sales
at Less than Fair Value and Postponement of Final Determination, 81
FR 15222 (March 22, 2016), and accompanying PDM at 8-9. We have
continued to treat these companies as a single entity for purposes
of this administrative review.
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Consistent with its recent notice,\14\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will
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direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
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\14\ See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in Applicable Antidumping and
Countervailing Duly Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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Where the respondent reported reliable entered values, we
calculated importer--(or customer-) specific ad valorem rates by
aggregating the dumping margins calculated for all U.S. sales to each
importer (or customer) and dividing this amount by the total entered
value of the sales to each importer (or customer).\15\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed sales to that party by the total sales
quantity associated with those transactions, Commerce will direct CBP
to assess importer--(or customer-) specific assessment rates based on
the resulting per-unit rates.\16\ Where an importer--(or customer-)
specific ad valorem or per-unit rate is greater than de minimis (i.e.,
0.50 percent), Commerce will instruct CBP to collect the appropriate
duties at the time of liquidation.\17\ Where an importer--(or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce
will instruct CBP to liquidate appropriate entries without regard to
antidumping duties.\18\
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\15\ See 19 CFR 351.212(b)(1).
\16\ Id.
\17\ Id.
\18\ See 19 CFR 351.106(c)(2).
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For the companies which were not selected for individual review, we
will assign an assessment rate based on the methodology described in
the ``Rates for Non-Examined Companies'' section, above.
Consistent with Commerce's assessment practice, for entries of
subject merchandise during the POR produced by NSC, Tokyo Steel, or the
non-examined companies for which the producer did not know that its
merchandise was destined for the United States, 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.\19\
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\19\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of the final results
of this administrative review, as provided for by section 751(a)(2)(C)
of the Act: (1) The cash deposit rates for the companies listed in
these final results will be equal to the weighted-average dumping
margins established in the final results of this review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior segment of this proceeding, the cash
deposit rate will continue to be the company-specific rate published
for the most recently completed segment in which the company was
reviewed; (3) if the exporter is not a firm covered in this review or
the original less-than-fair-value (LTFV) investigation, but the
producer is, the cash deposit rate will be the rate established for the
most recently completed segment of this proceeding for the producer of
the subject merchandise; and (4) the cash deposit rate for all other
producers or exporters will continue to be 5.58 percent,\20\ the all-
others rate established in the LTFV investigation. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
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\20\ See Certain Hot-Rolled Steel Flat Products from Japan:
Final Determination of Sales at Less Than Fair Value and Final
Affirmative Determination of Critical Circumstances, 81 FR 53409
(August 12, 2016).
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Notification to Importers
This notice 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 presumption that reimbursement of
antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or 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 sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and
351.221(b)(5) of Commerce's regulations.
Dated: August 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Application of Partial Facts Available and Use of Adverse
Inference
V. Final Determination of No Shipments
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
Comment 1: Whether Commerce Should Deduct Section 232 Duties
From U.S. Price
Comment 2: Whether Commerce Should Apply Adverse Facts Available
to NSC's Home Market Sales Made to Certain Affiliated Customers
Comment 3: Whether Commerce Should Apply Differential Pricing
Methodology With Zeroing Negative Margins for Sales That Pass
Commerce's Differential Pricing Test
Comment 4: Whether Commerce Should Include Certain Separately
Invoiced U.S. Revenue Fields in Calculating the Net U.S. Price
Comment 5: Whether Commerce Should Make Certain Adjustments to
NSC's Reported G&A Expenses
VIII. Recommendation
[FR Doc. 2021-18414 Filed 8-25-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on August 26, 2021.
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