Notice2021-25257
Certain Hot-Rolled Steel Flat Products From Japan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2019-2020
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
November 19, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) preliminarily determines that Nippon Steel Corporation (NSC), producer and exporter 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, 2019, through September 30, 2020. In addition, Commerce preliminarily determines that Honda Trading Canada, Inc. (Honda) and Mitsui & CO., Ltd. (Mitsui) had no shipments during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 221 (Friday, November 19, 2021)</title>
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[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64901-64904]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25257]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-874]
Certain Hot-Rolled Steel Flat Products From Japan: Preliminary
Results of Antidumping Duty Administrative Review and Preliminary
Determination of No Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that Nippon Steel Corporation (NSC), producer and exporter 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, 2019, through September 30, 2020.
In addition, Commerce preliminarily determines that Honda Trading
Canada, Inc. (Honda) and Mitsui & CO., Ltd. (Mitsui) had no shipments
during the POR. We invite interested parties to comment on these
preliminary results.
DATES: Applicable November 19, 2021.
FOR FURTHER INFORMATION CONTACT: Jack Zhao, 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.
SUPPLEMENTARY INFORMATION:
Background
Commerce is conducting an administrative review of the antidumping
duty order on hot-rolled steel from Japan in accordance with section
751(a)(1)(B) of Tariff Act of 1930, as amended (the Act).\1\ Commerce
initiated this administrative review on
[[Page 64902]]
December 8, 2020 covering twenty-nine producers and/or exporters.\2\ We
selected NSC as mandatory respondent.\3\ On June 28, 2021, we extended
the deadline for the preliminary results of this review by an
additional 118 days, in accordance with section 751(a)(3)(A) of the Act
and 19 CFR 351.213(h)(2), resulting in a deadline of October 29, 2021,
for these preliminary results.\4\ For a detailed description of the
events that followed the initiation of this review, see the Preliminary
Decision Memorandum.\5\
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\1\ 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).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 78990 (December 8, 2020).
\3\ See Memorandum ``Respondent Selection for the 2019-2020
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel
Flat Products from Japan,'' dated June 29, 2021.
\4\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from Japan: Extension of Deadline for Preliminary Results of
Antidumping Duty Administrative Review--2019-2020,'' dated June 28,
2021.
\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments: Certain Hot-Rolled Steel
Flat Products from Japan; 2019-2020,'' dated concurrently with, and
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise covered by the Order is hot-rolled steel from
Japan. For a complete description of the scope of the Order, see the
Preliminary Decision Memorandum.\6\
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\6\ Id.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Act. Constructed export price and export
price were calculated in accordance with section 772 of the Act. Normal
value 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. A list of topics discussed in the
Preliminary Decision Memorandum is attached 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 to ACCESS is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the internet at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Preliminary Determination of No Shipments
Among the companies under review, Honda and Mitsui each properly
filed a statement reporting that it had made no shipments of subject
merchandise to the United States during the POR.\7\ Commerce issued an
instruction to the U.S. Customs and Border Protection (CBP) asking for
any entry activity regarding Honda and Mitsui.\8\ CBP subsequently
confirmed that these two companies had no shipments.\9\ Based on the
certifications submitted by Honda and Mitsui, and our analysis of CBP
information currently on the record, we preliminarily determine that
Honda and Mitusi had no shipments during the POR. Consistent with its
practice, Commerce finds that it is not appropriate to preliminarily
rescind the review with respect to Honda and Mitsui, but rather to
complete the review and issue appropriate instructions to CBP based on
the final results of this review.
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\7\ See Honda's Letter, ``Administrative Review of Certain Hot-
Rolled Steel Flat Products from Japan: Honda Trading Canada, Inc.'s
No Shipment Certification,'' dated December 21, 2020; see also
Mitsui's Letter, ``Antidumping Administrative Review of Certain Hot-
Rolled Steel Flat Products from Japan: Mitsui No Shipment
Notification,'' dated December 21, 2020.
\8\ See No Shipment Inquiry to CBP, dated October 5, 2021.
\9\ See Memoranda, ``Certain Hot-Rolled Steel Flat Products from
Japan (A-588-874); No Shipment Inquiry for Honda Trading Canada,
Inc. during the period 10/01/2019 through 09/30/2020,'' and
``Certain Hot-Rolled Steel Flat Products from Japan (A-588-874); No
Shipment Inquiries for Mitsui & Co., Ltd. during the Period 10/01/
2019 through 09/30/2020,'' both dated October 15, 2021.
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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} .''
In this review, we have preliminarily calculated a weighted-average
dumping margin for NSC that is not zero, de minimis, or determined
entirely on the basis of facts available. Accordingly, Commerce
preliminarily has assigned to companies not individually examined a
margin of 26.81 percent, which is NSC's calculated weighted-average
dumping margin.
Preliminary Results
We preliminarily determine the following weighted-average dumping
margins for the period October 1, 2019, through September 30, 2020:
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\10\ Commerce found in a changed circumstances review that NSC,
Nippon Steel Nisshin Co., Ltd., and Nippon Steel Trading Corporation
are affiliated companies that should be treated as a single entity
and as the successor-in-interest to Nippon Steel & Sumitomo Metal
Corporation, Nisshin Steel Co., Ltd., and Nippon Steel & Sumikin
Bussan Corporation, 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).
Because there is no information on the record of this administrative
review that would lead us to revisit this determination, we are
continuing to treat these companies as part of a single entity for
the purposes of this administrative review.
\11\ 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 Preliminary Decision
Memorandum at 8-9.
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Weighted-average
Exporter/producer dumping margin
(percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co., 26.81
Ltd./Nippon Steel Trading Corporation \10\.........
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Non-Examined Companies
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Hanwa Co., Ltd...................................... 26.81
Higuchi Manufacturing America, LLC.................. 26.81
[[Page 64903]]
Higuchi Seisakusho Co., Ltd......................... 26.81
Hitachi Metals, Ltd................................. 26.81
JFE Steel Corporation/JFE Shoji Trade Corporation 26.81
\11\...............................................
JFE Shoji Trade America............................. 26.81
Kanematsu Corporation............................... 26.81
Kobe Steel, Ltd..................................... 26.81
Metal One Corporation............................... 26.81
Miyama Industry Co., Ltd............................ 26.81
Nakagawa Special Steel Inc.......................... 26.81
Nippon Steel & Sumikin Logistics Co., Ltd........... 26.81
Okaya & Co. Ltd..................................... 26.81
Panasonic Corporation............................... 26.81
Saint-Gobain K.K.................................... 26.81
Shinsho Corporation................................. 26.81
Sumitomo Corporation................................ 26.81
Suzukaku Co., Ltd................................... 26.81
Suzukaku Corporation................................ 26.81
Tokyo Steel Manufacturing Co., Ltd.................. 26.81
Toyota Tsusho Corporation Nagoya.................... 26.81
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries. For any individually examined respondent whose weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5
percent) in the final results of this review and the respondent
reported reliable entered values, we will calculate importer-specific
ad valorem assessment rates for the merchandise based on the ratio of
the total amount of dumping calculated for the examined sales made
during the POR to each importer and the total entered value of those
same sales, in accordance with 19 CFR 351.212(b)(1). If the respondent
has not reported reliable entered values, we will calculate a per-unit
assessment rate for each importer by dividing the total amount of
dumping calculated for the examined sales made to that importer by the
total sales quantity associated with those transactions. Where an
importer-specific ad valorem assessment rate is zero or de minimis in
the final results of review, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties in accordance
with 19 CFR 351.106(c)(2). If a respondent's weighted-average dumping
margin is zero or de minimis in the final results of review, we will
instruct CBP not to assess duties on any of its entries in accordance
with the Final Modification for Reviews, i.e., ``{w{time} here the
weighted-average margin of dumping for the exporter is determined to be
zero or de minimis, no antidumping duties will be assessed.'' \12\
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\12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by NSC
for which the producer did not know its merchandise was destined for
the United States, or for any respondent for which we have a final
determination of no shipments, we will instruct CBP to liquidate
unreviewed entries at the all-others rate if there is no rate for the
intermediate company (or companies) involved in the transaction.\13\
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\13\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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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
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).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the notice of final results of this administrative
review for all shipments of the subject merchandise entered, or
withdrawn from warehouse, for consumption on or after the date of
publication, as provided by section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for each specific company listed above will be that
established in the final results of this review, except if the rate is
less than 0.50 percent, and therefore de minimis within the meaning of
19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero;
(2) for previously investigated companies not participating in this
review, the cash deposit will continue to be the company-specific rate
published for the most recently completed segment of this proceeding in
which the company participated; (3) if the exporter is not a firm
covered in this review, or the underlying investigation, but the
manufacturer is, then the cash deposit rate will be the rate
established for the most recent segment for the manufacturer of the
merchandise; and (4) the cash deposit rate for all other manufacturers
or exporters will continue to be 5.58 percent, the all-others rate
established in the less-than-fair-value investigation.\14\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\14\ See Order.
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Disclosure and Public Comment
We intend to disclose the calculations performed for these
preliminary results of review to interested parties within five days of
the date of publication of this notice in accordance with 19 CFR
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may
submit case briefs no later than 30 days after the date of publication
of this notice. Rebuttal briefs, the content of which is limited to
issues raised in the case briefs, may be filed no later than seven days
after the date for filing case briefs.\15\ Parties who submit case
briefs
[[Page 64904]]
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.\16\ Case and rebuttal briefs
should be filed using ACCESS \17\ and must be served on interested
parties.\18\ Executive summaries should be limited to five pages total,
including footnotes.
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\15\ See 19 CFR 351.309(d).
\16\ See 19 CFR 351.309(c)(2) and (d)(2).
\17\ See generally 19 CFR 351.303.
\18\ See 19 CFR 351.303(f).
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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 via ACCESS. An
electronically filed request must be received successfully in its
entirety by 5:00 p.m. Eastern Time within 30 days of the date of
publication of this notice.\19\ Requests should contain: (1) The
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues parties intend to discuss. If a
request for a hearing is made, Commerce intends to hold the hearing at
a date and time to be determined.\20\ Parties should confirm the date,
time, and location of the hearing two days before the scheduled date.
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\19\ See 19 CFR 351.310(c).
\20\ See 19 CFR 351.310(d).
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Commerce intends to issue the final results of this administrative
review, including the results of its analysis of the issues raised in
any case or rebuttal briefs, no later than 120 days after the date of
publication of this notice, unless extended.\21\
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\21\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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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 Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
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.
Dated: October 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Rates for Non-Examined Companies
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2021-25257 Filed 11-18-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 19, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.