Notice2023-09508
Certain Hot-Rolled Steel Flat Products From Japan: Final Results of Antidumping Duty Administrative Review; 2020-2021
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
May 4, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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, 2020, through September 30, 2021.
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<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
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[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28500-28502]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09508]
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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; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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, 2020, through September 30, 2021.
DATES: Applicable May 4, 2023.
FOR FURTHER INFORMATION CONTACT: Jun 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.
[[Page 28501]]
SUPPLEMENTARY INFORMATION:
Background
On November 2, 2022, Commerce published the Preliminary Results of
this review in the Federal Register.\1\ We invited interested parties
to comment on the Preliminary Results. Between December 2 and 9, 2022,
Commerce received timely filed briefs and rebuttal briefs from NSC,
Nucor (the petitioner), and Tokyo Steel Manufacturing Co., Ltd. (Tokyo
Steel) and Optima Steel International, LLC.\2\ On December 2, 2022,
Commerce received hearing requests from NSC and Nucor.\3\ On December
16, 2022 and February 10, 2023, NSC and Nucor each withdrew its hearing
request, respectively.\4\
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\1\ See Certain Hot-Rolled Steel Flat Products from Japan:
Preliminary Results of Antidumping Duty Administrative; 2020-2021;
87 FR 66130 (November 2, 2022) (Preliminary Results), and
accompanying Preliminary Decision Memorandum (PDM).
\2\ See NSC's Letter, ``NSC's Case Brief,'' dated December 2,
2022; Nucor's Letter, ``Nucor's Case Brief,'' dated December 2,
2022; Tokyo Steel's Letter, ``Tokyo Steel Manufacturing Co., Ltd.
and Optima Steel International LLC's Case Brief,'' dated December 2,
2022; NSC's Letter, ``NSC's Rebuttal Brief,'' dated December 9,
2022; Nucor's Letter, ``Nucor's Rebuttal Brief,'' dated December 9,
2022.
\3\ See NSC's Letter, ``NSC's Hearing Request,'' dated December
2, 2022; Nucor's Letter, ``Request for Hearing,'' dated December 2,
2022.
\4\ See NSC's Letter, ``Withdrawl of NSC's Hearing Request,''
dated December 16, 2022; Nucor's Letter, ``Withdrawal of Request for
Hearing,'' dated February 10, 2023.
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On February 13, 2023, we extended the deadline for the final
results, in accordance with section 751(a)(3)(A) of the Tariff Act of
1930, as amended (the Act), and 19 CFR 351.213(h)(2).\5\ The deadline
for the final results of this review is April 28, 2023.
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\5\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review; 2020-2021,'' dated February
13, 2023.
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These final results cover two producers and/or exporters of subject
merchandise.\6\ Based on an analysis of the comments received, we made
certain changes to the weighted-average dumping margins determined for
NSC. 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 Act.
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\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 67685 (November 29, 2021).
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Scope of the Order \7\
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\7\ 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.\8\
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\8\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review: Certain
Hot-Rolled Steel Flat Products from Japan; 2020-2021,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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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="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from
parties, we made certain changes to NSC's 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} .''
In this review, we have 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 has assigned to the
non-examined company, Tokyo Steel, a margin of 7.72 percent, which is
NSC's calculated weighted-average dumping margin.
Final Results of Review
We are assigning the following weighted-average dumping margins to
the firms listed below for the period October 1, 2020, through
September 30, 2021:
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\9\ 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.
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Weighted-
average
Exporter/producer dumping
margin
(percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./ 7.72
Nippon Steel Trading Corporation \9\.......................
Tokyo Steel Manufacturing Co., Ltd.......................... 7.72
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Assessment
Consistent with its recent notice,\10\ 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).
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\10\ 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).\11\ Where Commerce
calculated a weighted-average dumping margin by dividing the total
amount of dumping for reviewed
[[Page 28502]]
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.\12\ 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.\13\ 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.\14\
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\11\ See 19 CFR 351.212(b)(1).
\12\ Id.
\13\ Id.
\14\ See 19 CFR 351.106(c)(2).
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For the company 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, 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.\15\
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\15\ 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,\16\ 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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\16\ 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: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
Comment 1: Whether Commerce Should Deduct Section 232 Duties
From U.S. Price
Comment 2: Whether Commerce Erred in Applying its Differential
Pricing Analysis
Comment 3: Whether Commerce Should Include Certain U.S. and Home
Market Sales in its Calculation of NSC's Dumping Margin
Comment 4: Whether Commerce Should Include Certain U.S. Revenue
Fields for Certain Extra Services in Calculating NSC's Dumping
Margin
Comment 5: Whether NSC's Fees Paid to Unaffiliated Trading
Companies Should Be Treated as Commissions
Comment 6: Whether Commerce Should Calculate a Company Specific
AD Assessment Rate for Tokyo Steel
VI. Recommendation
[FR Doc. 2023-09508 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 4, 2023.
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