Notice2023-11963
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Results of Antidumping Duty Administrative Review, and Rescission, in Part; 2021-2022
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
June 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that sales of subject merchandise were made at less than normal value during the period of review (POR), May 1, 2021, through April 30, 2022. We are also rescinding this review with respect to Nikken Las Industry Co., Ltd. (Nikken) and Taiyo Manufacturing Co., Ltd. (Taiyo). We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37029-37031]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11963]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-869]
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From
Japan: Preliminary Results of Antidumping Duty Administrative Review,
and Rescission, in Part; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that sales of subject
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merchandise were made at less than normal value during the period of
review (POR), May 1, 2021, through April 30, 2022. We are also
rescinding this review with respect to Nikken Las Industry Co., Ltd.
(Nikken) and Taiyo Manufacturing Co., Ltd. (Taiyo). We invite
interested parties to comment on these preliminary results.
DATES: Applicable June 6, 2023.
FOR FURTHER INFORMATION CONTACT: Amaris Wade, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6334.
SUPPLEMENTARY INFORMATION:
Background
In May 2014, Commerce published in the Federal Register the
antidumping duty order on diffusion-annealed, nickel-plated flat-rolled
steel products (nickel-plated steel products) from Japan.\1\ On July
14, 2022, based on timely requests for review, in accordance with 19
CFR 351.221(c)(1)(i), we initiated an administrative review on nickel-
plated steel products from Japan with respect to three producer/
exporters of the subject merchandise, Toyo Kohan Co., Ltd. (Toyo
Kohan), Nikken, and Taiyo.\2\
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\1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29,
2014) (Order).
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 42144 (July 14, 2022).
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On October 4 and 5, 2022, Thomas Steel Strip Corporation, a
domestic interested party, withdrew its request for review of Nikken
and Taiyo.\3\ On January 11, 2023, Commerce extended the preliminary
results of this review to no later than May 31, 2023.\4\
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\3\ See Thomas Steel Strip Corporation's Letters, ``Diffusion-
Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan:
Petitioners' Withdrawal of Request for 2020/2021 Administrative
Review for Nikken and Taiyo,'' dated October 4, 2022, and
``Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from
Japan: Errata to Petitioner's October 4, 2022, Partial Withdrawal of
Review Request,'' dated October 5, 2022, (collectively, Thomas
Withdrawal Letters).
\4\ See Memorandum, ``Extension of the Deadline for Preliminary
Results of the 2021-2022 Antidumping Duty Administrative Review,''
dated January 11, 2023.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\5\
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 is available to
registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade/gov/public/FRNoticesListLayout.aspx">https://access.trade/gov/public/FRNoticesListLayout.aspx</a>. A list of
topics discussed in the Preliminary Decision Memorandum is attached as
an appendix to this notice.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2021-2022 Administrative Review of the Antidumping
Duty Order on Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan,'' dated concurrently with, and hereby adopted
by, this notice (Preliminary Decision Memorandum).
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Scope of the Order
The merchandise subject to the order is diffusion-annealed, nickel-
plated flat-rolled steel products from Japan. For a complete
description of the scope of the Order, see the Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is 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.
Partial Rescission of Administrative Review
Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an
administrative review, in whole or in part, if the parties that
requested a review withdraw the request within 90 days of the date of
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from Thomas Steel Strip Corporation on October
4 and 5, 2022, for Nikken and Taiyo.\6\ Because the withdrawal requests
were timely filed, and no other party requested a review of these
companies, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this review of the Order with respect to Nikken and Taiyo.
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\6\ See Thomas Withdrawal Letters October 4 and 5, 2022.
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Preliminary Results of the Review
As a result of this review, we preliminarily determine that the
following weighted-average dumping margin exists for the period May 1,
2021, through April 30, 2022:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Toyo Kohan Co., Ltd........................................ 57.32
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\7\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\8\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than seven days
after the deadline for filing case briefs.\9\ 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.\10\ Case and rebuttal
briefs should be filed using ACCESS,\11\ and must be served on
interested parties.\12\ Executive summaries should be limited to five
pages total, including footnotes. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\13\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c).
\9\ Commerce is exercising its discretion, under 19 CFR
351.309(d)(1), to alter the time limit for filing of rebuttal
briefs.
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303.
\12\ See 19 CFR 351.303(f); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See Temporary Rule.
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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, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\14\ Hearing requests should contain: (1)
the party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. Oral
presentations at the hearing will be limited to issues raised in the
briefs. If a request for a hearing is made, parties will be notified of
the time and date for the hearing.\15\ Parties are reminded that all
briefs and hearing requests must be filed electronically using ACCESS
and received successfully in their entirety by
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5:00 p.m. Eastern Time on the established deadline.
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\14\ See 19 CFR 351.310(c).
\15\ 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 issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\16\
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\16\ See section 751(a)(3)(A) of the Act.
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Assessment Rates
Upon completion of the final results of this administrative review,
Commerce shall determine, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries.\17\
Pursuant to 19 CFR 351.212(b)(1), If Toyo Kohan's weighted-average
dumping margin is not zero or de minimis, we will calculate importer-
specific ad valorem duty assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
either the respondent's weighted-average dumping margin is zero or de
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific rate is zero or de minimis, we will instruct CBP to liquidate
the appropriate entries without regard to antidumping duties. 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.\18\
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\17\ See 19 CFR 351.212(b).
\18\ See section 751(a)(2)(C) of the Act.
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In accordance with Commerce's ``automatic assessment'' practice,
for entries of subject merchandise during the POR produced by Toyo
Kohan for which it did not know that the merchandise was destined for
the United States, we will instruct CBP to liquidate those entries at
the all-others rate established in the original less-than-fair-value
(LTFV) investigation (i.e., 45.42 percent) 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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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 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 administrative review, as provided by section
751(a)(2)(C) of the Act: (1) the cash deposit rate for the company
listed above will be equal to the weighted-average dumping margin
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 reviewed or investigated companies not covered in
this review, the cash deposit rate will continue to be the company-
specific cash deposit 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, a prior review, or the original LTFV
investigation, but the producer is, then the cash deposit rate will be
the cash deposit rate established for the most recently completed
segment of this proceeding for the producer of the merchandise; and (4)
the cash deposit rate for all other producers or exporters will
continue to be 45.42 percent, the all-others rate established in the
LTFV investigation.\20\ These cash deposit requirements, when imposed,
shall remain in effect until further notice.
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\20\ See Order.
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Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: May 26, 2023.
Lisa W. Wang,
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2023-11963 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on June 6, 2023.
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