Notice2023-24491
Certain Hot-Rolled Steel Flat Products From Japan: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 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
November 6, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that one of the two producers/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, 2021, through September 30, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 213 (Monday, November 6, 2023)</title>
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[Federal Register Volume 88, Number 213 (Monday, November 6, 2023)]
[Notices]
[Pages 76170-76171]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24491]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-874]
Certain Hot-Rolled Steel Flat Products From Japan: Preliminary
Results and Partial Rescission of Antidumping Duty Administrative
Review; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that one of the two producers/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, 2021, through September 30, 2022.
DATES: Applicable November 6, 2023.
FOR FURTHER INFORMATION CONTACT: 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 and (202) 482-2371,
respectively.
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 of the Order on December 5, 2022,
covering three producers and/or exporters.\2\ We selected two
companies, NSC \3\ and JFE \4\ as the mandatory respondent.\5\ On March
3, 2023, Global Tubing LLC withdrew its review request with regard to
JFE, pursuant to 19 CFR 351.213(d)(1).\6\ As Global Tubing LLC is the
only party that requested a review for JFE and the request for
withdrawal is timely, Commerce is preliminarily rescinding the review
with respect to JFE.\7\ Subsequently, Commerce selected Tokyo Steel
Manufacturing Co, Ltd. (Tokyo Steel), as a mandatory respondent in this
review.\8\
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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, 87 FR 74404 (December 5, 2022) (Initiation
Notice).
\3\ NSC is a single entity comprised of the following companies:
Nippon Steel Corporation; Nippon Steel Nisshin Co., Ltd.; and Nippon
Steel Trading Corporation. 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).
\4\ JFE is a single entity comprised of JFE Shoji Corporation
and JFE Steel Corporation. See Certain Hot-Rolled Steel Flat
Products from Japan: Results of Antidumping Duty Administrative
Review and Final Determination of No Shipments; 2018-2019, 86 FR
47615 (August 26, 2021). In the absence of record information
indicating that Commerce should reevaluate this determination, we
are treating these companies as a single entity for purposes of
respondent selection.
\5\ See Memorandum, ``Respondent Selection for the 2021-2022
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel
Flat Products from Japan,'' dated February 23, 2023.
\6\ See Letter from Global Tubing LLC, ``Withdrawal of Global
Tubing LLC's Request for Administrative Review of JFE Steel and JFE
Shoji,'' dated March 3, 2023 (JFE Letter of Withdrawal).
\7\ See 19 CFR 351.213(d)(1).
\8\ See Memorandum, ``Respondent Selection for the 2021-2022
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel
Flat Products from Japan--Selection of Tokyo Steel Manufacturing
Co., Ltd. as a Mandatory Respondent,'' dated March 7, 2023.
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On June 27, 2023, in accordance with section 751(a)(3)(A) of the
Act and 19 CFR 351.213(h)(1), we extended the deadline for the
preliminary results of this review until October 31, 2023.\9\ For a
detailed description of the events that followed the initiation of this
review, see the Preliminary Decision Memorandum.\10\
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\9\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated June 27,
2023.
\10\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Antidumping Duty Administrative Reviews: Certain Hot-
Rolled Steel Flat Products from Japan; 2021-2022,'' 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.\11\
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\11\ Id.
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Methodology
Commerce is conducting this administrative review in accordance
with section 751(a) of the Act. Export price and constructed 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="https://access.trade.gov">https://access.trade.gov</a>. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Rescission of Administrative Review, in Part
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 timely-filed
withdrawal requests for JFE.\12\ Because the withdrawal requests were
timely filed and no other party requested a review of JFE, in
accordance with 19 CFR 351.213(d)(1), Commerce is rescinding this
review of the Order with respect to JFE.
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\12\ See JFE Letter of Withdrawal.
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Preliminary Results
We preliminarily determine the following estimated weighted-average
dumping margins for the period October 1, 2021, through September 30,
2022:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./ 1.39
Nippon Steel Trading Corporation...........................
Tokyo Steel Manufacturing Co., Ltd.......................... 0.00
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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.\13\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) a statement of the issue;
[[Page 76171]]
(2) a brief summary of the argument; and (3) a table of
authorities.\14\ Case and rebuttal briefs should be filed using ACCESS
\15\ and must be served on interested parties.\16\ Executive summaries
should be limited to five pages total, including footnotes. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\17\
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\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ See, generally, 19 CFR 351.303.
\16\ See 19 CFR 351.303(f).
\17\ See Administrative Protective Order, Service, and Other
Procedures in Antidumping and Countervailing Duty Proceedings; Final
Rule, 88 FR 67069 (September 29, 2023).
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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.\18\ 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.\19\ Parties should confirm the date,
time, and location of the hearing two days before the scheduled date.
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\18\ See 19 CFR 351.310(c).
\19\ 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.\20\
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\20\ See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).
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Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries. If the weighted-average
dumping margins for NSC and Tokyo Steel are not zero or de minimis
(i.e., less than 0.5 percent) in the final results of this review, 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). 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 NSC's
and Tokyo Steel's weighted-average dumping margins are 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.'' \21\
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\21\ 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
or Tokyo Steel for which the producer did not know 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 (or companies) involved in the transaction.\22\
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\22\ 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.\23\ These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\23\ See Order.
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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 and/or countervailing 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 and/or countervailing 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 31, 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. Rescission of Administrative Review, in Part
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2023-24491 Filed 11-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 6, 2023.
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