Notice2023-26936
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Final Results 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
December 8, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that Toyo Kohan Co., Ltd. (Toyo Kohan) made sales of subject merchandise at less than normal value during the period of review (POR), May 1, 2021, through April 30, 2022.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 235 (Friday, December 8, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85590-85592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26936]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-869]
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From
Japan: Final Results 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) determines that
Toyo Kohan Co., Ltd. (Toyo Kohan) made sales of subject merchandise at
less than normal value during the period of review (POR), May 1, 2021,
through April 30, 2022.
DATES: Applicable December 8, 2023.
FOR FURTHER INFORMATION CONTACT: Amaris Wade, AD/CVD Operations, Office
II, Enforcement and Compliance, International Trade Administration,
[[Page 85591]]
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-6334.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2023, Commerce published in the Federal Register the
preliminary results of the 2021-2022 administrative review of the
antidumping duty order on diffusion-annealed, nickel-plated flat-rolled
steel products (nickel-plated steel products) from Japan.\1\ This
review covers one producer/exporter of the subject merchandise, Toyo
Kohan. We invited interested parties to comment on the Preliminary
Results.\2\ On July 6, 2023, we received case briefs from the
petitioner \3\ and from Toyo Kohan.\4\ On September 14, 2023, Commerce
extended the deadline for the final results of review until December 1,
2023.\5\ For a complete description of the events that occurred since
the Preliminary Results, see the Issues and Decision Memorandum.\6\
Commerce conducted this review in accordance with section 751(a)(1)(B)
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Preliminary Results of Antidumping Duty
Administrative Review, and Rescission, in Part; 2021-2022, 88 FR
37029 (June 6, 2023) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Preliminary Results, 88 FR at 37029.
\3\ See Petitioner's Letter, ``Case Brief of Thomas Steel Strip
Corporation,'' dated July 6, 2023. The petitioner is Thomas Steel
Strip Corporation.
\4\ See Toyo Kohan's Letter, ``Toyo Kohan's Case Brief,'' dated
July 6, 2023.
\5\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated September 14, 2023.
\6\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the Administrative Review of the Antidumping Duty
Order on Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan; 2021-2022,'' dated concurrently with, and
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order <SUP>7</SUP>
---------------------------------------------------------------------------
\7\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29,
2014) (Order).
---------------------------------------------------------------------------
The products covered by the Order are nickel-plated steel products.
A full description of the scope of the Order is contained in the Issues
and Decision Memorandum.
Analysis of Comments Received
All issues raised in the case briefs that were submitted by parties
in this administrative review are addressed in the Issues and Decision
Memorandum and are listed in the appendix 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 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 a review of the record and the comments received from
interested parties regarding our Preliminary Results, and for the
reasons explained in the Issues and Decision Memorandum, we made
certain changes to the weighted-average dumping margin calculations for
Toyo Kohan for the final results of review.\8\
---------------------------------------------------------------------------
\8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------
Final Results of Review
We determine that the following weighted-average dumping margin
exists for the period May 1, 2021, through April 30, 2022:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd........................................ 0.92
------------------------------------------------------------------------
Disclosure
We intend to disclose the calculations performed in connection with
these final results of review to interested parties in this proceeding
within five days after public announcement of the final results or, if
there is no public announcement, within five days of the date of
publication of the notice of final results in the Federal Register, in
accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with the final results of
this review.
For Toyo Kohan, we calculated importer-specific ad valorem duty
assessment rates on the basis of the ratio of the total amount of
dumping calculated for each importer's examined sales and the total
entered value of those sales in accordance with 19 CFR 351.212(b)(1).
Where an importer-specific assessment rate is de minimis (i.e., less
than 0.5 percent), the entries by that importer will be liquidated
without regard to antidumping duties.
For entries of subject merchandise during the POR produced by Toyo
Kohan for which it 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 established in the less-than-fair-value (LTFV)
investigation of 45.42 percent ad valorem,\9\ if there is no rate for
the intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------
\9\ See Order, 79 FR at 30816.
---------------------------------------------------------------------------
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
Upon publication of this notice in the Federal Register, the
following cash deposit requirements will be effective for all shipments
of nickel-plated steel products entered, or withdrawn from warehouse,
for consumption on or after the date of publication as provided by
section 751(a)(2) of the Act: (1) the cash deposit rates for the
company subject to this review will be equal to the weighted-average
dumping margin established in the final results of the review; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in a prior completed segment of the proceeding, the
cash deposit rate will continue to be the company-specific rate
published in the completed segment for the most recent period; (3) if
the exporter is not a firm covered in this review, a prior review, or
the original LTFV investigation but the producer has been covered in a
prior completed segment of this proceeding, then the cash deposit rate
will be the rate established in the completed segment for the most
recent period 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 for this proceeding.\10\ These cash deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\10\ See Order, 79 FR at 30816.
---------------------------------------------------------------------------
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
[[Page 85592]]
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.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/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 violation which is subject to sanction.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
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: Kohan Shoji Co., Ltd.'s (Kohan Shoji) Billing
Adjustments
Comment 2: Incorrect Date of Sale
Comment 3: Incorrect Comparison Market Database
VI. Recommendation
[FR Doc. 2023-26936 Filed 12-7-23; 8:45 am]
BILLING CODE 3510-DS-P
</pre></body>
</html>Indexed from Federal Register on December 8, 2023.
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.