Notice2024-11265
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review; 2022-2023
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 23, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value (NV) during the period of review (POR), May 1, 2022, through April 30, 2023. We are also partially rescinding this review with respect to companies for which all review requests were timely withdrawn. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 101 (Thursday, May 23, 2024)</title>
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[Federal Register Volume 89, Number 101 (Thursday, May 23, 2024)]
[Notices]
[Pages 45638-45640]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11265]
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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 and Partial Rescission of Antidumping Duty
Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/exporters subject to this
administrative review made sales of subject merchandise at less than
normal value (NV) during the period of review (POR),
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May 1, 2022, through April 30, 2023. We are also partially rescinding
this review with respect to companies for which all review requests
were timely withdrawn. We invite interested parties to comment on these
preliminary results.
DATES: Applicable May 23, 2024.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
On May 29, 2014, Commerce published the antidumping duty order on
diffusion-annealed, nickel-plated flat-rolled steel products (nickel-
plated steel products) from Japan in the Federal Register.\1\ On July
12, 2023, based on timely requests for review, we initiated an
administrative review of the Order with respect to three companies:
Toyo Kohan Co., Ltd. (Toyo Kohan), Nikken Las Industry Co., Ltd.
(Nikken), and Taiyo Manufacturing Co., Ltd. (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, 88 FR 44262 (July 12, 2023) (Initiation
Notice).
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On September 12, 2023, Thomas Steel Strip Corporation (the
petitioner) timely withdrew its review request for Nikken and Taiyo.\3\
On January 11, 2024, Commerce extended the preliminary results of this
review to no later than May 16, 2024.\4\
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\3\ See Petitioner's Letter, ``Petitioners' Withdrawal of
Request for 2022/2023 Administrative Review for Nikken and Taiyo,''
dated September 12, 2023 (Petitioner's Withdrawal Letter).
\4\ See Memorandum, ``Extension of Time Limit for Preliminary
Results,'' dated January 11, 2024.
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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>.
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\5\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 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 products subject to the Order are nickel-plated steel products
from Japan. For a full description of the scope of the Order, see the
Preliminary Decision Memorandum.
Recission 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 Initiation Notice. On September 12, 2023, the
petitioner filed a timely withdrawal of its review request for Nikken
and Taiyo.\6\ Because no other party requested a review of these
companies, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this review with respect to Nikken and Taiyo.
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\6\ See Petitioner's Withdrawal Letter.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
export price in accordance with section 772 of the Act. We calculated
NV in accordance with section 773 of the Act. For a full description of
the methodology underlying these preliminary results, see the
Preliminary Decision Memorandum.
Preliminary Results of the Review
As a result of this review, we preliminarily determine the
following estimated weighted-average dumping margin exists for the
period May 1, 2022, through April 30, 2023:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Toyo Kohan Co., Ltd........................................ 12.69
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Disclosure and Public Comment
We intend 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 in the Federal Register.\7\
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, limited to issues raised in the case briefs,
may be filed not later than five days after the date for filing case
briefs.\8\ Interested parties who submit case briefs or rebuttal briefs
in this administrative review must submit: (1) a table of contents
listing each issue; and (2) a table of authorities.\9\
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\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(d)(1); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\9\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings, we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide, at the beginning of their briefs, a public
executive summary for each issue raised in their briefs.\10\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue.
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\10\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
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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 electronically via
ACCESS within 30 days after the date of publication of this notice.
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. Issues raised in the hearing will be limited to those raised
in the respective case briefs. 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.\11\
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\11\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed via ACCESS.\12\
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An electronically filed document must be received successfully in its
entirety by ACCESS by 5:00 p.m. Eastern Time on the established
deadline. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\13\
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\12\ See 19 CFR 351.303.
\13\ See APO and Service Final Rule.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Assessment Rates
Upon completion of this administrative review, pursuant to section
751(a)(2)(A) of the Act, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries covered by this review.
Pursuant to 19 CFR 351.212(b)(1), we calculated 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 those sales. 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 assessment 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 this review and for future deposits of
estimated duties, where applicable.\14\
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\14\ 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 the company 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 less-than-fair-value
(LTFV) investigation (i.e., 45.42 percent) \15\ if there is no rate for
the intermediate company(ies) involved in the transaction.\16\
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\15\ See Order, 79 FR at 30817.
\16\ For a full description 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 administrative 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 rate published for the most
recently-completed segment of this proceeding in which the company was
reviewed; (3) if the exporter is not a firm covered in this review, a
prior review, or the LTFV investigation, but the producer is, then the
cash deposit rate will be the 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.\17\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\17\ See Order, 79 FR at 30817.
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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) 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 duties occurred and the subsequent
assessment of doubled 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, and 19 CFR 351.221(b)(4).
Dated: May 16, 2024
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. Discussion of the Methodology
V. Recommendation
[FR Doc. 2024-11265 Filed 5-22-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on May 23, 2024.
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