Notice2024-26223
Certain Hot-Rolled Steel Flat 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
November 13, 2024
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, 2022, through September 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 219 (Wednesday, November 13, 2024)</title>
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[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89602-89604]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26223]
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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; 2022-2023
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, 2022, through September 30, 2023.
DATES: Applicable November 13, 2024.
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 6, 2023,
covering ten producers and/or exporters.\2\ On March 4, 2024, JFE Shoji
Corporation and JFE Shoji America, LLC withdrew its request for review,
pursuant to 19 CFR 351.213(d)(1).\3\ On March 5, 2024, the petitioner
withdrew its request for review with respect to JFE Steel Corporation
and its affiliated companies.\4\ As all parties that
[[Page 89603]]
requested a review for JFE and its affiliates have withdrawn their
requests, and the requests for withdrawal are timely, Commerce is
rescinding the review with respect to the JFE companies.\5\ The
remaining companies subject to this review are Nippon Steel Corporation
(NSC) \6\ and Tokyo Steel Manufacturing Co., Ltd. (Tokyo Steel).
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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, 88 FR 84784 (December 6, 2023).
\3\ See JFE's Letter, ``Withdrawal of Review Request,'' dated
March 4, 2024 (JFE Letter of Withdrawal).
\4\ See Petitioner Letter, ``Partial Withdrawal of Request for
Administrative Review,'' dated March 5, 2024 (Petitioner Letter of
Withdrawal).
\5\ The JFE companies for which this administrative review was
initiated are: JFE Steel Corporation, JFE Shoji Corporation, JFE
Shoji Trade Corporation, and JFE Shoji Trade America.
\6\ 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).
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On June 13, 2024, 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 30, 2024.\7\ On July
22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\8\ The deadline for these preliminary results
is now November 6, 2024. For a detailed description of the events that
followed the initiation of this review, see the Preliminary Decision
Memorandum.\9\
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\7\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated June 13,
2024.
\8\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results and Partial Rescission of the Antidumping Duty
Administrative Reviews: Certain Hot-Rolled Steel Flat Products from
Japan; 2022-2023,'' 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.\10\
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\10\ 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.\11\ 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 the JFE companies: JFE Steel
Corporation, JFE Shoji Corporation, JFE Shoji Trade Corporation, and
JFE Shoji Trade America.
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\11\ See JFE Letter of Withdrawal; see Petitioner Letter of
Withdrawal.
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Preliminary Results
We preliminarily determine the following estimated weighted-average
dumping margins for the period October 1, 2022, through September 30,
2023:
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Weighted-
average
Producer/exporter dumping
margin
(percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./ 29.03
Nippon Steel Trading Corporation \12\..................
Tokyo Steel Manufacturing Co., Ltd...................... 0.00
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Disclosure and Public Comment
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\12\ This rate is also applicable to Nippon Steel & Sumikin
Logistics Co., Ltd. for whom a review was initiated and NSC
identified as its wholly owned subsidiary. See NSC's April 17, 2024
Initial Section A questionnaire response at Exhibit A-5 and May 24,
2024 Initial Section C questionnaire response at C-41.
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Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, 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 to Commerce no later than seven days after the date on which the
final verification report is issued in this review. 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.\13\ Interested
parties who submit case briefs or rebuttal briefs in this proceeding
must submit: (1) a table of contents listing each issue; and (2) a
table of authorities.\14\
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\13\ See 19 CFR 351.309(d); 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).
\14\ See 19 351.309(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 briefs 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.\15\ Further,
we request that interested parties limit their executive summary of
each issue to no more than 450 words, not including citations. We
intend to use the 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
executive summary of each issue. Note that Commerce has amended certain
of its requirements pertaining to the service of documents in 19 CFR
351.303(f).\16\
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\15\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\16\ See APO and Service Final Rule.
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[[Page 89604]]
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. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants and whether any
participant is a foreign national; 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. An electronically filed hearing request
must be received successfully in its entirety by Commerce's electronic
records system, ACCESS, by 5 p.m. Eastern Time within 30 days after the
date of publication of this notice.
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.\17\
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\17\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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Verification
As provided in section 782(i)(3) of the Act, Commerce intends to
verify the information relied upon for the final results.
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.'' \18\
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\18\ 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.\19\
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\19\ 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).
For the companies for which this review is being rescinded, in
part, Commerce will instruct CBP to assess antidumping duties on all
appropriate entries. Antidumping duties shall be assessed at rates
equal to the cash deposit rate for estimated antidumping duties
required at the time of entry, or withdrawal from warehouse, for
consumption, in accordance with 19 CFR 351.212(c)(1)(i). With respect
to the recission of this review, in part, Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
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.\20\ These
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 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 preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 6, 2024.
Abdelali Elouaradia,
Deputy 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. 2024-26223 Filed 11-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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