Notice2024-28275
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Final Results 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
December 3, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) determines that certain producers/exporters subject to this administrative review made sales of subject merchandise at less than normal value during the period of review (POR) May 1, 2022, through April 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 232 (Tuesday, December 3, 2024)</title>
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[Federal Register Volume 89, Number 232 (Tuesday, December 3, 2024)]
[Notices]
[Pages 95735-95736]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28275]
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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; 2022-
2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that
certain producers/exporters subject to this administrative review made
sales of subject merchandise at less than normal value during the
period of review (POR) May 1, 2022, through April 30, 2023.
DATES: Applicable December 3, 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 23, 2024, Commerce published the Preliminary Results and
invited comments from interested parties.\1\ On June 21, 2024, Toyo
Kohan Co., Ltd. (Toyo Kohan), the sole mandatory respondent, submitted
its case brief. On June 27, 2024, Thomas Steel Strip Corporation (the
petitioner) submitted its rebuttal brief. On July 22, 2024, Commerce
tolled certain deadlines in this administrative proceeding by seven
days.\2\ On August 27, 2024, Commerce extended the deadline for these
final results until November 26, 2024.\3\ For a complete description of
the events that occurred since the Preliminary Results, see the Issues
and Decision Memorandum.\4\ Commerce conducted this administrative
review in accordance with section 751 of the Tariff Act of 1930, as
amended (the Act).
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\1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review; 2022-2023, 89 FR 45638 (May
23, 2024) (Preliminary Results), and accompanying Preliminary
Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
2022-2023 Antidumping Duty Administrative Review,'' dated August 27,
2024.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final 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 (Issues and Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29,
2014) (Order).
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The products subject to the Order are nickel-plated steel products.
For a full description of the scope of the Order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in the
appendix
[[Page 95736]]
to this notice and addressed in the Issues and Decision Memorandum. 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 directly 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 comments received from
interested parties regarding our Preliminary Results, we made certain
changes to the weighted-average dumping margin calculations for Toyo
Kohan.\6\
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\6\ For a full description of these changes, see Issues and
Decision Memorandum.
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Final Results of Review
For these final results, we 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.................................... 4.44
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Disclosure
Commerce intends to disclose the calculations performed for Toyo
Kohan in connection with these final results to interested parties
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 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 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 (i.e., less
than 0.5 percent), we will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties.
Commerce's ``automatic assessment'' practice will apply to entries
of subject merchandise during the POR produced by Toyo Kohan for which
it did not know that the merchandise it sold to an intermediary (e.g.,
a reseller, trading company, or exporter) was destined for the United
States. In such instances, 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,\7\ if there is no
rate for the intermediate company(ies) involved in the transaction.
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\7\ See Order, 79 FR 30816.
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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 cash 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 that
is 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 or reviewed companies not listed
above, 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 participated; (3) if the exporter is
not a firm covered in this review, a prior review, or the LTFV
investigation, but the producer is, the cash deposit rate will be the
cash deposit rate established for the most recently completed segment
for the producer of the subject 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.\8\
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\8\ See Order, 79 FR 30816.
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Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
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 return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
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 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
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: November 25, 2024.
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: Date of Sale
Comment 2: Incorrect Comparison Market Datasets Used in
Preliminary Results
VI. Recommendation
[FR Doc. 2024-28275 Filed 12-2-24; 8:45 am]
BILLING CODE 3510-DS-P
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