Non-Oriented Electrical Steel From Japan: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
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Issuing agencies
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that Nippon Steel Corporation (NSC) sold non-oriented electrical steel (NOES) from Japan in the United States at prices below normal value (NV) during the period December 1, 2022, through November 30, 2023, (the POR). Commerce invites interested parties to comment on these preliminary results of review.
Full Text
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<title>Federal Register, Volume 90 Issue 69 (Friday, April 11, 2025)</title>
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[Federal Register Volume 90, Number 69 (Friday, April 11, 2025)]
[Notices]
[Pages 15447-15449]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-06223]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-872]
Non-Oriented Electrical Steel From Japan: Preliminary 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) preliminarily
determines that Nippon Steel Corporation (NSC) sold non-oriented
electrical steel (NOES) from Japan in the United States at prices below
normal value (NV) during the period December 1, 2022, through November
30, 2023, (the POR). Commerce invites interested parties to comment on
these preliminary results of review.
DATES: Applicable April 11, 2025.
FOR FURTHER INFORMATION CONTACT: Krisha Hill, AD/CVD Operations, Office
IV, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482-4037.
SUPPLEMENTARY INFORMATION:
Background
On December 3, 2014, Commerce published in the Federal Register the
antidumping duty order on NOES from Japan.\1\ On December 1, 2023,
Commerce published in the Federal Register a notice of opportunity to
request an administrative review of the Order for the POR.\2\ On
February 8, 2024, based on a timely request for a review from Nippon
Steel Corporation (NSC), and pursuant to section 751(a)(1) of the
Tariff Act of 1930, as amended
[[Page 15448]]
(the Act),\3\ Commerce initiated an administrative review of the Order
covering one company, NSC.\4\
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\1\ See Non-Oriented Electrical Steel from the People's Republic
of China, Germany, Japan, the Republic of Korea, Sweden, and Taiwan:
Antidumping Duty Orders, 79 FR 71741 (December 3, 2014) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 83917 (December
1, 2023).
\3\ See Nippon Steel Corporation's Letter, ``Non-Oriented
Electrical Steel from Japan: NSC's Request for Administrative
Review,'' dated January 2, 2024.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 89 FR 8641 (February 8, 2024).
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\5\ On August 27, 2024,
Commerce extended the time period for issuing the preliminary results
in this review until no later than January 3, 2025.\6\ On December 9,
2024, Commerce tolled certain deadlines in this administrative
proceeding by 90 days.\7\ On April 3, 2025, Commerce extended the time
period for issuing the preliminary results.\8\ The deadline for issuing
the preliminary results of this review is now April 7, 2025.
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\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\6\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated August
27, 2024.
\7\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\8\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated April 3,
2025.
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For a complete description of the events that followed the
initiation of this administrative review, see the Preliminary Decision
Memorandum.\9\ A list of topics included in the Preliminary Decision
Memorandum is included 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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\9\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Non-Oriented Electrical Steel 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 product covered by the Order is non-oriented electrical steel
from Japan. For a complete description of the scope of the Order, see
the Preliminary Decision Memorandum.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Act. Pursuant to sections 776(a) and
(b) of the Act, Commerce preliminarily assigned a weighted average
dumping margin to NSC based on facts available with adverse inferences
(AFA). For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
Commerce preliminarily determines that the following weighted-
average dumping margin exists:
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Weighted- average
Exporter or producer dumping margin
(percent)
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Nippon Steel Corporation............................. 204.79
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Disclosure and Public Comment
Normally, Commerce discloses to parties to the proceeding the
calculations performed in connection with a preliminary results of
review within five days of any public announcement of the preliminary
results or, if there is no public announcement, within five days of the
date of publication of the notice of preliminary results of review in
the Federal Register, in accordance with 19 CFR 351.224(b). However,
because Commerce preliminarily applied a weighted-average dumping
margin based on AFA to the sole respondent under review, there are no
calculations to disclose.
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\10\ 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.\11\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) a statement of the issue; and (2) a table of
authorities.\12\ All briefs must be filed electronically using ACCESS.
An electronically filed document must be received successfully in its
entirety in ACCESS by 5:00 p.m. Eastern Time on the established
deadline.
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\10\ See 19 CFR 351.309.
\11\ 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).
\12\ 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.\13\ 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).\14\
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\13\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\14\ See APO and Service Final Rule.
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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. Requests should contain: (1) the requesting party's name,
address, and telephone number; (2) the number of individuals from the
requesting party that will attend the hearing and whether any of those
individuals is a foreign national; and (3) a list of the issues the
party intends to discuss at the hearing. Issues raised in the hearing
by a party will be limited to those raised in the party's case and
rebuttal 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 in the Federal Register. If a request for a
hearing is made, Commerce will inform parties of the scheduled date for
the hearing.\15\
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\15\ See 19 CFR 351.310(d).
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Assessment of Antidumping Duties
Upon issuance of the final results of this review, Commerce will
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries covered by this
review.\16\ If Commerce continues to base NSC's weighted-average
dumping margin upon total AFA in the final results of this review, then
Commerce
[[Page 15449]]
will instruct CBP to assess antidumping duties on subject merchandise
sold by NSC and entered, or withdrawn from warehouse, for consumption
during the POR at a rate equal to the weighted-average dumping margin
in the final results. If Commerce calculates a weighted-average dumping
margin for NSC in the final results of this review, then: (1) if that
weighted-dumping margin is above de minimis, Commerce will calculate
importer-specific ad valorem assessment rates by dividing the total
amount of dumping calculated in the final results of this review for
all reviewed U.S. sales to the importer/customer by the total entered
value of the merchandise sold to the importer/customer; \17\ (2) if
either NSC's ad valorem weighted-average dumping margin is zero or de
minimis, or an importer-specific ad valorem assessment rate is zero or
de minimis Commerce will instruct CBP to liquidate the appropriate
entries without regard to antidumping duties; \18\ and (3) for entries
that were not reported in NSC's U.S. sales data but that were entered
under the CBP 10-digit case number applicable to entries of NSC's
subject merchandise, Commerce will instruct CBP to liquidate such
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\19\ The final results of this
administrative review shall be the basis for the assessment of
antidumping duties on entries of the merchandise under review and for
future deposits of estimated duties, where applicable.
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\16\ See 19 CFR 351.212(b).
\17\ See 19 CFR 351.212(b)(1).
\18\ See Final Modification for Reviews, 77 FR at 8103; see also
19 CFR 351.106(c)(2).
\19\ For a full discussion 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, in accordance with 19 CFR 356.8(a). 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 statutory
injunction has expired (i.e., within 90 days of publication).
Cash Deposit Requirements
The following cash deposit requirements for estimated antidumping
duties will be effective for all shipments of subject merchandise
entered, or withdrawn from warehouse, for consumption on, or after, the
date of publication of the notice of the final results of this
administrative review in the Federal Register, as provided for by
section 751(a)(2)(C) of the Act: (1) for merchandise exported by NSC,
the cash deposit rate for NSC will be equal to the weighted-average
dumping margin established for the company in the final results of the
review unless that rate is de minimis (i.e., less than 0.5 percent), in
which case the cash deposit rate will be zero; (2) the cash deposit
rate for an exporter not covered by this administrative review, but
covered in a prior completed segment of this proceeding, will continue
to be the that exporter's existing company-specific cash deposit rate;
(3) if the exporter is not covered by this administrative review, or a
completed segment of this proceeding, but the producer of the subject
merchandise is covered, the cash deposit rate will be the producers'
existing company-specific cash deposit rate; (4) the cash deposit rate
for all other producers and exporters will continue to be 135.59
percent, the all-others cash deposit rate established in the Final
Determination of the less-than-fair-value investigation in this
proceeding.\20\
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\20\ See Order, 79 FR at 71743.
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These cash deposit requirements, when imposed, shall remain in
effect until further notice.
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 duties prior to liquidation
of the relevant entries during this period of review. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results of
administrative review in accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR 351.213(h) and 351.221(b)(4).
Dated: April 7, 2025.
Christopher Abbott,
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. Affiliation
V. Application of Facts Available and Use of Adverse Inferences
VI. Recommendation
[FR Doc. 2025-06223 Filed 4-10-25; 8:45 am]
BILLING CODE 3510-DS-P
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