[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
[Notices]
[Pages 44041-44042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15728]
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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 of the Antidumping Duty Administrative
Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that the producer/exporter subject to this administrative review made
sales of subject merchandise at less than normal value (NV) during the
period of review (POR), May 1, 2018 through April 30, 2019. Interested
parties are invited to comment on these preliminary results.
DATES: Applicable July 21, 2020.
FOR FURTHER INFORMATION CONTACT: Ian Hamilton or Terre Keaton
Stefanova, AD/CVD Operations, Office II, Enforcement and Compliance,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-4798
or (202) 482-1280, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 15, 2019, based on a timely request for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review of the antidumping duty order on diffusion-annealed, nickel-
plated flat-rolled steel products from Japan for one company, Toyo
Kohan Co., Ltd. (Toyo Kohan).\1\ In January 2020, we extended the
preliminary results of this review to no later than May 29, 2020.\2\ On
April 24, 2020, Commerce tolled all deadlines in administrative reviews
by 50 days, thereby extending the deadline for these results until July
20, 2020.\3\ For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\4\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019).
\2\ See Memorandum, ``Diffusion-Annealed, Nickel-Plated Flat-
Rolled Steel Products from Japan: Extension of the Deadline for
Preliminary Results of the 2018-2019 Antidumping Duty Administrative
Review,'' dated January 9, 2020.
\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\4\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2018-2019 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 covered by the order are flat-rolled, cold-reduced
steel products, regardless of chemistry, whether or not in coils,
either plated or coated with nickel or nickel-based alloys and
subsequently annealed (i.e., ``diffusion annealed''), whether or not
painted, varnished or coated with plastics or other metallic or
nonmetallic substances from Japan.\5\ Products subject to the order are
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the merchandise subject to this scope is
dispositive.
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\5\ For a complete description of the scope of the order, see
the Preliminary Decision Memorandum.
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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). Export price is
calculated in accordance with section 772 of the Act. NV 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. 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 http://access.trade.gov. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly at https://enforcement.trade.gov/frn/summary/japan/japan-fr.htm. The signed and
electronic versions of the Preliminary Decision Memorandum are
identical in content. A list of the topics discussed in the Preliminary
Decision Memorandum is attached as an appendix to this notice.
Preliminary Results of the Review
As a result of this review, we preliminarily determine that a
weighted-average dumping margin of 1.28 percent exists for Toyo Kohan
for the period May 1, 2018 through April 30, 2019.
Assessment Rates
Upon completion of this administrative review, Commerce shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
antidumping duties on all appropriate entries.\6\
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\6\ See 19 CFR 351.212(b).
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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 the sales for which entered value was reported. 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 the final
results of this review and for future deposits of estimated duties,
where applicable.\7\
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\7\ See section 751(a)(2)(C) of the Act.
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Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by Toyo Kohan for which Toyo Kohan
did not know that the merchandise it sold to the 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 if there is no rate for the intermediate
company(ies) involved in the transaction.\8\
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\8\ 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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We intend to issue instructions to CBP 15 days after the
publication date of the final results of this review.
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 Toyo Kohan 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 reviewed or investigated
[[Page 44042]]
companies not participating in this review, the cash deposit rate will
continue to be the company-specific cash deposit rate published for the
most recently completed segment; (3) if the exporter is not a firm
covered in this review, a prior review, or the original less-than-fair-
value (LTFV) investigation, but the producer is, then the cash deposit
rate will be the rate established for the most recent segment 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.\9\ These deposit
requirements, when imposed, shall remain in effect until further
notice.
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\9\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29,
2014).
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Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days of the date of publication of this notice in accordance with
19 CFR 351.224(b).\10\ Interested parties may submit case briefs no
later than 30 days after the date of publication of this notice.\11\
Rebuttal briefs, limited to issues raised in the case briefs, may be
filed no later than seven days after the time limit for filing case
briefs.\12\ Parties who submit case briefs or rebuttal briefs in this
proceeding are encouraged to submit with each argument: (1) A statement
of the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\13\ Case and rebuttal briefs should be filed using
ACCESS.\14\ Note that Commerce has temporarily modified certain of its
requirements for serving documents containing business proprietary
information, until further notice.\15\
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\10\ See 19 CFR 351.224(b).
\11\ See 19 CFR 351.309(c).
\12\ See 19 CFR 351.309(d); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See 19 CFR 351.303.
\15\ See Temporary 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 within 30 days after the date of publication of this notice.\16\
Hearing requests should contain: (1) The party's name, address, and
telephone number; (2) the number of participants; and (3) a list of the
issues to be discussed. Issues raised in the hearing will be limited to
issues raised in the briefs. If a request for a hearing is made,
Commerce will inform parties of the scheduled date of the hearing.\17\
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310.
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An electronically-filed document must be received successfully in
its entirety by ACCESS by 5 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless the deadline is extended.\18\
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\18\ See section 751(a)(3)(A) of the Act.
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Notification to Importers
This notice also 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 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 double 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.
Dated: July 14, 2020.
Jeffrey I. Kessler,
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. Currency Conversion
VI. Recommendation
[FR Doc. 2020-15728 Filed 7-20-20; 8:45 am]
BILLING CODE 3510-DS-P