[Federal Register Volume 84, Number 224 (Wednesday, November 20, 2019)]
[Notices]
[Pages 64042-64044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25154]
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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 the Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) finds that one of the
producers/exporters subject to this administrative review did not make
sales of subject merchandise at less than normal value and the other
made no shipments of subject merchandise during the period of review
(POR), May 1, 2017 through April 30, 2018.
DATES: Applicable November 20, 2019.
FOR FURTHER INFORMATION CONTACT: Ian Hamilton, 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.
SUPPLEMENTARY INFORMATION:
Background
This review covers two producers/exporters, Toyo Kohan Co., Ltd.
(Toyo Kohan) and Nippon Steel & Sumitomo Metal Corporation (Nippon
Steel). On July 17, 2019, Commerce published the Preliminary
Results.\1\ On August 16,
[[Page 64043]]
2019, we received a case brief from Thomas Steel Strip Corporation, the
petitioner in this administrative review.\2\ On August 26, 2019, we
received a rebuttal brief from Toyo Kohan.\3\ Commerce conducted this
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 of the Antidumping Duty
Administrative Review and Preliminary Determination of No Shipments;
2017-2018, 84 FR 34131 (July 17, 2019) (Preliminary Results).
\2\ See Petitioner's Case Brief, ``Diffusion-Annealed, Nickel-
Plated Flat-Rolled Steel Products from Japan: Case Brief of Thomas
Steel Strip Corporation,'' dated August 16, 2019.
\3\ See Toyo Kohan's Rebuttal Brief, ``Toyo Kohan's Rebuttal
Brief, Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products
from Japan,'' dated August 26, 2019.
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Scope of the Order
The merchandise subject to the order is diffusion-annealed, nickel-
plated flat-rolled steel products from Japan. The product is currently
classified under 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 product description remains dispositive. For a complete
description of the scope of the order, see Appendix I of this notice.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs are listed in
Appendix II to this notice and addressed in the Issues and Decision
Memorandum.\4\ Interested parties can find a complete discussion of
these issues and the corresponding recommendations in this public
memorandum, which is on file electronically via Enforcement and
Compliance's Antidumping (AD) and Countervailing Duty Centralized
Electronic Service System (ACCESS). ACCESS is available to registered
users at http://access.trade.gov, and ACCESS is also available to all
interested parties in the Central Records Unit, Room B8024, of the main
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed and electronic
versions of the Issues and Decision Memorandum are identical in
content.
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\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2017-2018 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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Changes Since the Preliminary Results
Based on a review of the record and comments received from
interested parties regarding our Preliminary Results, we made changes
to the preliminary margin calculations for Toyo Kohan.\5\ However, as a
result of these revisions, the weighted-average margin for Toyo Kohan
did not change from that presented in the Preliminary Results.
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\5\ See Issues and Decision Memorandum at 2.
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Determination of No Shipments
As noted in the Preliminary Results, we received a properly-filed
no shipment claim from Nippon Steel and confirmed the company's claim
with U.S. Customs and Border Protection (CBP).\6\ We received no
comments from interested parties with respect to this claim. Therefore,
because the record indicates that Nippon Steel did not export subject
merchandise to the United States during the POR, we continue to find
that Nippon Steel had no shipments during the POR.
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\6\ See Preliminary Results, 84 FR at 34131.
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Final Results of the Review
We are assigning the following weighted-average dumping margin to
the firm listed below for the period May 1, 2017 through April 30,
2018:
------------------------------------------------------------------------
Weighted-
average
Producer or exporter dumping
margin
(percent)
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Toyo Kohan Co., Ltd........................................ 0.00
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Disclosure of Calculations
We intend to disclose the calculations performed within five days
of the date of publication of this notice to parties in this
proceeding, 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, AD duties on all appropriate entries of
subject merchandise in accordance with the final results of 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 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 AD duties. The
final results of this review shall be the basis for the assessment of
AD 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 liquidation instructions to CBP 15 days after
publication 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 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 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, or the original less than-fair-value
(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 merchandise; and (4) the cash deposit
rate for all other producers or exporters will continue to be 45.42
percent, the all-others rate
[[Page 64044]]
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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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 AD duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of AD duties occurred and the subsequent assessment of
double AD duties.
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 Interested Parties
This notice is issued and published in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: November 14, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I
The diffusion-annealed, nickel-plated flat-rolled steel products
included in this 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;
and less than or equal to 2.0 mm in nominal thickness. For purposes
of this order, ``nickel-based alloys'' include all nickel alloys
with other metals in which nickel accounts for at least 80 percent
of the alloy by volume.
Imports of merchandise included in the scope of this order are
classified primarily under Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000, but may
also be classified under HTSUS subheadings 7210.70.6090,
7212.40.1000, 7212.40.5000, 7219.90.0020, 7219.90.0025,
7219.90.0060, 7219.90.0080, 7220.90.0010, 7220.90.0015,
7225.99.0090, or 7226.99.0180. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written
description of the scope of this order is dispositive.
Appendix II
List of Topics Discussed in the IDM
I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
Comment 1: Time Periods Used in the Cohen's d Test
Comment 2: Window Periods Used to Define the Universe of Home
Market Sales
Comment 3: Purchasers Used in the Cohen's d Test
V. Recommendation
[FR Doc. 2019-25154 Filed 11-19-19; 8:45 am]
BILLING CODE 3510-DS-P