[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19868-19869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08106]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-869]


Notice of Affirmative Final Determination of Sales at Less Than 
Fair Value: Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products From Japan

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On November 19, 2013, the Department of Commerce (the 
Department) published its preliminary determination of sales at less 
than fair value (LTFV) in the antidumping duty investigation of 
diffusion-annealed, nickel-plated flat-rolled steel products (certain 
nickel-plated, flat-rolled steel) from Japan.\1\ The Department invited 
interested parties to comment on the Preliminary Determination. Based 
on the Department's analysis of the comments received, the Department 
made changes to the Preliminary Determination. The Department 
determines that certain nickel-plated, flat-rolled steel from Japan is 
being, or is likely to be, sold in the United States at LTFV, as 
provided in section 735 of the Tariff Act of 1930, as amended (the 
Act). The final weighted-average dumping margins are listed in the 
``Final Determination'' section below.
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    \1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products From Japan: Preliminary Determination of Sales at Less Than 
Fair Value and Postponement of Final Determination, 78 FR 69371 
(November 19, 2013) (Preliminary Determination), and accompanying 
Preliminary Decision Memorandum.

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DATE: Effective: April 10, 2014.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or David Cordell, AD/
CVD Operations, Office VI, Enforcement and Compliance, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3362 or (202) 482-0408, respectively.

SUPPLEMENTARY INFORMATION

Background

    On November 19, 2013, the Department published the Preliminary 
Determination in the Federal Register.\2\ In the Preliminary 
Determination, we stated that we were postponing the final 
determination until no later than 135 days after the publication of the 
Preliminary Determination in accordance with section 735(a)(2)(A) of 
the Act and 19 CFR 351.210(b)(2)(ii).
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    \2\ See Preliminary Determination.
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    Based on the Department's findings at verification, as well as the 
minor corrections presented by Toyo Kohan at the start of verification, 
on January 23, 2014, the Department requested that Toyo Kohan submit 
revised sales and cost databases.\3\ On January 27, 2014, Toyo Kohan 
timely submitted its revised sales and cost databases.\4\
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    \3\ See Letter from Angelica L. Mendoza, Program Manager, Office 
VI, to Toyo Kohan Co., Ltd., dated January 23, 2014.
    \4\ See Toyo Kohan Co. Ltd.'s Letter with Attachments to the 
Secretary of Commerce, dated January 27, 2014.
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    On January 30, 2014, Toyo Kohan and Nippon Steel & Sumitomo Metal 
Corporation (NSSMC) timely submitted their case briefs. On February 6, 
2014, Thomas Steel Strip Corporation (Petitioner) timely submitted a 
rebuttal brief.
    No hearing was held because Toyo Kohan, pursuant to 19 CFR 
351.310(c), withdrew its request for one.\5\
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    \5\ See Letter to the Secretary of Commerce from Toyo Kohan Co., 
Ltd., dated February 11, 2014.
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Period of Investigation

    The period of investigation is January 1, 2012, to December 31, 
2012.

Verification

    As provided in section 782(i) of the Act, the Department verified 
the information submitted by Toyo Kohan for the final determination. 
The Department used standard verification procedures, including 
examination of relevant accounting and production records, as well as 
original source documents provided by Toyo Kohan.

Scope of the Investigation

    The diffusion-annealed, nickel-plated flat-rolled steel products 
included in this investigation 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 investigation, ``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 investigation 
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. The 
foregoing HTSUS subheadings are provided only for convenience and 
customs purposes. The written description of the scope of this 
investigation is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this antidumping investigation are addressed in the Issues and Decision 
Memo, which is dated concurrently with and hereby adopted by this 
notice.\6\ A list of the issues raised is attached to this notice as 
Appendix I. The Issues and Decision Memo is a public document and is on 
file electronically via Enforcement and

[[Page 19869]]

Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (IA ACCESS). IA ACCESS is available to registered users 
at http://iaaccess.trade.gov and in the Central Records Unit (CRU), 
room 7046 of the main Department of Commerce building. In addition, a 
complete version of the Issues and Decision Memo can be accessed 
directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memo and the electronic 
versions of the Issues and Decision Memo are identical in content.
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    \6\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance 
entitled ``Issues and Decision Memorandum for the Final Affirmative 
Determination of Sales at Less-Than-Fair-Value: Diffusion-Annealed, 
Nickel-Plated Flat-Rolled Steel Products from Japan,'' dated 
concurrently with this notice (Issues and Decision Memo).
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Changes Since the Preliminary Determination

    Based on our analysis of the comments received and our findings at 
verifications, we have made certain changes to the margin calculation 
for Toyo Kohan.\7\
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    \7\ For a discussion of these changes, see Memorandum to the 
file, through Angelica Mendoza, Program Manager, Office VI, from 
Dena Crossland, International Trade Compliance Analyst, Office VI, 
entitled ``Analysis of Data Submitted by Toyo Kohan Co., Ltd. in the 
Final Affirmative Determination of the Antidumping Duty 
Investigation of Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan'' dated April 3, 2014; see also Memorandum to 
Neal M. Halper, Director, Office of Accounting, through Michael P. 
Martin, Lead Accountant, from Gary Urso, Senior Accountant, 
entitled, ``Cost of Production Calculation Adjustments for the Final 
Determination--Toyo Kohan Co., Ltd.,'' dated April 3, 2014.
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Final Determination

    The Department determines that the following dumping margins exist 
for the period January 1, 2012, to December 31, 2012:

------------------------------------------------------------------------
                                                     Weighted-Average
             Manufacturer/Exporter                  margin  (percent)
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Toyo Kohan Co., Ltd............................                    45.42
Nippon Steel & Sumitomo Metal Corporation......                    77.70
All Others.....................................                    45.42
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Disclosure

    We intend to disclose to parties in this proceeding the 
calculations performed within five days of the date of publication of 
this notice in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    Pursuant to section 735(c)(1)(B) of the Act, we will instruct U.S. 
Customs and Border Protection (CBP) to continue to suspend liquidation 
of all entries of certain nickel-plated, flat-rolled steel from Japan 
which were entered, or withdrawn from warehouse, for consumption on or 
after November 19, 2013, the date of publication of the Preliminary 
Determination. We will instruct CBP to require a cash deposit equal to 
the weighted-average amount by which normal value exceeds U.S. price, 
as follows: (1) The rates for Toyo Kohan and NSSMC will be the rates we 
have determined in this final determination; (2) if the exporter is not 
a firm identified in this investigation but the producer is, the rate 
will be the rate established for the producer of the subject 
merchandise; (3) the rate for all other producers or exporters will be 
45.42 percent, as discussed in the ``All Others Rate'' section, below. 
These suspension of liquidation instructions will remain in effect 
until further notice.

All Others Rate

    Section 735(c)(5)(A) of the Act provides that the estimated ``all 
others'' rate shall be an amount equal to the weighted average of the 
estimated weighted-average dumping margins established for exporters 
and producers individually investigated, excluding any zero or de 
minimis margins and any margins determined entirely under section 776 
of the Act. Toyo Kohan is the only respondent in this investigation for 
which we calculated a company-specific rate that is not zero, de 
minimis, or determined entirely under section 776 of the Act. 
Therefore, for purposes of determining the ``all others'' rate and 
pursuant to section 735(c)(5)(A) of the Act, we are using the dumping 
margin calculated for Toyo Kohan, 45.42 percent, for the ``all others'' 
rate, as referenced above.

U.S. International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
U.S. International Trade Commission (ITC) of our final determination. 
As our final determination is affirmative, in accordance with section 
735(b)(2) of the Act the ITC will determine within 45 days whether the 
domestic industry in the United States is materially injured, or 
threatened with material injury, by reason of imports or sales (or the 
likelihood of sales) for importation of the subject merchandise. If the 
ITC determines that such injury does exist, the Department will issue 
an antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding Administrative Protective Order

    This notice also serves as a final 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. Timely notification of the 
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.
    This determination is issued and published pursuant to sections 
735(d) and 777(i)(l) of the Act.

    Dated: April 3, 2014.
Paul Piquado,
Assistant Secretary, for Enforcement and Compliance.

Appendix I

Issues and Decision Memorandum

I. Summary
II. Background
III. Period of Investigation
IV. Scope of the Investigation
V. Discussion of Issues
Issue 1: Whether Toyo Kohan's Overrun Sales Were Made Outside the 
Ordinary Course of Trade
Issue 2: Whether the Scope of the Investigation is Ambiguous
Issue 3: Whether the Final Determination Reflects the Department's 
Conclusions from Its Cost Verification
    A. Scrap Revenue
    B. Financial Expense Ratio
    C. Alternative Cost Database
[FR Doc. 2014-08106 Filed 4-9-14; 8:45 am]
BILLING CODE 3510-DS-P