[Federal Register Volume 79, Number 103 (Thursday, May 29, 2014)]
[Notices]
[Pages 30816-30817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12509]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-869]


Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From 
Japan: Antidumping Duty Order

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

DATES: Effective Date: May 29, 2014.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the International Trade Commission (ITC), 
the Department is issuing an antidumping duty order on diffusion-
annealed, nickel-plated flat-rolled steel products (certain nickel-
plated, flat-rolled steel) from Japan.

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

    In accordance with sections 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (the Act), on April 10, 2014, the Department 
published the final determination of sales at less than fair value in 
the antidumping duty investigation of certain nickel-plated, flat-
rolled steel from Japan.\1\ On May 21, 2014, the ITC notified the 
Department of its affirmative determination, pursuant to section 735(b) 
of the Act, that an industry in the United States is materially injured 
by reason of less-than-fair-value imports from Japan of certain nickel-
plated, flat-rolled steel.\2\ Pursuant to section 736(a) of the Act, 
the Department is publishing an antidumping duty order on the subject 
merchandise.
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    \1\ See Notice of Affirmative Final Determination of Sales at 
Less Than Fair Value: Diffusion-Annealed, Nickel-Plated Flat-Rolled 
Steel Products from Japan, 79 FR 19868 (April 10, 2014).
    \2\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan (Inv. No. 731-TA-1206 (Final), USITC Publication 
4466, May 2014).
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Scope of the Order

    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.

Antidumping Duty Order

    As stated above, on May 21, 2014, in accordance with section 735(d) 
of the Act, the ITC notified the Department of its final determination 
in this investigation, in which it found material injury with respect 
to certain nickel-plated, flat-rolled steel from Japan. Because the ITC 
determined that imports of certain nickel-plated, flat-rolled steel 
from Japan are materially injuring a U.S. industry, all unliquidated 
entries of such merchandise from Japan, entered or withdrawn from 
warehouse, are subject to the assessment of antidumping duties.
    Therefore, in accordance with section 736(a)(1) of the Act, the 
Department will direct U.S. Customs and Border Protection (CBP) to 
assess, upon further instruction by the Department, antidumping duties 
equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise, for all relevant entries of certain nickel-plated, flat-
rolled steel from Japan. These antidumping duties will be assessed on 
unliquidated entries of certain nickel-plated, flat-rolled steel from 
Japan entered, or withdrawn from warehouse, for consumption on or after 
November 19, 2013, the date on which the Department published its 
Preliminary Determination,\3\ but will not include entries occurring 
after the expiration of the provisional measures period and before 
publication of the ITC's final injury determination as further 
described below.
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    \3\ 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).
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Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will 
instruct CBP to continue to suspend liquidation on all entries of 
certain nickel-plated, flat-rolled steel from Japan. We will also 
instruct CBP to require cash deposits equal to the amounts by which the 
normal value exceeds the U.S. price as indicated below. These 
instructions

[[Page 30817]]

suspending liquidation will remain in effect until further notice.
    Accordingly, effective on the date of publication of the ITC's 
final affirmative injury determination, CBP will require, at the same 
time as importers would normally deposit estimated duties on this 
subject merchandise, a cash deposit equal to the weighted-average 
dumping margins listed below. See section 736(a)(3) of the Act.

Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of an exporter that accounts for a significant 
proportion of certain nickel-plated, flat-rolled steel from Japan, we 
extended the four-month period to no more than six months.\4\ In the 
underlying investigation, the Department published the Preliminary 
Determination on November 19, 2013.\5\ Therefore, the six-month period 
beginning on the date of the publication of the Preliminary 
Determination will end on May 17, 2014. Furthermore, section 737(b) of 
the Act states that definitive duties are to begin on the date of 
publication of the ITC's final injury determination.
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    \4\ See Letter from Toyo Kohan Co., Ltd. to the Department, 
dated October 28, 2013. See also Letter from Thomas Steel Strip 
Corporation (Petitioner) to the Department, dated October 29, 2013.
    \5\ See Preliminary Determination.
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    Therefore, in accordance with section 733(d) of the Act and our 
practice, we will instruct CBP to terminate the suspension of 
liquidation and to liquidate, without regard to antidumping duties, 
unliquidated entries of certain nickel-plated, flat-rolled steel from 
Japan entered, or withdrawn from warehouse, for consumption after May 
17, 2014, the date provisional measures expired, until and through the 
day preceding the date of publication of the ITC's final injury 
determination in the Federal Register. Suspension of liquidation will 
resume on the date of publication of the ITC's final injury 
determination in the Federal Register.
    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                              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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    This notice constitutes the antidumping duty order with respect to 
certain nickel-plated, flat-rolled steel from Japan pursuant to section 
736(a) of the Act. Interested parties can find an updated list of 
antidumping duty orders currently in effect at http://ia.ita.doc.gov/stats/iastats1.html.
    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: May 22, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12509 Filed 5-28-14; 8:45 am]
BILLING CODE 3510-DS-P