[Federal Register Volume 81, Number 242 (Friday, December 16, 2016)]
[Notices]
[Pages 91116-91118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30306]


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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 Antidumping Duty Administrative Review; 2013-
2015

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

SUMMARY: On June 17, 2016, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on diffusion-annealed, nickel-plated flat rolled 
steel products from Japan.\1\ The review covers one company, Toyo Kohan 
Co., Ltd. (Toyo Kohan). The period of review (POR) is November 19, 2013 
through April 30, 2015. As a result of our analysis of the comments and 
information received, these final results do not differ from the 
Preliminary Results.
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    \1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Preliminary Results of Antidumping Duty 
Administrative Review; 2013-2015, 81 FR 39627 (June 17, 2016) 
(Preliminary Results).

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DATES: Effective December 16, 2016.

FOR FURTHER INFORMATION CONTACT: Dena Crossland or Brian Davis, AD/CVD 
Operations, Office VI, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230; telephone: (202) 482-3362 or (202) 482-7924, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 17, 2016, the Department published the Preliminary Results. 
In accordance with 19 CFR 351.309(c)(1)(ii), we invited parties to 
comment on our Preliminary Results.\2\ We received a case brief from 
Thomas Steel Strip Corporation (Petitioner) on

[[Page 91117]]

August 1, 2016,\3\ and a rebuttal brief from Toyo Kohan on August 12, 
2016.\4\
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    \2\ See Preliminary Results, 81 FR at 39628.
    \3\ See Case Brief of Thomas Steel Strip Corporation, dated 
August 1, 2016 (Petitioner's Case Brief).
    \4\ See Letter from Toyo Kohan to the Department of Commerce 
regarding ``Toyo Kohan's Rebuttal Brief: Diffusion-Annealed, Nickel-
Plated Flat-Rolled Steel Products from Japan,'' dated August 12, 
2016 (Toyo Kohan's Rebuttal Brief).
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    On October 13, 2016, the Department issued a memorandum extending 
the time period for issuing the final results of this administrative 
review from October 15, 2016, to December 9, 2016.\5\
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    \5\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, from 
Dena Crossland, International Trade Compliance Analyst, Antidumping 
and Countervailing Duty Operations, Office VI, through Scot 
Fullerton, Antidumping and Countervailing Duty Operations, Office 
VI, on the subject of ``Diffusion-Annealed, Nickel-Plated Flat-
Rolled Steel Products from Japan: Extension of Deadline for Final 
Results of Antidumping; 2013/2015,'' dated October 13, 2016.
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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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum, which is hereby adopted by this notice.\6\ A list of the 
issues that parties raised and to which we responded is attached to 
this notice as an Appendix. The Issues and 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 and in the Central Records Unit, Room B8024 of 
the main Department of Commerce building. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed directly 
on the Internet at http://enforcement.trade.gov/frn/index.html. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum 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 Results of 
Administrative Review, 2013-2015: Diffusion-Annealed, Nickel-Plated 
Flat-Rolled Steel Products from Japan,'' dated concurrently with 
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 have not 
recalculated Toyo Kohan's weighted-average dumping margin for these 
final results.

Final Results of Review

    The Department determines that, for the period November 19, 2013, 
through April 30, 2015, the weighted-average dumping margin for Toyo 
Kohan Co., Ltd. is zero.

Duty Assessment

    The Department shall determine and U.S. Customs and Border 
Protection (CBP) shall assess antidumping duties on all appropriate 
entries.\7\ Because Toyo Kohan's weighted-average dumping margin is 
zero for these final results of review, we will instruct CBP not to 
assess duties on any of its entries in accordance with 19 CFR 351.212 
and the Final Modification for Reviews, i.e., ``{w{time} here the 
weighted-average margin of dumping for the exporter is determined to be 
zero or de minimis, no antidumping duties will be assessed.'' \8\ 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.
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    \7\ In these final results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012) (Final Modification for 
Reviews).
    \8\ Id. at 8102.
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    For entries of subject merchandise during the POR produced by Toyo 
Kohan for which it did not know its merchandise was destined for the 
United States, we will instruct CBP to liquidate unreviewed entries at 
the all-others rate if there is no rate for intermediate company(ies) 
involved in the transaction. The all-others rate is 45.42 percent.\9\ 
We intend to issue assessment instructions directly to CBP 15 days 
after publication of the final results of this review.
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    \9\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Antidumping Duty Order, 79 FR 30816, 30817 (May 
29, 2014) (Order).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice for all shipments of subject merchandise 
entered, or withdrawn from warehouse, for consumption on or after the 
publication of these final results, as provided by section 751(a)(2) of 
the Tariff Act of 1930, as amended (Act): (1) No cash deposit will be 
required for Toyo Kohan since the rate for Toyo Kohan in the final 
results of this administrative review is zero; (2) for merchandise 
exported by manufacturers or exporters not covered in this 
administrative review but covered in a prior segment of the proceeding, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which that manufacturer or exporter participated; (3) if the exporter 
is not a firm covered in this review, a prior review, or the original 
investigation, but the manufacturer is, the cash deposit rate will be 
the rate established for the most recently completed segment of this 
proceeding for the manufacturer of the subject merchandise; and (4) the 
cash deposit rate for all other manufacturers or exporters will 
continue to be 45.42 percent, the all-others rate established in the 
antidumping investigation.\10\ These cash deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \10\ Id.
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Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final 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

[[Page 91118]]

entries during the POR. Failure to comply with this requirement could 
result in the Department's presumption that reimbursement of 
antidumping duties occurred and the subsequent assessment of doubled 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction 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 the 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.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h).

    Dated: December 9, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Final Issues and Decision 
Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of Interested Party Comments
    Comment 1: Whether Certain of Toyo Kohan's Home Market 
Transactions Were Made Outside the Ordinary Course of Trade and 
Should Be Excluded From Analysis
    Comment 2: U.S. Date of Sale
    Comment 3: Whether the Costs for a Certain Control Number Should 
Be Disregarded
VI. Recommendation

[FR Doc. 2016-30306 Filed 12-15-16; 8:45 am]
 BILLING CODE 3510-DS-P