[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26046-26048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11672]


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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 Antidumping Duty Administrative Review, 
Preliminary Determination of No Shipments; 2015-2016

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

SUMMARY: The Department of Commerce (the Department) is conducting an 
administrative review of the antidumping duty order on diffusion-
annealed, nickel-plated flat-rolled steel products (certain nickel-
plated, flat-rolled steel) from Japan.\1\ The period of review (POR) is 
May 1, 2015, through April 30, 2016. The review covers two producers/
exporters of the subject merchandise, Toyo Kohan Co., Ltd. (Toyo Kohan) 
and Nippon Steel & Sumitomo Metals Corporation (NSSMC). We 
preliminarily determine that sales of subject merchandise by Toyo Kohan 
were made at less than normal value during the POR. We also 
preliminarily determine that NSSMC did not have reviewable entries 
during the POR. Interested parties are invited to comment on these 
preliminary results.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 44260 (July 7, 2016) (Initiation 
Notice).

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DATES: Effective June 6, 2017.

FOR FURTHER INFORMATION CONTACT: 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) 482-7924, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On May 2, 2016, the Department published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
certain nickel-plated, flat-rolled steel from Japan.\2\ On May 11, 
2016, respondent Toyo Kohan requested that the Department conduct an 
administrative review of its sale and shipments to the United States 
during the POR.\3\ On May 31, 2016, the petitioner, Thomas Steel Strip 
Corporation (Thomas Steel), requested that the Department conduct 
administrative reviews of Toyo Kohan and NSSMC.\4\ On July 7, 2016, in 
response to these timely requests, and in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 
351.221(c)(1)(i), the Department initiated an administrative review of 
the antidumping duty order on certain nickel-plated, flat-rolled steel 
from Japan with respect to both Toyo Kohan and NSSMC.\5\
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    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 81 FR 26206 (May 2, 2016).
    \3\ See Letter from Toyo Kohan to the Department regarding 
``Toyo Kohan's Request for Antidumping Administrative Review, 
Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products from 
Japan,'' dated May 11, 2016.
    \4\ See Letter from Thomas Steel to the Department regarding 
``Diffusion-Annealed Nickel-Plated Flat-Rolled Steel from Japan: 
Request for Second Administrative Review of Antidumping Order,'' 
dated May 31, 2016.
    \5\ See Initiation Notice, 81 FR at 44262.
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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. The 
foregoing HTSUS subheadings are provided only for convenience and 
customs purposes. The written description of the scope of this order is 
dispositive.

[[Page 26047]]

Preliminary Determination of No Shipments

    Subsequent to the initiation of this administrative review, the 
Department received a timely submission from NSSMC certifying that it 
did not have sales, shipments, or exports of subject merchandise to the 
United States during the POR.\6\ To confirm NSSMC's no shipment claim, 
the Department issued a no-shipment inquiry to U.S. Customs and Border 
Protection (CBP) requesting that it review NSSMC's no-shipment 
claim.\7\ CBP did not report that it had any information to contradict 
NSSMC's claim of no shipments during the POR.\8\ Therefore, we 
preliminarily determine that NSSMC had no shipments to the United 
States, and therefore, no reviewable entries, during the POR. In 
addition, we find it is not appropriate to rescind the review with 
respect to NSSMC, but, rather to complete the review and issue 
appropriate instructions to CBP based on the final results of the 
review, consistent with our practice.\9\
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    \6\ See Letter from NSSMC to the Department regarding 
``Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products from 
Japan: Certification on No U.S. Sales During Administrative Review 
Period,'' dated August 5, 2016 and Letter from NSSMC to the 
Department regarding ``Diffusion-Annealed Nickel-Plated Flat-Rolled 
Steel Products from Japan: Response to July 25, 2016 Department 
Questionnaire,'' dated August 10, 2016.
    \7\ See the Memorandum to the File from Dena Crossland, 
``Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from 
Japan: No Shipments During the Period of Review from Nippon Steel & 
Sumitomo Metals Corporation,'' dated May 11, 2017.
    \8\ Id.
    \9\ See e.g., Certain Frozen Warmwater Shrimp from Thailand; 
Preliminary Results of Antidumping Duty Administrative Review, 
Partial Rescission of Review, Preliminary Determination of No 
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged 
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of 
Antidumping Duty Administrative Review, Final Determination of No 
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 
(August 28, 2014).
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Methodology

    The Department is conducting this review in accordance with section 
751(a)(2) of the Act. For Toyo Kohan, export price is calculated in 
accordance with section 772 of the Act. Normal value is calculated in 
accordance with section 773 of the Act. For a full description of the 
methodology underlying our conclusions, see the memorandum from Gary 
Taverman, Deputy Assistant Secretary for AD/CVD Operations, to Ronald 
K. Lorentzen, Acting Assistant Secretary for Enforcement and 
Compliance, titled ``Decision Memorandum for Preliminary Results of 
Antidumping Duty Administrative Review: Diffusion-Annealed, Nickel-
Plated Flat-Rolled Steel Products (Certain Nickel-Plated, Flat-Rolled 
Steel) from Japan; 2015-2016'' (Preliminary Decision Memorandum), which 
is issued concurrent with and hereby adopted by this notice.
    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 to ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records 
Unit, Room B8024 of the main Department of Commerce building. In 
addition, a complete version of the Preliminary Decision Memorandum can 
be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. A list of topics discussed in the Preliminary Decision 
Memorandum is attached as an Appendix to this notice. The signed 
Preliminary Decision Memorandum and the electronic versions of the 
Preliminary Decision Memorandum are identical in content.

Preliminary Results of Review

    We preliminarily determine that, for the period May 1, 2015, 
through April 30, 2016, the following dumping margin exists:

------------------------------------------------------------------------
                                                            Weighted-
                 Manufacturer/exporter                    average margin
                                                            (percent)
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Toyo Kohan Co., Ltd....................................            1.42
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Disclosure and Public Comment

    The Department will disclose to parties to the proceeding any 
calculations performed in connection with these preliminary results of 
review within five days after the date of publication of this 
notice.\10\ Interested parties may submit case briefs to the Department 
in response to these preliminary results no later than 30 days after 
the publication of these preliminary results.\11\ Rebuttal briefs, the 
content of which is limited to the issues raised in the case briefs, 
must be filed within five days from the deadline date for the 
submission of case briefs.\12\
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    \10\ See 19 CFR 351.224(b)
    \11\ See 19 CFR 351.309(c)(1)(ii).
    \12\ See 19 CFR 351.309(d)(1) and (2).
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    Parties who submit arguments in this proceeding are requested 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\ Executive 
summaries should be limited to five pages total, including footnotes. 
Case and rebuttal briefs should be filed using ACCESS.\14\ In order to 
be properly filed, ACCESS must successfully receive an electronically-
filed document in its entirety by 5 p.m. Eastern Time. Case and 
rebuttal briefs must be served on interested parties.\15\
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    \13\ See 19 CFR 351.309(c)(2) and (d)(2).
    \14\ See generally 19 CFR 351.303.
    \15\ See 19 CFR 351.303(f).
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    Within 30 days of the date of publication of this notice, 
interested parties may request a public hearing on arguments raised in 
the case and rebuttal briefs.\16\ Unless the Department specifies 
otherwise, the hearing, if requested, will be held two days after the 
date for submission of rebuttal briefs.\17\ Hearing requests should be 
electronically submitted to the Department via ACCESS.\18\ The 
Department's electronic records system, ACCESS, must successfully 
receive an electronically-filed document in its entirety by 5:00 p.m. 
Eastern Time within 30 days after the date of publication of this 
notice. Requests should contain: (1) The party's name, address, and 
telephone number; (2) the number of participants; and (3) a list of 
issues to be discussed. Issues raised in the hearing will be limited to 
those raised in the respective case and rebuttal briefs.\19\ Parties 
will be notified of the time and location of the hearing.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 351.310(d)(1).
    \18\ See generally, 19 CFR 351.303.
    \19\ See 19 CFR 351.310(c).
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    The Department intends to publish the final results of this 
administrative review, including the results of its analysis of issues 
addressed in any case or rebuttal brief, no later than 120 days after 
publication of the preliminary results, unless extended.\20\
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    \20\ See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).
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Assessment Rates

    Upon completion of this administrative review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries.\21\ If Toyo Kohan's weighted-average dumping margin is not 
zero or de minimis in the final results of this review, we will 
calculate importer-specific assessment rates on the basis of the ratio 
of the total amount of antidumping duties calculated for an importer's 
examined sales and the total entered value of such sales in accordance 
with 19 CFR 351.212(b)(1). If Toyo Kohan's weighted-average

[[Page 26048]]

dumping margin is zero or de minimis in the final results of review, we 
will instruct CBP not to assess duties on any of its entries in 
accordance with 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.'' \22\ 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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    \21\ See 19 CFR 351.212(b)(1).
    \22\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
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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.\23\ In addition, if the Department 
determines that NSSMC had no shipments of subject merchandise, any 
suspended entries that entered under NSSMC's case number will be 
liquidated at the all-other's rate.\24\ The all-others rate is 45.42 
percent.\25\ We intend to issue liquidation instructions to CBP 15 days 
after publication of the final results of this review.
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    \23\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
    \24\ Id.
    \25\ 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 the final results of this administrative review 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 administrative review 
(except, if the rate is zero or de minimis, no cash deposit will be 
required); (2) for merchandise exported by manufacturers or exporters 
not covered in this review but covered in a prior segment of this 
proceeding, the cash deposit rate will continue to be the company-
specific rate published for the most recent period; (3) if the exporter 
is not a firm covered in this review, a prior review, or in the less-
than-fair value investigation but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be the all-others 
rate of 45.42 percent, which is the all-others rate established in the 
investigation.\26\ These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
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    \26\ See Order, 79 FR at 30817.
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Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) 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 the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    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)(1).

    Dated: May 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Finding of No Shipments
V. Comparisons to Normal Value
VI. Product Comparisons
VII. Discussion of Methodology
    A. Determination of Comparison Method
    B. Results of the Differential Pricing Analysis
    C. Date of Sale
    D. Export Price
    E. Normal Value
    1. Home Market Viability
    2. Level of Trade
    3. Sales to Affiliated Customers
    4. Cost of Production Analysis
    5. Cost of Production Test
    6. Calculation of Normal Value Based on Comparison Market Prices
    7. Price-to-Constructed Value Comparisons
    8. Constructed Value
    F. Currency Conversion
VIII. Recommendation

[FR Doc. 2017-11672 Filed 6-5-17; 8:45 am]
 BILLING CODE 3510-DS-P