[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Pages 57715-57717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26380]


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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; 2015-
2016

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

SUMMARY: On June 6, 2017, the Department of Commerce (the Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on diffusion-
annealed, nickel-plated flat-rolled steel products (nickel-plated, 
flat-rolled steel) from Japan. The review covers two producers/
exporters of the subject merchandise, Toyo Kohan Co., Ltd (Toyo Kohan) 
and Nippon Steel & Sumitomo Metals Corporation (NSSMC). The period of 
review (POR) is May 1, 2015, through April 30, 2016. As a result of our 
analysis of the comments and information received, these final results 
differ from the preliminary results of review. For the final weighted-
average dumping margin, see the ``Final Results of Review'' section, 
below. Further, we continue to find that NSSMC had no reviewable 
shipments of subject merchandise during the POR.

DATES: Applicable December 7, 2017.

FOR FURTHER INFORMATION CONTACT: Madeline Heeren, 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) 482-9179.

SUPPLEMENTARY INFORMATION:

Background

    On June 6, 2017, the Department published the Preliminary 
Results.\1\ A summary of the events that occurred since the Department 
published these results, as well as a full discussion of the issues 
raised by parties for these final results, may be found in the Issues 
and Decision Memorandum, which is hereby adopted by this notice.\2\
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    \1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Preliminary Results of Antidumping Duty 
Administrative Review, Preliminary Determination of No Shipments; 
2015-2016, 82 FR 26046 (June 6, 2017) (Preliminary Results) and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan; 2015-2016,'' dated concurrently with and hereby 
adopted by this notice (Issues and Decision Memorandum).
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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

[[Page 57716]]

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.

Final Determination of No Shipments

    In the Preliminary Results, the Department determined that NSSMC 
had no shipments during the POR.\3\ Following publication of the 
Preliminary Results, we received no comments from interested parties 
regarding this determination. As a result, and because the record 
contains no evidence to the contrary, we find that NSSMC made no 
shipments during the POR. Accordingly, consistent with the Department's 
practice, we intend to instruct U.S. Customs and Border Protection 
(CBP) to liquidate any existing entries of merchandise produced by 
NSSMC, but exported by other parties without their own rate, at the 
all-others rate.\4\
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    \3\ See Preliminary Results, 82 FR at 26047, and accompanying 
Preliminary Decision Memorandum, at 2-3.
    \4\ See, e.g., Magnesium Metal from the Russian Federation: 
Preliminary Results of Antidumping Duty Administrative Review, 75 FR 
26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the 
Russian Federation: Final Results of Antidumping Duty Administrative 
Review, 75 FR 56989, 56990 (September 17, 2010).
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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. A list of the issues raised by parties 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 https://access.trade.gov and it 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 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.

Changes Since the Preliminary Results

    Based on our review of the record and comments received from 
interested parties, we made certain changes to the margin calculations 
for Toyo Kohan. For a discussion of these changes, see Issues and 
Decision Memorandum.

Final Results of the Review

    The final weighted-average dumping margins are as follows for the 
period May 1, 2015, through April 30, 2016:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                    Producer or exporter                       dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd........................................         1.59
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Disclosure

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

Duty Assessment

    The Department shall determine, and CBP shall assess, antidumping 
duties on all appropriate entries covered by this review pursuant to 
section 751(a)(2)(C) of the Tariff Act of 1930, as amended (the Act) 
and 19 CFR 351.212(b).
    For Toyo Kohan, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), the Department has 
calculated importer-specific ad valorem duty assessment rates. We 
calculated importer-specific ad valorem antidumping duty rates by 
aggregating the total amount of dumping calculated for the importer's 
examined sales and dividing each of these amounts by the total entered 
value associated with those sales. We will instruct CBP to assess 
antidumping duties on all appropriate entries covered by this review 
where an importer-specific assessment is above de minimis. Pursuant to 
19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard 
to antidumping duties any entries for which the importer-specific 
assessment rate is zero or de minimis.
    As noted in the ``Final Determinaton of No Shipments'' section, 
above, the Department will instruct CBP to liquidate any existing 
entries of merchandise produced by NSSMC but exported by other parties, 
at the rate for the intermediate reseller, if available, or at the all-
others rate.\5\ We intend to issue assessment instructions directly to 
CBP 15 days after publication of the final results of this review.
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    \5\ 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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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 Act: (1) The cash deposit rate for Toyo Kohan will be the rate 
established in the final results of this administrative review; (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; 
(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.\6\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \6\ 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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Notification to Importers

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

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective orders (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

[[Page 57717]]

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 1, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Discussion of the Issues
    Comment 1: Classification of EP Sales as CEP Sales
    Comment 2: Using Lower of Cost Method or Market Rule for Overrun 
Production Costs
    Comment 3: The Department Should Correct Certain Clerical Errors 
in its Preliminary Results
VI. Recommendation

[FR Doc. 2017-26380 Filed 12-6-17; 8:45 am]
 BILLING CODE 3510-DS-P