[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)]
[Notices]
[Pages 64327-64329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27120]


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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; 
2016-2017

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

SUMMARY: The Department of Commerce (Commerce) find that diffusion-
annealed, nickel-plated, flat-rolled steel products from Japan have 
been sold at less than normal value during the period of review (POR) 
May 1, 2016, through April 30, 2017.

DATES: Applicable December 14, 2018.

FOR FURTHER INFORMATION CONTACT: Edythe Artman, 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) 482-3931.

SUPPLEMENTARY INFORMATION: 

Background

    On June 11, 2018, Commerce published the Preliminary Results.\1\ A 
summary of the events that occurred since Commerce 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; 2016-2017, 83 FR 26955 (June 11, 2018) 
(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; 2016-2017,'' 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 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. 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

[[Page 64328]]

the Issues and Decision Memorandum are identical in content.
    With regard to NSSMC, we received no comments or submissions since 
the Preliminary Results. Therefore, we continue to find that, in 
accordance with sections 776(a) and (b) of the Act, application of 
facts otherwise available, with an adverse inference, is warranted.\3\
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    \3\ For a full discussion of Commerce's determination to apply 
adverse fact available pursuant to sections 776(a) and (b) of the 
Act, see Preliminary Results at 26956 and accompanying Preliminary 
Decision Memorandum at 3-5.
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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. Commerce has relied on partial facts available under 
section 776(a) and (b) of the Act. In addition, Commerce finds that 
Toyo Kohan failed to cooperate to the best of its ability and thus it 
is applying adverse inferences in selecting from facts available, 
pursuant to section 776(b). For a discussion of these changes, see 
Issues and Decision Memorandum.

Final Results of the Review

    The final dumping margins are as follows for the period May 1, 
2016, through April 30, 2017:

------------------------------------------------------------------------
                                                                Dumping
                    Producer or exporter                        margin
                                                               (percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd.........................................        4.57
Nippon Steel & Sumitomo Metal Corporation...................       77.70
------------------------------------------------------------------------

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).

Assessment Rates

    Commerce 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 Act and 19 CFR 351.212(b)(1).
    For Toyo Kohan, because its weighted-average dumping margin is not 
zero or de minimis (i.e., less than 0.5 percent), Commerce has 
calculated an importer-specific ad valorem duty assessment rate. 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.
    For NSSMC, we will base the assessment rate for the corresponding 
entries on the margin listed above.

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 and NSSMC 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.\4\ These cash 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \4\ 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)(2) 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 Commerce'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 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 7, 2018.
Christian Marsh,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. List of Issues
III. Background
IV. Scope of the Order
V. Application of Partial Facts Available and Use of Adverse 
Inference
VI. Discussion of the Issues
    Comment 1: Failure to Report Actual Production Dates
    Comment 2 Failure to Report Actual Home Market Payment Dates
    Comment 3: Reconciliation of U.S. Sales at Verification
    Comment 4: Rejection of Toyo Kohan's Factual Information to 
Rebut the Verification Report

[[Page 64329]]

    Comment 5: Use of Revised Data in the Final Results of Review
    Comment 6: Failure to Report End-User Customer Codes
VII. Recommendation

[FR Doc. 2018-27120 Filed 12-13-18; 8:45 am]
 BILLING CODE 3510-DS-P