[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Notices]
[Pages 34131-34132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15192]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-588-869]
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From
Japan: Preliminary Results of the Antidumping Duty Administrative
Review and Preliminary Determination of No Shipments; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
that one of the producers/exporters subject to this administrative
review did not make sales of subject merchandise at less than normal
value (NV) and the other made no sales of subject merchandise during
the period of review (POR) May 1, 2017 through April 30, 2018.
Interested parties are invited to comment on these preliminary results
of review.
DATES: Applicable July 17, 2019.
FOR FURTHER INFORMATION CONTACT: Ian Hamilton, AD/CVD Operations,
Office II, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-4798.
Scope of the Order
The products covered by the 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 from Japan. Products subject to the order are
currently classified in the Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the merchandise subject to this scope is
dispositive.\1\
---------------------------------------------------------------------------
\1\ For a full description of the scope of the order, see
Memorandum, ``Decision Memorandum for the Preliminary Results of the
2017-2018 Administrative Review of the Antidumping Duty Order on
Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from
Japan,'' dated concurrently with, and hereby adopted by, this notice
(Preliminary Decision Memorandum).
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2018, based on a timely request for review, in
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative
review on diffusion-annealed, nickel-plated, flat-rolled steel products
from Japan.\2\ This review covers two producers and exporters of the
subject merchandise. In November 2018, we extended the preliminary
results of this review to no later than May 31, 2019.\3\ Commerce
exercised its discretion to toll all deadlines affected by the partial
federal government closure from December 22, 2018 through the
resumption of operations on January 28, 2019.\4\ Accordingly, the
revised deadline for the preliminary results of this review is now July
10, 2019. For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.
---------------------------------------------------------------------------
\2\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 32270 (July 12, 2018).
\3\ See Memorandum, ``Diffusion-Annealed, Nickel-Plated Flat-
Rolled Steel Products from Japan: Extension of the Deadline for
Preliminary Results of the 2017-2018 Antidumping Duty Administrative
Review,'' dated November 30, 2018.
\4\ See Memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
Methodology
Commerce is conducting this review in accordance with sections
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act).
Export price is calculated in accordance with section 772 of the Act.
NV is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum. 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 is available to
registered users at https://access.trade.gov and to all parties in the
Central Records Unit, Room B8024 of the main Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly at https://enforcement.trade.gov/frn/summary/japan/japan-fr.htm. The signed and electronic versions of the
Preliminary Decision Memorandum are identical in content. A list of the
topics discussed in the Preliminary Decision Memorandum is attached as
an Appendix to this notice.
Preliminary Determination of No Shipments
Nippon Steel & Sumitomo Metal Corporation (Nippon Steel) properly
filed its certification that it had no shipments of subject merchandise
to the United States during the POR.\5\ There is no information on the
record which contradicts Nippon Steel's no shipment certification.
Therefore, based on the evidence on the record, we preliminarily
determine that Nippon Steel had no shipments of subject merchandise to
the United States during the POR. Consistent with our practice, we are
not preliminarily rescinding the review with respect to Nippon Steel,
but, rather, we will complete the review for this company and issue
appropriate instructions to U.S. Customs and Border
[[Page 34132]]
Protection (CBP) based on the final results of this review.\6\
---------------------------------------------------------------------------
\5\ See Nippon Steel's Letter, ``Diffusion-Annealed Nickel-
Plated Flat-Rolled Steel Products from Japan: Certification of No
U.S. Sales During Administrative Review Period,'' dated August 20,
2018.
\6\ 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,
51307 (August 28, 2014).
---------------------------------------------------------------------------
Preliminary Results of the Review
As a result of this review, we preliminarily determine that a
weighted-average dumping margin of 0.00 percent exists for Toyo Kohan
Co., Ltd. (Toyo Kohan) for the period May 1, 2017 through April 30,
2018.
Disclosure and Public Comment
Commerce intends to disclose the calculations performed in
connection with these preliminary results to interested parties within
five days after the date of publication of this notice.\7\ Interested
parties may submit case briefs to Commerce no later than 30 days after
the date of publication of this notice.\8\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed no later than five days
after the time limit for filing case briefs.\9\ Parties who submit case
briefs or rebuttal briefs in this proceeding are encouraged to submit
with each argument: (1) A statement of the issue; (2) a brief summary
of the argument; and (3) a table of authorities.\10\ Case and rebuttal
briefs should be filed using ACCESS.\11\
---------------------------------------------------------------------------
\7\ See 19 CFR 351.224(b).
\8\ See 19 CFR 351.309(c).
\9\ See 19 CFR 351.309(d).
\10\ See 19 CFR 351.309(c)(2) and (d)(2).
\11\ See 19 CFR 351.303.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically via ACCESS within 30 days after the date of
publication of this notice.\12\ Hearing 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 issues raised in the briefs. If a
request for a hearing is made, parties will be notified of the time and
date for the hearing to be held at the U.S. Department of Commerce,
1401 Constitution Avenue NW, Washington, DC 20230.\13\
---------------------------------------------------------------------------
\12\ See 19 CFR 351.310(c).
\13\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------
An electronically-filed document must be received successfully in
its entirety by ACCESS by 5 p.m. Eastern Time on the established
deadline.
Commerce intends to issue the final results of this administrative
review, including the results of its analysis of issues raised in any
written briefs, not later than 120 days after the date of publication
of this notice, unless otherwise extended.\14\
---------------------------------------------------------------------------
\14\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
Assessment Rates
Upon completion of the administrative review, Commerce shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries.
Pursuant to 19 CFR 351.212(b)(1), we calculated importer-specific
ad valorem duty assessment rates based on the ratio of the total amount
of dumping calculated for the examined sales to the total entered value
of the sales for which entered value was reported. Where either the
respondent's weighted-average dumping margin is zero or de minimis
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties. 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.
Commerce's ``reseller policy'' will apply to entries of subject
merchandise during the POR produced by Toyo Kohan for which Toyo Kohan
did not know that the merchandise it sold to the intermediary (e.g., a
reseller, trading company, or exporter) was destined for the United
States. In such instances, we will instruct CBP to liquidate unreviewed
entries at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction.\15\
---------------------------------------------------------------------------
\15\ For a full discussion of this practice, see Antidumping and
Countervailing Duty Proceedings: Assessment of Antidumping Duties,
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------
We intend to issue liquidation instructions to CBP 15 days after
publication of the final results of this review.
Cash Deposit Requirements
The following deposit requirements will be effective 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 review, except if the
rate is less than 0.50 percent and, therefore, de minimis within the
meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate
will be zero; (2) for companies not participating in this review, the
cash deposit rate will continue to be the company-specific cash deposit
rate published for the most recently completed segment; (3) if the
exporter is not a firm covered in this or a previous administrative
review, or the original less-than-fair-value (LTFV) investigation, but
the producer is, the cash deposit rate will be the cash deposit rate
established for the most recent segment for the producer of the
merchandise; and (4) the cash deposit rate for all other producers or
exporters will continue to be 45.42 percent, the all-others rate
established in the LTFV investigation.\16\ These deposit requirements,
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------
\16\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29,
2014).
---------------------------------------------------------------------------
Notification to Importers
This notice serves as a preliminary 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 Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Notification to Interested Parties
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 10, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Determination of No Shipments
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation
[FR Doc. 2019-15192 Filed 7-16-19; 8:45 am]
BILLING CODE 3510-DS-P