[Federal Register Volume 84, Number 150 (Monday, August 5, 2019)]
[Notices]
[Pages 38001-38002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16654]
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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 the Expedited First Five-Year Sunset Review of
the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this sunset review, the Department of Commerce
(Commerce) finds that revocation of the antidumping duty order on
diffusion-annealed nickel-plated flat-rolled steel products from Japan
would be likely to lead to continuation or recurrence of dumping at the
levels indicated in the ``Final Results of Review'' section of this
notice.
DATES: Applicable August 5, 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.
SUPPLEMENTARY INFORMATION:
Background
On May 29, 2014, Commerce published its antidumping duty order on
diffusion-annealed nickel-plated flat-rolled steel products from Japan
in the Federal Register.\1\ On April 1, 2019, Commerce published the
notice of initiation of the first sunset review of the antidumping duty
order on diffusion-annealed nickel-plated flat-rolled steel products
from Japan,\2\ pursuant to section 751(c) of the Tariff Act of 1930, as
amended (the Act).\3\ Commerce received a notice of intent to
participate from Thomas Steel Strip Corporation (Thomas), within the
deadline specified in 19 CFR 351.218(d)(1)(i).\4\ Thomas claimed
interested party status under section 771(9)(C) of the Act, as a
domestic producer of diffusion-annealed nickel-plated flat-rolled steel
products.
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\1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29,
2014) (Order).
\2\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29,
2014) (Order). Consistent with the Final Determination, we applied
the following weighted-average dumping margins for the two mandatory
respondents, one of which was based entirely on adverse facts
available: (1) Toyo Kohan Co., Ltd., 45.42 percent; and (2) Nippon
Steel & Sumitomo Metal Corporation, 77.70 percent. The All Others
dumping margin was established as 45.42 percent. Id. at 30817.
\3\ See Initiation of Five-Year (Sunset) Review, 84 FR 12227
(April 1, 2019) (Initiation).
\4\ See Thomas' Letter, ``Diffusion-Annealed, Nickel-Plated
Flat-Rolled Steel Products from Japan: Notice of Intent to
Participate,'' dated April 16, 2019.
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Commerce received a substantive response from Thomas \5\ within the
30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no
substantive response from any other domestic or interested parties in
this proceeding, nor was a hearing requested.
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\5\ See Thomas' Letter, ``Diffusion-Annealed, Nickel-Plated Flat
Steel Products from Japan: Thomas's Substantive Response to the
Notice of Initiation of Five-Year (Sunset) Review of Antidumping
Duty Order,'' dated May 1, 2019.
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On May 24, 2019, Commerce notified the U.S. International Trade
Commission (ITC) that it did not receive an adequate substantive
response from respondent interested parties.\6\ As a result, pursuant
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2),
Commerce conducted an expedited (120-day) sunset review of this
antidumping duty order.
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\6\ See Commerce Letter, ``Sunset Review Initiated on April 1,
2019,'' dated May 24, 2019.
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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. For
a complete description of the scope of the Order,
[[Page 38002]]
see the accompanying Issues and Decision Memorandum.\7\
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Expedited First Sunset 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
(Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum, which is hereby adopted by this notice. The
issues discussed in the Issues and Decision Memorandum are the
likelihood of continuation or recurrence of dumping, and the magnitude
of the margins of dumping likely to prevail if this order were revoked.
The Issues and Decision Memorandum is a public document and is on file
electronically via the 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 Commerce building.
A list of topics discussed in the Issues and Decision Memorandum is
included as an Appendix to this notice. In addition, a complete version
of the Issues and Decision Memorandum can be accessed directly on the
internet at http://enforcement.trade.gov/frn/. The signed Issues and
Decision Memorandum and the electronic version of the Issues and
Decision Memorandum are identical in content.
Final Results of Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we
determine that revocation of the antidumping duty order on diffusion-
annealed nickel-plated flat-rolled steel products from Japan would be
likely to lead to continuation or recurrence of dumping at weighted-
average margins up to 77.70 percent.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
an 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. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a violation which is
subject to sanction.
Notification to Interested Parties
We are issuing and publishing the final results and this notice in
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and
19 CFR 351.218.
Dated: July 30, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2019-16654 Filed 8-2-19; 8:45 am]
BILLING CODE 3510-DS-P