[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Notices]
[Pages 41018-41019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16298]


-----------------------------------------------------------------------

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; 
2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that diffusion-annealed, nickel-plated flat-rolled steel products 
(nickel-plated steel products) from Japan are being, or are likely to 
be, sold in the United States at less than normal value (NV) during the 
period of review (POR) May 1, 2019, through April 30, 2020.

DATES: Applicable July 30, 2021.

FOR FURTHER INFORMATION CONTACT: Amaris Wade, AD/CVD Operations, Office 
II, Enforcement and Compliance, International Trade Administration, 
U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; (202) 482-3874, email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On July 10, 2020, based on timely requests for review, in 
accordance with 19 CFR 351.221(c)(1)(i), we initiated an administrative 
review on nickel-plated steel products from Japan.\1\ This review 
covers one producer/exporter of the subject merchandise, Toyo Kohan 
Co., Ltd. (Toyo Kohan).
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 41540 (July 10, 2020) (Initiation 
Notice).
---------------------------------------------------------------------------

    On July 21, 2020, Commerce tolled all deadlines in administrative 
reviews by 60 days.\2\ In March 2021, Commerce extended the preliminary 
results of this review to no later than July 30, 2021.\3\ For a 
complete description of the events that followed the initiation of this 
review, see the Preliminary Decision Memorandum.\4\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,''
    dated July 21, 2020.
    \3\ See Memorandum, ``Extension of the Deadline for Preliminary 
Results of the 2019-2020 Antidumping Duty Administrative Review,'' 
dated March 9, 2021.
    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2019-2020 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).
---------------------------------------------------------------------------

Scope of the Order

    The merchandise subject to the order is diffusion-annealed, nickel-
plated flat-rolled steel products from Japan. The product is currently 
classified under 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 product description remains dispositive.\5\
---------------------------------------------------------------------------

    \5\ For a complete description of the scope of the Order, see 
Preliminary Decision Memorandum.
---------------------------------------------------------------------------

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. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at http://enforcement.trade.gov/frn/. A list of the topics discussed in 
the Preliminary Decision Memorandum is attached as an Appendix to this 
notice.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for the period May 1, 
2019, through April 30, 2020:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                  Producer or exporter                    dumping margin
                                                             (percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd.....................................           7.21%
------------------------------------------------------------------------

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.\6\ Interested 
parties may submit case briefs to Commerce no later than 30 days after 
the date of publication of this notice.\7\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the deadline for filing case briefs.\8\ 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.\9\ Case and rebuttal 
briefs should be filed using ACCESS.\10\
---------------------------------------------------------------------------

    \6\ See 19 CFR 351.224(b).
    \7\ See 19 CFR 351.309(c).
    \8\ See Temporary Rule Modifying AD/CVD Service Requirements Due 
to COVID19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020).
    \9\ See 19 CFR 351.309(c)(2) and (d)(2).
    \10\ 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.\11\ 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. Oral 
presentations at 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.\12\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.310(c).
    \12\ See 19 CFR 351.310(d).
---------------------------------------------------------------------------

    An electronically-filed document must be received successfully in 
its entirety by ACCESS by 5:00 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

[[Page 41019]]

issues raised in any written briefs, not later than 120 days after the 
date of publication of this notice, unless otherwise extended.\13\
---------------------------------------------------------------------------

    \13\ See section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries.\14\
---------------------------------------------------------------------------

    \14\ See 19 CFR 351.212(b).
---------------------------------------------------------------------------

    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.\15\
---------------------------------------------------------------------------

    \15\ See section 751(a)(2)(C) of the Act.
---------------------------------------------------------------------------

    Commerce's ``automatic assessment'' 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.\16\
---------------------------------------------------------------------------

    \16\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

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 the companies 
listed above will be equal to the weighted-average dumping margin 
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 previously reviewed or investigated companies not covered in 
this review, the cash deposit rate will continue to be the company-
specific cash deposit rate published for the most recently completed 
segment in which the company was reviewed; (3) if the exporter is not a 
firm covered in this review, a prior review, or the original less-than-
fair-value (LTFV) investigation, but the producer is, then the cash 
deposit rate will be the cash deposit rate established for the most 
recently completed segment of this proceeding 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.\17\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \17\ 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 also serves as a preliminary 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 this review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled 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 26, 2021.
Christian Marsh,
Acting 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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2021-16298 Filed 7-29-21; 8:45 am]
BILLING CODE 3510-DS-P