[Federal Register Volume 86, Number 163 (Thursday, August 26, 2021)]
[Notices]
[Pages 47615-47617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18414]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-874]


Certain Hot-Rolled Steel Flat Products From Japan: Final Results 
of Antidumping Duty Administrative Review and Final Determination of No 
Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) determines that Nippon 
Steel Corporation (NSC) and Tokyo Steel Manufacturing Co., Ltd. (Tokyo 
Steel), producers and exporters of hot-rolled steel flat products (hot-
rolled steel) from Japan, sold subject merchandise in the United States 
at prices below normal value during the period of review (POR) October 
1, 2018, through September 30, 2019. In addition, Commerce determines 
that Honda Trading Canada, Inc. (Honda), Panasonic Corporation 
(Panasonic), and Mitsui & CO., Ltd. (Mitsui) had no shipments during 
the POR.

DATES: Applicable August 26, 2021.

FOR FURTHER INFORMATION CONTACT: Jun Jack Zhao or Myrna Lobo, AD/CVD 
Operations, Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-1396 or (202) 482-2371, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 23, 2021, Commerce published the Preliminary Results of 
this review in the Federal Register.\1\ We invited interested parties 
to comment on the Preliminary Results. Between March 25 and April 1, 
2021, Commerce received timely filed briefs and rebuttal briefs from 
the petitioners \2\ and NSC.\3\ On March 25, 2021, Commerce received a 
hearing request from NSC.\4\ On July 2, 2021, NSC withdrew its hearing 
request.\5\
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    \1\ See Certain Hot-Rolled Steel Flat Products from Japan: 
Preliminary Results of Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments; 2018-2019; 86 FR 10920 
(February 23, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ The petitioners consist of AK Steel Corporation; 
ArcelorMittal USA LLC; Nucor Corporation; SSAB Enterprises, LLC; 
Steel Dynamic, Inc.; and United States Steel Corporation.
    \3\ See Petitioners' Letter, ``Certain Hot-Rolled Steel Flat 
Products from Japan: Case Brief,'' dated March 25, 2021; see also 
NSC's Letter, ``Certain Hot-Rolled Steel Flat Products from Japan: 
NSC's Case Brief,'' dated March 25, 2021; Petitioners' Letter, 
``Certain Hot-Rolled Steel Flat Products from Japan: Petitioner's 
Rebuttal Brief,'' dated April 1, 2021; NSC's Letter, ``Certain Hot-
Rolled Steel Flat Products from Japan: NSC's Rebuttal Brief,'' dated 
April 1, 2021.
    \4\ See NSC's Letter, ``Certain Hot-Rolled Steel Flat Products 
from Japan: NSC's Hearing Request,'' dated March 25, 2021.
    \5\ See NSC's Letter, ``Certain Hot-Rolled Steel Flat Products 
from Japan: Withdrawl of NSC's Hearing Request,'' July 2, 2021.
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    On April 14, 2021, we extended the deadline for the final 
results.\6\ The deadline for the final results of this review is August 
20, 2021.
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    \6\ See Memorandum, ``Certain Hot-Rolled Steel Products from 
Japan: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review; 2018-2019,'' dated April 14, 2021.
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    These final results cover 26 producers and exporters of subject 
merchandise.\7\ Based on an analysis of the comments received, we did 
not make changes to the weighted-average dumping margins

[[Page 47616]]

determined for the respondents. The weighted-average dumping margins 
are listed in the ``Final Results of Review'' section, below. Commerce 
conducted this review in accordance with section 751(a) of the Tariff 
Act of 1930, as amended (the Act).
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    \7\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 67712 (December 11, 2019).
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Scope of the Order 8
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    \8\ See Certain Hot-Rolled Steel Flat Products from Australia, 
Brazil, Japan, the Republic of Korea, the Netherlands, the Republic 
of Turkey, and the United Kingdom: Amended Final Affirmative 
Antidumping Determinations for Australia, the Republic of Korea, and 
the Republic of Turkey and Antidumping Duty Orders, 81 FR 67962 
(October 3, 2016) (Order).
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    The merchandise covered by the Order is certain hot-rolled steel 
flat products. For a complete description of the scope of the Order, 
see the Issues and Decision Memorandum.\9\
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    \9\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: Certain 
Hot-Rolled Steel Flat Products from Japan; 2018-2019,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Final Determination of No Shipments

    In the Preliminary Results, Commerce preliminarily determined that 
Honda, Panasonic, and Mitsui had no shipments of subject merchandise 
during the POR. U.S. Customs and Border Protection (CBP) subsequently 
confirmed that these three companies had no shipments.\10\ As no party 
has identified any record evidence which would call into question these 
preliminary findings with respect to these three companies, we continue 
to find they made no shipments of subject merchandise during the POR. 
Accordingly, consistent with our practice, we intend to instruct CBP to 
liquidate any existing entries of subject merchandise produced by 
Honda, Panasonic, and Mitsui, but exported by other parties without 
their own rate, at the all-others rate.\11\
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    \10\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from Japan; No Shipment Inquiry for Honda Trading Canada, Inc. 
during the period 10/01/2018 through 09/30/2019,'' dated February 
19, 2021; ``Certain Hot-Rolled Steel Flat Products from Japan; No 
Shipment Inquiries for Mitsui & Co., Ltd. and the Panasonic 
Corporation During the Period 10/01/2018 through 09/30/2019,'' dated 
February 24, 2021.
    \11\ 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 (September 17, 2010).
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Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum, which is hereby adopted with this 
notice. The issues are identified in Appendix I to this notice. 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. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly at http://enforcement.trade.gov/frn/index.html.

Changes Since the Preliminary Results

    Based on our review and analysis of the comments received from 
parties, we did not make changes to the margin calculations. For a 
discussion of these changes, see the Issues and Decision Memorandum.

Rate for Non-Examined Companies

    The statute and Commerce's regulations do not address the 
establishment of a rate to be applied to companies not selected for 
individual examination when Commerce limits its examination in an 
administrative review pursuant to section 777A(c)(2) of the Act. 
Generally, Commerce looks to section 735(c)(5) of the Act, which 
provides instructions for calculating the all-others rate in a market 
economy investigation, for guidance when calculating the rate for 
companies which were not selected for individual examination in an 
administrative review. Under section 735(c)(5)(A) of the Act, the all-
others rate is normally ``an amount equal to the weighted-average of 
the estimated weighted-average dumping margins established for 
exporters and producers individually investigated, excluding any zero 
or de minimis margins, and any margins determined entirely {on the 
basis of facts available{time} .''
    For these final results, we calculated weighted-average dumping 
margins that are not zero, de minimis, or determined entirely on the 
basis of facts available for NSC and Tokyo Steel. Accordingly, Commerce 
has assigned to the companies not individually examined a margin of 
10.95 percent, which is the weighted-average (using the publicly ranged 
U.S. value) of NSC's and Tokyo Steel's calculated weighted-average 
dumping margins for these final results.

Final Results of Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period October 1, 2018, through 
September 30, 2019:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                   Producers/exporters                    dumping margin
                                                             (percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./           11.70
 Nippon Steel Trading Corporation \12\..................
Tokyo Steel Manufacturing Co., Ltd......................            6.80
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   Review-Specific Average Rate Applicable to the Following Companies
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Hanwa Co., Ltd..........................................           10.95
Higuchi Manufacturing America, LLC......................           10.95
Higuchi Seisakusho Co., Ltd.............................           10.95
Hitachi Metals, Ltd.....................................           10.95
JFE Steel Corporation/JFE Shoji Trade Corporation \13\..           10.95
JFE Shoji Trade America.................................           10.95
Kanematsu Corporation...................................           10.95
Kobe Steel, Ltd.........................................           10.95
Metal One Corporation...................................           10.95
Miyama Industry Co., Ltd................................           10.95
Nakagawa Special Steel Inc..............................           10.95
Nippon Steel & Sumikin Logistics Co., Ltd...............           10.95
Okaya & Co. Ltd.........................................           10.95
Saint-Gobain K.K........................................           10.95
Shinsho Corporation.....................................           10.95
Sumitomo Corporation....................................           10.95
Suzukaku Corporation....................................           10.95
Toyota Tsusho Corporation Nagoya........................           10.95
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Assessment
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    \12\ Commerce found in a changed circumstances review that NSC, 
Nippon Steel Nisshin Co., Ltd. (Nippon Nisshin), and Nippon Steel 
Trading Corporation (NSTC) are affiliated companies that should be 
treated as a single entity and as the successor-in-interest to 
Nippon Steel & Sumitomo Metal Corporation (NSSMC), Nisshin Steel 
Co., Ltd. (Nisshin Steel), and Nippon Steel & Sumikin Bussan 
Corporation (NSSBC), respectively. See Certain Hot-Rolled Steel Flat 
Products from Japan: Notice of Final Results of Antidumping Duty 
Changed Circumstances Review, 84 FR 46713 (September 5, 2019). We 
have continued to treat NSC, Nippon Nisshin, and NSTC as a single 
entity for purposes of this administrative review.
    \13\ We collapsed JFE Shoji Trade Corporation with JFE Steel 
Corporation in the underlying investigation. See Certain Hot-Rolled 
Steel Flat Products from Japan: Preliminary Determination of Sales 
at Less than Fair Value and Postponement of Final Determination, 81 
FR 15222 (March 22, 2016), and accompanying PDM at 8-9. We have 
continued to treat these companies as a single entity for purposes 
of this administrative review.
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    Consistent with its recent notice,\14\ 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

[[Page 47617]]

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).
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    \14\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duly Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
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    Where the respondent reported reliable entered values, we 
calculated importer--(or customer-) specific ad valorem rates by 
aggregating the dumping margins calculated for all U.S. sales to each 
importer (or customer) and dividing this amount by the total entered 
value of the sales to each importer (or customer).\15\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed sales to that party by the total sales 
quantity associated with those transactions, Commerce will direct CBP 
to assess importer--(or customer-) specific assessment rates based on 
the resulting per-unit rates.\16\ Where an importer--(or customer-) 
specific ad valorem or per-unit rate is greater than de minimis (i.e., 
0.50 percent), Commerce will instruct CBP to collect the appropriate 
duties at the time of liquidation.\17\ Where an importer--(or customer-
) specific ad valorem or per-unit rate is zero or de minimis, Commerce 
will instruct CBP to liquidate appropriate entries without regard to 
antidumping duties.\18\
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    \15\ See 19 CFR 351.212(b)(1).
    \16\ Id.
    \17\ Id.
    \18\ See 19 CFR 351.106(c)(2).
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    For the companies which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rates for Non-Examined Companies'' section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by NSC, Tokyo Steel, or the 
non-examined companies for which the producer did not know that its 
merchandise was destined for the United States, 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.\19\
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    \19\ 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 for all 
shipments of 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 for by section 751(a)(2)(C) 
of the Act: (1) The cash deposit rates for the companies listed in 
these final results will be equal to the weighted-average dumping 
margins established in the final results of this review; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior segment of this proceeding, the cash 
deposit rate will continue to be the company-specific 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 or 
the original less-than-fair-value (LTFV) investigation, but the 
producer is, the cash deposit rate will be the rate established for the 
most recently completed segment of this proceeding for the producer of 
the subject merchandise; and (4) the cash deposit rate for all other 
producers or exporters will continue to be 5.58 percent,\20\ the all-
others rate established in the LTFV investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \20\ See Certain Hot-Rolled Steel Flat Products from Japan: 
Final Determination of Sales at Less Than Fair Value and Final 
Affirmative Determination of Critical Circumstances, 81 FR 53409 
(August 12, 2016).
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Notification to Importers

    This notice 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 this POR. Failure to comply with this 
requirement could result in the presumption that reimbursement of 
antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the destruction of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
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 sanctionable 
violation.

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 and 19 CFR 351.213(h) and 
351.221(b)(5) of Commerce's regulations.

    Dated: August 20, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Application of Partial Facts Available and Use of Adverse 
Inference
V. Final Determination of No Shipments
VI. Changes Since the Preliminary Results
VII. Discussion of the Issues
    Comment 1: Whether Commerce Should Deduct Section 232 Duties 
From U.S. Price
    Comment 2: Whether Commerce Should Apply Adverse Facts Available 
to NSC's Home Market Sales Made to Certain Affiliated Customers
    Comment 3: Whether Commerce Should Apply Differential Pricing 
Methodology With Zeroing Negative Margins for Sales That Pass 
Commerce's Differential Pricing Test
    Comment 4: Whether Commerce Should Include Certain Separately 
Invoiced U.S. Revenue Fields in Calculating the Net U.S. Price
    Comment 5: Whether Commerce Should Make Certain Adjustments to 
NSC's Reported G&A Expenses
VIII. Recommendation

[FR Doc. 2021-18414 Filed 8-25-21; 8:45 am]
BILLING CODE 3510-DS-P