[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Notices]
[Pages 64901-64904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25257]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-874]


Certain Hot-Rolled Steel Flat Products From Japan: Preliminary 
Results of Antidumping Duty Administrative Review and Preliminary 
Determination of No Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Nippon Steel Corporation (NSC), producer and exporter 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, 2019, through September 30, 2020. 
In addition, Commerce preliminarily determines that Honda Trading 
Canada, Inc. (Honda) and Mitsui & CO., Ltd. (Mitsui) had no shipments 
during the POR. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable November 19, 2021.

FOR FURTHER INFORMATION CONTACT: Jack Zhao, 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.

SUPPLEMENTARY INFORMATION:

Background

    Commerce is conducting an administrative review of the antidumping 
duty order on hot-rolled steel from Japan in accordance with section 
751(a)(1)(B) of Tariff Act of 1930, as amended (the Act).\1\ Commerce 
initiated this administrative review on

[[Page 64902]]

December 8, 2020 covering twenty-nine producers and/or exporters.\2\ We 
selected NSC as mandatory respondent.\3\ On June 28, 2021, we extended 
the deadline for the preliminary results of this review by an 
additional 118 days, in accordance with section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h)(2), resulting in a deadline of October 29, 2021, 
for these preliminary results.\4\ For a detailed description of the 
events that followed the initiation of this review, see the Preliminary 
Decision Memorandum.\5\
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    \1\ 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).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 78990 (December 8, 2020).
    \3\ See Memorandum ``Respondent Selection for the 2019-2020 
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel 
Flat Products from Japan,'' dated June 29, 2021.
    \4\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from Japan: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review--2019-2020,'' dated June 28, 
2021.
    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Review and 
Preliminary Determination of No Shipments: Certain Hot-Rolled Steel 
Flat Products from Japan; 2019-2020,'' dated concurrently with, and 
hereby adopted by, this notice (Preliminary Decision Memorandum).
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Scope of the Order

    The merchandise covered by the Order is hot-rolled steel from 
Japan. For a complete description of the scope of the Order, see the 
Preliminary Decision Memorandum.\6\
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    \6\ Id.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a) of the Act. Constructed export price and export 
price were calculated in accordance with section 772 of the Act. Normal 
value 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. A list of topics discussed in the 
Preliminary Decision Memorandum is attached as an appendix to this 
notice. 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 to ACCESS is available to registered users at http://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly on the internet at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Preliminary Determination of No Shipments

    Among the companies under review, Honda and Mitsui each properly 
filed a statement reporting that it had made no shipments of subject 
merchandise to the United States during the POR.\7\ Commerce issued an 
instruction to the U.S. Customs and Border Protection (CBP) asking for 
any entry activity regarding Honda and Mitsui.\8\ CBP subsequently 
confirmed that these two companies had no shipments.\9\ Based on the 
certifications submitted by Honda and Mitsui, and our analysis of CBP 
information currently on the record, we preliminarily determine that 
Honda and Mitusi had no shipments during the POR. Consistent with its 
practice, Commerce finds that it is not appropriate to preliminarily 
rescind the review with respect to Honda and Mitsui, but rather to 
complete the review and issue appropriate instructions to CBP based on 
the final results of this review.
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    \7\ See Honda's Letter, ``Administrative Review of Certain Hot-
Rolled Steel Flat Products from Japan: Honda Trading Canada, Inc.'s 
No Shipment Certification,'' dated December 21, 2020; see also 
Mitsui's Letter, ``Antidumping Administrative Review of Certain Hot-
Rolled Steel Flat Products from Japan: Mitsui No Shipment 
Notification,'' dated December 21, 2020.
    \8\ See No Shipment Inquiry to CBP, dated October 5, 2021.
    \9\ See Memoranda, ``Certain Hot-Rolled Steel Flat Products from 
Japan (A-588-874); No Shipment Inquiry for Honda Trading Canada, 
Inc. during the period 10/01/2019 through 09/30/2020,'' and 
``Certain Hot-Rolled Steel Flat Products from Japan (A-588-874); No 
Shipment Inquiries for Mitsui & Co., Ltd. during the Period 10/01/
2019 through 09/30/2020,'' both dated October 15, 2021.
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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} .''
    In this review, we have preliminarily calculated a weighted-average 
dumping margin for NSC that is not zero, de minimis, or determined 
entirely on the basis of facts available. Accordingly, Commerce 
preliminarily has assigned to companies not individually examined a 
margin of 26.81 percent, which is NSC's calculated weighted-average 
dumping margin.

Preliminary Results

    We preliminarily determine the following weighted-average dumping 
margins for the period October 1, 2019, through September 30, 2020:
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    \10\ Commerce found in a changed circumstances review that NSC, 
Nippon Steel Nisshin Co., Ltd., and Nippon Steel Trading Corporation 
are affiliated companies that should be treated as a single entity 
and as the successor-in-interest to Nippon Steel & Sumitomo Metal 
Corporation, Nisshin Steel Co., Ltd., and Nippon Steel & Sumikin 
Bussan Corporation, 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). 
Because there is no information on the record of this administrative 
review that would lead us to revisit this determination, we are 
continuing to treat these companies as part of a single entity for 
the purposes of this administrative review.
    \11\ 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 Preliminary Decision 
Memorandum at 8-9.

------------------------------------------------------------------------
                                                       Weighted-average
                  Exporter/producer                     dumping margin
                                                           (percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co.,                 26.81
 Ltd./Nippon Steel Trading Corporation \10\.........
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                         Non-Examined Companies
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Hanwa Co., Ltd......................................               26.81
Higuchi Manufacturing America, LLC..................               26.81

[[Page 64903]]

 
Higuchi Seisakusho Co., Ltd.........................               26.81
Hitachi Metals, Ltd.................................               26.81
JFE Steel Corporation/JFE Shoji Trade Corporation                  26.81
 \11\...............................................
JFE Shoji Trade America.............................               26.81
Kanematsu Corporation...............................               26.81
Kobe Steel, Ltd.....................................               26.81
Metal One Corporation...............................               26.81
Miyama Industry Co., Ltd............................               26.81
Nakagawa Special Steel Inc..........................               26.81
Nippon Steel & Sumikin Logistics Co., Ltd...........               26.81
Okaya & Co. Ltd.....................................               26.81
Panasonic Corporation...............................               26.81
Saint-Gobain K.K....................................               26.81
Shinsho Corporation.................................               26.81
Sumitomo Corporation................................               26.81
Suzukaku Co., Ltd...................................               26.81
Suzukaku Corporation................................               26.81
Tokyo Steel Manufacturing Co., Ltd..................               26.81
Toyota Tsusho Corporation Nagoya....................               26.81
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Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. For any individually examined respondent whose weighted-
average dumping margin is not zero or de minimis (i.e., less than 0.5 
percent) in the final results of this review and the respondent 
reported reliable entered values, we will calculate importer-specific 
ad valorem assessment rates for the merchandise based on the ratio of 
the total amount of dumping calculated for the examined sales made 
during the POR to each importer and the total entered value of those 
same sales, in accordance with 19 CFR 351.212(b)(1). If the respondent 
has not reported reliable entered values, we will calculate a per-unit 
assessment rate for each importer by dividing the total amount of 
dumping calculated for the examined sales made to that importer by the 
total sales quantity associated with those transactions. Where an 
importer-specific ad valorem assessment rate is zero or de minimis in 
the final results of review, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties in accordance 
with 19 CFR 351.106(c)(2). If a respondent's weighted-average dumping 
margin is zero or de minimis in the final results of review, we will 
instruct CBP not to assess duties on any of its entries in accordance 
with the Final Modification for Reviews, i.e., ``{w{time} here the 
weighted-average margin of dumping for the exporter is determined to be 
zero or de minimis, no antidumping duties will be assessed.'' \12\
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    \12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings; Final Modification, 77 FR 8101, 8102 (February 14, 
2012) (Final Modification for Reviews).
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    For entries of subject merchandise during the POR produced by NSC 
for which the producer did not know its merchandise was destined for 
the United States, or for any respondent for which we have a final 
determination of no shipments, we will instruct CBP to liquidate 
unreviewed entries at the all-others rate if there is no rate for the 
intermediate company (or companies) involved in the transaction.\13\
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    \13\ See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
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    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 upon 
publication of the notice of final results of this administrative 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication, as provided by section 751(a)(2)(C) of the Act: (1) The 
cash deposit rate for each specific company listed above 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 previously investigated companies not participating in this 
review, the cash deposit will continue to be the company-specific rate 
published for the most recently completed segment of this proceeding in 
which the company participated; (3) if the exporter is not a firm 
covered in this review, or the underlying investigation, but the 
manufacturer is, then the cash deposit rate will be the rate 
established for the most recent segment for the manufacturer of the 
merchandise; and (4) the cash deposit rate for all other manufacturers 
or exporters will continue to be 5.58 percent, the all-others rate 
established in the less-than-fair-value investigation.\14\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \14\ See Order.
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Disclosure and Public Comment

    We intend to disclose the calculations performed for these 
preliminary results of review to interested parties within five days of 
the date of publication of this notice in accordance with 19 CFR 
351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may 
submit case briefs no later than 30 days after the date of publication 
of this notice. Rebuttal briefs, the content of which is limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the date for filing case briefs.\15\ Parties who submit case 
briefs

[[Page 64904]]

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.\16\ Case and rebuttal briefs 
should be filed using ACCESS \17\ and must be served on interested 
parties.\18\ Executive summaries should be limited to five pages total, 
including footnotes.
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    \15\ See 19 CFR 351.309(d).
    \16\ See 19 CFR 351.309(c)(2) and (d)(2).
    \17\ See generally 19 CFR 351.303.
    \18\ See 19 CFR 351.303(f).
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    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, filed via ACCESS. An 
electronically filed request must be received successfully in its 
entirety by 5:00 p.m. Eastern Time within 30 days of the date of 
publication of this notice.\19\ Requests should contain: (1) The 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues parties intend to discuss. If a 
request for a hearing is made, Commerce intends to hold the hearing at 
a date and time to be determined.\20\ Parties should confirm the date, 
time, and location of the hearing two days before the scheduled date.
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    \19\ See 19 CFR 351.310(c).
    \20\ See 19 CFR 351.310(d).
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    Commerce intends to issue the final results of this administrative 
review, including the results of its analysis of the issues raised in 
any case or rebuttal briefs, no later than 120 days after the date of 
publication of this notice, unless extended.\21\
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    \21\ See section 751(a)(3)(A) of the Act; and 19 CFR 351.213(h).
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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 POR. Failure to comply with this 
requirement could result in Commerce'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: October 29, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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. Rates for Non-Examined Companies
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation

[FR Doc. 2021-25257 Filed 11-18-21; 8:45 am]
BILLING CODE 3510-DS-P