[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Notices]
[Pages 4842-4843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01932]


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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 Antidumping Duty Administrative Review; 2019-
2020

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

SUMMARY: The Department of Commerce (Commerce) finds that diffusion-
annealed, nickel-plated flat-rolled steel products from Japan were made 
at less than normal value during the period of review (POR), May 1, 
2019, through April 30, 2020.

DATES: Applicable January 31, 2022.

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; telephone: (202) 482-3874.

SUPPLEMENTARY INFORMATION:

Background

    This review covers one producer/exporter of the subject 
merchandise, Toyo Kohan Co., Ltd. (Toyo Kohan). On July 30, 2021, 
Commerce published the Preliminary Results and invited interested 
parties to comment.\1\ On August 30, 2021, we received case briefs from 
the petitioner \2\ and Toyo Kohan.\3\ On September 13, 2021, we 
received a rebuttal brief from the petitioner.\4\ On November 17, 2021, 
we extended the final results until no later than January 26, 2022.\5\
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    \1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Preliminary Results of Antidumping Duty 
Administrative Review; 2019-2020, 86 FR 41018 (July 30, 2021) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum (PDM).
    \2\ The petitioner is Thomas Steel Strip Corporation.
    \3\ See Petitioner's Letter, ``Case Brief of Thomas Steel Strip 
Corporation,'' dated August 30, 2021; and Toyo Kohan's Letter, 
``Toyo Kohan's Case Brief,'' dated August 30, 2021.
    \4\ See Petitioner's Letter, ``Rebuttal Brief of Thomas Steel 
Strip Corporation,'' dated September 10, 2021.
    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
the 2019-2020 Antidumping Duty Administrative Review,'' dated 
November 17, 2021.
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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.\6\
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    \6\ For a full description of the scope of the order, see 
Preliminary Results PDM at 2-3.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs are listed in the 
appendix to this notice and addressed in the Issues and Decision 
Memorandum.\7\ Interested parties can find a complete discussion of 
these issues and the corresponding recommendations in this public 
memorandum, which 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 
http://access.trade.gov. In addition, a complete version of the Issues 
and Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Final 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 (Issues and Decision Memorandum).
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Changes Since the Preliminary Results

    Based on the comments received from interested parties, we made 
certain changes to our calculations in the Preliminary Results. For a 
discussion of these issues, see the Issues and Decision Memorandum.

Final Results of Administrative Review

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

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Producer or exporter                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd.........................................        7.49
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Disclosure of Calculations

    We intend to disclose the calculations performed for Toyo Kohan in 
connection with these final results within five days of the date of 
publication of this notice, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (the Act), and 19 CFR 351.212(b)(1), Commerce has determined, 
and U.S. Customs and Border Protection (CBP) shall assess, antidumping 
duties on all appropriate entries of subject merchandise in accordance 
with the final results of this review.
    Pursuant to 19 CFR 351.212(b)(1), Toyo Kohan reported the entered 
value of its U.S. sales such that 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 the weighted-
average dumping margin for Toyo Kohan is zero or de minimis within the 
meaning of 19 CFR 351.106(c)(1), or an importer-specific assessment 
rate is zero or de minimis, we will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
    Commerce's ``automatic assessment'' will apply to entries of 
subject merchandise during the POR produced by Toyo Kohan for which the 
reviewed company 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.\8\
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    \8\ 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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[[Page 4843]]

    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 cash 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 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.\9\ These deposit requirements, 
when imposed, shall remain in effect until further notice.
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    \9\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29, 
2014).
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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 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 double antidumping duties.

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act.

    Dated: January 26, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memo

I. Summary
II. Background
III. Margin Calculations
IV. Discussion of the Issues
    Comment 1: The U.S. Date of Sale
    Comment 2: Which Control Number (CONNUM) to Use for Downstream 
Home Market Sales Made by Kohan Shoji Co., Ltd. (Kohan Shoji)
V. Recommendation

[FR Doc. 2022-01932 Filed 1-28-22; 8:45 am]
BILLING CODE 3510-DS-P