[Federal Register Volume 87, Number 100 (Tuesday, May 24, 2022)]
[Notices]
[Pages 31523-31525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11160]


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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; 2019-2020

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Nippon Steel Corporation, 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 determines that Honda Trading Canada, Inc. (Honda) and Mitsui 
& Co., Ltd. (Mitsui) had no shipments during the POR.

DATES: Applicable May 24, 2022.

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 November 19, 2021, Commerce published the Preliminary Results of 
this review in the Federal Register.\1\ This review covers one 
mandatory exporter/producer of subject merchandise, Nippon Steel 
Corporation, Nippon Steel Nisshin Co., Ltd., Nippon Steel Trading 
Corporation (collectively, NSC).\2\ We invited interested parties to 
comment on the Preliminary Results. Between December 20 and 27, 2021, 
Commerce received timely filed case briefs and rebuttal briefs from 
NSC, JFE Shoji America LLC and JFE Shoji Corporation (JFE), Nucor 
Corporation (Nucor),\3\ and Tokyo Steel Manufacturing Co., Ltd. (Tokyo 
Steel).\4\ On December 20, 2021, Commerce received a hearing request 
from NSC.\5\ On January 31, 2022, NSC withdrew its hearing request.\6\
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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; 2019-2020, 86 FR 64901 
(November 19, 2021) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ Commerce found in a changed circumstances review that Nippon 
Steel Corporation is the successor-in-interest to Nippon Steel & 
Sumitomo Metal Corporation, Nippon Steel Nisshin Co., Ltd., is the 
successor-in-interest to Nisshin Steel Co., Ltd., and Nippon Steel 
Trading Corporation is the successor-in-interest to Nippon Steel & 
Sumikin Bussan Corporation. 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). 
Commerce also determined that the three successor-in-interest 
companies are affiliated and should be collapsed into a single 
entity. Id. 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.
    \3\ In this administrative review, the petitioners are AK Steel 
Corporation; Nucor Corporation; SSAB Enterprises, LLC; Steel 
Dynamic, Inc.; and United States Steel Corporation.
    \4\ See NSC's Letter, ``Certain Hot-Rolled Steel Flat Products 
from Japan: NSC's Case Brief,'' dated December 21, 2021; JFE's 
Letter, ``Certain Hot-Rolled Steel Flat Products from Japan: Letter 
in Lieu of Case Brief,'' dated December 20, 2021; Nucor Letter, 
``Certain Hot-Rolled Steel Flat Products from Japan: Petitioner's 
Rebuttal Brief,'' dated December 28, 2021; Tokyo Steel's Letter, 
``Letter in lieu of Rebuttal Brief: Certain Hot-Rolled Steel Flat 
Products from Japan,'' dated December 27, 2021.
    \5\ See NSC's Letter, ``Certain Hot-Rolled Steel Flat Products 
from Japan: NSC's Hearing Request,'' dated December 20, 2021.
    \6\ See NSC's Letter, ``Certain Hot-Rolled Steel Flat Products 
from Japan: Withdrawal of NSC's Hearing Request,'' January 31, 2022.
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    On March 10, 2022, we extended the deadline for the final 
results.\7\ The deadline for the final results of this review is May 
18, 2022.
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    \7\ See Memorandum, ``Certain Hot-Rolled Steel Products from 
Japan: Extension of Deadline for Final Results of Antidumping Duty 
Administrative Review; 2019-2020,'' dated March 10, 2022.
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    These final results cover twenty-nine producers and/or exporters of 
subject merchandise.\8\ Based on an analysis of the comments received, 
we made certain changes to the weighted-average dumping margin 
determined for NSC. 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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    \8\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 78990 (December 8, 2020).
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Scope of the Order \9\
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    \9\ 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.\10\
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    \10\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: Certain 
Hot-Rolled Steel Flat Products from Japan; 2019-2020,'' 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 and Mitsui had no shipments of subject merchandise during the 
POR. As no party has identified any record evidence which would call 
into question the preliminary findings with respect to these two 
companies, we continue to find that they made no shipments of subject 
merchandise during the POR. Accordingly, consistent with our practice, 
we intend to instruct U.S. Customs and Border Protection (CBP) to 
liquidate any existing entries of subject merchandise produced by Honda 
and Mitsui, but exported by other parties without their own rate, at 
the all-others rate.\11\
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    \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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[[Page 31524]]

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum. The issues are identified in the 
appendix 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 https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review and analysis of the comments received from 
parties, we made changes to NSC's 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} .''
    In this review, we have 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 has assigned to 
companies not individually examined a margin of 24.07 percent, which is 
NSC's calculated weighted-average dumping margin.

Final Results of Review

    We are assigning the following weighted-average dumping margins to 
the firms listed below for the period October 1, 2019, through 
September 30, 2020:
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    \12\ We are treating these companies as part of a single entity. 
See supra, n.2.
    \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 Preliminary Decision 
Memorandum at 8-9, unchanged in 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).

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./           24.07
 Nippon Steel Trading Corporation \12\......................
Hanwa Co., Ltd..............................................       24.07
Higuchi Manufacturing America, LLC..........................       24.07
Higuchi Seisakusho Co., Ltd.................................       24.07
Hitachi Metals, Ltd.........................................       24.07
JFE Steel Corporation/JFE Shoji Trade Corporation \13\......       24.07
JFE Shoji Trade America.....................................       24.07
Kanematsu Corporation.......................................       24.07
Kobe Steel, Ltd.............................................       24.07
Metal One Corporation.......................................       24.07
Miyama Industry Co., Ltd....................................       24.07
Nakagawa Special Steel Inc..................................       24.07
Nippon Steel & Sumikin Logistics Co., Ltd...................       24.07
Okaya & Co. Ltd.............................................       24.07
Panasonic Corporation.......................................       24.07
Saint-Gobain K.K............................................       24.07
Shinsho Corporation.........................................       24.07
Sumitomo Corporation........................................       24.07
Suzukaku Co., Ltd...........................................       24.07
Suzukaku Corporation........................................       24.07
Tokyo Steel Manufacturing Co., Ltd..........................       24.07
Toyota Tsusho Corporation Nagoya............................       24.07
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Assessment

    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).

[[Page 31525]]

    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).\14\ 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.\15\ 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.\16\ 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.\17\
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    \14\ See 19 CFR 351.212(b)(1).
    \15\ Id.
    \16\ Id.
    \17\ 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 ``Rate for Non-Examined Companies'' section, above.
    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by NSC, 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/companies involved in the transaction.\18\
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    \18\ 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,\19\ 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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    \19\ 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: May 18, 2022.
Lisa W. Wang,
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. Final Determination of No Shipments
V. Changes Since the Preliminary Results
VI. Discussion of the Issues
    Comment 1: Whether Commerce Should Deduct Section 232 Duties 
from U.S. Price
    Comment 2: Whether Commerce Should Include the U.S. Revenue for 
Certain Extra Services in Calculating the Net U.S. Price
    Comment 3: Whether Commerce Should Increase the Total Cost of 
Manufacturing to Account for NSC's Purchases of Iron Ore from its 
Affiliated Suppliers
VII. Recommendation

[FR Doc. 2022-11160 Filed 5-23-22; 8:45 am]
BILLING CODE 3510-DS-P