[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).
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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