[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66130-66132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23827]


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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: 2020-2021

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that 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, 2020, through September 30, 2021.

DATES: Applicable November 2, 2022.

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 November 29, 2021, covering two 
producers and/or exporters.\2\ We selected one of these companies, 
NSC,\3\ as the mandatory respondent.\4\ On June 13, 2022, we extended 
the deadline for the preliminary results of this review by an 
additional 117 days, in accordance with section 751(a)(3)(A) of the Act 
and 19 CFR 351.213(h)(1), until October 28, 2022s.\5\ For a detailed 
description of the events that followed the initiation of this review, 
see the Preliminary Decision Memorandum.\6\
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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, 86 FR 67685 (November 29, 2021).
    \3\ NSC is a single entity comprised of the following companies: 
Nippon Steel Corporation; Nippon Steel Nisshin Co., Ltd.; and Nippon 
Steel Trading 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).
    \4\ See Memorandum, ``Respondent Selection for the 2020-2021 
Antidumping Duty Administrative Review of Certain Hot-Rolled Steel 
Flat Products from Japan,'' dated February 23, 2022.
    \5\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products 
from Japan: Extension of Deadline for Preliminary Results of 
Antidumping Duty Administrative Review--2020-2021,'' dated June 13, 
2022.
    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the Antidumping Duty Administrative Reviews: Certain Hot-
Rolled Steel Flat Products from Japan; 2020-2021,'' 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.\7\
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    \7\ Id.
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Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a) of the Act. Export price and constructed 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 https://access.trade.gov. In addition, a complete version of the Preliminary 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Rate for Non-Examined Company

    The Act 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

[[Page 66131]]

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.
    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 the company not individually examined, 
Tokyo Steel Manufacturing Co., Ltd., a margin of 7.81 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, 2020, through September 30, 2021:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Producer/exporter                         dumping
                                                                margin
                                                               (percent)
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Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./            7.81
 Nippon Steel Trading Corporation...........................
Tokyo Steel Manufacturing Co., Ltd..........................        7.81
------------------------------------------------------------------------

Assessment Rates

    Upon completion of the administrative review, Commerce shall 
determine, and U.S. Customs and Border Protection (CBP) shall assess, 
antidumping duties on all appropriate entries. If the weighted-average 
dumping margin for NSC is not zero or de minimis (i.e., less than 0.5 
percent) in the final results of this review, 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). 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 NSC'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.'' \8\
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    \8\ 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, 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.\9\ For the companies which 
were not selected for individual examination, we intend to assign an 
assessment rate based on the methodology described in the ``Rate for 
Non-Examined Company'' section above.
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    \9\ 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.\10\ These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \10\ 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.\11\ Parties who submit case 
briefs 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.\12\ Case and rebuttal 
briefs should be filed using ACCESS \13\ and must be served on 
interested parties.\14\ Executive summaries should be limited to five 
pages total, including footnotes. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\15\
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    \11\ See 19 CFR 351.309(d).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ See generally 19 CFR 351.303.
    \14\ See 19 CFR 351.303(f).
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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.\16\ 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

[[Page 66132]]

a hearing is made, Commerce intends to hold the hearing at a date and 
time to be determined.\17\ Parties should confirm the date, time, and 
location of the hearing two days before the scheduled date.
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    \16\ See 19 CFR 351.310(c).
    \17\ 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.\18\
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    \18\ 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 and/or countervailing 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 and/or countervailing 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 27, 2022.
Lisa W. Wang,
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. Rate for Non-Examined Company
V. Discussion of the Methodology
VI. Currency Conversion
VII. Recommendation

[FR Doc. 2022-23827 Filed 11-1-22; 8:45 am]
BILLING CODE 3510-DS-P