[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28500-28502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09508]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-874]


Certain Hot-Rolled Steel Flat Products From Japan: Final 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) 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, 2020, through September 30, 2021.

DATES: Applicable May 4, 2023.

FOR FURTHER INFORMATION CONTACT: Jun 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.

[[Page 28501]]


SUPPLEMENTARY INFORMATION:

Background

    On November 2, 2022, Commerce published the Preliminary Results of 
this review in the Federal Register.\1\ We invited interested parties 
to comment on the Preliminary Results. Between December 2 and 9, 2022, 
Commerce received timely filed briefs and rebuttal briefs from NSC, 
Nucor (the petitioner), and Tokyo Steel Manufacturing Co., Ltd. (Tokyo 
Steel) and Optima Steel International, LLC.\2\ On December 2, 2022, 
Commerce received hearing requests from NSC and Nucor.\3\ On December 
16, 2022 and February 10, 2023, NSC and Nucor each withdrew its hearing 
request, respectively.\4\
---------------------------------------------------------------------------

    \1\ See Certain Hot-Rolled Steel Flat Products from Japan: 
Preliminary Results of Antidumping Duty Administrative; 2020-2021; 
87 FR 66130 (November 2, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum (PDM).
    \2\ See NSC's Letter, ``NSC's Case Brief,'' dated December 2, 
2022; Nucor's Letter, ``Nucor's Case Brief,'' dated December 2, 
2022; Tokyo Steel's Letter, ``Tokyo Steel Manufacturing Co., Ltd. 
and Optima Steel International LLC's Case Brief,'' dated December 2, 
2022; NSC's Letter, ``NSC's Rebuttal Brief,'' dated December 9, 
2022; Nucor's Letter, ``Nucor's Rebuttal Brief,'' dated December 9, 
2022.
    \3\ See NSC's Letter, ``NSC's Hearing Request,'' dated December 
2, 2022; Nucor's Letter, ``Request for Hearing,'' dated December 2, 
2022.
    \4\ See NSC's Letter, ``Withdrawl of NSC's Hearing Request,'' 
dated December 16, 2022; Nucor's Letter, ``Withdrawal of Request for 
Hearing,'' dated February 10, 2023.
---------------------------------------------------------------------------

    On February 13, 2023, we extended the deadline for the final 
results, in accordance with section 751(a)(3)(A) of the Tariff Act of 
1930, as amended (the Act), and 19 CFR 351.213(h)(2).\5\ The deadline 
for the final results of this review is April 28, 2023.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2020-2021,'' dated February 
13, 2023.
---------------------------------------------------------------------------

    These final results cover two producers and/or exporters of subject 
merchandise.\6\ Based on an analysis of the comments received, we made 
certain changes to the weighted-average dumping margins 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 Act.
---------------------------------------------------------------------------

    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 67685 (November 29, 2021).
---------------------------------------------------------------------------

Scope of the Order \7\
---------------------------------------------------------------------------

    \7\ 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).
---------------------------------------------------------------------------

    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.\8\
---------------------------------------------------------------------------

    \8\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review: Certain 
Hot-Rolled Steel Flat Products from Japan; 2020-2021,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
---------------------------------------------------------------------------

Analysis of Comments Received

    We addressed all issues raised in the case and rebuttal briefs in 
the Issues and Decision Memorandum, which is hereby adopted with this 
notice. The issues are identified in Appendix I 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 certain 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 the 
non-examined company, Tokyo Steel, a margin of 7.72 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, 2020, through 
September 30, 2021:
---------------------------------------------------------------------------

    \9\ 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.

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                      Exporter/producer                         dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./            7.72
 Nippon Steel Trading Corporation \9\.......................
Tokyo Steel Manufacturing Co., Ltd..........................        7.72
------------------------------------------------------------------------

Assessment

    Consistent with its recent notice,\10\ 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).
---------------------------------------------------------------------------

    \10\ See Notice of Discontinuation of Policy to Issue 
Liquidation Instructions After 15 Days in Applicable Antidumping and 
Countervailing Duly Administrative Proceedings, 86 FR 3995 (January 
15, 2021).
---------------------------------------------------------------------------

    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).\11\ Where Commerce 
calculated a weighted-average dumping margin by dividing the total 
amount of dumping for reviewed

[[Page 28502]]

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.\12\ 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.\13\ 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.\14\
---------------------------------------------------------------------------

    \11\ See 19 CFR 351.212(b)(1).
    \12\ Id.
    \13\ Id.
    \14\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    For the company which were not selected for individual review, we 
will assign an assessment rate based on the methodology described in 
the ``Rates 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(ies) involved in the transaction.\15\
---------------------------------------------------------------------------

    \15\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
---------------------------------------------------------------------------

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,\16\ the all-
others rate established in the LTFV investigation. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
---------------------------------------------------------------------------

    \16\ 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).
---------------------------------------------------------------------------

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: April 28, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Whether Commerce Should Deduct Section 232 Duties 
From U.S. Price
    Comment 2: Whether Commerce Erred in Applying its Differential 
Pricing Analysis
    Comment 3: Whether Commerce Should Include Certain U.S. and Home 
Market Sales in its Calculation of NSC's Dumping Margin
    Comment 4: Whether Commerce Should Include Certain U.S. Revenue 
Fields for Certain Extra Services in Calculating NSC's Dumping 
Margin
    Comment 5: Whether NSC's Fees Paid to Unaffiliated Trading 
Companies Should Be Treated as Commissions
    Comment 6: Whether Commerce Should Calculate a Company Specific 
AD Assessment Rate for Tokyo Steel
VI. Recommendation

[FR Doc. 2023-09508 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P