[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37029-37031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11963]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-869]


Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From 
Japan: Preliminary Results of Antidumping Duty Administrative Review, 
and Rescission, in Part; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that sales of subject

[[Page 37030]]

merchandise were made at less than normal value during the period of 
review (POR), May 1, 2021, through April 30, 2022. We are also 
rescinding this review with respect to Nikken Las Industry Co., Ltd. 
(Nikken) and Taiyo Manufacturing Co., Ltd. (Taiyo). We invite 
interested parties to comment on these preliminary results.

DATES: Applicable June 6, 2023.

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) 482-6334.

SUPPLEMENTARY INFORMATION: 

Background

    In May 2014, Commerce published in the Federal Register the 
antidumping duty order on diffusion-annealed, nickel-plated flat-rolled 
steel products (nickel-plated steel products) from Japan.\1\ On July 
14, 2022, based on timely requests for review, in accordance with 19 
CFR 351.221(c)(1)(i), we initiated an administrative review on nickel-
plated steel products from Japan with respect to three producer/
exporters of the subject merchandise, Toyo Kohan Co., Ltd. (Toyo 
Kohan), Nikken, and Taiyo.\2\
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    \1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29, 
2014) (Order).
    \2\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144 (July 14, 2022).
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    On October 4 and 5, 2022, Thomas Steel Strip Corporation, a 
domestic interested party, withdrew its request for review of Nikken 
and Taiyo.\3\ On January 11, 2023, Commerce extended the preliminary 
results of this review to no later than May 31, 2023.\4\
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    \3\ See Thomas Steel Strip Corporation's Letters, ``Diffusion-
Annealed, Nickel-Plated Flat-Rolled Steel Products from Japan: 
Petitioners' Withdrawal of Request for 2020/2021 Administrative 
Review for Nikken and Taiyo,'' dated October 4, 2022, and 
``Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from 
Japan: Errata to Petitioner's October 4, 2022, Partial Withdrawal of 
Review Request,'' dated October 5, 2022, (collectively, Thomas 
Withdrawal Letters).
    \4\ See Memorandum, ``Extension of the Deadline for Preliminary 
Results of the 2021-2022 Antidumping Duty Administrative Review,'' 
dated January 11, 2023.
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    For a complete description of the events that followed the 
initiation of this review, see the Preliminary Decision Memorandum.\5\ 
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 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. A list of 
topics discussed in the Preliminary Decision Memorandum is attached as 
an appendix to this notice.
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    \5\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2021-2022 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 (Preliminary Decision Memorandum).
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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. For a complete 
description of the scope of the Order, see the Preliminary Decision 
Memorandum.

Methodology

    Commerce is conducting this review in accordance with sections 
751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). 
Export price is 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.

Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an 
administrative review, in whole or in part, if the parties that 
requested a review withdraw the request within 90 days of the date of 
publication of the notice of initiation. Commerce received a timely-
filed withdrawal request from Thomas Steel Strip Corporation on October 
4 and 5, 2022, for Nikken and Taiyo.\6\ Because the withdrawal requests 
were timely filed, and no other party requested a review of these 
companies, in accordance with 19 CFR 351.213(d)(1), Commerce is 
rescinding this review of the Order with respect to Nikken and Taiyo.
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    \6\ See Thomas Withdrawal Letters October 4 and 5, 2022.
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Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists for the period May 1, 
2021, through April 30, 2022:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                     Producer/exporter                         dumping
                                                                margin
                                                              (percent)
------------------------------------------------------------------------
Toyo Kohan Co., Ltd........................................       57.32
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Disclosure and Public Comment

    Commerce intends to disclose the calculations performed in 
connection with these preliminary results to interested parties within 
five days after the date of publication of this notice.\7\ Interested 
parties may submit case briefs to Commerce no later than 30 days after 
the date of publication of this notice.\8\ Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed no later than seven days 
after the deadline for filing case briefs.\9\ 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.\10\ Case and rebuttal 
briefs should be filed using ACCESS,\11\ and must be served on 
interested parties.\12\ 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.\13\
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    \7\ See 19 CFR 351.224(b).
    \8\ See 19 CFR 351.309(c).
    \9\ Commerce is exercising its discretion, under 19 CFR 
351.309(d)(1), to alter the time limit for filing of rebuttal 
briefs.
    \10\ See 19 CFR 351.309(c)(2) and (d)(2).
    \11\ See 19 CFR 351.303.
    \12\ See 19 CFR 351.303(f); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \13\ See Temporary Rule.
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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, U.S. Department of Commerce, 
filed electronically via ACCESS within 30 days after the date of 
publication of this notice.\14\ Hearing requests should contain: (1) 
the party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Oral 
presentations at the hearing will be limited to issues raised in the 
briefs. If a request for a hearing is made, parties will be notified of 
the time and date for the hearing.\15\ Parties are reminded that all 
briefs and hearing requests must be filed electronically using ACCESS 
and received successfully in their entirety by

[[Page 37031]]

5:00 p.m. Eastern Time on the established deadline.
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    \14\ See 19 CFR 351.310(c).
    \15\ 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 issues raised in any 
written briefs, not later than 120 days after the date of publication 
of this notice, unless otherwise extended.\16\
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    \16\ See section 751(a)(3)(A) of the Act.
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Assessment Rates

    Upon completion of the final results of this administrative review, 
Commerce shall determine, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries.\17\ 
Pursuant to 19 CFR 351.212(b)(1), If Toyo Kohan's weighted-average 
dumping margin is not zero or de minimis, we will calculate 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 
either the respondent's weighted-average dumping margin is zero or de 
minimis within the meaning of 19 CFR 351.106(c)(1), or an importer-
specific rate is zero or de minimis, we will instruct CBP to liquidate 
the appropriate entries without regard to antidumping duties. The final 
results of this review shall be the basis for the assessment of 
antidumping duties on entries of merchandise covered by the final 
results of this review and for future deposits of estimated duties, 
where applicable.\18\
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    \17\ See 19 CFR 351.212(b).
    \18\ See section 751(a)(2)(C) of the Act.
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    In accordance with Commerce's ``automatic assessment'' practice, 
for entries of subject merchandise during the POR produced by Toyo 
Kohan for which it did not know that the merchandise was destined for 
the United States, we will instruct CBP to liquidate those entries at 
the all-others rate established in the original less-than-fair-value 
(LTFV) investigation (i.e., 45.42 percent) if there is no rate for the 
intermediate company(ies) involved in the transaction.\19\
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    \19\ 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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    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 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 the company 
listed above 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 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.\20\ These cash deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \20\ See Order.
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Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f) 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 doubled antidumping duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.221(b)(4).

    Dated: May 26, 2023.
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. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation

[FR Doc. 2023-11963 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-DS-P