[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85590-85592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26936]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-869]


Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From 
Japan: Final Results of Antidumping Duty Administrative Review; 2021-
2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
Toyo Kohan Co., Ltd. (Toyo Kohan) made sales of subject merchandise at 
less than normal value during the period of review (POR), May 1, 2021, 
through April 30, 2022.

DATES: Applicable December 8, 2023.

FOR FURTHER INFORMATION CONTACT: Amaris Wade, AD/CVD Operations, Office 
II, Enforcement and Compliance, International Trade Administration,

[[Page 85591]]

U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, 
DC 20230; telephone: (202) 482-6334.

SUPPLEMENTARY INFORMATION:

Background

    On June 6, 2023, Commerce published in the Federal Register the 
preliminary results of the 2021-2022 administrative review of the 
antidumping duty order on diffusion-annealed, nickel-plated flat-rolled 
steel products (nickel-plated steel products) from Japan.\1\ This 
review covers one producer/exporter of the subject merchandise, Toyo 
Kohan. We invited interested parties to comment on the Preliminary 
Results.\2\ On July 6, 2023, we received case briefs from the 
petitioner \3\ and from Toyo Kohan.\4\ On September 14, 2023, Commerce 
extended the deadline for the final results of review until December 1, 
2023.\5\ For a complete description of the events that occurred since 
the Preliminary Results, see the Issues and Decision Memorandum.\6\ 
Commerce conducted this review in accordance with section 751(a)(1)(B) 
of the Tariff Act of 1930, as amended (the Act).
---------------------------------------------------------------------------

    \1\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Preliminary Results of Antidumping Duty 
Administrative Review, and Rescission, in Part; 2021-2022, 88 FR 
37029 (June 6, 2023) (Preliminary Results), and accompanying 
Preliminary Decision Memorandum.
    \2\ See Preliminary Results, 88 FR at 37029.
    \3\ See Petitioner's Letter, ``Case Brief of Thomas Steel Strip 
Corporation,'' dated July 6, 2023. The petitioner is Thomas Steel 
Strip Corporation.
    \4\ See Toyo Kohan's Letter, ``Toyo Kohan's Case Brief,'' dated 
July 6, 2023.
    \5\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated September 14, 2023.
    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan; 2021-2022,'' dated concurrently with, and 
hereby adopted by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

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

    \7\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel 
Products from Japan: Antidumping Duty Order, 79 FR 30816 (May 29, 
2014) (Order).
---------------------------------------------------------------------------

    The products covered by the Order are nickel-plated steel products. 
A full description of the scope of the Order is contained in the Issues 
and Decision Memorandum.

Analysis of Comments Received

    All issues raised in the case briefs that were submitted by parties 
in this administrative review are addressed in the Issues and Decision 
Memorandum and are listed 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 at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on a review of the record and the comments received from 
interested parties regarding our Preliminary Results, and for the 
reasons explained in the Issues and Decision Memorandum, we made 
certain changes to the weighted-average dumping margin calculations for 
Toyo Kohan for the final results of review.\8\
---------------------------------------------------------------------------

    \8\ See Issues and Decision Memorandum.
---------------------------------------------------------------------------

    Final Results of Review
    We 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........................................        0.92
------------------------------------------------------------------------

Disclosure

    We intend to disclose the calculations performed in connection with 
these final results of review to interested parties in this proceeding 
within five days after public announcement of the final results or, if 
there is no public announcement, within five days of the date of 
publication of the notice of final results in the Federal Register, in 
accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with the final results of 
this review.
    For Toyo Kohan, we calculated importer-specific ad valorem duty 
assessment rates on the basis of the ratio of the total amount of 
dumping calculated for each importer's examined sales and the total 
entered value of those sales in accordance with 19 CFR 351.212(b)(1). 
Where an importer-specific assessment rate is de minimis (i.e., less 
than 0.5 percent), the entries by that importer will be liquidated 
without regard to antidumping duties.
    For entries of subject merchandise during the POR produced by Toyo 
Kohan for which it 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 established in the less-than-fair-value (LTFV) 
investigation of 45.42 percent ad valorem,\9\ if there is no rate for 
the intermediate company(ies) involved in the transaction.
---------------------------------------------------------------------------

    \9\ See Order, 79 FR at 30816.
---------------------------------------------------------------------------

    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

    Upon publication of this notice in the Federal Register, the 
following cash deposit requirements will be effective for all shipments 
of nickel-plated steel products entered, or withdrawn from warehouse, 
for consumption on or after the date of publication as provided by 
section 751(a)(2) of the Act: (1) the cash deposit rates for the 
company subject to this review will be equal to the weighted-average 
dumping margin established in the final results of the review; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in a prior completed segment of the proceeding, the 
cash deposit rate will continue to be the company-specific rate 
published in the completed segment for the most recent period; (3) if 
the exporter is not a firm covered in this review, a prior review, or 
the original LTFV investigation but the producer has been covered in a 
prior completed segment of this proceeding, then the cash deposit rate 
will be the rate established in the completed segment for the most 
recent period 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 for this proceeding.\10\ These cash deposit requirements, 
when imposed, shall remain in effect until further notice.
---------------------------------------------------------------------------

    \10\ See Order, 79 FR at 30816.
---------------------------------------------------------------------------

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

[[Page 85592]]

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.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
an administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/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 violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).

    Dated: November 30, 2023.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of the Issues
    Comment 1: Kohan Shoji Co., Ltd.'s (Kohan Shoji) Billing 
Adjustments
    Comment 2: Incorrect Date of Sale
    Comment 3: Incorrect Comparison Market Database
VI. Recommendation

[FR Doc. 2023-26936 Filed 12-7-23; 8:45 am]
BILLING CODE 3510-DS-P