[Federal Register Volume 89, Number 91 (Thursday, May 9, 2024)]
[Notices]
[Pages 39584-39586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10152]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-874]


Certain Hot-Rolled Steel Flat 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 one 
of the two producers/exporters of hot-rolled steel flat products (hot-
rolled steel) from Japan, Nippon Steel Corporation (NSC), sold subject 
merchandise in the United States at prices below normal value during 
the period of review (POR) October 1, 2021, through September 30, 2022.

DATES: Applicable May 9, 2024.

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 and (202) 482-2371, 
respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On November 6, 2023, Commerce published the preliminary results of 
this review in the Federal Register and invited interested parties to 
comment.\1\ Between December 6 and 13, 2023, Commerce received timely 
filed briefs and rebuttal briefs from NSC \2\ and Nucor Corporation 
(the petitioner).\3\ On February 22, 2024, 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

[[Page 39585]]

Act), and 19 CFR 351.213(h)(2) until May 3, 2024.\4\
---------------------------------------------------------------------------

    \1\ See Certain Hot-Rolled Steel Flat Products from Japan: 
Preliminary Results and Partial Rescission of Antidumping Duty 
Administrative; 2021-2022, 88 FR 76170 (November 6, 2023) 
(Preliminary Results), and accompanying Preliminary Decision 
Memorandum.
    \2\ 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).
    \3\ See NSC's Letter, ``NSC's Case Brief,'' dated December 6, 
2023; see also Petitioner's Letter, ``Nucor's Case Brief and Request 
for Hearing,'' dated December 6, 2023; NSC's Letter, ``NSC's 
Rebuttal Brief,'' dated December 13, 2023; Petitioner's Letter, 
``Nucor's Rebuttal Brief,'' dated December 13, 2023.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review; 2021-2022,'' dated February 
22, 2024.
---------------------------------------------------------------------------

    For a complete summary of the events that have occurred since 
Commerce published the Preliminary Results, as well as a full 
discussion of the issues raised by parties for these final results, see 
the Issues and Decision Memorandum.\5\ Commerce conducted this review 
in accordance with section 751(a) of the Act.
---------------------------------------------------------------------------

    \5\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of the Administrative Review of the Antidumping Duty 
Order on Certain Hot-Rolled Steel Flat Products from Japan; 2021-
2022,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

Scope of the Order 6
---------------------------------------------------------------------------

    \6\ 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.

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 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 did not make changes to NSC's and Tokyo Steel Manufacturing 
Co., Ltd.'s (Tokyo Steel) preliminary results margin calculations. For 
a discussion of these changes, see the Issues and Decision Memorandum.

Final Results of Review

    Commerce determines that the following weighted-average dumping 
margins exist for the period October 1, 2021, through September 30, 
2022:
---------------------------------------------------------------------------

    \7\ 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
                    Producer/exporter                     dumping margin
                                                             (percent)
------------------------------------------------------------------------
Nippon Steel Corporation/Nippon Steel Nisshin Co., Ltd./            1.39
 Nippon Steel Trading Corporation \7\...................
Tokyo Steel Manufacturing Co., Ltd......................            0.00
------------------------------------------------------------------------

Disclosure

    Normally, Commerce discloses to interested parties the calculations 
performed in final results within five days of any public announcement 
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). However, because Commerce did not 
make any change to the Preliminary Results, there are no calculations 
to disclose.

Assessment

    Commerce intends to issue assessment instructions to U.S. Customs 
and Border Protection (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).
    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).\8\ 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.\9\ 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.\10\ 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.\11\
---------------------------------------------------------------------------

    \8\ See 19 CFR 351.212(b)(1).
    \9\ Id.
    \10\ Id.
    \11\ See 19 CFR 351.106(c)(2).
---------------------------------------------------------------------------

    Consistent with Commerce's assessment practice, for entries of 
subject merchandise during the POR produced by NSC or Tokyo Steel 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.\12\
---------------------------------------------------------------------------

    \12\ 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

[[Page 39586]]

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,\13\ the all-others rate established in the LTFV 
investigation. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.
---------------------------------------------------------------------------

    \13\ 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 an 
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 3, 2024.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the 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: Whether Commerce Should Deduct Section 232 Duties 
From U.S. Price
    Comment 2: Whether Commerce Should Use NSC's Original Home 
Market (HM) Sales Database
    Comment 3: Whether Certain NSC HM Transportation Expenses Were 
Misreported Based on the Sales Term
VI. Recommendation

[FR Doc. 2024-10152 Filed 5-8-24; 8:45 am]
BILLING CODE 3510-DS-P