[Federal Register Volume 90, Number 138 (Tuesday, July 22, 2025)]
[Notices]
[Pages 34416-34418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13795]
[[Page 34416]]
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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 and Partial Rescission of Antidumping Duty
Administrative Review; 2023-2024
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain producers/exporters subject to this
administrative review did not make sales of subject merchandise at less
than normal value (NV) during the period of review (POR), May 1, 2023,
through April 30, 2024. We are also partially rescinding this review
with respect to companies for which all review requests were timely
withdrawn. We invite interested parties to comment on these preliminary
results.
DATES: Applicable July 22, 2025.
FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, AD/CVD
Operations, Office IX, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6412.
SUPPLEMENTARY INFORMATION:
Background
On May 29, 2014, Commerce published the antidumping duty order on
diffusion-annealed, nickel-plated flat-rolled steel products (nickel-
plated steel products) from Japan in the Federal Register.\1\ On July
5, 2024, based on timely requests for review, we initiated an
administrative review of the Order with respect to eight companies:
Toyo Kohan Co., Ltd. (Toyo Kohan); KAGA, Inc. (KAGA); Marubeni-Itochu
Steel, Inc. (Marubeni); Okaya & Co., Ltd. (Okaya); Oneda Corporation;
Oneda Electric Corporation (Oneda Electric); Nikken Lath Kogyo Co.,
Ltd. (Nikken Lath); and Panasonic Operational Excellence Co., Ltd.
(Panasonic).\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, 89 FR 55567 (July 5, 2024) (Initiation
Notice).
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On July 22, 2024, Commerce tolled certain deadlines in this
administrative proceeding by seven days.\3\ On September 24, 2024,
Thomas Steel Strip Corporation (the petitioner) timely withdrew its
review request for KAGA, Inc., Marubeni-Itochu Steel, Inc., Okaya &
Co., Ltd., Oneda Corporation, Oneda Electric Corporation, Nikken Lath
Kogyo Co., Ltd., and Panasonic Operational Excellence Co., Ltd.\4\ On
December 9, 2024, Commerce tolled certain deadlines in this
administrative proceeding by 90 days.\5\ On April 23, 2025, Commerce
extended the preliminary results of this review to no later than July
17, 2025.\6\
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\3\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\4\ See Petitioner's Letter, ``Petitioners' Partial Withdrawal
of Request for 2023/2024 Administrative Review,'' dated September
24, 2024 (Petitioner's Withdrawal Letter).
\5\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated December 9, 2024.
\6\ See Memorandum, ``Extension of the Deadline for Preliminary
Results of 2023-2024 Antidumping Duty Administrative Review,'' dated
April 23, 2025.
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For a complete description of the events that followed the
initiation of this review, see the Preliminary Decision Memorandum.\7\
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.
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\7\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the 2022-2023 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 products subject to the Order are nickel-plated steel products
from Japan. For a full description of the scope of the Order, see the
Preliminary Decision Memorandum.
Recission of Administrative Review, in Part
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 Initiation Notice. On September 12, 2023, the
petitioner filed a timely withdrawal of its review request for KAGA,
Marubeni, Okaya, Oneda Corporation, Oneda Electric, Nikken Lath, and
Panasonic.\8\ Because no other party requested a review of these seven
companies, in accordance with 19 CFR 351.213(d)(1), Commerce is
rescinding this review with respect to them.
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\8\ See Petitioner's Withdrawal Letter.
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Methodology
Commerce is conducting this review in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act). We calculated
export price in accordance with section 772 of the Act. We calculated
NV in accordance with section 773 of the Act. For a full description of
the methodology underlying these preliminary results, see the
Preliminary Decision Memorandum.
Preliminary Results of the Review
We preliminarily determine the following estimated weighted-average
dumping margin exists for the period May 1, 2023, through April 30,
2024:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Toyo Kohan Co., Ltd........................................ 0.00
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Disclosure
Commerce intends to disclose its calculations and analysis
performed to interested parties for these preliminary results within
five days of any public announcement or, if there is no public
announcement, within five days of the date of publication of this
notice in accordance with 19 CFR 351.224(b).
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.309(c)(1)(ii), we have modified the deadline for interested parties
to submit case briefs to Commerce to no later than 21 days after the
date of the publication of this notice.\9\ Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\10\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\11\
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\9\ See 19 CFR 351.309.
\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 CFR 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
[[Page 34417]]
proceedings, we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this review, we instead request that
interested parties provide, at the beginning of their briefs, a public
executive summary for each issue raised in their briefs.\12\ Further,
we request that interested parties limit their public executive summary
of each issue to no more than 450 words, not including citations. We
intend to use the public executive summaries as the basis of the
comment summaries included in the issues and decision memorandum that
will accompany the final results in this administrative review. We
request that interested parties include footnotes for relevant
citations in the public executive summary of each issue. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final 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 within 30 days after the date
of publication of this notice. 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. Issues raised in the hearing
will be limited to those raised in the respective case briefs. 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.\14\
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\14\ See 19 CFR 351.310(d).
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All submissions, including case and rebuttal briefs, as well as
hearing requests, should be filed via ACCESS.\15\ An electronically
filed document must be received successfully in its entirety by ACCESS
by 5:00 p.m. Eastern Time on the established deadline. Note that
Commerce has amended certain of its requirements pertaining to the
service of documents in 19 CFR 351.303(f).
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\15\ See 19 CFR 351.303.
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Assessment Rates
Upon completion of this administrative review, pursuant to section
751(a)(2)(A) of the Act, Commerce shall determine, and U.S. Customs and
Border Protection (CBP) shall assess, antidumping duties on all
appropriate entries covered by this review. Pursuant to 19 CFR
351.212(b)(1), we calculated 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 those
sales. 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 assessment 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 this review and for future deposits of estimated duties,
where applicable.\16\
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\16\ 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 the company 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 less-than-fair-value
(LTFV) investigation (i.e., 45.42 percent),\17\ if there is no rate for
the intermediate company(ies) involved in the transaction.\18\
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\17\ See Order, 79 FR at 30817.
\18\ For a full description 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 for Toyo
Kohan 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).
For the companies for which we are rescinding this review, Commerce
will instruct CBP to assess antidumping duties on all appropriate
entries at a rate equal to the cash deposit of estimated antidumping
duties required at the time of entry, or withdrawal from warehouse,
during the period May 1, 2023, through April 30, 2024, in accordance
with 19 CFR 351.212(c)(l)(i). Commerce intends to issue these
rescission instructions to CBP no earlier than 35 days after the date
of publication of this notice in the Federal Register.
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 administrative 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 rate published for the most
recently-completed segment of this proceeding in which the company was
reviewed; (3) if the exporter is not a firm covered in this review, a
prior review, or the LTFV investigation, but the producer is, then the
cash deposit rate will be the 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.\19\ These deposit requirements,
when imposed, shall remain in effect until further notice.
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\19\ See Order, 79 FR at 30817.
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Final Results of Review
Unless otherwise extended, Commerce intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, no later than 120
days after the date of publication of this notice in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
Notification to Importers
This notice 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 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 duties occurred and the subsequent
assessment of doubled 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, and 19 CFR 351.221(b)(4).
[[Page 34418]]
Dated: July 17, 2025.
Christopher Abbott,
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 Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
[FR Doc. 2025-13795 Filed 7-21-25; 8:45 am]
BILLING CODE 3510-DS-P