Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products From Japan: Preliminary Results of Antidumping Duty Administrative Review, Preliminary Determination of No Shipments; 2015-2016, 26046-26048 [2017-11672]
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26046
Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
should contain: (1) The party’s name,
address, and telephone number; (2) the
number of participants; and (3) a list of
the issues to be discussed. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs.
We intend to issue the final results of
this administrative review, including
the results of our analysis of issues
raised by the parties in the written
comments, within 120 days of
publication of these preliminary results
in the Federal Register, unless
otherwise extended.12
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 the
Department’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
These preliminary results of
administrative review are issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
Dated: May 31, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
mstockstill on DSK30JT082PROD with NOTICES
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Selection of Respondents
V. Preliminary Determination of No
Shipments
VI. Affiliation
VII. Respondents Not Selected for Individual
Examination
VIII. Allegation of Duty Evasion
IX. Use of Partial Adverse Facts Available
X. Discussion of the Methodology
a. Comparison to Normal Value
i. Determination of a Comaparison
Methodology
ii. Results of Differential Pricing
b. Product Comparisons
c. Date of Sale
d. Export Price
e. Duty Drawback
f. Normal Value
i. Home Market Viability
ii. Affiliated-Party Transactions and Arm’s
Length Test
iii. Level of Trade
g. Cost of Production Analysis
12 See
section 751(a)(3)(A) of the Act and 19 CFR
351.213(h)(1).
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i. Calculation of Cost of Production
ii. Test of Comparison Market Prices
iii. Results of Cost of Production Test
h. Calculation of a Normal Value on
Comparison-Market Prices
i. Currency Conversion
XI. Conclusion
[FR Doc. 2017–11667 Filed 6–5–17; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–588–869]
Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products From Japan:
Preliminary Results of Antidumping
Duty Administrative Review,
Preliminary Determination of No
Shipments; 2015–2016
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on diffusionannealed, nickel-plated flat-rolled steel
products (certain nickel-plated, flatrolled steel) from Japan.1 The period of
review (POR) is May 1, 2015, through
April 30, 2016. The review covers two
producers/exporters of the subject
merchandise, Toyo Kohan Co., Ltd.
(Toyo Kohan) and Nippon Steel &
Sumitomo Metals Corporation
(NSSMC). We preliminarily determine
that sales of subject merchandise by
Toyo Kohan were made at less than
normal value during the POR. We also
preliminarily determine that NSSMC
did not have reviewable entries during
the POR. Interested parties are invited to
comment on these preliminary results.
DATES: Effective June 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Brian Davis, AD/CVD Operations, Office
VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–7924,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2016, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on certain
nickel-plated, flat-rolled steel from
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 81 FR
44260 (July 7, 2016) (Initiation Notice).
PO 00000
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Fmt 4703
Sfmt 4703
Japan.2 On May 11, 2016, respondent
Toyo Kohan requested that the
Department conduct an administrative
review of its sale and shipments to the
United States during the POR.3 On May
31, 2016, the petitioner, Thomas Steel
Strip Corporation (Thomas Steel),
requested that the Department conduct
administrative reviews of Toyo Kohan
and NSSMC.4 On July 7, 2016, in
response to these timely requests, and in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.221(c)(1)(i), the
Department initiated an administrative
review of the antidumping duty order
on certain nickel-plated, flat-rolled steel
from Japan with respect to both Toyo
Kohan and NSSMC.5
Scope of the Order
The diffusion-annealed, nickel-plated
flat-rolled steel products included in
this order are flat-rolled, cold-reduced
steel products, regardless of chemistry;
whether or not in coils; either plated or
coated with nickel or nickel-based
alloys and subsequently annealed (i.e.,
‘‘diffusion-annealed’’); whether or not
painted, varnished or coated with
plastics or other metallic or nonmetallic
substances; and less than or equal to 2.0
mm in nominal thickness. For purposes
of this order, ‘‘nickel-based alloys’’
include all nickel alloys with other
metals in which nickel accounts for at
least 80 percent of the alloy by volume.
Imports of merchandise included in
the scope of this order are classified
primarily under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings 7212.50.0000 and
7210.90.6000, but may also be classified
under HTSUS subheadings
7210.70.6090, 7212.40.1000,
7212.40.5000, 7219.90.0020,
7219.90.0025, 7219.90.0060,
7219.90.0080, 7220.90.0010,
7220.90.0015, 7225.99.0090, or
7226.99.0180. The foregoing HTSUS
subheadings are provided only for
convenience and customs purposes. The
written description of the scope of this
order is dispositive.
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 81 FR 26206
(May 2, 2016).
3 See Letter from Toyo Kohan to the Department
regarding ‘‘Toyo Kohan’s Request for Antidumping
Administrative Review, Diffusion-Annealed NickelPlated Flat-Rolled Steel Products from Japan,’’
dated May 11, 2016.
4 See Letter from Thomas Steel to the Department
regarding ‘‘Diffusion-Annealed Nickel-Plated FlatRolled Steel from Japan: Request for Second
Administrative Review of Antidumping Order,’’
dated May 31, 2016.
5 See Initiation Notice, 81 FR at 44262.
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Preliminary Determination of No
Shipments
Subsequent to the initiation of this
administrative review, the Department
received a timely submission from
NSSMC certifying that it did not have
sales, shipments, or exports of subject
merchandise to the United States during
the POR.6 To confirm NSSMC’s no
shipment claim, the Department issued
a no-shipment inquiry to U.S. Customs
and Border Protection (CBP) requesting
that it review NSSMC’s no-shipment
claim.7 CBP did not report that it had
any information to contradict NSSMC’s
claim of no shipments during the POR.8
Therefore, we preliminarily determine
that NSSMC had no shipments to the
United States, and therefore, no
reviewable entries, during the POR. In
addition, we find it is not appropriate to
rescind the review with respect to
NSSMC, but, rather to complete the
review and issue appropriate
instructions to CBP based on the final
results of the review, consistent with
our practice.9
mstockstill on DSK30JT082PROD with NOTICES
Methodology
The Department is conducting this
review in accordance with section
751(a)(2) of the Act. For Toyo Kohan,
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
memorandum from Gary Taverman,
Deputy Assistant Secretary for AD/CVD
Operations, to Ronald K. Lorentzen,
Acting Assistant Secretary for
Enforcement and Compliance, titled
‘‘Decision Memorandum for Preliminary
Results of Antidumping Duty
6 See Letter from NSSMC to the Department
regarding ‘‘Diffusion-Annealed Nickel-Plated FlatRolled Steel Products from Japan: Certification on
No U.S. Sales During Administrative Review
Period,’’ dated August 5, 2016 and Letter from
NSSMC to the Department regarding ‘‘DiffusionAnnealed Nickel-Plated Flat-Rolled Steel Products
from Japan: Response to July 25, 2016 Department
Questionnaire,’’ dated August 10, 2016.
7 See the Memorandum to the File from Dena
Crossland, ‘‘Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: No Shipments
During the Period of Review from Nippon Steel &
Sumitomo Metals Corporation,’’ dated May 11,
2017.
8 Id.
9 See e.g., Certain Frozen Warmwater Shrimp
from Thailand; Preliminary Results of Antidumping
Duty Administrative Review, Partial Rescission of
Review, Preliminary Determination of No
Shipments; 2012–2013, 79 FR 15951, 15952 (March
24, 2014), unchanged in Certain Frozen Warmwater
Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final
Determination of No Shipments, and Partial
Rescission of Review; 2012–2013, 79 FR 51306
(August 28, 2014).
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Administrative Review: DiffusionAnnealed, Nickel-Plated Flat-Rolled
Steel Products (Certain Nickel-Plated,
Flat-Rolled Steel) from Japan; 2015–
2016’’ (Preliminary Decision
Memorandum), which is issued
concurrent with and hereby adopted by
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 to ACCESS is available to
registered users at https://
access.trade.gov and is available to all
parties in the Central Records Unit,
Room B8024 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
enforcement.trade.gov/frn/.
A list of topics discussed in the
Preliminary Decision Memorandum is
attached as an Appendix to this notice.
The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
We preliminarily determine that, for
the period May 1, 2015, through April
30, 2016, the following dumping margin
exists:
Manufacturer/exporter
Weightedaverage
margin
(percent)
Toyo Kohan Co., Ltd. ...........
1.42
Disclosure and Public Comment
The Department will disclose to
parties to the proceeding any
calculations performed in connection
with these preliminary results of review
within five days after the date of
publication of this notice.10 Interested
parties may submit case briefs to the
Department in response to these
preliminary results no later than 30 days
after the publication of these
preliminary results.11 Rebuttal briefs,
the content of which is limited to the
issues raised in the case briefs, must be
filed within five days from the deadline
date for the submission of case briefs.12
Parties who submit arguments in this
proceeding are requested to submit with
each argument: (1) A statement of the
issue; (2) a brief summary of the
argument; and (3) a table of
10 See
19 CFR 351.224(b)
19 CFR 351.309(c)(1)(ii).
12 See 19 CFR 351.309(d)(1) and (2).
11 See
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26047
authorities.13 Executive summaries
should be limited to five pages total,
including footnotes. Case and rebuttal
briefs should be filed using ACCESS.14
In order to be properly filed, ACCESS
must successfully receive an
electronically-filed document in its
entirety by 5 p.m. Eastern Time. Case
and rebuttal briefs must be served on
interested parties.15
Within 30 days of the date of
publication of this notice, interested
parties may request a public hearing on
arguments raised in the case and
rebuttal briefs.16 Unless the Department
specifies otherwise, the hearing, if
requested, will be held two days after
the date for submission of rebuttal
briefs.17 Hearing requests should be
electronically submitted to the
Department via ACCESS.18 The
Department’s electronic records system,
ACCESS, must successfully receive an
electronically-filed document in its
entirety by 5:00 p.m. Eastern Time
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 and
rebuttal briefs.19 Parties will be notified
of the time and location of the hearing.
The Department intends to publish
the final results of this administrative
review, including the results of its
analysis of issues addressed in any case
or rebuttal brief, no later than 120 days
after publication of the preliminary
results, unless extended.20
Assessment Rates
Upon completion of this
administrative review, the Department
shall determine, and CBP shall assess,
antidumping duties on all appropriate
entries.21 If Toyo Kohan’s weightedaverage dumping margin is not zero or
de minimis in the final results of this
review, we will calculate importerspecific assessment rates on the basis of
the ratio of the total amount of
antidumping duties calculated for an
importer’s examined sales and the total
entered value of such sales in
accordance with 19 CFR 351.212(b)(1).
If Toyo Kohan’s weighted-average
13 See
19 CFR 351.309(c)(2) and (d)(2).
generally 19 CFR 351.303.
15 See 19 CFR 351.303(f).
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310(d)(1).
18 See generally, 19 CFR 351.303.
19 See 19 CFR 351.310(c).
20 See section 751(a)(3)(A) of the Act; 19 CFR
351.213(h).
21 See 19 CFR 351.212(b)(1).
14 See
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Federal Register / Vol. 82, No. 107 / Tuesday, June 6, 2017 / Notices
published for the most recent period; (3)
if the exporter is not a firm covered in
this review, a prior review, or in the
less-than-fair value investigation but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be the allothers rate of 45.42 percent, which is
the all-others rate established in the
investigation.26 These cash deposit
requirements, when imposed, shall
remain in effect until further notice.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review 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 Toyo Kohan will be
that established in the final results of
this administrative review (except, if the
rate is zero or de minimis, no cash
deposit will be required); (2) for
merchandise exported by manufacturers
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
mstockstill on DSK30JT082PROD with NOTICES
dumping margin is zero or de minimis
in the final results of review, we will
instruct CBP not to assess duties on any
of its entries in accordance with the
Final Modification for Reviews, i.e.,
‘‘{w}here the weighted-average margin
of dumping for the exporter is
determined to be zero or de minimis, no
antidumping duties will be assessed.’’ 22
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.
For entries of subject merchandise
during the POR produced by Toyo
Kohan for which it did not know its
merchandise was destined for the
United States, we will instruct CBP to
liquidate unreviewed entries at the allothers rate if there is no rate for
intermediate company(ies) involved in
the transaction.23 In addition, if the
Department determines that NSSMC
had no shipments of subject
merchandise, any suspended entries
that entered under NSSMC’s case
number will be liquidated at the allother’s rate.24 The all-others rate is
45.42 percent.25 We intend to issue
liquidation instructions to CBP 15 days
after publication of the final results of
this review.
Dated: May 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement
and Compliance.
22 See Antidumping Proceedings: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102
(February 14, 2012) (Final Modification for
Reviews).
23 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
24 Id.
25 See Diffusion-Annealed, Nickel-Plated FlatRolled Steel Products from Japan: Antidumping
Duty Order, 79 FR 30816, 30817 (May 29, 2014)
(Order).
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Notification to Importers
This notice also serves as a 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 review period. Failure to
comply with this requirement could
result in the Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h)(1).
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Finding of No Shipments
V. Comparisons to Normal Value
VI. Product Comparisons
VII. Discussion of Methodology
A. Determination of Comparison Method
B. Results of the Differential Pricing
Analysis
C. Date of Sale
D. Export Price
E. Normal Value
1. Home Market Viability
2. Level of Trade
3. Sales to Affiliated Customers
4. Cost of Production Analysis
5. Cost of Production Test
6. Calculation of Normal Value Based on
Comparison Market Prices
7. Price-to-Constructed Value Comparisons
8. Constructed Value
F. Currency Conversion
VIII. Recommendation
[FR Doc. 2017–11672 Filed 6–5–17; 8:45 am]
BILLING CODE 3510–DS–P
26 See
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Notice of Partial Rescission of
Antidumping Duty Administrative
Review; 2016–2017
Enforcement and Compliance,
International Trade Administration,
Commerce.
SUMMARY: On April 10, 2017, The
Department of Commerce (the
Department) published a notice of
initiation of an administrative review of
the antidumping duty order on small
diameter graphite electrodes from the
People’s Republic of China (PRC). Based
on the timely withdrawal of the requests
for review of certain companies, we are
now rescinding this administrative
review for the period February 1, 2016
through January 31, 2017 with respect to
191 companies.
DATES: Effective June 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or John Anwesen, AD/
CVD Operations, Office VIII,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–5973 or
(202) 482–0131, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On February 8, 2017, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on small
diameter graphite electrodes from the
PRC for the period of review (POR)
February 1, 2016, through January 31,
2017.1
On February 28, 2017, SGL Carbon
LLC and Superior Graphite Co. (the
petitioners) requested an administrative
review of the order for 194 producers
and/or exporters of the subject
merchandise.2 On April 10, 2017, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.221(c)(1)(i), we initiated
an administrative review of the order on
small diameter graphite electrodes from
the People’s Republic of China with
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 82 FR 9709
(February 8, 2017).
2 See the petitioners’ submission, ‘‘Small
Diameter Graphite Electrodes from the People’s
Republic of China—Request for Initiation of
Antidumping Administrative Review,’’ dated
February 28, 2017.
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Agencies
[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26046-26048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11672]
-----------------------------------------------------------------------
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,
Preliminary Determination of No Shipments; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is conducting an
administrative review of the antidumping duty order on diffusion-
annealed, nickel-plated flat-rolled steel products (certain nickel-
plated, flat-rolled steel) from Japan.\1\ The period of review (POR) is
May 1, 2015, through April 30, 2016. The review covers two producers/
exporters of the subject merchandise, Toyo Kohan Co., Ltd. (Toyo Kohan)
and Nippon Steel & Sumitomo Metals Corporation (NSSMC). We
preliminarily determine that sales of subject merchandise by Toyo Kohan
were made at less than normal value during the POR. We also
preliminarily determine that NSSMC did not have reviewable entries
during the POR. Interested parties are invited to comment on these
preliminary results.
---------------------------------------------------------------------------
\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 81 FR 44260 (July 7, 2016) (Initiation
Notice).
---------------------------------------------------------------------------
DATES: Effective June 6, 2017.
FOR FURTHER INFORMATION CONTACT: Brian Davis, AD/CVD Operations, Office
VI, Enforcement and Compliance, International Trade Administration,
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482-7924, respectively.
SUPPLEMENTARY INFORMATION:
Background
On May 2, 2016, the Department published a notice of opportunity to
request an administrative review of the antidumping duty order on
certain nickel-plated, flat-rolled steel from Japan.\2\ On May 11,
2016, respondent Toyo Kohan requested that the Department conduct an
administrative review of its sale and shipments to the United States
during the POR.\3\ On May 31, 2016, the petitioner, Thomas Steel Strip
Corporation (Thomas Steel), requested that the Department conduct
administrative reviews of Toyo Kohan and NSSMC.\4\ On July 7, 2016, in
response to these timely requests, and in accordance with section
751(a) of the Tariff Act of 1930, as amended (the Act) and 19 CFR
351.221(c)(1)(i), the Department initiated an administrative review of
the antidumping duty order on certain nickel-plated, flat-rolled steel
from Japan with respect to both Toyo Kohan and NSSMC.\5\
---------------------------------------------------------------------------
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 81 FR 26206 (May 2, 2016).
\3\ See Letter from Toyo Kohan to the Department regarding
``Toyo Kohan's Request for Antidumping Administrative Review,
Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products from
Japan,'' dated May 11, 2016.
\4\ See Letter from Thomas Steel to the Department regarding
``Diffusion-Annealed Nickel-Plated Flat-Rolled Steel from Japan:
Request for Second Administrative Review of Antidumping Order,''
dated May 31, 2016.
\5\ See Initiation Notice, 81 FR at 44262.
---------------------------------------------------------------------------
Scope of the Order
The diffusion-annealed, nickel-plated flat-rolled steel products
included in this order are flat-rolled, cold-reduced steel products,
regardless of chemistry; whether or not in coils; either plated or
coated with nickel or nickel-based alloys and subsequently annealed
(i.e., ``diffusion-annealed''); whether or not painted, varnished or
coated with plastics or other metallic or nonmetallic substances; and
less than or equal to 2.0 mm in nominal thickness. For purposes of this
order, ``nickel-based alloys'' include all nickel alloys with other
metals in which nickel accounts for at least 80 percent of the alloy by
volume.
Imports of merchandise included in the scope of this order are
classified primarily under Harmonized Tariff Schedule of the United
States (HTSUS) subheadings 7212.50.0000 and 7210.90.6000, but may also
be classified under HTSUS subheadings 7210.70.6090, 7212.40.1000,
7212.40.5000, 7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080,
7220.90.0010, 7220.90.0015, 7225.99.0090, or 7226.99.0180. The
foregoing HTSUS subheadings are provided only for convenience and
customs purposes. The written description of the scope of this order is
dispositive.
[[Page 26047]]
Preliminary Determination of No Shipments
Subsequent to the initiation of this administrative review, the
Department received a timely submission from NSSMC certifying that it
did not have sales, shipments, or exports of subject merchandise to the
United States during the POR.\6\ To confirm NSSMC's no shipment claim,
the Department issued a no-shipment inquiry to U.S. Customs and Border
Protection (CBP) requesting that it review NSSMC's no-shipment
claim.\7\ CBP did not report that it had any information to contradict
NSSMC's claim of no shipments during the POR.\8\ Therefore, we
preliminarily determine that NSSMC had no shipments to the United
States, and therefore, no reviewable entries, during the POR. In
addition, we find it is not appropriate to rescind the review with
respect to NSSMC, but, rather to complete the review and issue
appropriate instructions to CBP based on the final results of the
review, consistent with our practice.\9\
---------------------------------------------------------------------------
\6\ See Letter from NSSMC to the Department regarding
``Diffusion-Annealed Nickel-Plated Flat-Rolled Steel Products from
Japan: Certification on No U.S. Sales During Administrative Review
Period,'' dated August 5, 2016 and Letter from NSSMC to the
Department regarding ``Diffusion-Annealed Nickel-Plated Flat-Rolled
Steel Products from Japan: Response to July 25, 2016 Department
Questionnaire,'' dated August 10, 2016.
\7\ See the Memorandum to the File from Dena Crossland,
``Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel Products from
Japan: No Shipments During the Period of Review from Nippon Steel &
Sumitomo Metals Corporation,'' dated May 11, 2017.
\8\ Id.
\9\ See e.g., Certain Frozen Warmwater Shrimp from Thailand;
Preliminary Results of Antidumping Duty Administrative Review,
Partial Rescission of Review, Preliminary Determination of No
Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged
in Certain Frozen Warmwater Shrimp from Thailand: Final Results of
Antidumping Duty Administrative Review, Final Determination of No
Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306
(August 28, 2014).
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Methodology
The Department is conducting this review in accordance with section
751(a)(2) of the Act. For Toyo Kohan, 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 memorandum from Gary
Taverman, Deputy Assistant Secretary for AD/CVD Operations, to Ronald
K. Lorentzen, Acting Assistant Secretary for Enforcement and
Compliance, titled ``Decision Memorandum for Preliminary Results of
Antidumping Duty Administrative Review: Diffusion-Annealed, Nickel-
Plated Flat-Rolled Steel Products (Certain Nickel-Plated, Flat-Rolled
Steel) from Japan; 2015-2016'' (Preliminary Decision Memorandum), which
is issued concurrent with and hereby adopted by 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 to ACCESS is available to registered users at https://access.trade.gov and is available to all parties in the Central Records
Unit, Room B8024 of the main Department of Commerce building. In
addition, a complete version of the Preliminary Decision Memorandum can
be accessed directly on the Internet at https://enforcement.trade.gov/frn/. A list of topics discussed in the Preliminary Decision
Memorandum is attached as an Appendix to this notice. The signed
Preliminary Decision Memorandum and the electronic versions of the
Preliminary Decision Memorandum are identical in content.
Preliminary Results of Review
We preliminarily determine that, for the period May 1, 2015,
through April 30, 2016, the following dumping margin exists:
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Weighted-
Manufacturer/exporter average margin
(percent)
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Toyo Kohan Co., Ltd.................................... 1.42
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Disclosure and Public Comment
The Department will disclose to parties to the proceeding any
calculations performed in connection with these preliminary results of
review within five days after the date of publication of this
notice.\10\ Interested parties may submit case briefs to the Department
in response to these preliminary results no later than 30 days after
the publication of these preliminary results.\11\ Rebuttal briefs, the
content of which is limited to the issues raised in the case briefs,
must be filed within five days from the deadline date for the
submission of case briefs.\12\
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\10\ See 19 CFR 351.224(b)
\11\ See 19 CFR 351.309(c)(1)(ii).
\12\ See 19 CFR 351.309(d)(1) and (2).
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Parties who submit arguments in this proceeding are requested to
submit with each argument: (1) A statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\13\ Executive
summaries should be limited to five pages total, including footnotes.
Case and rebuttal briefs should be filed using ACCESS.\14\ In order to
be properly filed, ACCESS must successfully receive an electronically-
filed document in its entirety by 5 p.m. Eastern Time. Case and
rebuttal briefs must be served on interested parties.\15\
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\13\ See 19 CFR 351.309(c)(2) and (d)(2).
\14\ See generally 19 CFR 351.303.
\15\ See 19 CFR 351.303(f).
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Within 30 days of the date of publication of this notice,
interested parties may request a public hearing on arguments raised in
the case and rebuttal briefs.\16\ Unless the Department specifies
otherwise, the hearing, if requested, will be held two days after the
date for submission of rebuttal briefs.\17\ Hearing requests should be
electronically submitted to the Department via ACCESS.\18\ The
Department's electronic records system, ACCESS, must successfully
receive an electronically-filed document in its entirety by 5:00 p.m.
Eastern Time 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 and rebuttal briefs.\19\ Parties
will be notified of the time and location of the hearing.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310(d)(1).
\18\ See generally, 19 CFR 351.303.
\19\ See 19 CFR 351.310(c).
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The Department intends to publish the final results of this
administrative review, including the results of its analysis of issues
addressed in any case or rebuttal brief, no later than 120 days after
publication of the preliminary results, unless extended.\20\
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\20\ See section 751(a)(3)(A) of the Act; 19 CFR 351.213(h).
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Assessment Rates
Upon completion of this administrative review, the Department shall
determine, and CBP shall assess, antidumping duties on all appropriate
entries.\21\ If Toyo Kohan's weighted-average dumping margin is not
zero or de minimis in the final results of this review, we will
calculate importer-specific assessment rates on the basis of the ratio
of the total amount of antidumping duties calculated for an importer's
examined sales and the total entered value of such sales in accordance
with 19 CFR 351.212(b)(1). If Toyo Kohan's weighted-average
[[Page 26048]]
dumping margin is zero or de minimis in the final results of review, we
will instruct CBP not to assess duties on any of its entries in
accordance with the Final Modification for Reviews, i.e.,
``{w{time} here the weighted-average margin of dumping for the exporter
is determined to be zero or de minimis, no antidumping duties will be
assessed.'' \22\ 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.
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\21\ See 19 CFR 351.212(b)(1).
\22\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101, 8102 (February 14,
2012) (Final Modification for Reviews).
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For entries of subject merchandise during the POR produced by Toyo
Kohan for which it did not know 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 intermediate company(ies)
involved in the transaction.\23\ In addition, if the Department
determines that NSSMC had no shipments of subject merchandise, any
suspended entries that entered under NSSMC's case number will be
liquidated at the all-other's rate.\24\ The all-others rate is 45.42
percent.\25\ We intend to issue liquidation instructions to CBP 15 days
after publication of the final results of this review.
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\23\ See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
\24\ Id.
\25\ See Diffusion-Annealed, Nickel-Plated Flat-Rolled Steel
Products from Japan: Antidumping Duty Order, 79 FR 30816, 30817 (May
29, 2014) (Order).
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review 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 Toyo Kohan will
be that established in the final results of this administrative review
(except, if the rate is zero or de minimis, no cash deposit will be
required); (2) for merchandise exported by manufacturers 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 recent period; (3) if the exporter
is not a firm covered in this review, a prior review, or in the less-
than-fair value investigation but the manufacturer is, the cash deposit
rate will be the rate established for the most recent period for the
manufacturer of the merchandise; and (4) the cash deposit rate for all
other manufacturers or exporters will continue to be the all-others
rate of 45.42 percent, which is the all-others rate established in the
investigation.\26\ These cash deposit requirements, when imposed, shall
remain in effect until further notice.
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\26\ See Order, 79 FR at 30817.
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Notification to Importers
This notice also serves as a 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 review period. Failure to comply
with this requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).
Dated: May 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Finding of No Shipments
V. Comparisons to Normal Value
VI. Product Comparisons
VII. Discussion of Methodology
A. Determination of Comparison Method
B. Results of the Differential Pricing Analysis
C. Date of Sale
D. Export Price
E. Normal Value
1. Home Market Viability
2. Level of Trade
3. Sales to Affiliated Customers
4. Cost of Production Analysis
5. Cost of Production Test
6. Calculation of Normal Value Based on Comparison Market Prices
7. Price-to-Constructed Value Comparisons
8. Constructed Value
F. Currency Conversion
VIII. Recommendation
[FR Doc. 2017-11672 Filed 6-5-17; 8:45 am]
BILLING CODE 3510-DS-P